California 2011-2012 Regular Session Status: Enacted

AB 374 — Funeral directors and embalmers.

Last action — Chaptered by Secretary of State - Chapter 364, Statutes of 2012.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 14, 2011. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 7 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law, the Funeral Directors and Embalmers Law, creates the Cemetery and Funeral Bureau within the Department of Consumer Affairs. Existing law requires a funeral director to obtain a separate license for each funeral establishment the director operates. Existing law allows the assignment of a funeral establishment's license upon payment of a fee and submission of an audit report performed by an independent certified public accountant or public accountant licensed in this state that verifies the accuracy of the establishment's trust fund balances and reports the establishment's compliance with certain provisions of the Funeral Directors and Embalmers Law. Existing law requires any shortages in the trust funds to be funded in order for a funeral establishment's license to be assigned. This bill would require a completed application to be filed in addition to payment of the fee and submission of the audit report in order to assign a funeral establishment's license. If an applicant for assignment of a funeral establishment's license is not able to submit the audit report due to specified circumstances, the bill would authorize the applicant to submit a signed request, for approval from the bureau to secure a bond guaranteeing the payment of any shortages in the establishment's trust funds, as specified. The bill would subject an applicant who knowingly provides false or misleading information pursuant to the bill's provisions to an administrative citation, which may include an order of abatement and a fine not to exceed $5,000 per violation. The bill would require an assignee to maintain the bond after assignment of the funeral establishment's license by the bureau.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 364, Statutes of 2012.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 12:15 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 80. Noes 0. Page 6610.).

  5. From committee: That the Senate amendments be concurred in. (Ayes 8. Noes 0.) (August 29).

  6. Joint Rule 62(a), file notice suspended. (Page 6404.)

  7. Re-referred to Com. on B.,P. & C.P. pursuant to Assembly Rule 77.2.

  8. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 24 pursuant to Assembly Rule 77.

  9. Read third time. Passed. Ordered to the Assembly. (Ayes 36. Noes 0. Page 4637.).

  10. Read second time. Ordered to third reading.

  11. Read third time and amended. Ordered to second reading.

  12. Read second time. Ordered to third reading.

  13. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  14. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

  15. From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (July 2). Re-referred to Com. on APPR.

  16. 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.

  17. In committee: Set, first hearing. Hearing canceled at the request of author.

  18. Referred to Com. on B., P. & E.D.

  19. In Senate. Read first time. To Com. on RLS. for assignment.

  20. Read third time. Passed. Ordered to the Senate. (Ayes 58. Noes 16. Page 1719.)

  21. Read second time. Ordered to third reading.

  22. Read second time and amended. Ordered to second reading.

  23. From committee: Do pass as amended. (Ayes 11. Noes 5.) (May 27).

  24. In committee: Set, first hearing. Referred to APPR. suspense file.

  25. Re-referred to Com. on APPR.

  26. From committee chair, with author's amendments: Amend, and re-refer to Com. on APPR. Read second time and amended.

  27. Re-referred to Com. on APPR.

  28. Read second time and amended.

  29. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (April 26).

  30. Re-referred to Com. on B., P. & C.P.

  31. From committee chair, with author's amendments: Amend, and re-refer to Com. on B., P. & C.P. Read second time and amended.

  32. Referred to Com. on B., P. & C.P.

  33. From printer. May be heard in committee March 17.

  34. Read first time. To print.

Sponsors

  • Hill · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 3 voted No

Sponsors (1)

  • Hill

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 80 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 2000
Unaffiliated 77000
Democratic 1000
Total 80000
% of votes cast 100%0%0%0%
How each member voted (80)
Member Party Vote
Butler — Yea
Carter — Yea
Garrick — Yea
Hagman — Yea
John A. Pérez — Yea
Mitchell — Yea
Chesbro — Yea
Hill — Yea
Huber — Yea
Jeffries — Yea
Knight — Yea
Pan — Yea
Atkins — Yea
Fuentes — Yea
Furutani — Yea
Gatto — Yea
Campos — Yea
Portantino — Yea
Gordon — Yea
Yamada — Yea
Gorell — Yea
Allen — Yea
Halderman — Yea
Hall — Yea
Bonilla — Yea
Hayashi — Yea
Fong — Yea
Fletcher — Yea
Cedillo — Yea
Huffman — Yea
Conway — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Cook — Yea
Ammiano — Yea
Beall — Yea
Block — Yea
Davis — Yea
Donnelly — Yea
Monning — Yea
Morrell — Yea
Nestande — Yea
Norby — Yea
Olsen — Yea
Skinner — Yea
Smyth — Yea
Swanson — Yea
Torres — Yea
Valadao — Yea
Wieckowski — Yea
Achadjian — Yea
Alejo — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Hueso — Yea
Lara — Yea
Ma — Yea
Mansoor — Yea
Nielsen — Yea
Perea — Yea
Silva — Yea
Solorio — Yea
Wagner — Yea
Williams — Yea
Eng — Yea
Feuer — Yea
Dickinson — Yea
Galgiani — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

amendments be concurred in.

Passed 8 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 8001
Total 8001
% of votes cast 89%0%0%11%
How each member voted (9)
Member Party Vote
Butler — Yea
Campos — Yea
Gordon — Yea
Hagman — Yea
Bonilla — Yea
Hayashi — Yea
Allen — Yea
Smyth — Not Voting
Bill Berryhill — Yea

Official roll call →

Passed 36 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 33004
Republican 1000
Democratic 2000
Total 36004
% of votes cast 90%0%0%10%
How each member voted (40)
Member Party Vote
Wolk — Yea
Yee — Yea
Lowenthal — Yea
Cannella — Yea
Evans — Yea
Negrete McLeod — Yea
Hancock — Yea
Hernandez — Yea
Correa — Yea
Huff — Yea
Blakeslee — Yea
Pavley — Yea
Price — Yea
Steinberg — Yea
Vargas — Yea
Wright — Yea
Rubio — Yea
Leno — Yea
Alquist — Yea
Corbett — Yea
Dutton — Yea
De León — Not Voting
Runner — Not Voting
Harman — Not Voting
Anderson — Yea
Kehoe — Yea
Lieu — Yea
Liu — Not Voting
Simitian — Yea
Walters — Yea
Wyland — Yea
Emmerson — Yea
DeSaulnier — Yea
Fuller — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Passed 58 Yea · 16 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 571406
Republican 0200
Democratic 1000
Total 581606
% of votes cast 73%20%0%8%
How each member voted (80)
Member Party Vote
Gordon — Yea
Hall — Yea
Butler — Yea
Feuer — Yea
Yamada — Yea
Fuentes — Yea
Fong — Yea
Campos — Yea
Galgiani — Yea
Allen — Yea
Gatto — Yea
Hagman — Yea
Harkey — Nay
Carter — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Hayashi — Yea
Fletcher — Yea
Huber — Yea
Hueso — Yea
Cedillo — Yea
Knight — Nay
Bonilla — Yea
Atkins — Yea
Lara — Yea
Logue — Nay
Mendoza — Yea
Ammiano — Yea
Beall — Yea
Chesbro — Yea
Conway — Yea
Cook — Nay
Davis — Yea
Donnelly — Nay
Monning — Yea
Morrell — Nay
Nielsen — Nay
Norby — Nay
Olsen — Nay
Perea — Yea
Skinner — Yea
Smyth — Yea
Swanson — Yea
Valadao — Nay
Wagner — Yea
Williams — Yea
Garrick — Not Voting
Gorell — Not Voting
Halderman — Nay
Jeffries — Not Voting
Miller — Not Voting
Achadjian — Yea
Alejo — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hill — Yea
Huffman — Yea
Ma — Yea
Mansoor — Nay
Nestande — Yea
Pan — Yea
Silva — Nay
Solorio — Yea
Torres — Yea
Wieckowski — Yea
Eng — Yea
Dickinson — Yea
Furutani — Yea
Beth Gaines — Nay
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Not Voting
V. Manuel Pérez — Not Voting
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass as amended.

Passed 11 Yea · 5 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 10501
Democratic 1000
Total 11501
% of votes cast 65%29%0%6%
How each member voted (17)
Member Party Vote
Campos — Not Voting
Fuentes — Yea
Mitchell — Yea
Hall — Yea
Harkey — Nay
Hill — Yea
Donnelly — Nay
Lara — Yea
Norby — Nay
Wagner — Nay
Blumenfield — Yea
Bradford — Yea
Nielsen — Nay
Solorio — Yea
Davis — Yea
Gatto — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

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Frequently asked questions

What does AB 374 do?
Existing law, the Funeral Directors and Embalmers Law, creates the Cemetery and Funeral Bureau within the Department of Consumer Affairs. Existing law requires a funeral director to obtain a separate license for each funeral establishment the director operates. Existing law allows the assignment of a funeral establishment's license upon payment of a fee and submission of an audit report performed by an independent certified public accountant or public accountant licensed in this state that verifies the accuracy of the establishment's trust fund balances and reports the establishment's compliance with certain provisions of the Funeral Directors and Embalmers Law. Existing law requires any shortages in the trust funds to be funded in order for a funeral establishment's license to be assigned. This bill would require a completed application to be filed in addition to payment of the fee and submission of the audit report in order to assign a funeral establishment's license. If an applicant for assignment of a funeral establishment's license is not able to submit the audit report due to specified circumstances, the bill would authorize the applicant to submit a signed request, for approval from the bureau to secure a bond guaranteeing the payment of any shortages in the establishment's trust funds, as specified. The bill would subject an applicant who knowingly provides false or misleading information pursuant to the bill's provisions to an administrative citation, which may include an order of abatement and a fine not to exceed $5,000 per violation. The bill would require an assignee to maintain the bond after assignment of the funeral establishment's license by the bureau.
Who sponsors AB 374?
AB 374 is sponsored by Hill.
What is the current status of AB 374?
This bill has been enacted into law. Introduced February 14, 2011. Enacted.
Where can I track AB 374?
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