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2017 Summary of Legislation - Effective January 1, 2018*

AB 356 BIGELOW (CHAPTER 187, STATUTES OF 2017)

1. Human remains: disposition

This bill authorizes human remains to be transported from California to an adjacent state for disposition in that state without a death certificate or a permit for disposition if the remains are found within 50 miles of the California border and a licensed funeral establishment in the adjacent state is within 30 miles of the county border in which the decedent died, and the remains a released to that funeral establishment. (Amends Health and Safety Code section 103050)

AB 926 IRWIN (CHAPTER 750, STATUTES OF 2017 EFFECTIVE JANUARY 1, 2020) *

1. Cemeteries: endowment funds

This bill authorizes the Bureau to extend the date on which the annual report is due by no more than nine months. In addition, this bill authorizes, beginning January 1, 2020, a cemetery authority to apply to the Bureau to convert its endowment care fund from a net income distribution method to a unitrust distribution method. This bill establishes conditions under which a distribution from the fund could be made under the unitrust distribution method. The Bureau will be required to review, on an annual basis, whether a cemetery authority continues to meet the conditions of approval for the unitrust distribution method, and authorizes the Bureau to require the use of the net income distribution method if the cemetery authority does not meet those conditions. This bill requires the Bureau to evaluate the effectiveness of the unitrust distribution method and provide a report to the Legislature as specified. (Amends Business and Professions Code section 7612.6, Health and Safety Code 8725, 8726, and 8726.1; Adds Health and Safety Code section 8726.2

AB 967 GLORIA (CHAPTER 846, STATUTES OF 2017 EFFECTIVE JULY 1, 2020) *

1. Human remains disposal: alkaline hydrolysis: licensure and regulation

This bill requires, commencing July 1, 2020, the Bureau to license and regulate hydrolysis facilities and hydrolysis facilities manager. This bill enacts requirements applicable to hydrolysis facilities similar to those applicable to crematoriums. Additionally, applicants for a hydrolysis facility license are required to provide to the Bureau any state or locally required permits for business operations, prove that it has the appropriate permits and contracts for the disposal of hydrolysate, and employ a hydrolysis chamber approved by the State Department of Public Health as specified.

(Act to amend, repeal, and add Sections 7611.9, 7672, 7672.1, 7672.2, 7672.3, 7672.4, 7672.6, 7672.7, 7673.1, and 7685.2 of, to add Sections 7611.12, 7653.24, 7653,36, 7712.11, and 7730.11 to, and to add Article 2.7 (commencing with Section 7639) to Chapter 12 of Division 3 of, the Business and Professions Code, and to amend, repeal, and add Sections 7003, 7010.3, 7010.7, 7011, 7011.2, 7015, 7016, 7051, 7051.5, 7052, 7052.5, 7054, 7054.1, 7054.6, 7055, 7116, 7117, 103055, 103060, and 103080 of, to add Sections 7002.5, 7006.1, 7006.4, 7006.6, 7006.8, 7010.1, 7017, and 7054.8 to, and to add Article 8 (commencing with Section 8370) to Chapter 2 of Part 3 of Division 8 of, the Health and Safety Code, relating to disposal of human remains)

AB 1381 OBERNOLTE (CHAPTER 150, STATUTES OF 2017)

1. Funeral establishments: apprenticeship training

This bill authorizes a funeral establishment, instead of a funeral director, to submit an application to the Cemetery and Funeral Bureau if it wishes to have an apprentice embalmer at the establishment. Additionally, this bill authorizes the funeral establishment to have a trade embalmer, hired by the establishment on a case-by-case basis, for purposes of satisfying the apprentice embalmer application requirements. (Amends Business and Professions Code section 7670)

SB 547 HILL (CHAPTER 429, STATUTES OF 2017)

1. Professions and vocations: weights and measurers

As it relates to the Bureau, this bill requires any person employed by, or an agent of, a licensed funeral establishment who consults with the family or representatives of the family of a deceased person for the purpose of arranging certain services to receive documented training, as specified, at least once every 3 years. (Amends Business and Professions Code section 7635)

SB 800 COMMITTEE ON BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT, (CHAPTER 573, STATUTES OF 2017)

1. Professions and vocations

As it relates to the Bureau, this bill authorizes licensed crematories within close geographical proximity of each other to request authorization from the Bureau to allow a licensed crematory manager to manage, supervise, and direct the business or profession of more than one facility. (Amends Business and Professions Code section 7713)

*Unless otherwise noted