SB 302

This bill makes a number of changes to laws concerning cemeteries, including

the following:

Transfers of functions to the Cemetery Board.

Under current law, the Department of Safety and Professional Services (DSPS)

and the Department of Financial Institutions (DFI) administer certain laws

governing cemeteries not currently administered by the Cemetery Board (board).

The laws administered by DSPS include the following:

1. The construction of mausoleums.

2. Various reporting requirements for cemetery authorities.

3. The certification of certain cemetery authorities as religious associations,

which are subject, in part, to different rules than other cemetery authorities.

4. The audit of a cemetery authority's records, trust funds, and accounts.

5. The licensure and regulation of cemetery salespersons.

6. The licensure and regulation of preneed sellers, the regulation of preneed

sales contracts, and the regulation and audit of preneed trust funds.

7. The promulgation of certain rules implementing laws concerning cemeteries

and the enforcement of those rules and laws.

With limited exceptions, the bill transfers the administration of the laws

governing cemeteries currently administered by DSPS, including all of the functions

specified above, to the board.

Under current law, seven or more residents of a county may form a cemetery

association for the election of trustees to manage cemetery land owned by the

cemetery association. A cemetery association is also a kind of cemetery authority.

Currently, the organization and certain other aspects, including reporting

requirements, of a cemetery association's functions are governed by DFI. The bill

transfers all regulation of cemetery associations from DFI to the board.

Disposition of occupied cemetery lots and mausoleum spaces.

Under current law, ownership of a cemetery lot in which human remains are

buried may not be transferred to another person who is not already an owner of the

cemetery lot, unless the cemetery authority consents to the transfer. Upon the death

of the owner of a cemetery lot, ownership descends to the owner's heirs. Current law

does not specify who qualifies as an heir.

This bill establishes specific rules for the disposition of a cemetery lot or

mausoleum space in which human remains are buried. Under the bill, upon the

death of the last owner of a cemetery lot or mausoleum space, ownership of the

cemetery lot or mausoleum space descends as follows:

1. To the owner's surviving spouse or domestic partner.

2. If there is no living spouse or domestic partner, to the owner's children.

3. If there is no living spouse, domestic partner, or child, to the owner's

grandchildren.