Amended in Assembly April 22, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 180


Introduced bybegin delete Committee on Business and Professions (Assembly Members Bonilla (Chair), Bloom, Dodd, Gatto, Holden, Mullin, Ting, and Wood)end deletebegin insert Assembly Member Bonillaend insert

begin insert

(Coauthor: Senator Hill)

end insert

January 26, 2015


An act to amend Section 9625begin delete ofend deletebegin insert of, and to amend and repeal Section 9613 of,end insert the Business and Professions Code, relating to cemeteries.

LEGISLATIVE COUNSEL’S DIGEST

AB 180, as amended, begin deleteCommittee on Business and Professionsend delete begin insertBonillaend insert. Cemetery and Funeral Bureau.

The Cemetery Act provides for the licensure and regulation of cemeteries, crematories, and their personnel by the Cemetery and Funeralbegin delete Bureau thatend deletebegin insert Bureau, whichend insert is within the Department of Consumer Affairs. The act authorizes the Director of Consumer Affairs with the approval of the Director of Finance to appoint a chief of the bureau who is vested with the duty to enforce the act and serves at the pleasure of the director.begin insert The act also required the bureau to survey each of its licensees to obtain information to determine if the endowment care fund levels of the licensee’s cemetery are sufficient to cover the cost of future operation, as specified, and report its findings and recommendations to the Legislature by January 1, 2008.end insert

This bill would provide that the powers and duties of the bureau under the act are subject to review by the appropriate policy committees of the Legislature and that the review is required to be performed as if the act is scheduled to be repealed on January 1, 2020.begin insert The bill would require the bureau to conduct a study to obtain information to determine if the endowment care fund levels of its licensees’ cemeteries are sufficient to cover the cost of future operation, as specified, and report its findings and recommendations to the Senate Committee on Business, Professions and Economic Development and the Assembly Committee on Business and Professions by November 1, 2018. The bill would repeal that reporting requirement on January 1, 2020.end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 9613 of the end insertbegin insertBusiness and Professions
2Code
end insert
begin insert is amended to read:end insert

3

9613.  

(a)  The bureau shallbegin delete survey each of its licenseesend deletebegin insert conduct
4a studyend insert
to obtain information to determine if the endowment care
5fund levels ofbegin delete theend deletebegin insert eachend insert licensee’s cemetery are sufficient to cover
6the cost of future operation. The bureau shall also review the levels
7of endowment care funds that have previously been reported
8pursuant to this chapter by licensed cemeteries.

9(b) The bureau shall report its findings and recommendations
10to thebegin delete Legislature by January 1, 2008.end deletebegin insert Senate Committee on
11Business, Professions and Economic Development and the
12Assembly Committee on Business and Professions by November
131, 2018.end insert

begin insert

14(c) This section shall remain in effect only until January 1, 2020,
15and as of that date is repealed.

end insert
16

begin deleteSECTION 1.end delete
17begin insertSEC. 2.end insert  

Section 9625 of the Business and Professions Code is
18amended to read:

19

9625.  

(a) There is in the department, the Cemetery and Funeral
20Bureau, under the supervision and control of the director.

21(b) The director may appoint a chief at a salary to be fixed and
22determined by the director, with the approval of the Director of
23Finance. The duty of enforcing and administering this chapter is
24vested in the chief, and he or she is responsible to the director
25therefor. The chief shall serve at the pleasure of the director.

26(c) Notwithstanding any other law, the powers and duties of the
27bureau, as set forth in this chapter, shall be subject to review by
28the appropriate policy committees of the Legislature. The review
P3    1shall be performed as if this chapter were scheduled to be repealed
2on January 1, 2020.



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