California Business and Professions Code ARTICLE 1.5 - Definitions and Regulation of Cemeteries
- Section 7611.
The definitions in this article govern the meaning of terms used in the act except as otherwise provided expressly or by necessary implication. (Added by...
- Section 7611.1.
“Act” means the Cemetery and Funeral Bureau Act.(Added by Stats. 2015, Ch. 395, Sec. 13. (AB 180) Effective January 1, 2016.)
- Section 7611.2.
A “cemetery broker” is a person who, other than in reference to an occasional sale, sells or offers for sale, buys, or offers to buy,...
- Section 7611.3.
A “cemetery salesperson” is a natural person who, other than in reference to an occasional sale, is employed by a cemetery broker to sell, or...
- Section 7611.4.
(a) A “cemetery manager” is a person engaged in or conducting, or holding himself or herself out as engaged in those activities involved in, or incidental...
- Section 7611.5.
A “crematory manager” is a person engaged in or conducting, or holding himself or herself out as engaged in those activities involved in, or incidental...
- Section 7611.6.
The definitions in Chapter 1 (commencing with Section 7000) of Part 1 of Division 7 of the Health and Safety Code are applicable to this...
- Section 7611.7.
“Cemetery licensee” means any cemetery broker, cemetery salesperson, or cemetery manager. (Added by Stats. 2015, Ch. 395, Sec. 13. (AB 180) Effective January 1, 2016.)
- Section 7611.8.
“Crematory licensee” shall mean a corporation, partnership, or natural person licensed pursuant to Article 6.5 (commencing with Section 7712) and shall mean a cemetery licensee...
- Section 7611.9.
(a) A “cremated remains disposer” is a person who, for his or her own account or for another, disposes of, or offers to dispose of, cremated...
- Section 7611.9.a.
(a) A “cremated remains disposer” is a person who, for his or her own account or for another, disposes of, or offers to dispose of, cremated...
- Section 7611.10.a.
“Endowment care” or “endowed care” shall include both general and special care funds. (Added by Stats. 2015, Ch. 395, Sec. 13. (AB 180) Effective January...
- Section 7611.12.
(a) “Licensed hydrolysis facility” means a corporation, partnership, or natural person licensed pursuant to Article 2.7 (commencing with Section 7639). A licensed hydrolysis facility shall be...
- Section 7612.
An “occasional sale” is a sale of cemetery property not acquired or held for purposes of resale or speculation, provided such sale is not one...
- Section 7612.1.
“Public cemetery” means a cemetery owned and operated by a city, county, city and county, or public cemetery district. (Added by Stats. 2015, Ch. 395,...
- Section 7612.2.
This act does not apply to any of the following:(a) A religious corporation, church, religious society or denomination, a corporation sole administering temporalities of any church...
- Section 7612.3.
The bureau shall disclose on its Internet Web site, information about each cemetery subject to the jurisdiction of the bureau. In addition to the information...
- Section 7612.4.
(a) Notwithstanding Section 8115 of the Health and Safety Code, in order to protect consumers, the bureau shall adopt regulations that establish minimum standards of maintenance...
- Section 7612.5.
(a) (1) Any person who holds or has held, or was named on, any license or registration under the jurisdiction of the bureau that has been, within...
- Section 7612.6.
(a) Each cemetery authority shall file with the bureau annually, on or before June 1, or within five months after close of their fiscal year provided...
- Section 7612.7.
Each cemetery authority requesting a change of filing date of the endowment care fund report from a calendar year to a fiscal year or a...
- Section 7612.8.
The report shall state the name of the trustee or trustees of the endowment care fund. Any change of trustee shall be reported to the...
- Section 7612.9.
A copy of each annual audit report shall be transmitted to the bureau and shall be a public record. It shall also be open for...
- Section 7612.10.a.
(a) Any cemetery authority that does not file its report within the time prescribed by Section 7612.6 may be assessed a fine by the bureau in...
- Section 7612.11.
(a) The bureau shall conduct a study to obtain information to determine if the endowment care fund levels of each licensee’s cemetery are sufficient to cover...
- Section 7613.
The bureau shall examine the reports filed with it as to their compliance with the requirements of the Health and Safety Code as to the...
- Section 7613.1.
The bureau shall examine the endowment care funds of a cemetery authority:(a) Whenever it deems necessary and at least once every five years.(b) Whenever the cemetery authority...
- Section 7613.3.
(a) In making the examination, the bureau:(1) Shall have free access to the books and records relating to the trust funds, their collection and investment, and the...
- Section 7613.4.
(a) Subject to subdivision (b), a limited liability company certificated as a cemetery authority pursuant to Section 7018 of the Health and Safety Code may provide...
- Section 7613.5.
(a) A person licensed under this code as a cemetery broker, cemetery salesperson, cemetery manager, funeral director, embalmer, crematorium licensee, or other person licensed to provide...
- Section 7613.6.
The bureau may administer oaths and examine under oath any person relative to the endowment care fund. The examination shall be conducted in the principal...
- Section 7613.7.
If any examination made by the bureau, or any report filed with it, shows that there has not been collected and deposited in the endowment...
- Section 7613.8.
Whenever the bureau finds, after notice and hearing, that any endowment care funds have been invested in violation of the Health and Safety Code, it...
- Section 7613.9.
The superior court of the county in which the principal office of the cemetery authority in charge of endowment care funds is located shall, upon...
- Section 7613.10.a.
When it has been alleged by verified petition pursuant to Section 7613.1 or when the bureau on its own investigation determines that there is probable...
- Section 7613.2.
(a) If any cemetery authority refuses to pay such expenses, the bureau shall refuse it a certificate of authority and shall revoke any existing certificate of...
- Section 7614.
If any city, county, or city and county exercises its authority to address public health, safety, or welfare issues in connection with a cemetery within...
- Section 7614.1.
Whenever the bureau makes any seizure as provided in Section 7613.10, it shall, on demand of the bureau, be the duty of the sheriff of...
- Section 7614.2.
Immediately after effecting a seizure pursuant to Section 7613.10, the bureau shall institute a proceeding as provided for in Section 7613.9.(Added by Stats. 2015, Ch....
- Section 7614.3.
Notwithstanding any other law, the bureau shall be the custodian of all moneys collected or surrendered pursuant to Sections 7613.9 and 7613.10. As custodian, the...
- Section 7614.4.
The bureau shall maintain, regulate, operate, and control the property situated in the County of Amador, referred to as the Elkin Property in Judicial Council...
- Section 7614.5.
The bureau is authorized to bring action to enforce the provisions of the law subject to its jurisdiction, in which actions it shall be represented...
- Section 7614.6.
The bureau shall enforce and administer Part 1 (commencing with Section 8100), Part 3 (commencing with Section 8250), and Part 5 (commencing with Section 9501)...
- Section 7614.7.
In any report to the bureau, all bonds, debentures, or other evidences of debt held by a cemetery corporation if amply secured and if not...
- Section 7614.8.
Any security or other evidence of debt if in default as to principal or interest or if not amply secured shall not be valued as...
- Section 7614.9.
Notwithstanding any other law, every cemetery authority shall present to the survivor of the deceased who is handling the burial or cremation arrangements or the...
Last modified: October 22, 2018