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Funeral Legislation Introduced in 2018

Read more about these bills here.

BILLS PASSED in 2018

 

Assembly Bill 1217 (Santiago) was enrolled Aug. 31, 2018,. It amends the B&P Code relating to licensing of alcoholic beverages, allowing beer, wine, and distilled spirits to be sold at any for-profit cemetery that is more than 100 years old, on the National Register of Historic Places, is located in and designated an Historic-Cultural Monument by the City of Los Angeles, and holds both an endowment care fund and a memorial care fund that are exempt under Sec. 501c(13) of Internal Revenue Code. (Hollywood Forever Cemetery?)

 

Senate Bill 1289  for Maintenance of the Codes was introduced Feb. 16, 2018 by 7 Senators and was approved by the Governor on July 9, 2018. . Section 10 of Sec. 7639.08 of the Bus. And Prof. Code concerns approval of alkaline hydrolysis facilities by State Dept. of Public Health, and amends Sec. 7685.2 of BPC -- the requirement to give the purchaser of funeral services, cremation, or hydrolysis an itemized list of fees and cash advances for the services.  These would become operative on July 1, 2020. Like SB 1480, it amends Section 7103 of the Health and Safety Code concerning failure to perform the duty of interment within a reasonable length of time. The person is guilty of a misdemeanor punishable by imprisonment not exceeding one year or a fine not exceeding $10,000, or both imprisonment and fine.

 

Assembly Bill 2750 (Obernolte) was approved by the Governor July 18, 2018.  Adds the appointed conservator of a person or estate to the list of authorized people who can get a certified copy of a death record.

 

Senate Bill 1480 (Hill and Low) passed the Senate and was enrolled Sept. 7, 2018.  Every person or licensee upon whom the duty of interment is imposed by law, who omits to perform that duty within a reasonable time is guilty of a misdemeanor that shall be punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding $10,000, or both. This amends Section 7103 of the Health and Safety Code. The bill also has a section amending Section 8731 of the H&S Code.  A cemetery authority may appoint a board of trustees of its Endowment Care Fund, numbering three or more persons. If the cemetery authority fails to file a required report on time or if the report or endowment care fund is not in compliance with the law, the cemetery authority may be required to appoint a bank or trust company as trustee.



 

BILLS INTRODUCED in 2018, Still pending

 

Senate Bill 1371 introduced by Sen. Morrell on Feb. 16, 2018. Adds Sec. 41 to the B&P Code. It would require compiling a list of all occupational licenses required in California (including by the Cemetery and Funeral Bureau) and keeping it updated.

 

Assembly Bill 3184 introduced Ass. Member Rubio on Feb. 16, 2018.  Requires Cemetery and Funeral Bureau to disclose information of licensees but not home address, phone, Soc Sec. No., on internet reporting of suspensions and revocations of licenses and other related enforcement action. The CFB would have this information in its records, but not publish private information. A post office box can be published.


 

Assembly Bill 2708 (Reyes).  This bill would require a person engaged in a trade or business, or a supervised financial organization to provide a translation of a contract or agreement to a consumer who primarily speaks one of five specified foreign languages if the transaction is negotiated in English by a minor on behalf of the consumer.  Would affect funeral and cemetery business among others. (Amends Civil Code sections 1632, 1632.5) Last amended in the Assembly on April 18, 2018.