Cristina Garcia
- Democratic
Author
The Cemetery and Funeral Act provides for the licensure and regulation of cemeteries, crematoria, hydrolysis facilities, cremated remains disposers, funeral establishments, and their personnel by the Cemetery and Funeral Bureau within the Department of Consumer Affairs. Existing law creates the Cemetery and Funeral Fund, which is continuously appropriated for the purpose of implementing the act. Under existing law, the violation of the act is a misdemeanor. Existing law provides for the disposition of human remains and makes specified acts relating to human remains, including improperly disposing of human remains, a crime. This bill, commencing January 1, 2027, would require the bureau to license and regulate reduction facilities, as defined, and would enact requirements applicable to reduction facilities substantially similar to those applicable to crematoria and hydrolysis facilities and would enact provisions relating to the disposition of reduced human remains by integration into the soil. By expanding the definition of crimes relating to the disposition of human remains and creating new crimes, this bill would impose a state-mandated local program. The bill would require the application for a reduction facility license to be made in writing on the form prescribed by the bureau and accompanied by a licensing fee. The bill would also require a licensed reduction facility to pay a specified fee to the bureau for every reduction during the preceding quarter. The bill would require the bureau to set the licensing and renewal fees and the per reduction fees in amounts that cumulatively do not exceed the reasonable costs of administering the licensing program and would cap the per reduction fee at a maximum of $8.50 per reduction. By depositing moneys in a continuously appropriated fund, this bill would make an appropriation. This bill would require the State Department of Public Health to adopt rules and regulations prescribing the standards for reduction chambers to preserve the public health and safety and to ensure the destruction of pathogenic microorganisms. The bill, commencing January 1, 2027, would require reduction chamber manufacturers to apply to the State Department of Public Health for approval of reduction chambers for use in the state and to charge a reduction chamber manufacturer a regulatory fee for the evaluation of a reduction chamber, as specified. The bill would prohibit the use of a nonapproved reduction chamber by a reduction facility or its employees. Existing law requires a local registrar of births and deaths to issue permits for the disposition of cremated and hydrolyzed remains. This bill, commencing January 1, 2027, would require a local registrar of births or deaths to issue permits for the disposition of reduced human remains. By increasing the duties of local agencies, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Approved by the Governor.
Chaptered by Secretary of State - Chapter 399, Statutes of 2022.
Enrolled and presented to the Governor at 4 p.m.
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 65. Noes 0.).
In Assembly. Concurrence in Senate amendments pending.
Read third time. Passed. Ordered to the Assembly. (Ayes 35. Noes 0. Page 5224.).
Read third time and amended. Ordered to third reading.
Read second time. Ordered to third reading.
Read second time and amended. Ordered returned to second reading.
From committee: Amend, and do pass as amended. (Ayes 6. Noes 0.) (August 11).
Read second time and amended. Re-referred to Com. on APPR.
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (June 22).
From committee: Do pass and re-refer to Com. on HEALTH. (Ayes 10. Noes 0.) (June 13). Re-referred to Com. on HEALTH.
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B., P. & E.D.
Re-referred to Coms. on B., P. & E.D. and HEALTH.
Re-referred to Com. on RLS pursuant to Senate Rule 29.10(c).
Read second time. Ordered to third reading.
Read second time and amended. Ordered returned to second reading.
From inactive file.
Ordered to second reading.
Ordered to inactive file at the request of Senator Hertzberg.
Ordered to third reading.
From Consent Calendar.
Read second time. Ordered to Consent Calendar.
From committee: Do pass. To Consent Calendar. (Ayes 15. Noes 0.) (June 22).
In committee: Set, first hearing. Hearing canceled at the request of author.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 1253.)
Read second time. Ordered to Consent Calendar.
From committee: Do pass. To Consent Calendar. (Ayes 21. Noes 0.) (April 22).
From committee chair, with author's amendments: Amend, and re-refer to Com. on G.O. Read second time and amended.
In committee: Set, first hearing. Hearing canceled at the request of author.
From printer. May be heard in committee February 28.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB351 | HTML |
| 01/28/21 - Introduced | |
| 04/15/21 - Amended Assembly | |
| 02/28/22 - Amended Senate | |
| 06/06/22 - Amended Senate | |
| 06/27/22 - Amended Senate | |
| 08/11/22 - Amended Senate | |
| 08/25/22 - Amended Senate | |
| 09/01/22 - Enrolled | |
| 09/18/22 - Chaptered |
| Document | Format |
|---|---|
| 04/07/21- Assembly Governmental Organization | |
| 04/21/21- Assembly Governmental Organization | |
| 06/18/21- Senate Governmental Organization | |
| 06/25/21- Sen. Floor Analyses | |
| 06/09/22- Senate Business, Professions and Economic Development | |
| 06/20/22- Senate Health | |
| 07/29/22- Senate Appropriations | |
| 08/11/22- Senate Appropriations | |
| 08/15/22- Sen. Floor Analyses | |
| 08/26/22- Sen. Floor Analyses | |
| 08/30/22- ASSEMBLY FLOOR ANALYSIS |
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