CONSENT  

Bill No: SB 711

Author: Glazer (D)

Introduced: 2/22/19

Vote: 21

SENATE BUS., PROF. & ECON. DEV. COMMITTEE: 9-0, 4/1/19

AYES: Glazer, Chang, Archuleta, Dodd, Galgiani, Hill, Leyva, Pan, Wilk

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

SUBJECT: Cemetery and Funeral Act

SOURCE: Author

DIGEST:

This bill clarifies that the Cemetery and Funeral Bureau (Bureau) may inspect any premises for which a license is required where human remains are stored or disposed, and makes a minor technical change.

ANALYSIS:

Existing law:

1. Establishes the Bureau under the jurisdiction of the Department of Consumer Affairs (DCA) to license and regulate cemeteries, funeral establishments, crematories, cemetery salespersons, brokers, managers, cremated remains disposers, and endowment care, as specified. (Business and Professions Code (BPC) § 7600 et seq.)
2. States that protection of the public is the highest priority of the Bureau in exercising its licensing, regulatory, and disciplinary functions and whenever the protection of the public is inconsistent with other interests sought to be promoted, protection of the public is paramount. (BPC § 7601.1)
   
3. Exempts from the Bureau’s jurisdiction, specified religious cemeteries, public cemeteries, and any private or fraternal burial park not exceeding 10 acres, established prior to September 19, 1939, as specified. (BPC § 7612.2)
   
4. Authorizes the Bureau to inspect the premises in which the business of a funeral establishment, cemetery, or crematory is conducted, as specified. (BPC § 7607).
   
5. Establishes, beginning July 1, 2020, the licensing and regulatory process for the operation of a hydrolysis facility, as specified. (BPC §§ 7639-7639.18)

This bill clarifies the inspection authority of the Bureau to include premises where human remains are disposed.

Background

Cemetery and Funeral Bureau. The Bureau licenses and regulates more than 13,500 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 the fiduciary and operational activities of its licensing population. The Bureau has statutory authority to enforce the licensing and practice acts in the BPC along with jurisdiction over specified provisions of the Health and Safety Code dealing specifically with human remains, cemetery, and crematory provisions.

In 2017, the Legislature passed AB 967 (Gloria, Chapter 846, Statutes of 2017), which established the Bureau’s regulatory authority over hydrolysis facilities and imposed the same requirements for hydrolyzed remains as cremated remains. Additionally, the bill specified training standards for hydrolysis facility employees and specified the requirements for disposal of hydrolysate. That bill provided two options for hydrolysate disposal: 1) store and collect or 2) through a sewer collection system, as specified. In an effort to clarify the Bureau’s future inspection authority of hydrolysis facilities that dispose of human remains through a sewer collection system or a store and collect system, this bill will simply clarify that the Bureau’s inspection authority also includes locations where remains are “disposed,” in addition to funeral establishments, crematories, cemeteries, or where embalming is practiced.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

SUPPORT: (Verified 4/23/19)

None received

OPPOSITION: (Verified 4/23/19)

None received

Prepared by: Elissa Silva / B., P. & E.D. / 916-651-4104

4/24/19 14:04:51

**** END ****

SENATE COMMITTEE ON

BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT

Senator Steven Glazer, Chair

2019 - 2020 Regular

Bill No: SB 711 Hearing Date: April 1, 2019

Subject: Cemetery and Funeral Act

SUMMARY:

Clarifies that the Cemetery and Funeral Bureau (Bureau) may inspect any premises for which a license is required where human remains are stored or disposed, and makes a minor technical change.

Existing law:

1. Establishes the Bureau under the jurisdiction of the Department of Consumer Affairs (DCA) to license and regulate cemeteries, funeral establishments, crematories, cemetery salespersons, brokers, managers, cremated remains disposers, and endowment care, as specified. (Business and Professions Code (BPC) § 7600 et seq.)
2. States that protection of the public is the highest priority of the Bureau in exercising its licensing, regulatory, and disciplinary functions and whenever the protection of the public is inconsistent with other interests sought to be promoted, protection of the public is paramount. (BPC § 7601.1)
   
3. Exempts from the Bureau’s jurisdiction, specified religious cemeteries, public cemeteries, and any private or fraternal burial park not exceeding 10 acres, established prior to September 19, 1939, as specified. (BPC § 7612.2)
   
4. Authorizes the Bureau to inspect the premises in which the business of a funeral establishment, cemetery, or crematory is conducted, as specified. (BPC § 7607).
   
5. Establishes, beginning July 1, 2020, the licensing and regulatory process for the operation of a hydrolysis facility, as specified. (BPC §§ 7639-7639.18)

This bill:

Clarifies the inspection authority of the Bureau to include premises where human remains are disposed.

FISCAL EFFECT:

Unknown. This bill is keyed fiscal by the Legislative Counsel.

COMMENTS:

1. Purpose. The Author is the sponsor of this bill. According to the author, “this bill will help clarify that the Bureau has the appropriate inspection authority over all of its licensees where human remains are stored and disposed. By adding ‘disposed’ to current law, it will help ensure that hydrolysis operators are included under the Bureau’s inspection authority.”
2. Background. Cemetery and Funeral Bureau. The Bureau licenses and regulates more than 13,500 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 the fiduciary and operational activities of its licensing population. The Bureau has statutory authority to enforce the licensing and practice acts in the BPC along with jurisdiction over specified provisions of the Health and Safety Code dealing specifically with human remains, cemetery, and crematory provisions.

In 2017, the Legislature passed AB 967 (Gloria, Chapter 846, Statutes of 2017), which established the Bureau’s regulatory authority over hydrolysis facilities and imposed the same requirements for hydrolyzed remains as cremated remains. Additionally, the bill specified training standards for hydrolysis facility employees and specified the requirements for disposal of hydrolysate. That bill provided two options for hydrolysate disposal: 1) store and collect or 2) through a sewer collection system, as specified. In an effort to clarify the Bureau’s future inspection authority of hydrolysis facilities that dispose of human remains through a sewer collection system or a store and collect system, this bill will simply clarify that the Bureau’s inspection authority also includes locations where remains are “disposed,” in addition to funeral establishments, crematories, cemeteries, or where embalming is practiced.

1. Current Related Legislation. SB 606 (Glazer) authorizes the Bureau to examine licensure requirements for embalmers in other states every four years. In addition, this bill deletes the provision regarding an applicant who had previously failed the examination administered by the bureau. (Status: This bill is pending in Senate Business, Professions and Economic Development Committee).
   
2. Prior Related Legislation. AB 967 (Gloria, Chapter 846, Statutes of 2017), established the regulatory process for hydrolysis facilities under the Bureau beginning July 1, 2020; imposed the same requirements on hydrolyzed remains as for cremated remains; and specified training standards for hydrolysis facility employees and the requirements for disposal of hydrolysate.

AB 764 (Linder of 2014) would have established a pilot program that authorized the Bureau to offer a limited crematory license to no more than five alkaline hydrolysis facilities as specified, and repealed that authority on January 1, 2020. (Status: This bill was held in the Senate Committee on Environmental Quality.)

AB 1615 (Miller of 2012) would have authorized the Bureau to license and regulate hydrolysis facilities and hydrolysis facility managers. (Status: This bill was held in the Senate Committee on Appropriations.)

AB 1777 (Ma, Chapter 79, Statutes of 2012), authorized cremated remains to be transferred from a durable container into a scattering urn, as defined, no more than seven days before scattering the cremated remains at sea from a boat.

SUPPORT AND OPPOSITION:

Support:

None on file as of March 26, 2019

Opposition:

None on files as of March 26, 2019

-- END --