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

California Assembly Bill 1560

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

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

Amended IN Assembly April 18, 2023

Amended IN Assembly March 16, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 1560

Introduced by Assembly Member Flora

February 17, 2023

An act to amend ~~Section~~ Sections 7712.1 and 7712.9 of the Business and Professions Code, relating to professions and ~~vocations.~~ vocations, and making an appropriation therefor.

LEGISLATIVE COUNSEL'S DIGEST

AB 1560, as amended, Flora. Crematories: change in ownership.

Existing law, the Cemetery and Funeral ~~Act,~~ Act (act), establishes the Cemetery and Funeral Bureau (bureau) for the licensure and regulation of crematories. ~~Existing law~~ The act requires every licensee operating a crematory pursuant to a license issued in compliance with the act to pay specified regulatory charges, and requires those fees to be deposited in the Cemetery and Funeral Fund (fund), which is continuously appropriated for the purpose of implementing the act. The act requires that any change in ownership of a crematory be reported to the bureau. Under ~~existing law,~~ the act, 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 ~~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. occurs if specified conditions are satisfied, including payment of a fee of $750 to the bureau. The bill would require the fee to be deposited in the fund. By establishing a new source of revenue for a continuously appropriated fund, the bill would make an appropriation. The bill would require a new owner to submit to the bureau a copy of the final sales agreement within 10 days after a sale of a crematory is final, would require the new owner to submit to the bureau proof that any required permit to operate the crematory issued by a local air pollution control district has been assigned to the new owner within 60 days after a sale of a crematory is final, and would make a failure to comply with these provisions a ground for disciplinary action.

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

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.

(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.

(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 may be assigned and the new owner shall submit an application to approve the assignment to the bureau after the change of ownership as otherwise provided in this 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).~~
(c) When a change of ownership in a crematory occurs, all of the following apply:
(1) The new owner may submit an application to assign the crematory license.
(2) If the new owner submits an application pursuant to paragraph (1), the new owner shall submit the application at least 30 days before the change of ownership occurs.
(3) If the new owner submits an application pursuant to paragraph (1), the new owner shall pay the fee described in subdivision (b) of Section 7712.9.
(4) If the new owner submits an application pursuant to paragraph (1), the bureau shall approve or disapprove the application.
(5) If the new owner submits an application pursuant to paragraph (1), the bureau may approve the application prior to the date of the final sale.
(d) (1) Within 10 days after a sale of a crematory is final, the new owner shall submit to the bureau a copy of the final sales agreement.
(2) Within 60 days after a sale of a crematory is final, the new owner shall submit to the bureau proof that any required permit to operate the crematory issued by a local air pollution control district has been assigned to the new owner.
(3) A failure to comply with paragraph (1) or (2) shall constitute a ground for a disciplinary action.

(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.

SEC. 2.

Section 7712.9 of the Business and Professions Code is amended to read:

7712.9.

(a) Every crematory licensee operating a crematory pursuant to a license issued in compliance with this article shall pay an annual regulatory charge for each crematory of seven hundred fifty dollars ($750). In addition to an annual regulatory charge for each crematory, every licensee operating a crematory pursuant to a license issued pursuant to this article shall pay an additional charge of eleven dollars and fifty cents ($11.50) per cremation made during the preceding quarter, which charges shall be deposited in the Cemetery and Funeral Fund.

(b) The fee to assign a crematory license shall be seven hundred fifty dollars ($750), paid by the proposed assignee, and deposited in the Cemetery and Funeral Fund.