SB 183

Abstract

Cemetery Board; appointment of receiver upon revocation or surrender of license to operate cemetery in Virginia. Requires the Cemetery Board to petition a court of record having equity jurisdiction over the licensee or any of the funds held by him if the Board has reason to believe that (i) the licensee is not able to adequately protect the interest of the person involved; (ii) the licensee has had his license suspended, revoked, or surrendered; and (iii) the conduct of the licensee or the operation of the cemetery threatens the interests of the public. Current law allows, but does not require, the Board to file such petition upon a showing of at least one of the three requirements. If a receiver is appointed, the bill provides that the expenses of such receivership and a reasonable fee, as determined by the court, shall be paid from the assets of the cemetery company.

Cemetery Board; appointment of receiver uponrevocation or surrender of license to operate cemetery in Virginia.Permits the Cemetery Board to file a petition for appointmentof a receiver with a court of record having equity jurisdiction overthe licensee or any of the funds held by the licensee upon revocationor surrender of the license. The bill requires a court to appointa receiver if the license is revoked or suspended. The bill containstechnical amendments to clarify that the court is authorized to temporarilyenjoin actions of the licensee, manage the disbursement of fundsheld in trust by the licensee, or both and appoint a receiver tooperate the cemetery company.