Amended in Senate August 27, 2015

Amended in Senate June 29, 2015

Amended in Assembly April 22, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 180

Introduced by Assembly Member Bonilla

(Principal coauthor: Senator Hill)

January 26, 2015

An act to amend Sections begin delete 205, end delete 7600, 7602, 7607, begin delete 7608, end delete 7609, 7622.2, 7685.3, 7685.5, begin delete 7725.2, and 7727 end delete begin insert and 7725.2 end insert of, to amend the heading of Chapter 12 (commencing with Section 7600) of Division 3 of, begin insert to amend, repeal, and add Sections 205, 7608, and 7727 of, end insert to add Sections 7610.1, begin delete 7700.1, end delete begin insert 7711.1, end insert 7711.2, 7711.3, 7711.4, 7711.5, 7711.6, 7711.7, 7711.8, 7711.9, 7711.10, 7711.11, 7711.12, 7729.1, 7729.2, 7729.3, 7729.4, 7729.5, 7729.6, 7729.7, 7729.8, 7729.9, 7729.10, 7730, 7730.1, 7730.2, 7730.3, 7730.4, 7730.5, 7730.6, 7730.7, 7730.8, 7730.9, begin delete 7730.10, end delete 7731, 7731.1, begin delete 7731.2, 7731.3, and 7731.4 end delete begin insert and 7731.2 end insert to, to add Article 1.5 (commencing with Section 7611), Article 2.5 (commencing with Section 7637), Article 3.5 (commencing with Section 7651), Article 4.5 (commencing with Section 7672), and Article 6.5 (commencing with Section 7712) to Chapter 12 of Division 3 of, begin insert to add and repeal Sections 7730.10, 7731.3, and 7731.4 of, end insert to repeal Sections 7619.2, 7620, and begin delete 7261 end delete begin insert 7621 end insert of, to repeal Chapter 19 (commencing with Section 9600) of Division 3 of, and to repeal and add Section 7606 of, the Business and Professions Code, relating to professions and vocations, and making an appropriation therefor.

LEGISLATIVE COUNSEL’S DIGEST

AB 180, as amended, Bonilla. Cemetery and Funeral Bureau.

Existing law provides for the licensure and regulation of funeral directors, funeral establishments, and embalmers, by the Cemetery and Funeral Bureau pursuant to the Funeral Directors and Embalmers Law, and a violation of the law is a crime. Existing law provides for the licensure and regulation of cemetery managers, cemetery brokers, cemetery salespersons, crematories, and crematory managers, pursuant to the Cemetery Act, by the Cemetery and Funeral Bureau. Existing law directs charges imposed under the law and the act to be deposited into the State Funeral Directors and Embalmers Fund or the Cemetery Fund, respectively. Under existing law, these funds are continuously appropriated. Existing law, the Cemetery Act, requires 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 required the bureau to report its findings and recommendations to the Legislature by January 1, 2008.

This bill would consolidate the Funeral Directors and Embalmers Law and the Cemetery Act into the Cemetery and Funeral Bureau begin delete Act and end delete begin insert Act. The bill, beginning July 1, 2016, would end insert direct charges imposed under the act to be deposited into the renamed Cemetery and Funeral Fund, a continuously appropriated fund. Because additional moneys would be deposited into a continuously appropriated fund, the bill would make an appropriation. The bill would subject the powers and duties of the bureau to review by the appropriate policy committees of the Legislature and require the review to be performed as if the act is scheduled to be repealed on January 1, 2020. 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 maintenance, as specified, and to report its findings and recommendations to those policy committees by begin delete November 1, 2018 end delete begin insert January 1, 2018 end insert . The bill would no longer require an applicant to include specified information or proof when applying to become a funeral director. The bill would also remove obsolete references and make additional nonsubstantive changes.

By expanding the scope of a crime, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: yes. Fiscal committee: yes. State-mandated local program: yes.

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

begin delete

SECTION 1.  

Section 205 of the Business and Professions Code
is amended to read:

205.  

(a) There is in the State Treasury the Professions and
Vocations Fund. The fund shall consist of the following special
funds:

(1) Accountancy Fund.

(2) California Architects Board Fund.

(3) Athletic Commission Fund.

(4) Barbering and Cosmetology Contingent Fund.

(5) Cemetery and Funeral Fund.

(6) Contractors’ License Fund.

(7) State Dentistry Fund.

(8) Guide Dogs for the Blind Fund.

(9) Home Furnishings and Thermal Insulation Fund.

(10) California Architects Board-Landscape Architects Fund.

(11) Contingent Fund of the Medical Board of California.

(12) Optometry Fund.

(13) Pharmacy Board Contingent Fund.

(14) Physical Therapy Fund.

(15) Private Investigator Fund.

(16) Professional Engineer’s and Land Surveyor’s Fund.

(17) Consumer Affairs Fund.

(18) Behavioral Sciences Fund.

(19) Licensed Midwifery Fund.

(20) Court Reporters’ Fund.

(21) Veterinary Medical Board Contingent Fund.

(22) Vocational Nurses Account of the Vocational Nursing and
Psychiatric Technicians Fund.

(23) Electronic and Appliance Repair Fund.

(24) Geology and Geophysics Account of the Professional
Engineer’s and Land Surveyor’s Fund.

(25) Dispensing Opticians Fund.

(26) Acupuncture Fund.

(27) Physician Assistant Fund.

(28) Board of Podiatric Medicine Fund.

(29) Psychology Fund.

(30) Respiratory Care Fund.

(31) Speech-Language Pathology and Audiology and Hearing
Aid Dispensers Fund.

(32) Board of Registered Nursing Fund.

(33) Psychiatric Technician Examiners Account of the
Vocational Nursing and Psychiatric Technicians Fund.

(34) Animal Health Technician Examining Committee Fund.

(35) State Dental Hygiene Fund.

(36) State Dental Assistant Fund.

(37) Structural Pest Control Fund.

(38) Structural Pest Control Eradication and Enforcement Fund.

(39) Structural Pest Control Research Fund.

(b) For accounting and recordkeeping purposes, the Professions
and Vocations Fund shall be deemed to be a single special fund,
and each of the several special funds therein shall constitute and
be deemed to be a separate account in the Professions and
Vocations Fund. Each account or fund shall be available for
expenditure only for the purposes as are now or may hereafter be
provided by law.

end delete

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 205 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

205.  

(a) There is in the State Treasury the Professions and
Vocations Fund. The fund shall consist of the following special
funds:

(1) Accountancy Fund.

(2) California Architects Board Fund.

(3) Athletic Commission Fund.

(4) Barbering and Cosmetology Contingent Fund.

(5) Cemetery Fund.

(6) Contractors’ License Fund.

(7) State Dentistry Fund.

(8) State Funeral Directors and Embalmers Fund.

(9) Guide Dogs for the Blind Fund.

(10) Home Furnishings and Thermal Insulation Fund.

(11) California Architects Board-Landscape Architects Fund.

(12) Contingent Fund of the Medical Board of California.

(13) Optometry Fund.

(14) Pharmacy Board Contingent Fund.

(15) Physical Therapy Fund.

(16) Private Investigator Fund.

(17) Professional Engineer’s and Land Surveyor’s Fund.

(18) Consumer Affairs Fund.

(19) Behavioral Sciences Fund.

(20) Licensed Midwifery Fund.

(21) Court Reporters’ Fund.

(22) Veterinary Medical Board Contingent Fund.

(23) Vocational Nurses Account of the Vocational Nursing and
Psychiatric Technicians Fund.

(24) Electronic and Appliance Repair Fund.

(25) Geology and Geophysics Account of the Professional
Engineer’s and Land Surveyor’s Fund.

(26) Dispensing Opticians Fund.

(27) Acupuncture Fund.

(28) Physician Assistant Fund.

(29) Board of Podiatric Medicine Fund.

(30) Psychology Fund.

(31) Respiratory Care Fund.

(32) Speech-Language Pathology and Audiology and Hearing
Aid Dispensers Fund.

(33) Board of Registered Nursing Fund.

(34) Psychiatric Technician Examiners Account of the
Vocational Nursing and Psychiatric Technicians Fund.

(35) Animal Health Technician Examining Committee Fund.

(36) State Dental Hygiene Fund.

(37) State Dental Assistant Fund.

(38) Structural Pest Control Fund.

(39) Structural Pest Control Eradication and Enforcement Fund.

(40) Structural Pest Control Research Fund.

(b) For accounting and recordkeeping purposes, the Professions
and Vocations Fund shall be deemed to be a single special fund,
and each of the several special funds therein shall constitute and
be deemed to be a separate account in the Professions and
Vocations Fund. Each account or fund shall be available for
expenditure only for the purposes as are now or may hereafter be
provided by law.

begin insert

(c) This section shall remain in effect only until July 1, 2016,
and as of that date is repealed, unless a later enacted statute, that
is enacted before July 1, 2016, deletes or extends that date.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 205 is added to the end insert begin insert Business and Professions
Code end insert begin insert , to read: end insert

begin insert

begin insert 205. end insert   

(a) There is in the State Treasury the Professions and
Vocations Fund. The fund shall consist of the following special
funds:

(1) Accountancy Fund.

(2) California Architects Board Fund.

(3) Athletic Commission Fund.

(4) Barbering and Cosmetology Contingent Fund.

(5) Cemetery and Funeral Fund.

(6) Contractors’ License Fund.

(7) State Dentistry Fund.

(8) Guide Dogs for the Blind Fund.

(9) Home Furnishings and Thermal Insulation Fund.

(10) California Architects Board-Landscape Architects Fund.

(11) Contingent Fund of the Medical Board of California.

(12) Optometry Fund.

(13) Pharmacy Board Contingent Fund.

(14) Physical Therapy Fund.

(15) Private Investigator Fund.

(16) Professional Engineer’s and Land Surveyor’s Fund.

(17) Consumer Affairs Fund.

(18) Behavioral Sciences Fund.

(19) Licensed Midwifery Fund.

(20) Court Reporters’ Fund.

(21) Veterinary Medical Board Contingent Fund.

(22) Vocational Nurses Account of the Vocational Nursing and
Psychiatric Technicians Fund.

(23) Electronic and Appliance Repair Fund.

(24) Geology and Geophysics Account of the Professional
Engineer’s and Land Surveyor’s Fund.

(25) Dispensing Opticians Fund.

(26) Acupuncture Fund.

(27) Physician Assistant Fund.

(28) Board of Podiatric Medicine Fund.

(29) Psychology Fund.

(30) Respiratory Care Fund.

(31) Speech-Language Pathology and Audiology and Hearing
Aid Dispensers Fund.

(32) Board of Registered Nursing Fund.

(33) Psychiatric Technician Examiners Account of the
Vocational Nursing and Psychiatric Technicians Fund.

(34) Animal Health Technician Examining Committee Fund.

(35) State Dental Hygiene Fund.

(36) State Dental Assistant Fund.

(37) Structural Pest Control Fund.

(38) Structural Pest Control Eradication and Enforcement Fund.

(39) Structural Pest Control Research Fund.

(b) For accounting and recordkeeping purposes, the Professions
and Vocations Fund shall be deemed to be a single special fund,
and each of the several special funds therein shall constitute and
be deemed to be a separate account in the Professions and
Vocations Fund. Each account or fund shall be available for
expenditure only for the purposes as are now or may hereafter be
provided by law.

(c) This section shall become operative on July 1, 2016.

end insert

begin delete SEC. 2. end delete
begin insert SEC. 3. end insert   

The heading of Chapter 12 (commencing with Section
7600) of Division 3 of the Business and Professions Code is
amended to read:

 

Chapter  12. Cemetery and Funeral Act

 

begin delete SEC. 3. end delete
begin insert SEC. 4. end insert   

Section 7600 of the Business and Professions Code is
amended to read:

7600.  

This chapter of the Business and Professions Code
constitutes the chapter on cemetery and funeral law. It may be
cited as the Cemetery and Funeral Act.

begin delete SEC. 4. end delete
begin insert SEC. 5. end insert   

Section 7602 of the Business and Professions Code is
amended to read:

7602.  

(a) (1) There is in the department the Cemetery and
Funeral Bureau, under the supervision and control of the director.

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

(3) Every power granted or duty imposed upon the director
under this chapter may be exercised or performed in the name of
the director by a deputy director or by the chief, subject to such
conditions and limitations as the director may prescribe.

(b) Notwithstanding any other law, the powers and duties of the
bureau, as set forth in this chapter, shall be subject to review by
the appropriate policy committees of the Legislature. The review
shall be performed as if this chapter is scheduled to begin delete repeal end delete begin insert be
repealed end insert on January 1, 2020.

begin delete SEC. 5. end delete
begin insert SEC. 6. end insert   

Section 7606 of the Business and Professions Code is
repealed.

begin delete SEC. 6. end delete
begin insert SEC. 7. end insert   

Section 7606 is added to the Business and Professions
Code, to read:

7606.  

The bureau may establish necessary rules and regulations
for the administration and enforcement of this act and the laws
subject to its jurisdiction and prescribe the form of statements and
reports provided for in this act. The rules and regulations shall be
adopted, amended, or repealed in accordance with the provisions
of the Administrative Procedure Act (Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code).

begin delete SEC. 7. end delete
begin insert SEC. 8. end insert   

Section 7607 of the Business and Professions Code is
amended to read:

7607.  

The bureau may inspect the premises in which the
business of a funeral establishment, cemetery, or crematory is
conducted, where embalming is practiced, or where human remains
are stored.

begin delete

SEC. 8.  

Section 7608 of the Business and Professions Code is
amended to read:

7608.  

The Director of Consumer Affairs may employ and
appoint all employees necessary to properly administer the work
of the bureau, in accordance with civil service regulations.

With the approval of the Director of Finance, and, subject to the
provisions of Section 159.5, the bureau shall employ investigators
and attorneys to assist the bureau in prosecuting violations of this
chapter, whose compensation and expenses shall be payable from
the Cemetery and Funeral Fund.

end delete

begin insert

begin insert SEC. 9. end insert   

end insert

begin insert Section 7608 of the end insert begin insert Business and Professions Code end insert begin insert is
amended to read: end insert

7608.  

begin insert (a) end insert begin insert   end insert The Director of Consumer Affairs may employ and
appoint all employees necessary to properly administer the work
of the bureau, in accordance with civil service regulations.

With the approval of the Director of Finance, and, subject to the
provisions of Section 159.5, the bureau shall employ investigators
and attorneys to assist the bureau in prosecuting violations of this
chapter begin insert relating to funeral directors and embalmers end insert , whose
compensation and expenses shall be payable only out of the State
Funeral Directors and Embalmers Fund.

begin insert

(b) This section shall remain in effect only until July 1, 2016,
and as of that date is repealed, unless a later enacted statute, that
is enacted before July 1, 2016, deletes or extends that date.

end insert

begin insert

begin insert SEC. 10. end insert   

end insert

begin insert Section 7608 is added to the end insert begin insert Business and Professions
Code end insert begin insert , to read: end insert

begin insert

begin insert 7608. end insert   

(a) The Director of Consumer Affairs may employ and
appoint all employees necessary to properly administer the work
of the bureau, in accordance with civil service regulations.

With the approval of the Director of Finance, and, subject to
the provisions of Section 159.5, the bureau shall employ
investigators and attorneys to assist the bureau in prosecuting
violations of this chapter, whose compensation and expenses shall
be payable only out of the Cemetery and Funeral Fund.

(b) This section shall become operative on July 1, 2016.

end insert

begin delete SEC. 9. end delete
begin insert SEC. 11. end insert   

Section 7609 of the Business and Professions Code
is amended to read:

7609.  

This chapter does not apply to, or in any way interfere
with, the duties of any officer of any public institution or of any
duly accredited medical college, nor does it apply to any hospital
licensed pursuant to Chapter 2 (commencing with Section 1250)
of Division 2 of the Health and Safety Code, or anyone engaged
only in the furnishing of burial receptacles.

begin delete SEC. 10. end delete
begin insert SEC. 12. end insert   

Section 7610.1 is added to the Business and
Professions Code, to read:

7610.1.  

In the enforcement of this act and the laws subject to
its jurisdiction, the bureau has all the powers and is subject to all
the responsibilities vested in and imposed upon the head of a
department under Chapter 2 (commencing with Section 11150) of
Part 1 of Division 3 of Title 2 of the Government Code.

begin delete SEC. 11. end delete
begin insert SEC. 13. end insert   

Article 1.5 (commencing with Section 7611) is added
to Chapter 12 of Division 3 of the Business and Professions Code,
to read:

 

Article 1.5.  Definitions and Regulation of Cemeteries

 

7611.  

The definitions in this article govern the meaning of
terms used in the act except as otherwise provided expressly or by
necessary implication.

7611.1.  

“Act” means the Cemetery and Funeral Bureau Act.

7611.2.  

A “cemetery broker” is a person who, other than in
reference to an occasional sale, sells or offers for sale, buys, or
offers to buy, lists, leases or offers to lease, or solicits, or negotiates
the purchase or sale, lease, or exchange of cemetery property or
interment services, or interest therein, for his or her own account
or for another.

7611.3.  

A “cemetery salesperson” is a natural person who,
other than in reference to an occasional sale, is employed by a
cemetery broker to sell, or offer for sale, list or offer to list, or to
buy, or to offer to buy, or to lease, or offer to lease, or to solicit,
or to negotiate the purchase or sale or lease or exchange of
cemetery property or interment services, or any interest therein,
for his or her own account or for another.

7611.4.  

(a) A “cemetery manager” is a person engaged in or
conducting, or holding himself or herself out as engaged in those
activities involved in, or incidental to, the maintaining, operating,
or improving a cemetery licensed under this chapter, the interring
of human remains, and the care, preservation, and embellishment
of cemetery property.

(b) For persons licensed pursuant to Section 7637.1, a “cemetery
manager” is a person engaged in or conducting, or holding himself
or herself out as engaged in those activities involved in, or
incidental to, the following:

(1) The maintaining, operating, or improving of a cemetery
licensed under this chapter.

(2) The interment of human remains.

(3) The care, preservation, and embellishment of cemetery
property.

(4) Activities described in Section 7637.2.

7611.5.  

A “crematory manager” is a person engaged in or
conducting, or holding himself or herself out as engaged in those
activities involved in, or incidental to, the maintaining or operating
begin insert of end insert a crematory licensed under this chapter, and the cremation of
human remains.

7611.6.  

The definitions in Chapter 1 (commencing with Section
7000) of Part 1 of Division 7 of the Health and Safety Code are
applicable to this act.

7611.7.  

“Cemetery licensee” means any cemetery broker,
cemetery salesperson, or cemetery manager.

7611.8.  

“Crematory licensee” shall mean a corporation,
partnership, or natural person licensed pursuant to Article 6.5
(commencing with Section 7712) and shall mean a cemetery
licensee for purposes of disciplinary action under Article 6
(commencing with Section 7686).

7611.9.  

A “cremated remains disposer” is a person who, for
his or her own account or for another, disposes of, or offers to
dispose of, cremated human remains by scattering over or on land
or sea.

7611.10.  

“Endowment care” or “endowed care” shall include
both general and special care funds.

7612.  

An “occasional sale” is a sale of cemetery property not
acquired or held for purposes of resale or speculation, provided
such sale is not one of a series of sales sufficient in number, scope,
and character to constitute engaging in the business of selling or
reselling or holding for speculation cemetery property.

7612.1.  

“Public cemetery” means a cemetery owned and
operated by a city, county, city and county, or public cemetery
district.

7612.2.  

This act does not apply to any of the following:

(a) A religious corporation, church, religious society or
denomination, a corporation sole administering temporalities of
any church or religious society or denomination, or any cemetery
organized, controlled, and operated by any of them.

(b) A public cemetery.

(c) Any private or fraternal burial park not exceeding 10 acres
in area, established prior to September 19, 1939; however, (1)  
those cemeteries shall be subject to the cemetery brokerage
provisions of this act, and (2)   any cemetery shall be subject to all
of the provisions of this act if it collects a care, maintenance, or
embellishment deposit or sets up a trust for burial purposes
pursuant to Section 8775 of the Health and Safety Code, including
funeral services such as mortuary, cremation, or other commodities
or services furnished at the time of and in connection with that
funeral or cremation.

7612.3.  

The bureau shall disclose on its Internet Web site,
information about each cemetery subject to the jurisdiction of the
bureau. In addition to the information required by Section 27, the
bureau shall disclose the name of the owner of each cemetery, the
name of the cemetery, the business address of the cemetery owner,
and the physical address of the cemetery.

7612.4.  

(a) Notwithstanding Section 8115 of the Health and
Safety Code, in order to protect consumers, the bureau shall adopt
regulations that establish minimum standards of maintenance for
endowment care cemeteries under the jurisdiction of the bureau.
The regulations shall consider differences in cemetery size,
location, topography, and type of interments. The regulations shall
also consider the extent to which funds are available from the
cemetery’s endowment care funds to perform maintenance.

(b) The standards established pursuant to this section shall not
supersede any standards of a higher level of care established
pursuant to Section 8115 of the Health and Safety Code.

7612.5.  

(a) (1) Any person who holds or has held, or was
named on, any license or registration under the jurisdiction of the
bureau that has been, within the immediately preceding 10 years,
revoked, suspended, placed on probation, or surrendered under a
stipulated decision, and who is employed by, or who seeks
employment with, a licensed cemetery, a licensed crematory, or a
licensed cemetery broker in any capacity, shall inform the licensed
cemetery manager, the licensed crematory manager, or the licensed
cemetery broker of that revocation, suspension, probation, or
surrender.

(2) A person subject to this subdivision shall inform the licensed
cemetery manager, the licensed crematory manager, or the licensed
cemetery broker upon application for employment by completing
a form that shall be made available by the bureau.

(b) The cemetery manager, crematory manager, or cemetery
broker who is informed pursuant to subdivision (a) shall notify the
bureau by submitting the form within 30 days of being so informed.
Failure of the cemetery manager, crematory manager, or cemetery
broker to notify the bureau shall be a cause for a warning. A
cemetery manager, crematory manager, or cemetery broker shall
not be subject to a warning if his or her failure to notify the bureau
is due to a false statement made by an employee.

(c) Any person required to notify the cemetery manager,
crematory manager, or cemetery broker under subdivision (a) who
fails to do so or who makes a false statement on the required form
shall be subject to disciplinary action if that person is a licensee
of the bureau, or that failure or false statement shall be cause for
denial of a license under Section 480.

(d) For purposes of subdivision (a), the term “named on” applies
to a person who was an owner, partner, or corporate officer of an
entity that was licensed or registered under the act at the time that
entity’s license or registration under the act was revoked,
suspended, placed on probation, or surrendered.

7612.6.  

(a) Each cemetery authority shall file with the bureau
annually, on or before June 1, or within five months after close of
their fiscal year provided approval has been granted by the bureau
as provided for in Section 7612.7, a written report in a form
prescribed by the bureau setting forth the following:

(1) The number of square feet of grave space and the number
of crypts and niches sold or disposed of under endowment care by
specific periods as set forth in the form prescribed.

(2) The amount collected and deposited in both the general and
special endowment care funds segregated as to the amounts for
crypts, niches, and grave space by specific periods as set forth
either on the accrual or cash basis at the option of the cemetery
authority.

(3) A statement showing separately the total amount of the
general and special endowment care funds invested in each of the
investments authorized by law and the amount of cash on hand
not invested, which statement shall actually show the financial
condition of the funds.

(4) A statement showing separately the location, description,
and character of the investments in which the special endowment
care funds are invested. The statement shall show the valuations
of any securities held in the endowment care fund as valued
pursuant to Section 7614.7.

(5) A statement showing the transactions entered into between
the corporation or any officer, employee, or stockholder thereof
and the trustees of the endowment care funds with respect to those
endowment care funds. The statement shall show the dates,
amounts of the transactions, and shall contain a statement of the
reasons for those transactions.

(b) The report shall be verified by the president or vice president
and one other officer of the cemetery corporation. The information
submitted pursuant to paragraphs (2), (3), (4), and (5) of
subdivision (a) shall be accompanied by an annual audit report of
the endowment care fund and special care fund signed by a certified
public accountant or public accountant. The scope of the audit
shall include the inspection, review, and audit of the general
purpose financial statements of the endowment care fund and
special care fund, which shall include the balance sheet, the
statement of revenues, expenditures, and changes in fund balance.

(c) If a cemetery authority files a written request prior to the
date the report is due, the bureau may, in its discretion, grant an
additional 30 days within which to file the report.

7612.7.  

Each cemetery authority requesting a change of filing
date of the endowment care fund report from a calendar year to a
fiscal year or a change in fiscal year shall file a petition with the
bureau prior to the close of the year of request. The bureau may
approve such petition provided that no report shall be for a period
of more than 12 months.

7612.8.  

The report shall state the name of the trustee or trustees
of the endowment care fund. Any change of trustee shall be
reported to the bureau within a period of 30 days after the change
is made.

7612.9.  

A copy of each annual audit report shall be transmitted
to the bureau and shall be a public record. It shall also be open for
public inspection at the offices of the cemetery authority during
normal business hours. If the cemetery authority does not maintain
offices in the county in which its cemetery is located, it shall file
a copy of the annual audit report with the county clerk of the
county, which shall be subject to public inspection.

7612.10.  

(a) Any cemetery authority that does not file its report
within the time prescribed by Section 7612.6 may be assessed a
fine by the bureau in an amount not to exceed four hundred dollars
($400) per month for a maximum of five months. The amount of
the fine shall be established by regulation in accordance with the
Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code). Failure to pay the fine within 15 days after receipt of written
notification of the assessment or, where a timely request for waiver
or reduction of the fine has been filed, within 15 days after receipt
of written notification of the bureau’s decision in the matter, shall
be cause for disciplinary action.

(b) A cemetery authority may request waiver or reduction of a
fine by making a written request therefor. The request shall be
postmarked within the time specified above for payment of the
fine and shall be accompanied by a statement showing good cause
for the request.

(c) The bureau may waive or reduce the fine where a timely
request is made and where it determines, in its discretion, that the
cemetery authority has made a sufficient showing of good cause
for the waiver or reduction.

7612.11.  

(a) The bureau shall conduct a study to obtain
information to determine if the endowment care fund levels of
each licensee’s cemetery are sufficient to cover the cost of future
maintenance. The bureau shall also review the levels of endowment
care funds that have previously been reported pursuant to this
chapter by licensed cemeteries.

(b) The bureau shall report its findings and recommendations
to the begin delete Senate Committee on Business, Professions and Economic
Development and the Assembly Committee on Business and
Profession by November 1, 2018 end delete begin insert appropriate policy committees
of the Legislature by January 1, 2018 end insert .

7613.  

The bureau shall examine the reports filed with it as to
their compliance with the requirements of the Health and Safety
Code as to the amount of endowment care funds collected and as
to the manner of investment of those funds.

7613.1.  

The bureau shall examine the endowment care funds
of a cemetery authority:

(a) Whenever it deems necessary and at least once every five
years.

(b) Whenever the cemetery authority in charge of endowment
care funds fails to file the report required by this article.

(c) Whenever the accountant or auditor qualifies his or her
certification of the report that is prepared and signed by a certified
public accountant licensed in the state and prepared in accordance
with Section 7612.6.

(d) The reasonable and necessary cost of the examination
performed under subdivision (b) or (c) shall be paid by the
cemetery authority.

(e) A certified copy of the actual costs, or a good faith estimate
of the costs where actual costs are not available, signed by the
director or his or her designee, shall be prima facie evidence of
the reasonable and necessary costs of the examination.

(f) The actual and necessary expense of the examination under
subdivision (a) shall, in the discretion of the bureau, be paid by
the cemetery authority whenever the examination requires more
than one day and the need for continuing the examination is directly
related to identified omissions and errors in the management of
endowment care funds.

begin insert

begin insert 7613.2. end insert   

(a) If any cemetery authority refuses to pay such
expenses, the bureau shall refuse it a certificate of authority and
shall revoke any existing certificate of authority. All examination
expense moneys collected by the bureau shall be paid into the State
Treasury to the credit of the Cemetery Fund.

(b) This section shall remain in effect only until July 1, 2016,
and as of that date is repealed, unless a later enacted statute, that
is enacted before July 1, 2016, deletes or extends that date.

end insert

7613.2.  

begin insert (a) end insert begin insert   end insert If any cemetery authority refuses to pay such
expenses, the bureau shall refuse it a certificate of authority and
shall revoke any existing certificate of authority. All examination
expense moneys collected by the bureau shall be paid into the State
Treasury to the credit of the Cemetery and Funeral Fund.

begin insert

(b) This section shall become operative on July 1, 2016.

end insert

7613.3.  

(a) In making the examination, the bureau:

(1) Shall have free access to the books and records relating to
the trust funds, their collection and investment, and the number of
graves, crypts, and niches under endowment care.

(2) Shall inspect and examine the trust funds to determine their
condition and the existence of the investments.

(3) Shall ascertain if the cemetery corporation has complied
with all the laws applicable to trust funds.

(b) Upon request by the bureau, a cemetery authority shall
provide records to substantiate the expenditures of the income of
the trust funds. If a cemetery authority fails to reasonably comply
with this request, the bureau may have access to books, records,
and accounts of a cemetery authority for purposes of ascertaining
compliance with applicable laws.

7613.4.  

(a) Subject to subdivision (b), a limited liability
company certificated as a cemetery authority pursuant to Section
7018 of the Health and Safety Code may provide services of
licensed cemetery brokers, cemetery salespersons, cemetery
managers, funeral directors, embalmers, crematorium licensees,
and any other person licensed under this code to provide services
relating to cemeteries and funerals by employing one or more of
these licensed persons.

(b) At the time of certification, and at all times during which a
limited liability company transacts intrastate business as a cemetery
authority, the company shall be required to provide security for
claims against it based upon acts, errors, or omissions of its
licensed employees as described in subdivision (a) by complying
with one, or a combination, of the following:

(1) (A) Maintaining a policy or policies of insurance against
liability imposed on or against it by law for damages arising out
of claims. However, the total aggregate limit of liability under the
policy or policies of insurance for a limited liability company that
employs five or fewer licensed persons shall not be less than one
million dollars ($1,000,000), and for a limited liability company
that employs more than five licensees, an additional one hundred
thousand dollars ($100,000) of insurance shall be obtained for
each additional licensee except that the maximum amount of
insurance is not required to exceed five million dollars ($5,000,000)
in any one designated period, less amounts paid in defending,
settling, or discharging claims as set forth in this paragraph. The
policy or policies may be issued on a claims-made or occurrence
basis, and shall cover:

(i) In the case of a claims-made policy, claims initially asserted
in the designated period.

(ii) In the case of an occurrence policy, occurrences during the
designated period.

(B) For purposes of this paragraph, “designated period” means
a policy year or any other designated period in the policy that is
not greater than 12 months.

(C) The impairment or exhaustion of the aggregate limit of
liability by amounts paid under the policy in connection with the
settlement, discharge, or defense of claims applicable to a
designated period shall not require the limited liability company
to acquire additional insurance coverage for that designated period.
The policy or policies of insurance may be in a form reasonably
available in the commercial insurance market and may be subject
to those terms, conditions, exclusions, and endorsements that are
typically contained in those policies. A policy or policies of
insurance maintained pursuant to this paragraph may be subject
to a deductible or self-insured retention.

(D) Upon the dissolution and winding up of the limited liability
company, the company shall, with respect to any insurance policy
or policies then maintained pursuant to this paragraph, maintain
or obtain an extended reporting period endorsement or equivalent
provision in the maximum aggregate limit of liability required to
comply with this paragraph for a minimum of three years if
reasonably available from the insurer.

(2) Maintaining in trust or bank escrow, cash, bank certificates
of deposit, United States Treasury obligations, bank letters of
credit, or bonds of insurance or surety companies as security for
payment of liabilities imposed by law for damages arising out of
all claims. However, the maximum amount of security for a limited
liability company that employs five or fewer licensed persons shall
not be less than one million dollars ($1,000,000), and for a limited
liability company that employs more than five licensees rendering
professional services on behalf of the company, an additional one
hundred thousand dollars ($100,000) of security shall be obtained
for each additional licensee except that the maximum amount of
security is not required to exceed five million dollars ($5,000,000).
The limited liability company remains in compliance with this
section during a calendar year notwithstanding amounts paid during
that calendar year from the accounts, funds, Treasury obligations,
letters of credit, or bonds in defending, settling, or discharging
claims of the type described in this paragraph, provided that the
amount of those accounts, funds, Treasury obligations, letters of
credit, or bonds was at least the amount specified in the preceding
sentence as of the first business day of that calendar year.
Notwithstanding the pendency of other claims against the limited
liability company, it shall be deemed to be in compliance with this
paragraph as to a claim if within 30 days after the time that a claim
is initially asserted through service of a summons, complaint, or
comparable pleading in a judicial or administrative proceeding,
the limited liability company has provided the required amount of
security by designating and segregating funds in compliance with
the requirements of this paragraph.

(3) Unless the limited liability company has satisfied paragraph
(4), each member of a limited liability company certificated as a
cemetery authority that provides professional services rendered
by employees who are licensed professionals described in
subdivision (a), by virtue of that person’s status as a member,
thereby automatically guarantees payment of the difference
between the maximum amount of security required for the limited
liability company by this subdivision and the security otherwise
provided in accordance with paragraphs (1) and (2), provided that
the aggregate amount paid by all members under these guarantees
shall not exceed the difference. Neither withdrawal by a member
nor the dissolution and winding up of the limited liability company
shall affect the rights or obligations of a member arising prior to
withdrawal or dissolution and winding up, and the guarantee
provided for in this paragraph shall apply only to conduct that
occurred prior to the withdrawal or dissolution and winding up.
Nothing contained in this subdivision shall affect or impair the
rights or obligations of the members among themselves, or the
limited liability company, including, but not limited to, rights of
contribution, subrogation, or indemnification.

(4) Confirming, pursuant to the procedure in subdivision (c) of
Section 16956 of the Corporations Code, that, as of the most
recently completed fiscal year of the limited liability company, it
had a net worth equal to or exceeding ten million dollars
($10,000,000). The limited liability company shall transmit
evidence of this paragraph to the bureau in a form similar to the
form submitted by a limited liability partnership providing
alternative security provisions pursuant to subdivision (c) of
Section 16956 of the Corporations Code.

(c) (1) A limited liability company may aggregate the security
required pursuant to paragraphs (1) to (4), inclusive, of subdivision
(b).

(2) For purposes of compliance with this section, the provisions
of subdivision (d) of Section 16956 of the Corporations Code shall
apply to a limited liability company certificated as a cemetery
authority.

7613.5.  

(a) A person licensed under this code as a cemetery
broker, cemetery salesperson, cemetery manager, funeral director,
embalmer, crematorium licensee, or other person licensed to
provide services related to cemeteries and funerals shall not have
any ownership interest as a member in a limited liability company
certificated as a cemetery authority pursuant to Section 7018 of
the Health and Safety Code.

(b) If a limited liability company admits, as a member with
ownership interest, a licensed person described in subdivision (a),
the limited liability company, by operation of law, shall be deemed
in violation of subdivision (e) of Section 17701.04 of the
Corporations Code, and the members shall be treated as partners
with joint and several liability for claims made upon acts, errors,
or omissions arising out of services provided by any licensed
person described in subdivision (a).

(c) If the bureau determines that a licensed cemetery broker,
cemetery salesperson, cemetery manager, funeral director,
embalmer, crematorium licensee, or other person licensed to
provide services related to cemeteries and funerals has an
ownership interest as a member in the limited liability company,
the bureau shall suspend the limited liability company’s certificate
of authority. The bureau shall reinstate the certificate of authority
only upon finding that the licensed cemetery broker, cemetery
salesperson, cemetery manager, funeral director, embalmer,
crematorium licensee, or other person licensed to provide services
related to cemeteries and funerals has been divested of his or her
ownership interest in the limited liability company or has
voluntarily surrendered his or her license.

7613.6.  

The bureau may administer oaths and examine under
oath any person relative to the endowment care fund. The
examination shall be conducted in the principal office of the person
or body in charge of the endowment care fund and shall be private.

7613.7.  

If any examination made by the bureau, or any report
filed with it, shows that there has not been collected and deposited
in the endowment care funds the minimum amounts required by
the Health and Safety Code since September 19, 1939, the bureau
shall require a cemetery corporation to comply with Sections 8743
and 8744 of the Health and Safety Code.

7613.8.  

Whenever the bureau finds, after notice and hearing,
that any endowment care funds have been invested in violation of
the Health and Safety Code, it shall by written order mailed to the
person or body in charge of the fund require the reinvestment of
the funds in conformity to that code within a period which shall
be not less than two years if the investment was made prior to
October 1, 1949, not less than six months if the investment was
made on or after October 1, 1949, and before the effective date of
the amendment of this section by the 1969 Regular Session of the
Legislature, and not less than 30 days if the investment is made
on or after the effective date of the amendment. The period may
be extended by the bureau in its discretion.

7613.9.  

The superior court of the county in which the principal
office of the cemetery authority in charge of endowment care funds
is located shall, upon the filing by the bureau of a verified
application showing any of the following conditions hereinafter
enumerated to exist, issue its order vesting title to any endowment
care funds of a cemetery authority in the bureau, and directing the
bureau forthwith to take possession of all necessary books, records,
property, real and personal, and assets, and to conduct as
conservator, the management of such endowment care funds, or
so much thereof as to the bureau may seem appropriate:

(a) That the cemetery authority has refused to submit its books,
papers, accounts, or affairs to the reasonable examination of the
bureau.

(b) That the cemetery authority has neglected to observe an
order of the bureau to make good within the time prescribed by
law any deficiency in its investments of endowment care funds.

(c) That the cemetery authority is found, after an examination,
to be in such condition that its further management of its
endowment care funds will be hazardous to its members,
plotholders, or to the public.

(d) That the cemetery authority has violated its articles of
incorporation or any law of the state.

(e) That any officer, director, agent, begin delete servant end delete begin insert servant, end insert or employee
of the cemetery authority person refuses to be examined under
oath relative to the endowment care funds thereof.

(f) That any person has embezzled or otherwise wrongfully
diverted any of the endowment care funds of the cemetery
authority.

(g) The order shall continue in force and effect until, on the
application either of the bureau or of the cemetery authority, it
shall, after a full hearing, appear to the court that the ground for
the order does not exist or has been removed and that the cemetery
authority can properly resume title and possession of its property
and the management of its endowment care funds.

7613.10.  

When it has been alleged by verified petition pursuant
to Section 7613.1 or when the bureau on its own investigation
determines that there is probable cause to believe that any of the
conditions set forth in Section 7613.9 exist or that irreparable loss
and injury to the endowment care funds of a cemetery authority
has occurred or may occur unless the bureau so acts immediately,
the bureau, without notice and before applying to the court for any
order, may take possession of the endowment care funds and the
books, records, and accounts relating thereto of the cemetery
authority, and retain possession subject to the order of the court.
Any person having possession of and refusing to deliver any assets,
begin delete books end delete begin insert books, end insert or records of a cemetery authority against which a
seizure order has been issued by the bureau shall be guilty of a
misdemeanor and punishable by a fine not exceeding one thousand
dollars ($1,000) or imprisonment not exceeding one year, or by
both that fine and imprisonment.

7614.  

If any city, county, or city and county exercises its
authority to address public health, safety, or welfare issues in
connection with a cemetery within its jurisdiction and if the
certificate of authority of the cemetery has been revoked or
suspended or has not been renewed, and the bureau holds the
endowment care fund of the certificate of authority under applicable
provisions of this code, the costs of any action that constitutes
care, maintenance, or embellishment of the cemetery within the
meaning of Section 8726 of the Health and Safety Code shall be
eligible for reimbursement from available income from any
endowment care fund in existence for the cemetery. For purposes
of this section, local jurisdiction action may be based on charter,
ordinance, or inherent police powers. Any claim for money or
damages for an act or omission by the local jurisdiction acting in
accord with this section shall be subject to all otherwise applicable
immunities contained in Division 3.6 (commencing with Section
810) of Title 1 of the Government Code.

7614.1.  

Whenever the bureau makes any seizure as provided
in Section 7613.10, it shall, on demand of the bureau, be the duty
of the sheriff of any county of this state, and of the police
department of any municipal corporation therein, to furnish the
bureau with deputies, begin delete patrolmen end delete begin insert patrolmen, end insert or officers as may be
necessary to assist the bureau in making and enforcing that seizure.

7614.2.  

Immediately after effecting a seizure pursuant to
Section 7613.10, the bureau shall institute a proceeding as provided
for in Section 7613.9.

7614.3.  

Notwithstanding any other law, the bureau shall be the
custodian of all moneys collected or surrendered pursuant to
Sections 7613.9 and 7613.10. As custodian, the bureau may deposit
those moneys, or any part thereof, without court approval, in any
of the following: a bank or trust company legally authorized and
empowered by the state to act as a trustee in the handling of trust
funds; in a centralized State Treasury system bank account; or in
funds administered by the State Treasurer.

7614.4.  

The bureau shall maintain, regulate, operate, and
control the property situated in the County of Amador, referred to
as the Elkin Property in Judicial Council Coordination Proceedings
Nos. 1814 and 1817, Order Re Proposed Neptune Memorial,
Disposition of the Elkin Property, and Order Re Final Disposition
of Ashes of the Sacramento Superior Court, and legally described
as “Parcel 16-B as shown on the certain Record or Survey for
Eugene S. Lowrance, et ux, filed for record May 17, 1971, in Book
17 of Maps and Plats at page 87, Amador County begin delete Records”. end delete
begin insert Records. end insert begin insert ” end insert The bureau shall administer and supervise endowment
funds established by the court for the property. The bureau shall
exercise the authority granted by this section for the sole purpose
of protecting the human remains resting on the property and
preserving the property in its natural state.

7614.5.  

The bureau is authorized to bring action to enforce the
provisions of the law subject to its jurisdiction, in which actions
it shall be represented by the Attorney General.

7614.6.  

The bureau shall enforce and administer Part 1
(commencing with Section 8100), Part 3 (commencing with Section
8250), and Part 5 (commencing with Section 9501) of Division 8
of the Health and Safety Code.

7614.7.  

In any report to the bureau, all bonds, debentures, or
other evidences of debt held by a cemetery corporation if amply
secured and if not in default as to principal or interest may be
valued as follows:

(a) If purchased at par at the par value.

(b) If purchased above or below par on the basis of the purchase
price adjusted so as to bring the value to par at maturity and so as
to yield the effective rate of interest on the basis at which the
purchase was made.

(c) In such valuation, the purchase price shall in no case be
taken at a higher figure than the actual market value at the time of
purchase.

7614.8.  

Any security or other evidence of debt if in default as
to principal or interest or if not amply secured shall not be valued
as an asset of the endowment care fund above its market value.

7614.9.  

Notwithstanding any other law, every cemetery
authority shall present to the survivor of the deceased who is
handling the burial or cremation arrangements or the responsible
party a copy of any preneed agreement that has been signed and
paid in full, or in part, by or on behalf of the deceased and is in
the possession of the cemetery authority. The copy may be
presented in person, by certified mail, or by facsimile transmission,
as agreed upon by the survivor of the deceased or the responsible
party. A cemetery authority who knowingly fails to present the
preneed agreement to the survivor of the deceased or the
responsible party shall be liable for a civil fine equal to three times
the cost of the preneed agreement, or one thousand dollars ($1,000),
whichever is greater.

begin delete SEC. 12. end delete
begin insert SEC. 14. end insert   

Section 7619.2 of the Business and Professions Code
is repealed.

begin delete SEC. 13. end delete
begin insert SEC. 15. end insert   

Section 7620 of the Business and Professions Code
is repealed.

begin delete SEC. 14. end delete
begin insert SEC. 16. end insert   

Section 7621 of the Business and Professions Code
is repealed.

begin delete SEC. 15. end delete
begin insert SEC. 17. end insert   

Section 7622.2 of the Business and Professions Code
is amended to read:

7622.2.  

A person shall not open or maintain a place or
establishment at which to engage in or conduct, or hold himself,
herself, or itself out as engaging in or conducting, the activities of
a funeral director without a license.

begin delete SEC. 16. end delete
begin insert SEC. 18. end insert   

Article 2.5 (commencing with Section 7637) is added
to Chapter 12 of Division 3 of the Business and Professions Code,
to read:

 

Article 2.5.  Cemetery Brokerage Regulations

 

7637.  

This article does not apply to the following cases or to
the following persons:

(a) A person acting with reference to an occasional sale of his
or her own property.

(b) The regular officers of a cemetery corporation holding a
certificate of authority acting with reference to the corporation’s
property when they receive no special compensation therefor.

(c) Persons making an occasional sale under a duly executed
power of attorney from others.

(d) The services rendered by an attorney at law in performing
his or her duties in that capacity.

(e) A receiver, trustee in bankruptcy, any person acting under
orders of any court, or a trustee selling under a deed of trust.

(f) A real estate broker or real estate salesperson, acting in that
capacity in connection with the sale, lease, or exchange of real
property, or interest therein, when the transfer of cemetery property
is purely incidental to the sale, lease, or exchange of real property.

7637.1.  

A person shall not engage in the business of, act in the
capacity of, begin insert or end insert advertise or assume to act as, a cemetery broker or
cemetery salesperson in this state without first obtaining a license
from the bureau.

7637.2.  

Any act other than an occasional sale of buying or
selling, leasing, or exchanging cemetery property or interment
services of or for another or on his or her own account, or offering
for another or for his or her own account to buy or sell, lease, or
exchange cemetery property or interment services, or negotiating
the purchase or sale, lease, or exchange of cemetery property or
interment services, or negotiating the purchase or sale, lease, or
exchange, or listing or soliciting, or negotiating a loan on or leasing
of cemetery property or interment services constitutes the person
making such offer, sale or purchase, lease, or exchange, or
negotiating the loan, or listing or soliciting, a cemetery broker or
cemetery salesperson.

7637.3.  

A person engaged in the business or acting in the
capacity of a begin insert cemetery end insert broker or a begin insert cemetery end insert salesperson within
this state shall not bring or maintain any action in the courts of
this state for the collection of compensation for the performance
of any of the acts mentioned in this article without alleging and
proving that he or she was a duly licensed cemetery broker or
cemetery salesperson at the time the alleged cause of action arose.

7637.4.  

(a) A cemetery broker shall not employ or compensate,
directly or indirectly, any person for performing any of the acts
within the scope of this article who is not a licensed cemetery
broker, or a cemetery salesperson licensed under the cemetery
broker employing or compensating him or her. A cemetery
salesperson shall not be employed by or accept compensation from
any person other than the cemetery broker under whom he or she
is at the time licensed.

(b) A salesperson shall not pay any compensation for performing
any of the acts within the scope of this article to any licensee except
through the cemetery broker under whom he or she is at the time
licensed.

(c) For a violation of any of the provisions of this section, the
bureau may temporarily suspend or permanently revoke the license
of the cemetery licensee in accordance with the provisions of this
act relating to disciplinary proceedings.

7637.5.  

(a) It is a misdemeanor, punishable by a fine not
exceeding one hundred dollars ($100) for each offense, for any
person, whether obligor, escrowholder, or otherwise, to pay or
deliver to anyone a compensation for performing any of the acts
within the scope of this article who is not known to be or who does
not present evidence to such payer that he or she is a licensed
cemetery broker at the time compensation is earned.

(b) For violation of any of the provisions of this section, the
bureau may temporarily suspend or permanently revoke the license
of the cemetery licensee in accordance with the provisions of this
act relating to disciplinary proceedings.

7637.6.  

Any person acting as a cemetery broker or cemetery
salesperson without a license, or who advertises so as to indicate
he or she is a cemetery broker without being so licensed, is guilty
of a misdemeanor. If that person is a corporation, it shall be
punished by a fine begin delete of end delete not to exceed five thousand dollars ($5,000).

7637.7.  

(a) Any cemetery salesperson or cemetery broker who
sells, causes to be sold, or offers for sale any cemetery property
upon the promise, guarantee, or representation to the purchaser
that the same may be resold or repurchased at a financial profit is
guilty of a misdemeanor.

(b) For violation of any of the provisions of this section, the
bureau may temporarily suspend or permanently revoke the license
of the cemetery salesperson or cemetery broker in accordance with
the provisions of this act relating to disciplinary proceedings.

(c) No violation of any of the provisions of this section by any
cemetery salesperson or employee of any licensed cemetery broker
shall cause the suspension or revocation of the license of the
employer of the salesperson or employee unless it appears upon a
hearing by the bureau that the employer had guilty knowledge of
the violation.

7637.8.  

Every officer, agent, or employee of any company,
and every other person who knowingly authorizes, directs, or aids
in the publication, advertisement, distribution, or begin delete circularization end delete
begin insert circulation end insert of any false statement or representation concerning
any cemetery or cemetery brokerage business and every person
who, with knowledge that any advertisement, pamphlet, prospectus,
or letter concerning any cemetery brokerage business or any written
statement that is false or fraudulent, issues, circulates, publishes,
or distributes the same, or causes it to be issued, circulated,
published, or distributed, or who in any other respect willfully
violates or fails, omits, or neglects to obey, observe, or comply
with any order, permit, decision, demand, or requirement of the
bureau under the provisions of this act relating to cemetery
brokerage, is guilty of a misdemeanor, and, if a cemetery licensee,
he or she shall be held to trial by the bureau for a suspension or
revocation of begin delete this end delete begin insert his or her end insert cemetery license, as provided in the
provisions of this act relating to disciplinary proceedings.

7637.9.  

Each cemetery broker, other than a cemetery
corporation holding a certificate of authority, and each cemetery
salesperson shall include in any advertising a statement that he or
she is acting as a cemetery broker or cemetery salesperson.

7637.10.  

For violation of any of the provisions of Section
7637.9, the bureau may temporarily suspend or permanently revoke
the license of the cemetery licensee in accordance with the
provisions of this act relating to disciplinary proceedings.

7638.  

Any person, other than a person making an occasional
sale, who advertises cemetery property for sale or exchange,
without being duly licensed as a cemetery broker or a cemetery
salesperson, or without possessing a certificate of authority as a
cemetery corporation, is guilty of a misdemeanor. If such person
is a corporation, it shall be punished by a fine of not to exceed five
thousand dollars ($5,000).

begin delete SEC. 17. end delete
begin insert SEC. 19. end insert   

Article 3.5 (commencing with Section 7651) is added
to Chapter 12 of Division 3 of the Business and Professions Code,
to read:

 

Article 3.5.  Licenses and Certificates of Authority

 

7651.  

Application for license as a cemetery broker shall be
made in writing on the 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.

7651.1.  

The bureau shall not grant an original cemetery
broker’s license to any person who is not a resident of this state.
Change of residence to another state shall terminate the license.

7651.2.  

The bureau shall not grant an original cemetery
broker’s license to any person who has not held a cemetery
salesperson’s license for at least two years prior to the date of his
or her application for the broker’s license, and during that time
was not actively engaged in the business of a cemetery salesperson
except that if an applicant for a cemetery broker’s license having
at least the equivalent of two years’ general cemetery experience
files a written petition with the bureau setting forth his or her
qualifications and experience and the bureau approves, he or she
may be issued a cemetery broker’s license immediately upon
passing the appropriate examinations and satisfying the other
requirements of this article.

7651.3.  

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

7651.4.  

Notwithstanding any other provision of this chapter,
Section 7651.7 does not apply to an applicant for a cemetery
salesperson’s license.

7651.5.  

The bureau shall investigate the qualifications of the
applicants. Except as otherwise prescribed in this article, it may
issue the license applied for to an applicant on a showing
satisfactory to it that the following facts exist:

(a) The applicant is properly qualified to perform the duties of
a cemetery broker or salesperson.

(b) Granting the license will not be against public interest.

(c) The applicant intends actively and in good faith to carry on
the business of a cemetery broker or a cemetery salesperson.

(d) In the case of a corporate applicant, the articles of
incorporation permit it to act as a cemetery broker.

(e) In the case of an association or copartnership applying for
such a license, its articles of association or agreement of partnership
authorize it to act as a cemetery broker.

(f) The license is not being secured for the purpose of permitting
the applicant to advertise as a cemetery broker or salesperson
without actually engaging in such business.

(g) The applicant has not committed acts or crimes constituting
grounds for denial of licensure under Section 480.

7651.6.  

All cemetery brokers who do not possess a certificate
of authority shall, in addition to the requirements of this chapter,
file with the bureau a satisfactory bond to the people of the State
of California, duly executed by a sufficient surety or sureties to
be approved by the bureau, in the amount of ten thousand dollars
($10,000). That bond shall be conditioned for the honest and
faithful performance by such broker and his or her salespersons
and employees of any undertaking as a licensed cemetery broker
or salesperson or employee of said broker at any time when
licensed under this chapter, and the strict compliance with the
provisions of this chapter and of Division 8 (commencing with
Section 8100) of the Health and Safety Code, relating to cemeteries,
and the honest and faithful application of all funds received. That
bond shall be further conditioned upon the payment of all damages
suffered by any person damaged or defrauded by reason of the
violation of any of the provisions of this chapter or of Division 8
(commencing with Section 8100) of the Health and Safety Code
relating to cemeteries, or by reason of the violation of the obligation
of such broker as an agent, as such obligations are laid down by
the Civil Code, or by reason of any fraud connected with or
growing out of any transactions contemplated by this chapter or
Division 8 (commencing with Section 8100) of the Health and
Safety Code.

7651.7.  

The bureau shall ascertain by written examination that
the applicant, and, in case of a copartnership or corporation
applicant for a cemetery broker’s license, that each officer, begin delete agent end delete
begin insert agent, end insert or member thereof through whom it proposes to act as a
cemetery licensee has:

(a) Appropriate knowledge of the English language, including
reading, begin delete writing end delete begin insert writing, end insert and spelling, and of elementary arithmetic.

(b) A fair understanding of:

(1) Cemetery associations, cemetery corporations, and duties
of directors.

(2) Plot ownership, deeds, certificates of ownership, contracts
of sale, liens, and leases.

(3) Establishing, dedicating, maintaining, managing, operating,
improving, and conducting a cemetery.

(4) The care, preservation, and embellishment of cemetery
property.

(5) The care and preservation of endowment care funds, trust
funds, and the investment thereof.

(c) A general and fair understanding of the obligations between
principal and agent, of the principles of cemetery brokerage
practice and the business ethics pertaining thereto, as well as of
the provisions of this act relating to cemetery brokerage.

7651.8.  

The bureau may, in its discretion, waive the
examination of any applicant for a cemetery broker’s license who
held an unrevoked or unsuspended cemetery license on June 30
of the preceding fiscal year as an individual broker, an officer of
a corporation, or member of a copartnership.

7651.9.  

An application on the form prescribed by the bureau
for the renewal of any unrevoked and unsuspended license filed
before midnight of June 30 of the year for which such unrevoked
and unsuspended license was issued, accompanied by the
applicable renewal fee, entitles the applicant to continue operating
under his or her existing license after its usual expiration date, if
not previously suspended or revoked, and until such date as he or
she is notified in writing that the application has been granted or
denied.

7651.10.  

A cemetery license does not give authority to do any
act specified in this act to any person other than the person to whom
the license is issued.

7652.  

When a cemetery brokerage license is issued to a
cemetery brokerage corporation, if it desires any of its officers
other than the officer through whom it is already licensed to act
under its license as a cemetery broker, it shall procure an additional
license for each such officer. When a cemetery brokerage license
is granted to cemetery brokerage copartnership, if it desires any
of its members other than the one through whom it is already
licensed to act as a cemetery broker, it shall procure an additional
license for each such member.

7652.1.  

Each officer of a corporation through whom it is
licensed to act as a cemetery broker, and each member of a
copartnership through whom it is licensed to act as a cemetery
broker, is, while so employed under such license, a licensed
cemetery broker, but licensed only to act as such for and on behalf
of the corporation or the copartnership, as officer or member,
respectively.

7652.2.  

The cemetery licenses of both broker and salesperson
shall be prominently displayed in the office of the broker.

The cemetery salesperson’s license shall remain in the possession
of the licensed cemetery broker employer until canceled or until
the salesperson leaves the employ of the broker.

7652.3.  

Immediately upon the salesperson’s withdrawal from
the employ of the broker, the broker shall return the salesperson’s
license to the bureau for cancellation. A license canceled but not
suspended or revoked may be reinstated within the fiscal year upon
receipt of application therefor and the fee for the reinstatement of
the license.

7652.4.  

(a) Every licensed cemetery broker shall have and
maintain a definite place of business in this state which shall serve
as his or her office for the transaction of business.

(b) No cemetery license authorizes the licensee to do business
except from the location for which the cemetery license was issued.

(c) Notice in writing shall be given the bureau of change of
business location of a cemetery broker, whereupon the bureau shall
issue a new cemetery license for the unexpired period. The change
or abandonment of business location without notification to the
bureau shall automatically cancel the license theretofore issued.

7652.5.  

(a) If the applicant for a cemetery broker’s license
maintains more than one place of business within the state, he or
she shall apply for and procure an additional license for each branch
office so maintained. Every such application shall state the name
of the person and the location of the place of business for which
such license is desired.

(b) The bureau may determine whether or not a broker is doing
a cemetery brokerage business at or from any particular location
which requires him or her to have a branch office license.

7652.6.  

Each cemetery broker shall erect and maintain a sign
in a conspicuous place on the premises to indicate that he or she
is a licensed cemetery broker and his or her name shall be clearly
shown thereon. The size and place of the sign shall conform to
regulations that may be adopted by the bureau.

7652.7.  

For a violation of any of the provisions of Sections
7652.2, 7652.3, 7652.4, and 7652.6, the bureau may temporarily
suspend or permanently revoke the license of the cemetery licensee
in accordance with the provisions of this act relating to disciplinary
proceedings.

7652.8.  

Application for a certificate of authority shall be made
in writing on the form prescribed by the bureau and filed at the
principal office of the bureau. The application shall be accompanied
by the fee provided for in this act and shall show that the cemetery
authority owns or is actively operating a cemetery in this state
which is subject to the provisions of the act or that the applicant
is in a position to commence operating a cemetery.

7652.9.  

Each cemetery for which a certificate of authority is
required shall be operated under the supervision of a manager who
is qualified in accordance with the regulations adopted by the
bureau. Each cemetery manager shall be required to successfully
pass a written examination evidencing an understanding of the
applicable provisions of this code and of the Health and Safety
Code. A person shall not engage in the business of, act in the
capacity of, or advertise or assume to act as, a cemetery manager
without first obtaining a license from the bureau.

7652.10.  

The bureau may require such proof as it deems
advisable concerning the compliance by such applicant to all the
laws, rules, regulations, ordinances and orders applicable.

begin insert

begin insert 7653. end insert   

(a) The bureau shall adopt, and may from time to time
amend, rules and regulations prescribing standards of knowledge
and experience and financial responsibility for applicants for
certificates of authority. In reviewing an application for a
certificate of authority, the bureau may consider acts of
incorporators, officers, directors, and stockholders of the applicant,
which shall constitute grounds for the denial of a certificate of
authority under Division 1.5 (commencing with Section 475).

(b) Upon receipt of an application for a certificate of authority,
the bureau may cause an investigation to be made of the physical
status, plans, specifications, and financing of the proposed
cemetery, and any other qualifications required of the applicant
under this act, and for this purpose may subpoena witnesses,
administer oaths, and take testimony.

(c) At the time of the filing of the application required by this
section, the applicant shall pay to the Cemetery Fund the sum fixed
by the bureau at not in excess of four hundred dollars ($400) to
defray the expenses of investigation. In the event the sum shall be
insufficient to defray all of the expenses, the applicant shall within
five days after request therefor deposit an additional sum sufficient
to defray such expenses, provided that the total sum shall not
exceed nine hundred dollars ($900).

(d) This section shall remain in effect only until July 1, 2016,
and as of that date is repealed, unless a later enacted statute, that
is enacted before July 1, 2016, deletes or extends that date.

end insert

7653.  

(a) The bureau shall adopt, and may from time to time
amend, rules and regulations prescribing standards of knowledge
and experience and financial responsibility for applicants for
certificates of authority. In reviewing an application for a certificate
of authority, the bureau may consider acts of incorporators, officers,
directors, and stockholders of the applicant, which shall constitute
grounds for the denial of a certificate of authority under Division
1.5 (commencing with Section 475).

(b) Upon receipt of an application for a certificate of authority,
the bureau may cause an investigation to be made of the physical
status, plans, begin delete specifications end delete begin insert specifications, end insert and financing of the
proposed cemetery, and any other qualifications required of the
applicant under this act, and for this purpose may subpoena
witnesses, administer oaths, and take testimony.

(c) At the time of the filing of the application required by this
section, the applicant shall pay to the Cemetery and Funeral Fund
the sum fixed by the bureau at not in excess of four hundred dollars
($400) to defray the expenses of investigation. In the event the
sum shall be insufficient to defray all of the expenses, the applicant
shall, within five days after request, deposit an additional sum
sufficient to defray those expenses, provided that the total sum
shall not exceed begin delete the sum of end delete nine hundred dollars ($900).

begin insert

(d) This section shall become operative on July 1, 2016.

end insert

7653.1.  

(a) The bureau may, in accordance with its rules and
regulations, authorize interments in cemeteries for which there is
no currently valid certificate of authority outstanding if the bureau
finds that rights to interment therein will otherwise be impaired.
However, nothing in this section authorizes sales of lots, vaults,
or niches by cemeteries for which there is no currently valid
certificate of authority. Interments permitted under this section
shall be conducted by persons authorized by the bureau in
accordance with its regulations, and Section 7731.2 shall not be
applicable to such interments.

(b) The bureau or its representative shall be entitled to inspect
and copy any cemetery records necessary to the performance of
interments under this section, and any person having custody of
those records shall permit inspection and copying thereof for that
purpose. The bureau may apply to the superior court for the county
in which the cemetery is located for an order temporarily
transferring custody of cemetery records to it for purposes of this
section.

7653.2.  

The bureau shall inspect the books, records, and
premises of any crematory licensed under this chapter. In making
those inspections, the bureau shall have access to all books and
records, the crematory building, the cremation chambers or
furnaces, and the storage areas for human remains before and after
cremation, during regular office hours or the hours the crematory
is in operation. No prior notification of the inspection is required
to be given to the crematory licensee. If any crematory licensee
fails to allow that inspection or any part thereof, it shall be grounds
for the suspension or revocation of a license or other disciplinary
action against the licensee. All proceedings under this section shall
be conducted in accordance with the provisions of this chapter
relating to disciplinary proceedings.

7653.3.  

The bureau shall annually conduct a minimum of one
unannounced inspection of each licensed crematory.

7653.4.  

The bureau shall inspect the books, records, and
premises of any cemetery where a certificate of authority is
required under this chapter. In making the inspections, the bureau
shall have access to all books and records, buildings, mausoleums,
columbariums, storage areas, including storage areas for human
remains, during regular office hours or the hours the cemetery is
in operation. No prior notification of the inspection is required to
be given to the holder of the certificate of authority. If any
certificate holder fails to allow the inspection or any part thereof,
disciplinary begin delete action end delete begin insert action, end insert including, but not limited to, revocation
or suspension may be taken against the certificate of authority. All
disciplinary proceedings shall be conducted in accordance with
this chapter.

7653.5.  

The bureau shall annually conduct a minimum of one
unannounced inspection of each cemetery for which a certificate
of authority is required.

7653.6.  

A cemetery licensed under this chapter shall at all times
employ a licensed cemetery manager to manage, supervise, and
direct its operations. Notwithstanding any other provision of this
chapter, licensed cemeteries within close geographical proximity
of each other may request the bureau to allow a licensed cemetery
manager to manage, supervise, and direct the business or profession
of more than one facility.

(a) Every cemetery shall designate a licensed cemetery manager
to manage the cemetery, and shall report the designation to the
bureau within 10 days of the effective date. Any change in the
designated manager shall be reported to the bureau within 10 days.

(b) The designated cemetery manager shall be responsible for
exercising direct supervision and control over the operations,
employees, and agents of the cemetery as is necessary to ensure
full compliance with the applicable provisions of this code, the
Health and Safety Code, and any regulations adopted thereto.
Failure of the designated cemetery manager or the licensed
cemetery to exercise that supervision or control shall constitute a
ground for disciplinary action.

(c) A cemetery may employ, in addition to the designated
cemetery manager, additional licensed cemetery managers.
However, only one licensed cemetery manager may be appointed
as the designated cemetery manager of the cemetery.

7653.7.  

(a) Application for a cemetery manager license shall
be made in writing on the form provided by the bureau, verified
by the applicant, and filed at the principal office of the bureau.
The application shall be accompanied by the fee fixed by this
chapter.

(b) The applicant for a cemetery manager license shall be at
least 18 years of age, possess a high school diploma or its
equivalent, shall not have committed acts or crimes constituting
grounds for denial of licensure under Section 480, shall
demonstrate compliance with the training and experience
requirements established by the bureau, and shall be a resident of
this state.

(c) The bureau shall grant a cemetery manager license to any
applicant who meets the requirements of this chapter and who has
successfully passed the cemetery manager examination
administered by the bureau.

7653.8.  

(a) A person shall not engage in or conduct, or hold
himself or herself out as engaging in or conducting, the activities
of a cemetery manager without holding a valid, unexpired cemetery
manager license issued by the bureau.

(b) A licensed cemetery manager shall not engage in or conduct,
or hold himself or herself out as engaging in or conducting, the
activities of a cemetery manager without being employed by, or
without being a corporate officer of a licensed cemetery.

7653.9.  

(a) Notwithstanding any other law, based upon a
finding by a court of competent jurisdiction that a cemetery
manager of a private cemetery has ceased to perform his or her
duties, as described in subdivision (a) of Section 7611.4, due to a
lapse, suspension, surrender, abandonment, or revocation of his
or her license, the court may appoint a temporary manager to
manage the cemetery property and to service the prepaid interments
of the private cemetery. The court shall appoint a licensed cemetery
manager as the temporary manager.

(b) The appointed temporary manager shall have the same
powers over the care and maintenance of the private cemetery as
a licensed cemetery manager, as described in subdivision (a) of
Section 7611.4. The temporary manager shall serve for a limited
term not to exceed six months, or until a new licensed manager
has been hired, at which time the court shall terminate the
appointment of 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.
In exercising its discretion pursuant to this subdivision, the court
shall give due consideration to the ability of the cemetery income
to otherwise pay for care and maintenance of the cemetery.

begin delete SEC. 18. end delete
begin insert SEC. 20. end insert   

Article 4.5 (commencing with Section 7672) is added
to Chapter 12 of Division 3 of the Business and Professions Code,
to read:

 

Article 4.5.  Cremated Remains Disposer

 

7672.  

A person shall not dispose of or offer to dispose of any
cremated human remains unless registered as a cremated remains
disposer by the bureau. This article shall not apply to any person,
partnership, or corporation holding a certificate of authority as a
cemetery, crematory license, cemetery broker’s license, cemetery
salesperson’s license, or funeral director’s license, nor shall this
article apply to any person having the right to control the
disposition of the cremated remains of any person or that person’s
designee if the person does not dispose of or offer to dispose of
more than 10 cremated human remains within any calendar year.

7672.1.  

(a) Registration shall be on the form prescribed by the
bureau and shall include, but not be limited to, the full name of
the registrant, business and residence addresses, description and
identification of aircraft or boats which may be used in dispensing
cremated human remains, and the area to be served. Each
registration application shall be accompanied by the cremated
remains disposer fee.

(b) Every registered cremated remains disposer who dispenses
human remains by air shall post a copy of his or her current pilot’s
license, and the address of the cremated remains storage area at
his or her place of business. Every registered cremated remains
disposer who dispenses human remains by boat shall post a copy
of his or her current boating license and the address of the cremated
remains storage area at his or her place of business.

7672.2.  

The bureau shall prepare and deliver to each registered
cremated remains disposer a booklet that includes, but is not limited
to, the following information: details about the registration and
renewal requirements for cremated remains disposers; requirements
for obtaining state permits to dispose of cremated human remains;
state storage requirements, if any; statutory duties pursuant to this
article, and other applicable state laws.

7672.3.  

All aircraft used for the scattering of cremated human
remains shall be validly certified by the Federal Aviation
Administration. All boats or vessels used for the scattering of
cremated human remains shall be registered with the Department
of Motor Vehicles or documented by a federal agency, as
appropriate. The certification or registration shall be available for
inspection by the bureau.

7672.4.  

A cremated remains disposer who scatters any cremated
human remains without specific written instructions from the
person having the right to control the disposition of the remains
or who scatters any remains in a manner not in accordance with
those instructions shall be subject to disciplinary action.

7672.5.  

Each cremated remains disposer shall provide the
person with the right to control the disposition of the remains under
Section 7100 of the Health and Safety Code with a copy of the
completed permit for disposition of human remains pursuant to
Chapter 8 (commencing with Section 103050) of Part 1 of Division
102 of the Health and Safety Code within 30 days of the date of
the scattering.

7672.6.  

(a) Every cremated remains disposer shall do both of
the following:

(1) Dispose of cremated remains within 60 days of the receipt
of those remains, unless a written signed reason for a delay is
presented to the person with the right to control the disposition of
the remains under Section 7100 of the Health and Safety Code.

(2) Provide the bureau with the address and telephone number
of any storage facility being used by the registrant to store cremated
remains. Cremated remains shall be stored in a place free from
exposure to the elements, and shall be responsibly maintained until
disposal. The bureau and its representatives shall conduct, on an
annual basis, random inspections of the operations of 5 to 10
percent of the registered cremated remains disposers, and is
authorized to inspect any place used by a cremated remains
disposer for the storage of cremated remains without notice to the
cremated remains disposer.

(b) A violation of the requirements of this section is grounds
for disciplinary action.

7672.7.  

(a) Each cremated remains disposer shall file, and
thereafter maintain an updated copy of, an annual report on a form
prescribed by the bureau. The report shall include, but not be
limited to, the names of the deceased persons whose cremated
remains were disposed of, the dates of receipt of the cremated
remains, the names and addresses of the persons who authorized
disposal of those remains, the dates and locations of disposal of
those remains, and the means and manner of disposition. The report
shall cover the fiscal year ending on June 30 and shall be filed
with the bureau no later than September 30 of each year.

(b) Any cremated remains disposer that makes a willful and
material false statement regarding the disposal of cremated remains
in the annual report filed or updated pursuant to subdivision (a)
shall be subject to disciplinary action.

(c) Any cremated remains disposer that makes a willful and
material false statement in the annual report filed or updated
pursuant to subdivision (a) shall be guilty of a misdemeanor.

7672.8.  

All cremated remains disposer registrations shall expire
at begin delete 12 end delete midnight on September 30 of each year. A person desiring
to renew his or her registration shall file an application for renewal
on a form prescribed by the bureau accompanied by the required
fee. A registration that has expired may be renewed within five
years of its expiration upon payment of all accrued and unpaid
renewal fees. The bureau shall not renew the registration of any
person who has not filed the required annual report until he or she
has filed a complete annual report with the department.

7672.9.  

If a person fails to apply for renewal of his or her
cremated remains disposer registration prior to midnight of
September 30 of the year for which the registration was issued, no
renewal shall be issued except upon payment of the delinquent
renewal fee required under Section 7729.2.

7672.10.  

Any person who scatters cremated human remains
without a valid registration and who is not otherwise exempt from
this article shall be guilty of a misdemeanor. The remains of each
person scattered shall constitute a separate violation.

7673.  

Any person who scatters any cremated human remains
without specific written instructions from the person having the
right to control the disposition of the remains or who scatters any
remains in a manner not in accordance with those instructions shall
be guilty of a misdemeanor.

7673.1.  

Any cremated remains disposer who stores cremated
remains in a reckless manner that results in either of the following
is guilty of a public offense punishable by imprisonment in a
county jail not exceeding one year or by a fine not to exceed five
thousand dollars ($5,000), or by both that fine and imprisonment:

(a) Loss of all or part of the cremated remains.

(b) Inability to individually identify the cremated remains.

7673.2.  

A cremated remains disposer shall be subject to and
shall be disciplined by the bureau in accordance with Article 6
(commencing with Section 7686). Any violation of this article
shall also be grounds for disciplinary action.

begin delete SEC. 19. end delete
begin insert SEC. 21. end insert   

Section 7685.3 of the Business and Professions Code
is amended to read:

7685.3.  

The current address, telephone number, and name of
the Department of Consumer Affairs, Cemetery and Funeral Bureau
shall appear on the first page of any contract for goods and services
offered by a licensee. At a minimum, the information shall be in
8-point boldface type and make this statement:

“FOR MORE INFORMATION ON FUNERAL, CEMETERY,
AND CREMATION MATTERS, CONTACT: DEPARTMENT
OF CONSUMER AFFAIRS, CEMETERY AND FUNERAL
BUREAU (ADDRESS), (TELEPHONE NUMBER).”

begin delete SEC. 20. end delete
begin insert SEC. 22. end insert   

Section 7685.5 of the Business and Professions Code
is amended to read:

7685.5.  

(a) The bureau shall make available to funeral
establishments and cemetery authorities a copy of a consumer
guide for funeral and cemetery purchases for purposes of
reproduction and distribution. The funeral and cemetery guide that
is approved by the bureau, in consultation with the funeral and
cemetery industries and any other interested parties, shall be made
available in printed form and electronically through the Internet.

(b) A licensee shall prominently display and make available to
any individual who, in person, inquires about funeral or cemetery
purchases, a copy of the consumer guide for funeral and cemetery
purchases, reproduced as specified in subdivision (a).

(c) Prior to the drafting of a contract for services, the licensee
shall provide, for retention, the consumer with a copy of the
consumer guide for funeral and cemetery purchases described in
subdivisions (a) and (b).

begin delete SEC. 21. end delete
begin insert SEC. 23. end insert   

Section begin delete 7700.1 end delete begin insert 7711.1 end insert is added to the Business and
Professions Code, to read:

begin delete 7700.1. end delete
begin insert 7711.1. end insert   

Unprofessional conduct by any licensee or registrant
or by any agent or employee of a licensee or registrant constitutes
grounds for disciplinary action. Unprofessional conduct includes,
but is not limited to, the following:

(a) Violating or attempting to violate, directly or indirectly, or
assisting in or abetting the violation of this chapter and any
regulation adopted thereunder, or of any federal or state law or
regulation governing the disposition of human remains, operation
of cemeteries or crematories, the sale of cemetery property, or the
sale of crematory services or commodities.

(b) Negligence in performing any act related to the operation
of a cemetery or crematory.

begin delete SEC. 22. end delete
begin insert SEC. 24. end insert   

Section 7711.2 is added to the Business and
Professions Code, to read:

7711.2.  

The bureau may, upon its own motion, and shall, upon
the verified complaint in writing of any person, investigate the
actions of any person engaged in the business or acting in the
capacity of a cemetery licensee, and may temporarily suspend or
permanently revoke a license at any time where the licensee, within
the immediately preceding three years, while a cemetery licensee
in performing or attempting to perform any of the acts specified
in this act, has been guilty of any of the following:

(a) Making any substantial misrepresentation.

(b) Making any false statement of a character likely to influence
or persuade.

(c) A continued and flagrant course of misrepresentation or
making of false promises through cemetery agents or salespersons.

(d) Acting for more than one party in a transaction without the
knowledge or consent of all parties thereto.

(e) Commingling the money or other property of his or her
principal with his or her own.

(f) The practice of claiming or demanding a fee, begin delete compensation end delete
begin insert compensation, end insert or commission under any exclusive agreement
authorizing or employing a licensee to sell, buy, or exchange
cemetery property for compensation or commission where such
agreement does not contain a definite, specified date of final and
complete termination.

(g) The claiming or taking by a licensee of any secret or
undisclosed amount of compensation, commission, or profit or the
failure of a licensee to reveal to the employer of such licensee the
full amount of such licensee’s compensation, commission, or profit
under any agreement authorizing or employing such licensee to
sell, buy, or exchange cemetery property for compensation or
commission prior to or coincident with the signing of such
agreement evidencing the meeting of the minds of the contracting
parties, regardless of the form of such agreement, whether
evidenced by documents in an escrow or by any other or different
procedure.

(h) The use by a licensee of any provision allowing the licensee
an option to purchase in an agreement authorizing or employing
such licensee to sell, buy, or exchange cemetery property for
compensation or commission, except when such licensee prior to
or coincident with election to exercise such option to purchase
reveals in writing to the employer the full amount of begin insert the end insert licensee’s
profit and obtains the written consent of the employer approving
the amount of such profit.

(i) Any other conduct, whether of the same or a different
character than specified in this section, which constitutes fraud or
dishonest dealing.

(j) The misrepresentations and false statements mentioned in
this section begin delete include also end delete begin insert also include end insert misrepresentation and false
statements as to other property than that which the cemetery
licensee may be selling or attempting to sell.

begin delete SEC. 23. end delete
begin insert SEC. 25. end insert   

Section 7711.3 is added to the Business and
Professions Code, to read:

7711.3.  

The bureau may suspend or revoke the license of any
cemetery licensee who, within the immediately preceding three
years, has done any of the following:

(a) Been convicted of a crime substantially related to the
qualifications, functions, and duties of such licensee. The record
of conviction, or a certified copy thereof, shall be conclusive
evidence of such conviction.

(b) Knowingly authorized, directed, connived begin delete at end delete begin insert at, end insert or aided in
the publication, advertisement, distribution, or circulation of any
material false statement or representation concerning his or her
business or any cemetery property offered for sale.

(c) Willfully disregarded or violated any of the provisions of
this act relating to cemetery brokerage.

(d) Acted or conducted himself or herself in a manner which
would have warranted the denial of his or her application for a
cemetery license, or for a renewal thereof.

begin delete SEC. 24. end delete
begin insert SEC. 26. end insert   

Section 7711.4 is added to the Business and
Professions Code, to read:

7711.4.  

When any salesperson is discharged by his or her
employer for a violation of any of the provisions of this article
prescribing a ground for disciplinary action, a verified written
statement of the facts with reference thereto shall be filed forthwith
with the bureau by the employer and, if the employer fails to notify
the bureau as required by this section, the bureau may temporarily
suspend or permanently revoke the cemetery license of the
employer in accordance with the provisions of this act.

begin delete SEC. 25. end delete
begin insert SEC. 27. end insert   

Section 7711.5 is added to the Business and
Professions Code, to read:

7711.5.  

The bureau may deny, suspend, or revoke the cemetery
license of a corporation as to any officer or agent acting under its
cemetery license, and the cemetery license of a copartnership as
to any member acting under its cemetery license, without revoking
the cemetery license of the corporation or of the copartnership.

begin delete SEC. 26. end delete
begin insert SEC. 28. end insert   

Section 7711.6 is added to the Business and
Professions Code, to read:

7711.6.  

The fees for cemetery licenses at all periods of the
fiscal year is the same as provided in this article. All cemetery
license fees are payable in advance of issuing the licenses and at
the time of filing the application. All licenses shall be issued for
the fiscal year and shall expire on June 30 of each fiscal year at
midnight.

begin delete SEC. 27. end delete
begin insert SEC. 29. end insert   

Section 7711.7 is added to the Business and
Professions Code, to read:

7711.7.  

(a) If a person fails to apply for a license renewal, no
renewal license shall be issued except upon payment of the
delinquent renewal fee required under Section 7729.2.

(b) A person who fails to renew his or her license within one
year of the expiration date shall not engage in any of the activities
authorized by a license unless he or she first files the application
required for an original license, pays the original license fee, and
otherwise complies with all of the provisions of this act pertaining
to the issuance of an original license.

begin delete SEC. 28. end delete
begin insert SEC. 30. end insert   

Section 7711.8 is added to the Business and
Professions Code, to read:

7711.8.  

The definitions contained in this article are solely for
the purposes of this article.

begin delete SEC. 29. end delete
begin insert SEC. 31. end insert   

Section 7711.9 is added to the Business and
Professions Code, to read:

7711.9.  

An original cemetery broker’s license is a cemetery
license issued to a person who did not have a cemetery broker’s
license on June 30 of the fiscal year previous to the fiscal year for
which the license is issued.

begin delete SEC. 30. end delete
begin insert SEC. 32. end insert   

Section 7711.10 is added to the Business and
Professions Code, to read:

7711.10.  

A renewal cemetery broker’s license is a cemetery
license issued to a person who had a cemetery broker’s license
unrevoked and unsuspended on June 30 of the fiscal year previous
to the fiscal year for which the renewal cemetery license is issued.

begin delete SEC. 31. end delete
begin insert SEC. 33. end insert   

Section 7711.11 is added to the Business and
Professions Code, to read:

7711.11.  

An original cemetery salesperson’s license is a
cemetery license issued to a person who did not have a cemetery
salesperson’s or a broker’s license either individually or as an
officer of a corporation, or as a member of a copartnership, on
June 30 of the fiscal year previous to the fiscal year for which the
salesperson’s license is issued.

begin delete SEC. 32. end delete
begin insert SEC. 34. end insert   

Section 7711.12 is added to the Business and
Professions Code, to read:

7711.12.  

A renewal cemetery salesperson’s license is a
cemetery license issued to a person who had a cemetery
salesperson’s or a broker’s license either individually or as an
officer of a corporation, or as a member of a copartnership, on
June 30 of the fiscal year previous to the fiscal year for which the
salesperson’s license is issued.

begin delete SEC. 33. end delete
begin insert SEC. 35. end insert   

Article 6.5 (commencing with Section 7712) is added
to Chapter 12 of Division 3 of the Business and Professions Code,
to read:

 

Article 6.5.  Crematories

 

7712.  

A crematory established, operated, or maintained, may
be operated by a corporation, partnership, or natural person,
provided that a valid crematory license shall have been issued by
the bureau.

7712.1.  

Any change in the ownership of a crematory shall be
reported to the bureau. 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 a change of ownership in a crematory occurs,
the existing crematory license shall lapse and the new owner shall
obtain a new license from the bureau as otherwise provided in this
act. 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.

7712.2.  

Application for a crematory license shall be made in
writing on the form prescribed by the bureau and filed at the
principal office of the bureau. The application shall be accompanied
by the fee provided for in this article and shall show that the
applicant owns or is actively operating a crematory in this state or
that the applicant is in a position to commence operating such a
crematory.

7712.3.  

The provisions of Article 5 (commencing with Section
8341) of Chapter 2 of Part 3 of Division 8 of the Health and Safety
Code shall apply to crematories licensed under this chapter.

7712.4.  

The bureau may require such proof as it deems
advisable concerning the compliance by such applicant with all
the laws, rules, regulations, ordinances, and orders applicable to
the applicant and shall not issue such crematory license until it has
satisfied itself that the public interest will be served by such
applicant.

begin insert

begin insert 7712.5. end insert   

(a) The bureau shall adopt, and may from time to time
amend, rules and regulations prescribing standards of knowledge
and experience and financial responsibility for applicants for a
crematory license. In reviewing an application for a crematory
license, the bureau may consider acts of the applicant, including
acts of incorporators, officers, directors, and stockholders of the
applicant, which shall constitute grounds for the denial of a
crematory license under Division 1.5 (commencing with Section
475).

(b) Upon receipt of an application for a crematory license, the
bureau may cause an investigation to be made of the physical
status, plans, specifications, and financing of the proposed
crematory, the character of the applicant, including, if applicable,
its officers, directors, shareholders, or members, and any other
qualifications required of the applicant under this article, and for
this purpose may subpoena witnesses, administer oaths, and take
testimony.

(c) At the time of the filing of the application required by this
article, the applicant shall pay to the Cemetery Fund the sum fixed
by the bureau at not in excess of four hundred dollars ($400) to
defray the expenses of investigation. In the event the sum shall be
insufficient to defray all of the expenses, the applicant shall within
five days after request therefor deposit an additional sum sufficient
to defray such expenses, provided that the total sum shall not
exceed nine hundred dollars ($900).

(d) This section shall remain in effect only until July 1, 2016,
and as of that date is repealed, unless a later enacted statute, that
is enacted before July 1, 2016, deletes or extends that date.

end insert

7712.5.  

(a) The bureau shall adopt, and may from time to time
amend, rules and regulations prescribing standards of knowledge
and experience and financial responsibility for applicants for a
crematory license. In reviewing an application for a crematory
license, the bureau may consider acts of the applicant, including
acts of incorporators, officers, directors, and stockholders of the
applicant, which shall constitute grounds for the denial of a
crematory license under Division 1.5 (commencing with Section
475).

(b) Upon receipt of an application for a crematory license, the
bureau may cause an investigation to be made of the physical
status, plans, specifications, and financing of the proposed
crematory, the character of the applicant, including, if applicable,
its officers, directors, shareholders, or members, and any other
qualifications required of the applicant under this article, and for
this purpose may subpoena witnesses, administer oaths, and take
testimony.

(c)  At the time of the filing of the application required by this
article, the applicant shall pay to the Cemetery and Funeral Fund
the sum fixed by the bureau at not in excess of four hundred dollars
($400) to defray the expenses of investigation. In the event the
sum shall be insufficient to defray all of the expenses, the applicant
shall, within five days after request therefor, deposit an additional
sum sufficient to defray such expenses, provided that the total sum
shall not exceed begin delete the sum of end delete nine hundred dollars ($900).

begin insert

(d) This section shall become operative on July 1, 2016.

end insert

7712.6.  

A crematory licensee under this article shall not
conduct any cremations:

(a) Unless the licensee has a written contract with the person
or persons entitled to custody of the remains clearly stating the
location, manner, and time of disposition to be made of the remains,
agreeing to pay the regular fees of the licensee for cremation,
disposition, and other services rendered, and any other contractual
provisions as may be required by the bureau.

(b) Of any remains more than 24 hours after delivery of the
remains, unless the remains have been preserved in the interim by
refrigeration or embalming.

(c) Unless the licensee has a contractual relationship with a
licensed cemetery authority for final disposition of cremated human
remains by burial, entombment, or inurnment of any and all
remains which are not lawfully disposed of or which are not called
for or accepted by the person or persons entitled to the custody
and control of the disposition thereof within 90 days of the date
of death.

7712.7.  

Every crematory licensee, who prohibits relatives or
the responsible party from viewing the cremation process, shall
disclose this fact in writing to the person or persons entitled to
custody of the remains prior to the signing of any contract.

7712.8.  

Each crematory licensee shall keep such records as
may be required by the bureau to begin delete assure end delete begin insert ensure end insert compliance with
all laws relating to the disposition of cremated human remains and
shall file annually with the bureau, a report in the form prescribed
by the bureau, describing the operations of the licensee, including
the number of cremations made, the disposition thereof, and any
other information as the bureau may, from time to time, require.

begin insert

begin insert 7712.9. end insert   

(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, to be fixed
by the bureau at not more than four hundred dollars ($400). 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 to be fixed
by the bureau at not more than eight dollars and fifty cents ($8.50)
per cremation made during the preceding quarter, which charges
shall be deposited in the Cemetery Fund.

(b) This section shall remain in effect only until July 1, 2016,
and as of that date is repealed, unless a later enacted statute, that
is enacted before July 1, 2016, deletes or extends that date.

end insert

7712.9.  

begin insert (a) end insert begin insert   end insert 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, to be fixed
by the bureau at not more than four hundred dollars ($400). 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 to be fixed by the
bureau at not more than eight dollars and fifty cents ($8.50) per
cremation made during the preceding quarter, which charges shall
be deposited in the Cemetery and Funeral Fund.

begin insert

(b) This section shall become operative on July 1, 2016.

end insert

7712.10.  

(a) Each crematory for which a crematory license is
required shall be operated under the supervision of a manager
qualified in accordance with rules adopted by the bureau. Each
manager shall be required to successfully pass a written
examination evidencing an understanding of the applicable
provisions of this code and of the Health and Safety Code.

(b) A person shall not engage in the business of, act in the
capacity of, or advertise or assume to act as, a crematory manager
without first obtaining a license from the bureau.

7713.  

A crematory shall at all times employ a licensed
crematory manager to manage, supervise, and direct its operations.

(a) Every crematory shall designate a licensed crematory
manager to manage the crematory, and shall report the designation
to the bureau within 10 days of the effective date. Any change in
the designated manager shall be reported to the bureau within 10
days.

(b) The designated crematory manager shall be responsible for
exercising direct supervision and control over the operations,
employees, and agents of the crematory as is necessary to ensure
full compliance with the applicable provisions of this code, the
Health and Safety Code, and any regulations adopted thereto.
Failure of the designated crematory manager or the licensed
crematory to exercise that supervision or control shall constitute
a ground for disciplinary action.

(c) A crematory may employ, in addition to the designated
crematory manager, additional licensed crematory managers.
However, only one licensed crematory manager may be appointed
as the designated crematory manager of the crematory.

7713.1.  

(a) Application for a crematory manager license shall
be made in writing on the form provided by the bureau, verified
by the applicant and filed at the principal office of the bureau. The
application shall be accompanied by the fee fixed by this chapter.

(b) The applicant for a crematory manager license shall be at
least 18 years of age, possess a high school diploma or its
equivalent, shall not have committed acts or crimes constituting
grounds for denial of licensure under Section 480, shall
demonstrate compliance with the training and experience
requirements established by the bureau, and shall be a resident of
this state.

(c) The bureau shall grant a crematory manager license to any
applicant who meets the requirements of this chapter and who has
successfully passed the crematory manager examination
administered by the bureau.

7713.2.  

(a) A person shall not engage in or conduct, or hold
himself or herself out as engaging in or conducting, the activities
of a crematory manager without holding a valid, unexpired
crematory manager license issued by the bureau.

(b) A licensed crematory manager shall not engage in or
conduct, or hold himself or herself out as engaging in or
conducting, the activities of a crematory manager without being
employed by, or without being a sole proprietor, partner, or
corporate officer of, a licensed crematory.

7713.3.  

It is a misdemeanor for any person, firm, or corporation
to cremate human remains or to engage in the disposition thereof
without a valid, unexpired crematory license. Each cremation shall
be a separate violation.

7713.4.  

A crematory licensee shall be subject to and shall be
disciplined by the bureau in accordance with Article 6
(commencing with Section 7686).

begin delete SEC. 34. end delete
begin insert SEC. 36. end insert   

Section 7725.2 of the Business and Professions Code
is amended to read:

7725.2.  

Except as otherwise provided in this chapter, a license
that has expired may be renewed at any time within five years after
its expiration on filing of an application for renewal on a form
prescribed by the bureau and payment of all accrued and unpaid
renewal fees. If the license is not renewed within 30 days after its
expiration the licensee, as a condition precedent to renewal, shall
also pay the delinquency fee prescribed by this chapter. Renewal
under this section shall be effective on the date on which the
application is filed, on the date on which all renewal fees are paid,
or on the date on which the delinquency fee, if any, is paid,
whichever last occurs. If so renewed, the license shall continue in
effect through the date provided in Section 7725 that next occurs
after the effective date of the renewal, when it shall expire if it is
not again renewed.

If a license is not renewed within one year following its
expiration, the bureau may require as a condition of renewal that
the holder of the license pass an examination on the appropriate
subjects provided by this chapter.

begin delete

SEC. 35.  

Section 7727 of the Business and Professions Code
is amended to read:

7727.  

On or before the 10th day of each month, the department
shall pay into the State Treasury and report to the State Controller
all the fees received for the bureau. The fees shall be received by
the State Treasurer and placed in the Cemetery and Funeral Fund,
which fund is available for expenditures necessary for the proper
administration of this chapter.

end delete

begin insert

begin insert SEC. 37. end insert   

end insert

begin insert Section 7727 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

7727.  

begin insert (a) end insert begin insert   end insert On or before the 10th day of each month, the
department shall pay into the State Treasury and report to the State
Controller all the fees received for the bureau begin insert relating to funeral
directors and embalmers end insert . The fees shall be received by the State
Treasurer and placed in the State Funeral Directors and Embalmers
Fund, which fund is available for expenditures necessary for the
proper administration of begin insert those provisions of end insert this chapter begin insert governing
funeral directors and embalmers end insert .

begin insert

(b) This section shall remain in effect only until July 1, 2016,
and as of that date is repealed, unless a later enacted statute, that
is enacted before July 1, 2016, deletes or extends that date.

end insert

begin insert

begin insert SEC. 38. end insert   

end insert

begin insert Section 7727 is added to the end insert begin insert Business and Professions
Code end insert begin insert , to read: end insert

begin insert

begin insert 7727. end insert   

(a) On or before the 10th day of each month, the
department shall pay into the State Treasury and report to the
State Controller all the fees received for the bureau. The fees shall
be received by the State Treasurer and placed in the Cemetery and
Funeral Fund, which fund is available for expenditures necessary
for the proper administration of this chapter.

(b) This section shall become operative on July 1, 2016.

end insert

begin delete SEC. 36. end delete
begin insert SEC. 39. end insert   

Section 7729.1 is added to the Business and
Professions Code, to read:

7729.1.  

The amount of fees prescribed for a license or
certificate of authority under this act is that fixed by the following
provisions of this article. Any license or certificate of authority
provided under this act that has expired may be renewed within
five years of its expiration upon payment of all accrued and unpaid
renewal and regulatory fees.

begin delete SEC. 37. end delete
begin insert SEC. 40. end insert   

Section 7729.2 is added to the Business and
Professions Code, to read:

7729.2.  

The delinquent renewal fee for a license, registration,
or certificate of authority under this chapter shall be 150 percent
of the timely fee, but not less than the renewal fee plus twenty-five
dollars ($25).

begin delete SEC. 38. end delete
begin insert SEC. 41. end insert   

Section 7729.3 is added to the Business and
Professions Code, to read:

7729.3.  

The original cemetery broker’s license fee shall be
fixed by the bureau at not more than four hundred dollars ($400).

begin delete SEC. 39. end delete
begin insert SEC. 42. end insert   

Section 7729.4 is added to the Business and
Professions Code, to read:

7729.4.  

(a) The original cemetery broker’s license fee is
payable at the time of the filing of an application for an original
cemetery broker’s license.

(b) If the applicant fails the required written examination, he or
she may be permitted to take another examination upon the filing
of an application for reexamination and the payment of a
reexamination fee. This reexamination fee shall be fixed by the
bureau at not more than one hundred dollars ($100).

(c) No part of any original cemetery broker’s license fee or
reexamination fee is refundable. It is deemed earned upon receipt
by the bureau, whether the accompanying application for a license
is complete or incomplete.

begin delete SEC. 40. end delete
begin insert SEC. 43. end insert   

Section 7729.5 is added to the Business and
Professions Code, to read:

7729.5.  

The annual renewal fee for a cemetery broker’s license
shall be fixed by the bureau at not more than three hundred dollars
($300).

begin delete SEC. 41. end delete
begin insert SEC. 44. end insert   

Section 7729.6 is added to the Business and
Professions Code, to read:

7729.6.  

If the licensee is a cemetery brokerage corporation,
the license issued to it entitles one officer only, on behalf of the
corporation, to engage in the business of a cemetery broker without
the payment of a further fee, that officer to be designated in the
application of the corporation for a license. For each other officer
of a licensed cemetery brokerage corporation, through whom it
engages in the business of a cemetery broker, the annual renewal
fee, in addition to the fee paid by the corporation, shall be fixed
by the bureau at not more than one hundred dollars ($100).

begin delete SEC. 42. end delete
begin insert SEC. 45. end insert   

Section 7729.7 is added to the Business and
Professions Code, to read:

7729.7.  

If the licensee is a cemetery brokerage copartnership,
the license issued to it entitles one member only of the
copartnership to engage on behalf of the copartnership in the
business of a cemetery broker, which member shall be designated
in the application of the copartnership for a license. For each other
member of the copartnership who on behalf of the copartnership
engages in the business of a cemetery broker, the annual renewal
fee, in addition to the fee paid by the copartnership, shall be fixed
by the bureau at not more than one hundred dollars ($100).

begin delete SEC. 43. end delete
begin insert SEC. 46. end insert   

Section 7729.8 is added to the Business and
Professions Code, to read:

7729.8.  

The cemetery salesperson’s license fee shall be fixed
by the bureau at not more than thirty dollars ($30).

begin delete SEC. 44. end delete
begin insert SEC. 47. end insert   

Section 7729.9 is added to the Business and
Professions Code, to read:

7729.9.  

A cemetery salesperson’s license fee is payable on
each filing of an application for a cemetery salesperson’s license.

begin delete SEC. 45. end delete
begin insert SEC. 48. end insert   

Section 7729.10 is added to the Business and
Professions Code, to read:

7729.10.  

The annual renewal fee for a cemetery salesperson’s
license shall be fixed by the bureau at not more than twenty-five
dollars ($25).

begin delete SEC. 46. end delete
begin insert SEC. 49. end insert   

Section 7730 is added to the Business and Professions
Code, to read:

7730.  

For a branch office broker’s license, the fee shall be fixed
by the bureau at not more than one hundred dollars ($100).

begin delete SEC. 47. end delete
begin insert SEC. 50. end insert   

Section 7730.1 is added to the Business and
Professions Code, to read:

7730.1.  

The cremated remains disposer registration fee shall
be one hundred dollars ($100).

begin delete SEC. 48. end delete
begin insert SEC. 51. end insert   

Section 7730.2 is added to the Business and
Professions Code, to read:

7730.2.  

The renewal fee for a cremated remains disposer
registration shall be fifty dollars ($50).

begin delete SEC. 49. end delete
begin insert SEC. 52. end insert   

Section 7730.3 is added to the Business and
Professions Code, to read:

7730.3.  

For change of name or of address of licensee on the
records of the bureau, the fee shall be fixed by the bureau at not
more than twenty-five dollars ($25).

begin delete SEC. 50. end delete
begin insert SEC. 53. end insert   

Section 7730.4 is added to the Business and
Professions Code, to read:

7730.4.  

For transfer of a salesperson’s license on change of
employer, the fee shall be fixed by the bureau at not more than
twenty-five dollars ($25).

begin delete SEC. 51. end delete
begin insert SEC. 54. end insert   

Section 7730.5 is added to the Business and
Professions Code, to read:

7730.5.  

For a duplicate license the fee shall be fixed by the
bureau at not more than twenty-five dollars ($25).

begin delete SEC. 52. end delete
begin insert SEC. 55. end insert   

Section 7730.6 is added to the Business and
Professions Code, to read:

7730.6.  

(a) For reinstatement of a license within the fiscal
year, the fee shall be fixed by the bureau at not more than
twenty-five dollars ($25).

(b) As used in this section, “reinstatement of a license” means
the reissuance of a canceled cemetery broker’s license, or a
cemetery salesperson’s license which was canceled during the year
for which it was issued upon the salesperson’s withdrawal from
the employ of a cemetery broker.

begin delete SEC. 53. end delete
begin insert SEC. 56. end insert   

Section 7730.7 is added to the Business and
Professions Code, to read:

7730.7.  

(a) The fee for a crematory manager examination and
reexamination may not exceed five hundred dollars ($500).

(b) The license fee to obtain a crematory manager license may
not exceed one hundred dollars ($100).

(c) The renewal fee for a crematory manager license may not
exceed one hundred dollars ($100).

begin delete SEC. 54. end delete
begin insert SEC. 57. end insert   

Section 7730.8 is added to the Business and
Professions Code, to read:

7730.8.  

(a) The fee for a cemetery manager examination and
reexamination may not exceed nine hundred dollars ($900).

(b) The license fee to obtain a cemetery manager license may
not exceed one hundred dollars ($100).

(c) The renewal fee for a cemetery manager license may not
exceed one hundred dollars ($100).

begin delete SEC. 55. end delete
begin insert SEC. 58. end insert   

Section 7730.9 is added to the Business and
Professions Code, to read:

7730.9.  

The fee for filing a report of a change of designated
manager or a request for approval to share a designated cemetery
manager shall not exceed fifty dollars ($50).

begin insert

begin insert SEC. 59. end insert   

end insert

begin insert Section 7730.10 is added to the end insert begin insert Business and
Professions Code end insert begin insert , to read: end insert

begin insert

begin insert 7730.10. end insert   

(a) Every cemetery authority operating a cemetery
shall pay an annual regulatory charge for each cemetery to be
fixed by the bureau at not more than four hundred dollars ($400).
In addition to an annual regulatory charge for each cemetery, an
additional quarterly charge to be fixed by the bureau at not more
than eight dollars and fifty cents ($8.50) for each burial,
entombment, or inurnment made during the preceding quarter
shall be paid to the bureau and these charges shall be deposited
in the Cemetery Fund. If the cemetery authority performs a burial,
entombment, or inurnment, and the cremation was performed at
a crematory located on the grounds of the cemetery and under
common ownership with the cemetery authority, the total of all
additional charges shall be not more than eight dollars and fifty
cents ($8.50).

(b) This section shall remain in effect only until July 1, 2016,
and as of that date is repealed, unless a later enacted statute, that
is enacted before July 1, 2016, deletes or extends that date.

end insert

begin delete SEC. 56. end delete
begin insert SEC. 60. end insert   

Section 7730.10 is added to the Business and
Professions Code, to read:

7730.10.  

begin insert (a end insert begin insert ) end insert begin insert   end insert Every cemetery authority operating a cemetery
shall pay an annual regulatory charge for each cemetery to be fixed
by the bureau at not more than four hundred dollars ($400). In
addition to an annual regulatory charge for each cemetery, an
additional quarterly charge to be fixed by the bureau at not more
than eight dollars and fifty cents ($8.50) for each burial,
entombment, or inurnment made during the preceding quarter shall
be paid to the bureau and these charges shall be deposited in the
Cemetery and Funeral Fund. If the cemetery authority performs a
burial, entombment, or inurnment, and the cremation was
performed at a crematory located on the grounds of the cemetery
and under common ownership with the cemetery authority, the
total of all additional charges shall be not more than eight dollars
and fifty cents ($8.50).

begin insert

(b) This section shall become operative on July 1, 2016.

end insert

begin delete SEC. 57. end delete
begin insert SEC. 61. end insert   

Section 7731 is added to the Business and Professions
Code, to read:

7731.  

Upon payment of the charges set forth, the bureau shall
issue a renewal of the certificate of authority to the cemetery
authority.

begin delete SEC. 58. end delete
begin insert SEC. 62. end insert   

Section 7731.1 is added to the Business and
Professions Code, to read:

7731.1.  

Failure to pay the charges set forth by Section 7730.10
prior to February 1 for each year shall be cause for suspension of
the certificate of authority. The certificate may be restored upon
payment to the bureau of the prescribed charges.

begin delete SEC. 59. end delete
begin insert SEC. 63. end insert   

Section 7731.2 is added to the Business and
Professions Code, to read:

7731.2.  

It is a misdemeanor for any cemetery corporation to
make any interments without a valid certificate of authority. Each
interment shall be a separate violation.

begin insert

begin insert SEC. 64. end insert   

end insert

begin insert Section 7731.3 is added to the end insert begin insert Business and
Professions Code end insert begin insert , to read: end insert

begin insert

begin insert 7731.3. end insert   

(a) All moneys received by the bureau under the
provisions of this chapter relating to cemetery regulation shall be
accounted for and reported by detailed statements furnished by
the bureau to the Controller at least once a month, and at the same
time these moneys shall be remitted to the Treasurer, and, upon
order of the Controller, shall be deposited in the Cemetery Fund
in the State Treasury, which fund is hereby created.

(b) This section shall remain in effect only until July 1, 2016,
and as of that date is repealed, unless a later enacted statute, that
is enacted before July 1, 2016, deletes or extends that date.

end insert

begin delete SEC. 60. end delete
begin insert SEC. 65. end insert   

Section 7731.3 is added to the Business and
Professions Code, to read:

7731.3.  

begin insert (a) end insert begin insert   end insert All moneys received by the bureau under the
provisions of this chapter shall be accounted for and reported by
detailed statements furnished by the bureau to the Controller at
least once a month, and at the same time these moneys shall be
remitted to the Treasurer, and, upon order of the Controller, shall
be deposited in the Cemetery and Funeral Fund in the State
Treasury, which fund is hereby created.

begin insert

(b) This section shall become operative on July 1, 2016.

end insert

begin insert

begin insert SEC. 66. end insert   

end insert

begin insert Section 7731.4 is added to the end insert begin insert Business and
Professions Code end insert begin insert , to read: end insert

begin insert

begin insert 7731.4. end insert   

(a) All moneys paid into the State Treasury and
credited to the Cemetery Fund shall be expended in accordance
with law for the payment of all actual and necessary expenses
incurred in carrying out the provisions of this act.

(b) This section shall remain in effect only until July 1, 2016,
and as of that date is repealed, unless a later enacted statute, that
is enacted before July 1, 2016, deletes or extends that date.

end insert

begin delete SEC. 61. end delete
begin insert SEC. 67. end insert   

Section 7731.4 is added to the Business and
Professions Code, to read:

7731.4.  

begin insert (a) end insert begin insert   end insert All begin delete money end delete begin insert moneys end insert paid into the State Treasury
and credited to the Cemetery and Funeral Fund shall be expended
in accordance with law for the payment of all actual and necessary
expenses incurred in carrying out the provisions of this act.

begin insert

(b) This section shall become operative on July 1, 2016.

end insert

begin delete SEC. 62. end delete
begin insert SEC. 68. end insert   

Chapter 19 (commencing with Section 9600) of
Division 3 of the Business and Professions Code is repealed.

begin delete SEC. 63. end delete
begin insert SEC. 69. end insert   

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.