2006 Summary of Legislation

• SB 1849 Committee on Business (Chapter 760, Statutes of 2006)
  
  1. Third-party casket retailers - Repeals requirement for third-party casket retailer regulatory study to the Joint Legislative Sunset Review Committee by 9/1/04. (Repeals Business and Professions Code Section 7612).
  2. Religious cemetery oversight - Repeals requirement for regulatory study on oversight of proprietary employees of religious corporations, churches, etc. to the Joint Legislative Sunset Review Committee by 9/1/04. (Repeals Business and Professions Code Section 9610).
• AB 886 Committee on Business and Professions (Chapter 96, Statutes of 2006)
  
  1. Human remains; disposition - Person(s) with right of disposition under Health and Safety Code Section 7100 have 7 days (10 for spouse) to make arrangements; if arrangements aren't made, or if the responsible party can't be located in timeframe, right of disposition passes to the next person(s) in degrees of kinship established by 7100. (Amends Health and Safety Code Section 7105).
• AB 2796 Mountjoy (Chapter 124, Statutes of 2006)
  
  1. Cemetery and Funeral Bureau address - Allows cemetery to provide Bureau address or state that the address is available at the cemetery office on mandatory signage. (Amends Health and Safety Code Section 8585).
  2. Endowment Care Fund signage - Removes requirement for Endowment Care Fund signage in cemetery sales offices. (Amends Health and Safety Code Section 8741).
• AB 2105 Emmerson (Chapter 463, Statutes of 2006)
  
  1. Human remains: permits: transportation out-of-state - Allows transportation of human remains out-of-state without a death certificate or permit being filed if Coroner releases remains and files death certificate with local registrar within 72 hours after finding remains. (Amends Health and Safety Code Sections 7055, 103050, 103075).
• SB 1490 Ducheny (Chapter 401, Statutes of 2006)
  
  1. Licensee information on website - Cemetery and Funeral Bureau website required to include name of cemetery owner, name of cemetery, owner's business address, and physical address of cemetery. (Adds Business and Professions Code Section 9611).
  2. Maintenance standards - Requires Cemetery and Funeral Bureau to adopt regulations establishing minimum maintenance standards for Endowment Care Fund cemeteries. (Adds Business and Professions Code Section 9612).
  3. Endowment Care Fund Survey - Cemetery and Funeral Bureau to conduct a survey of licensees regarding sufficiency of existing Endowment Care Fund(s), with results reportable to Legislature by 1/1/08. (Adds Business and Professions Code Section 9613).
• AB 2641 Coto (Chapter 863, Statutes of 2006)
  
  1. Native American remains - Currently, Health & Safety Code Section 7050.4 requires Coroner to notify the Native American Heritage Commission (NAHC) upon discovery of human remains believed to be Native American. Extends time period for descendents contacted by NAHC to express preference for treatment of remains from 24 to 48 hours after being granted access to site. Landowner to maintain site "as is" until decision reached or remains interred. (Amends Public Resources Code Sections 5097.97 and 5097.98).
• AB 2125 Vargas (Chapter 740, Statutes of 2006)
  
  1. Insurance - Requires an applicant for life agent license who sells only policies with a face amount of $15,000 or less, specified for funeral and burial expenses, to take an examination developed specifically for this type of death care policy (as opposed to the examination for full life agent). (Amends Insurance Code Section 1676).