BILL NUMBER: AB 374	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 20, 2012
	AMENDED IN ASSEMBLY  MAY 27, 2011
	AMENDED IN ASSEMBLY  MAY 11, 2011
	AMENDED IN ASSEMBLY  MAY 2, 2011
	AMENDED IN ASSEMBLY  APRIL 25, 2011

INTRODUCED BY   Assembly Member  Hayashi   Hill


                        FEBRUARY 14, 2011

    An act to add Chapter 2.7 (commencing with Section 18898)
to Division 8 of the Business and Professions Code, relating to
athletic trainers.   An act to amend Section 7630 of the
Business and Professions Code, relating to funeral directors and
embalmers. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 374, as amended,  Hayashi   Hill  .
 Athletic.   Funeral directors and embalmers.
 
   Existing law, the Funeral Directors and Embalmers Law, creates the
Cemetery and Funeral Bureau within the Department of Consumer
Affairs. Existing law requires a funeral director to obtain a
separate license for each funeral establishment the director
operates. Existing law allows the assignment of a funeral
establishment's license upon payment of a fee and submission of an
audit report performed by an independent certified public accountant
or public accountant licensed in this state that verifies the
accuracy of the establishment's trust fund balances and reports the
establishment's compliance with certain provisions of the Funeral
Directors and Embalmers Law. Existing law requires any shortages in
the trust funds to be funded in order for a funeral establishment's
license to be assigned.  
   This bill would require a completed application to be filed in
addition to the fee and audit report in order to assign a funeral
establishment's license. If an applicant for assignment of a funeral
establishment's license is not able to submit the audit report due to
specified circumstances, the bill would authorize the applicant to
submit a request, signed under penalty of perjury, for approval from
the bureau to secure a bond guaranteeing the payment of any shortages
in the establishment's trust funds, as specified. The bill would
require an assignee to maintain the bond after assignment of the
funeral establishment's license by the bureau.  
   By expanding the scope of the crime of perjury, this 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.  
   Existing law provides for the regulation of various professions
and vocations, including those of an athlete agent. 

   This bill would make it unlawful for any person to hold himself or
herself out as a certified athletic trainer unless he or she has
been certified by the Board of Certification, Inc., and has either
graduated from a college or university, after completing an
accredited athletic training education program, as specified, or
completed requirements for certification by the Board of
Certification, Inc., prior to January 1, 2004. The bill would make it
an unfair business practice to violate these provisions. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 7630 of the   Business
and Professions Code  is amended to read: 
   7630.   (a)    A funeral establishment's license
may be assigned upon payment of the fee fixed by this chapter  ,
the filing of a completed application,  and upon submission of
an audit report prepared and signed by an independent certified
public accountant or public accountant currently licensed in this
state. The audit report shall include an unqualified opinion on the
accuracy of the trust fund balances and a report of compliance with
the provisions of this article and Article 9 (commencing with Section
7735). Any shortages in the trust funds shall be funded. 
   The assignee shall comply with all provisions previously placed on
the assignor.  
   (b) If the applicant cannot submit the audit report required in
subdivision (a) due to estate matters or litigation for which the
director or his or her designee is a party, the applicant may request
approval from the bureau to secure a bond by an admitted surety
insurer guaranteeing the payment to each account of any shortages in
the trust funds. Along with the fee and the application to assign the
license and transfer ownership, any applicant requesting an
exception to subdivision (a) shall submit to the bureau a report,
signed under penalty of perjury by an authorized representative,
setting forth: (1) the reasons requested for the exception to the
audit requirement; and, (2) a list of all trust accounts for the
funeral establishment showing the corpus of the trust, accumulated
income and current account balances for each account. If the bureau
approves the request to secure a bond, the bureau shall notify the
applicant of the approval and of the requirements of this section.
Within 30 days from the date of the approval by the bureau, the
applicant shall file satisfactory proof of the posting of a bond
meeting the requirements of this section with the bureau. Once
satisfactory proof of the bond is filed with the bureau and any other
requirements for assignment have been met, the funeral establishment'
s license may be assigned.  
   (c) Any applicant that obtains approval from the bureau to post a
bond shall obtain a bond that is in an amount equal to 50 percent
greater than the corpus of the trust and otherwise meet the
requirements of this chapter. Within one year from the date of
acceptance of the surety bond by the bureau and prior to the
expiration of the current bond, the funeral establishment shall file
a new request with the bureau to post another bond and receive
approval by the bureau consistent with the requirements set forth in
subdivision (b). This requirement shall be met for each year in which
the assignee fails to submit an audit report and fund any shortages
as required in subdivision (a).  
   (d) The assignee shall comply with all provisions previously
placed on the assignor. The assignee shall maintain the bond referred
to in this section after assignment of the funeral establishment's
license by the bureau. 
   SEC. 2.    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.  
  SECTION 1.    Chapter 2.7 (commencing with Section
18898) is added to Division 8 of the Business and Professions Code,
to read:
      CHAPTER 2.7.  ATHLETIC TRAINERS


   18898.  (a) No person shall hold himself or herself out to be a
certified athletic trainer unless he or she meets the following
requirements:
   (1) He or she has done either of the following:
   (A) Graduated from a college or university after completing an
athletic training education program accredited by the Commission on
Accreditation of Athletic Training Education, or its predecessors or
successors.
   (B) Completed requirements for certification by the Board of
Certification, Inc., prior to January 1, 2004.
   (2) He or she has been certified by the Board of Certification,
Inc.
   (b) It is an unfair business practice within the meaning of
Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 for
any person to use the title of "certified athletic trainer" or any
other term, such as "licensed," "registered," or "ATC," that implies
or suggests that the person is certified as an athletic trainer, if
the person does not meet the requirements of subdivision (a).