Bill Text: CA AB1560 | 2023-2024 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Crematories: change in ownership.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2023-09-22 - Chaptered by Secretary of State - Chapter 206, Statutes of 2023. [AB1560 Detail]

Download: California-2023-AB1560-Amended.html

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Amended  IN  Assembly  March 16, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 1560

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Introduced by Assembly Member Flora

February 17, 2023

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An act to amend Section 7651 7712.1 of the Business and Professions Code, relating to professions and vocations.

LEGISLATIVE COUNSEL'S DIGEST

AB 1560, as amended, Flora. Cemetery broker: application for license. Crematories: change in ownership.

Existing law, the Cemetery and Funeral Act, establishes the Cemetery and Funeral Bureau (bureau) for the licensure and regulation of cemetery brokers. Existing law requires an application for license as a cemetery broker to be made in writing on the form prescribed by the bureau and filed at the principal office of the bureau. crematories. Existing law requires that any change in ownership of a crematory be reported to the bureau. Under existing law, when a change of ownership occurs, the existing crematory license lapses and the new owner must obtain a new license from the bureau.

This bill would make a nonsubstantive change to this provision.

This bill would instead authorize a crematory license to be assigned when a change of ownership occurs, as provided. The bill would require, upon a change of crematory ownership, the new owner to submit an application to approve the assignment of the license to the bureau after the change of ownership. The bill would require the new owner to notify the bureau of the potential change of ownership and any required inspections that must be conducted at least 30 days prior to the change of ownership. The bill would provide that the assignment is effective upon approval of the application by the bureau.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 7712.1 of the Business and Professions Code is amended to read:

7712.1.

 (a) Any change in the ownership of a crematory shall be reported to the bureau. Any

(b) Any transfer in a single transaction or a related series of transactions of more than 50 percent of the equitable interest in a licensed crematory shall constitute a change of ownership. When

(c) At least 30 calendar days prior to a change of ownership of a crematory, the new owner shall notify the bureau of the potential change of ownership and any required inspections that must be conducted.

(d) (1) When a change of ownership in a crematory occurs, the existing crematory license shall lapse may be assigned and the new owner shall obtain a new license from submit an application to approve the assignment to the bureau after the change of ownership as otherwise provided in this act. The article.

(2) The assignment of a license pursuant to this subdivision shall be effective upon the approval by the bureau of the application described in paragraph (1).

(e) The bureau shall not require an applicant under this section to obtain any new permit or license from any other governmental agency when the existing permit or license is valid.

SECTION 1.Section 7651 of the Business and Professions Code is amended to read:

7651.

Application for license as a cemetery broker shall be made in writing on a form prescribed by the bureau and filed at the principal office of the bureau. The application shall be accompanied by the original cemetery broker’s license fee.