Today's Law As Amended


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AB-1816 Cemeteries: temporary manager.(2007-2008)



As Amends the Law Today


SECTION 1.

 Section 9610 is added to the Business and Professions Code, to read:

9610.
 (a) Notwithstanding any other provision of law, based upon a finding by a court of competent jurisdiction that a cemetery manager has ceased to perform his or her duties, as described in subdivision (a) of Section 9605.1, due to a lapse, suspension, surrender, abandonment, or revocation of his or her license, the court may appoint a temporary manager to manage the property and to service the prepaid interments of the private cemetery. The court shall appoint a licensed cemetery manager as the temporary manager, to the extent one is willing and available, otherwise the court shall appoint another qualified person.
(b) The appointed temporary manager shall have the same powers over the care and maintenance of the cemetery as a licensed cemetery manager, as described in subdivision (a) of Section 9605.1. The temporary manager shall serve for a limited term, as determined by the court, or until a new licensed manager has been hired, at which time the court shall terminate the temporary manager.
(c) The court may authorize the payment of reasonable compensation for the temporary manager’s services, which shall be paid by the trustees from available income from the cemetery’s endowment care fund, and, if appropriate, from available income from the cemetery’s special care funds. In exercising its discretion pursuant to this subdivision, the court shall give due consideration to the ability of the trust fund income to otherwise pay for care and maintenance of the cemetery.
SEC. 2.
 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to prevent the prolonged absence of management of private cemeteries, and to ensure the public health and safety of the communities in which private cemeteries are located at the earliest possible time, it is necessary that this act take effect immediately.