BILL NUMBER: AB 180 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 22, 2015
INTRODUCED BY Committee on Business and Professions
( Assembly Members Bonilla
(Chair), Bloom, Dodd, Gatto, Holden, Mullin, Ting, and Wood
) Assembly Member Bonilla
( Coauthor: Senator Hill
)
JANUARY 26, 2015
An act to amend Section 9625 of of, and to
amend and repeal Section 9613 of, the Business and Professions
Code, relating to cemeteries.
LEGISLATIVE COUNSEL'S DIGEST
AB 180, as amended, Committee on Business and Professions
Bonilla . Cemetery and Funeral Bureau.
The Cemetery Act provides for the licensure and regulation of
cemeteries, crematories, and their personnel by the Cemetery and
Funeral Bureau that Bureau, which is
within the Department of Consumer Affairs. The act authorizes the
Director of Consumer Affairs with the approval of the Director of
Finance to appoint a chief of the bureau who is vested with the duty
to enforce the act and serves at the pleasure of the director.
The act also required the bureau to survey each of its licensees to
obtain information to determine if the endowment care fund levels of
the licensee's cemetery are sufficient to cover the cost
of future operation, as specified, and report its findings and
recommendations to the Legislature by January 1, 2008.
This bill would provide that the powers and duties of the bureau
under the act are subject to review by the appropriate policy
committees of the Legislature and that the review is required to be
performed as if the act is scheduled to be repealed on January 1,
2020. The bill would require the bureau to conduct a study to
obtain information to determine if the endowment care fund levels of
its licensees' cemeteries are sufficient to cover the cost of future
operation, as specified, and report its findings and recommendations
to the Senate Committee on Business, Professions and Economic
Development and the Assembly Committee on Business and Professions by
November 1, 2018. The bill would repeal that reporting requirement
on January 1, 2020.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 9613 of the Business
and Professions Code is amended to read:
9613. (a) The bureau shall survey each of its licensees
conduct a study to obtain information to
determine if the endowment care fund levels of the
each licensee's cemetery are sufficient to cover the cost
of future operation. 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 Legislature by January 1, 2008. Senate
Committee on Business, Professions and Economic Development and the
Assembly Committee on Business and Professions by November 1, 2018.
(c) This section shall remain in effect only until January 1,
2020, and as of that date is repealed.
SECTION 1. SEC. 2. Section 9625 of
the Business and Professions Code is amended to read:
9625. (a) There is in the department, the Cemetery and Funeral
Bureau, under the supervision and control of the director.
(b) 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.
(c) 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 were scheduled to be repealed
on January 1, 2020.