BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON
          BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT
                              Senator Jerry Hill, Chair
                                2015 - 2016  Regular 

          Bill No:            AB 180          Hearing Date:    July 6,  
          2015
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          |Author:   |Bonilla                                               |
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          |Version:  |June 29, 2015                                         |
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          |Urgency:  |No                     |Fiscal:    |Yes              |
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          |Consultant|Mark Mendoza                                          |
          |:         |                                                      |
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                       Subject:  Cemetery and Funeral Bureau.


          SUMMARY:  Requires the Cemetery and Funeral Bureau to report to the  
          appropriate policy committees of the Legislature, before January  
          1, 2020, and conduct a review of endowment care fund  
          requirements, as specified, by November 1, 2018.

          Existing law:
          
          1)Establishes the Funeral and Directors and Embalmers Law  
            (Funeral Law) which provides for the licensure and regulation  
            of funeral directors and embalmers, within the Department of  
            Consumer Affairs (DCA), and requires the director of the DCA  
            to administer and enforce the Funeral Law.  (Business and  
            Professions Code (BPC) § 7600 et seq.)
          2)Authorizes the Cemetery and Funeral Bureau (Bureau) to adopt  
            and enforce reasonably necessary rules and regulations  
            relating to: the practice of embalming; the business of a  
            funeral director; the sanitary conditions of places where such  
            practice or business is conducted; specifying conditions for  
            approval of funeral establishments for apprentices and  
            mortuary science programs; the scope of examination; and,  
            carrying out the provisions for the protection of the peace,  
            health, safety, welfare and morals of the public.  (BPC §  
            7606)


          3)Authorizes the Bureau to inspect the premises in which the  







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            business of a funeral director is conducted, where embalming  
            is practiced, or where human remains are stored.  (BPC § 7607)


          4)Authorizes the Bureau to employ investigators and attorneys to  
            assist the Bureau in prosecuting violations of the Funeral  
            Law, as specified.  (BPC § 7608)


          5)Establishes the Cemetery Act which provides for the licensure  
            and regulation of cemetery salespersons, cemetery managers,  
            crematory managers, cemetery brokers, and cremated remains  
            disposers.  (BPC § 9600 et seq.)


          6)Authorizes the Bureau to establish necessary rules and  
            regulations for the administration and enforcement of the  
            Cemetery Act.  (BPC § 9630)


          7)Excludes: 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; a public cemetery; any private; or,  
            fraternal burial park not exceeding 10 acres, as specified,  
            from the requirements of the Cemetery Act.  (BPC § 9609)


          8)Requires each cemetery authority to file with the Bureau  
            annually, on or before June 1, or within 5 months after close  
            of their fiscal year, as specified, a written report to the  
            Bureau that includes:  (BPC § 9650.3)


             a)   The number of square feet of grave space and the number  
               of crypts and niches sold or disposed of under endowment  
               care;
             b)   The amount collected and deposited as specified;
             c)   A statement showing separately the total amount of the  
               general and special care funds invested in each of the  
               investments as authorized;










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             d)   A statement showing separately the locations,  
               description, and character of the investments in which the  
               special endowment care funds are invested; and, 


             e)   A statement showing the transactions entered into  
               between the corporation or any officer, employee or  
               stockholder as specified.  


          9)Permits the Bureau to examine endowment care funds of a  
            cemetery authority for the following reasons:  (BPC § 9652  
            (a-c))
             a)   Whenever it deems necessary, at least once every five  
               years;
             b)   Whenever the cemetery authority in charge of endowment  
               care funds fails to file the required report; and,


             c)   Whenever the accountant or auditor qualifies his or her  
               certification of the report that is prepared and signed by  
               a licensed certified public accountant. 


          10)Specifies that the reasonable costs of the examination of  
            endowment care funds is to be paid by the cemetery authority,  
            as specified.  (BPC § 9652(d))
          This bill:

          1)Requires the powers and duties of the Bureau be reviewed by  
             the appropriate policy committees of the Legislature before  
             January 1, 2020.
          2)Requires the Bureau to conduct a study of endowment care funds  
             as specified, by November 1, 2018.


          3)Combines the Cemetery Fund and the Funeral Directors and  
             Embalmers Fund to create the Cemetery and Funeral Fund.


          4)Merges the Funeral and Directors and Embalmers Law with the  
             Cemetery Act to create the Cemetery and Funeral Act.










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          5)Makes other technical and conforming changes.


          FISCAL  
          EFFECT:  This bill is keyed "fiscal" by Legislative Counsel.   
          According to the Assembly Appropriations Committee analysis  
          dated May 13, 2015, the Bureau operates as a single entity from  
          two separate special funds, the Cemetery Fund and the Funeral  
          Directors and Embalmers Fund.  The funds are both supported by  
          fees from licensees, are solvent, and have reserves.  The  
          analysis notes that the bill will result in on-going annual  
          Special Fund costs of approximately $2.5 million for the  
          Cemetery Fund and $1.8 million for the Funeral Directors and  
          Embalmers Fund for operating and personnel expenses including  
          enforcement, licensing, auditing and administrative functions.  
          This fund is self-supporting with fee revenue.

          
          COMMENTS:
          
          1. Purpose.  This bill is one of five Author-sponsored sunset  
             bills.  According to the Author, "Although the Bureau is  
             subject to sunset review, and was subject to a sunset review  
             oversight hearing on March 18, 2015, its statutory provisions  
             do not contain a sunset review provision.  This bill simply  
             seeks to make clear that the Bureau is subject to sunset  
             review, and to reinforce the recommendations contained in the  
             Bureau's sunset review report, including a review of  
             endowment care funds, in order to increase accountability."  

          2. Background.   The Bureau licenses and regulates more than  
             11,000 licensees in 13 different licensing categories.  The  
             Bureau does not license or regulate cemeteries operated by  
             religious organizations, cities, counties, cemetery  
             districts, the military, Native American tribal  
             organizations, or other groups.  

             The Bureau has the oversight responsibility for both  
             fiduciary and operational activities of its licensing  
             population and has the statutory authority to enforce the  
             licensing and practice acts in the BPC along with  
             jurisdiction over specified provisions of the Health and  
             Safety Code (HSC) dealing specifically with human remains,  
             cemetery, and crematory provisions.  








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          3. Joint Oversight Hearings and Sunset Review of DCA Licensing  
             Boards.  In March of 2015, the Assembly Business and  
             Professions Committee and the Senate Business, Professions  
             and Economic Development Committee (Committees) conducted  
             multiple joint oversight hearings to review 10 regulatory  
             boards and other entities within the DCA.  This and other  
             sunset bills are intended to implement legislative changes  
             recommended in the respective background reports drafted by  
             the Committees for all of the agencies reviewed this year.   
             The legislation pertaining to this bill was based on specific  
             issues raised and addressed in the background report prepared  
             by the Assembly Business and Professions Committee.  This is  
             the Bureau's second sunset review.  

          4. Cemetery and Funeral Bureau.  Prior to regulation as a  
             Bureau, cemetery and funeral issues were handled by two  
             separate entities, the California State Board of Funeral  
             Directors and Embalmers and the California State Cemetery  
             Board, which were created in 1939 and 1949, respectively.   
             Ultimately, the Legislature determined that the DCA was the  
             best structure for managing the Programs, and through a  
             memorandum of understanding with the Cemetery Board, the DCA  
             assumed responsibility for the Cemetery Program in October  
             1995.  The DCA was vested with all of the duties, powers,  
             purpose, responsibilities, and jurisdiction of both the  
             Cemetery Board and the Board of Funeral Directors and  
             Embalmers, and consolidated the functions into the Bureau. 

             During the sunset review of the Bureau, several issues were  
             raised in the Assembly Business and Profession Committee's  
             background paper, and suggestions were raised by Committee  
             staff regarding the functions and operations of the Bureau,  
             including: the fund condition of both the Cemetery Fund and  
             the Funeral Director Fund and the accompanying practice acts;  
             ensuring compliance with required General Price Lists (GPL)  
             disclosure information for consumers by funeral  
             establishments; the enforcement for cemeteries with  
             disciplinary concerns; the need for a review of endowment  
             care funds requirements; and, the Bureau's preparation for  
             the changing death care industry. 
          
          5. Endowment Care Funds.  As noted in the sunset review report,  
             BPC Section 9650 requires cemeteries to file an annual report  








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             regarding the amount collected for endowment care funds and  
             special care funds (preneed cemetery merchandise and  
             services), the manner of investment of the funds, as well as  
             other financial information and related documents. The annual  
             report must be submitted with an audit report signed by a  
             certified public accountant.  The Bureau's audit unit reviews  
             each of those annual reports and assesses any potential risk  
             to the funds.  In 2008, the Bureau reported to the  
             Legislature the results from its Endowment Care Fund Survey,  
             which addressed the need to increase endowment care fund  
             requirements. The Bureau's survey requested all licensed  
             cemeteries, as of December 31, 2006, to provide information  
             regarding maintenance expenses, cemetery space and  
             availability, and a five-year forecast for maintenance and  
             expenses. 

             While an increase in funding for endowment care was enacted  
             in 2008.  It was recommended in the background paper that the  
             Bureau conduct an updated study on endowment care fund  
             requirements and needs.  This bill will require the Bureau to  
             conduct a study of endowment care funds and report back to  
             the Legislature by November 1, 2018.  


             This bill will authorize the continued operation of the  
             Bureau as it is currently functioning under the DCA and  
             request the Bureau to be reviewed by the Legislature again in  
             four years.  By continuing the functions of the Bureau, this  
             bill will allow the Bureau to continue in its regulatory  
             capacity for the protection of consumers and the regulation  
             of all aspects of the funeral and cemetery industries.  

          6. Related Legislation This Year.   SB 465  (Hill) extends the  
             operation of the Contractors' State License Board until 2020  
             and makes various changes to the Contractors' State License  
             Law.  (  Status:   The bill is pending in the Assembly Committee  
             on Business and Professions.) 

              SB 466  (Hill) sunsets the Board of Registered Nursing.   
             (  Status:   The bill is pending in the Assembly Committee on  
             Business and Professions.) 

              SB 467  (Hill) extends the operation of the California Board  
             of Accountancy until 2020 and makes various changes in  








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             regards to the DCA.  (  Status:   The bill is pending in the  
             Assembly Committee on Business and Professions.) 

              SB 468  (Hill) extends the operation of the Bureau of Security  
             and Investigative Services and the Alarm Company Act,  
             Locksmith Act, Private Investigator Act, Private Security  
             Services Act, Proprietary Security Services Act, and  
             Collateral Recovery Act until January 1, 2020.  It also  
             subjects the Bureau to review by the appropriate committees  
             of the Legislature and makes various changes to provisions in  
             the aforementioned Acts to improve the oversight, enforcement  
             and regulation by the Bureau of licensees under each Act.   
             (  Status:   The bill is pending in the Assembly Committee on  
             Business and Professions.)  

              SB 469  (Hill) extends the operation of the California State  
             Athletic Commission until January 1, 2020.  Makes changes to  
             the laws governing the Commission's operations and the  
             Commission's oversight of professional and amateur boxing,  
             professional and amateur kickboxing, all forms and  
             combinations of full contact martial arts contests, including  
             mixed martial arts and matches or exhibitions conducted, held  
             or given in California.  (  Status:   The bill is pending in the  
             Assembly Committee on Business and Professions.)     

              AB 177  (Bonilla) extends the operation of the Board for  
             Professional Engineers, Land Surveyors and Geologists and  
             California Architects Board and Landscape Architects  
             Committee until January 1, 2020.  (  Status:   The bill is also  
             set for a hearing before this Committee on July 6.)     

              AB 178  (Bonilla) extends the operation of the Board of  
             Vocational Nursing and Psychiatric Technicians until January  
             1, 2020.  (  Status:   The bill is pending in the Senate  
             Appropriations Committee.)     

              AB 179  (Bonilla) extends the operation of the Dental Board of  
             California until January 1, 2020.  (  Status:   The bill is also  
             set for a hearing before this Committee on July 6.)    

              AB 181  (Bonilla) extends the operation of the California  
             State Board of Barbering and Cosmetology (BBC) until January  
             1, 2020.  Makes changes to the laws governing the Board's  
             regulation of barbers, cosmetologists, estheticians,  








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             electrologists, manicurists, apprentices and establishments.   
             (  Status:   The bill is also set for a hearing before this  
             Committee on July 6.)    
           
          7. Technical Amendments.  

            a)  The Bureau has requested to move the deadline from  
              November 1, 2018 to January 1, 2018 to complete the study of  
              endowment care funds.  This change will allow the Bureau to  
              focus to its efforts on the study prior to its Sunset  
              Review.  The Author has agreed to take this technical  
              amendment on the Senate Floor.

            b)  There is a typographical error on page 38, line 37.  The  
              code section should read "Section 7711.1" rather than  
              "Section 7700.1".  The Author has agreed to take this  
              technical amendment on the Senate Floor.
          

          SUPPORT AND OPPOSITION:
          
           Support:  

          None of file as of June 30, 2015.

           Opposition:  

          None of file as of June 30, 2015.

                                      -- END --