BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  April 28, 2015


                   ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS


                                Susan Bonilla, Chair


          AB 180  
          Bonilla - As Amended April 22, 2015


          SUBJECT:  Cemetery and Funeral Bureau.


          SUMMARY:  Requires the Cemetery and Funeral Bureau (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) Section 7600 et seq.)


          2)Authorizes the 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;  








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            the scope of examination; and, carrying out the provisions for  
            the protection of the peace, health, safety, welfare and  
            morals of the public.  (BPC Section 7606)


          3)Authorizes the Bureau to inspect the premises in which the  
            business of a funeral director is conducted, where embalming  
            is practiced, or where human remains are stored.  (BPC Section  
            7607)


          4)Authorizes the Bureau to employ investigators and attorneys to  
            assist the Bureau in prosecuting violations of the Funeral  
            Law, as specified.  (BPC Section 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 Sections 9600 et seq.)


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








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            Bureau that includes:  (BPC Section 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;


             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 Section  
            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  








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            endowment care funds is to be paid by the cemetery authority,  
            as specified.  (BPC Section 9652(d))
          THIS BILL:


          11)Requires the powers and duties of the Bureau be reviewed by  
            the appropriate policy committees of the Legislature before  
            January 1, 2020.


          12)Requires the Bureau to conduct a study of endowment care  
            funds as specified, by November 1, 2018.


          FISCAL EFFECT:  Unknown.  This bill is keyed fiscal by the  
          Legislative Council.  


          COMMENTS:


          13)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."  
          14)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  








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            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.  

          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 Sunset Review Process.  The sunset review process provides a  
            formal mechanism for the DCA; the Legislature; the regulatory  
            boards, bureaus and committees; interested parties; and  
            stakeholders to make recommendations for improvements to the  
            authority of consumer protection boards and bureaus. This is  
            performed on a standard four-year cycle and was mandated by SB  
            2036 (McCorquodale), Chapter 908, Statutes of 1994.  Each  
            eligible agency is required to submit to the Committees a  
            report covering the entire period since last reviewed that  
            includes, among other things, the purpose and necessity of the  
            agency and any recommendations of the agency for changes or  
            reorganization in order to better fulfill its purpose.  During  
            "sunset review", the Committees take public testimony and  
            evaluate the eligible agency prior to the date the agency is  
            scheduled to be repealed.  An eligible agency is allowed to  
            sunset unless the Legislature enacts a law to extend,  
            consolidate, or reorganize the eligible agency.  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.  









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          Cemetery 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. 
          Endowment Care Funds.  As noted in the sunset review report, BPC  
            Section 9650 requires cemeteries to file an annual report  
            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  








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            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.  
          
          Previous Related Legislation.  


          AB 2946 (Hayashi), Chapter 504, Statutes of 2008, deleted the  
            December 31, 2007, sunset date of, thereby extending  
            indefinitely, the $8.50 quarterly fee the Bureau charges  
            cemeteries for each burial, entombment, inurnment, or  
            cremation made during the preceding quarter.


          SB 658 (Negrete McLeod), Chapter 386, Statutes of 2011, required  
            funeral establishments to make their general price list  
            available by mail, facsimile, or electronic mail, or to post  
            that information on its Internet Web site, as specified, by  
            January 1, 2013.








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            SB 363 (Figueroa), Chapter 874, Statutes of 2003, implemented  
            several changes to the provisions regarding the California  
            Council for Interior Design Review pursuant to recommendations  
            of the Joint Legislative Sunset Review Committee (JLSRC), made  
            changes to several other boards and commissions, including the  
            Bureau, within the DCA, and extends the sunset for the JLSRC.

            SB 1952 (Figueroa) Chapter 825, Statutes of 2002, required the  
            Bureau to report to the Legislature on certain specified  
            topics; extended the sunset date requiring cemetery  
            authorities and crematories to pay a fee of $8.50 per  
            cremation, burial, entombment or inurnment; authorized the  
            Bureau to assess a fee for developing, purchasing, grading,  
            and administering the cemetery manager and crematory manager  
            examinations; and made other changes regulating the Bureau  
            pursuant to recommendations of the JLSRC and DCA.

          REGISTERED SUPPORT:  


          None on file. 




          REGISTERED OPPOSITION:  
          None on file. 




          Analysis Prepared by:Elissa Silva / B. & P. / (916) 319-3301













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