ARTICLE 1.5. Definitions and Regulation of Cemeteries

Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13.

§§ 7611–7614.9 · 47 sections

§ 7611 The definitions in this article govern the meaning of terms used in the act except as otherwise provided expressly or by necessary implication.
§ 7611.1 “Act” means the Cemetery and Funeral Bureau Act.
§ 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, lists, leases or offers…
§ 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 offer for sale,…
§ 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 to,…
§ 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 to, the…
§ 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 act.
§ 7611.7 “Cemetery licensee” means any cemetery broker, cemetery salesperson, or cemetery manager.
§ 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…
§ 7611.9 (a) A “cremated remains disposer” is a person who, for their own account or for another, disposes of, or offers to dispose of, cremated human remains or…
§ 7611.10 “Endowment care” or “endowed care” shall include both general and special care funds.
§ 7611.12 (a) “Licensed hydrolysis facility” means a corporation, partnership, or natural person licensed pursuant to Article 2.7 (commencing with Section 7639). A…
§ 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 of a series of…
§ 7612.1 “Public cemetery” means a cemetery owned and operated by a city, county, city and county, or public cemetery district.
§ 7612.2 This article does not apply to any of the following: (a) A religious corporation, church, religious society or denomination, a corporation sole administering…
§ 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…
§ 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…
§ 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 the…
§ 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 approval…
§ 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 change in fiscal year…
§ 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 bureau within a period of…
§ 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 public inspection at the offices…
§ 7612.10 (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 an amount not to…
§ 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…
§ 7612.12 (a) On or before March 1, 2026, the bureau shall convene a workgroup composed of interested stakeholders including, but not limited to, representatives from…
§ 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 amount of endowment…
§ 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…
§ 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…
§ 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,…
§ 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…
§ 7613.5 (a) A person licensed under this code as a cemetery broker, cemetery salesperson, cemetery manager, funeral director, embalmer, crematorium licensee, or other…
§ 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…
§ 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 care funds the…
§ 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 shall by…
§ 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 the filing by…
§ 7613.10 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 cause to…
§ 7613.11 (a) Notwithstanding Sections 7613.9 and 7613.10, 90 days following the cancellation, surrender, or revocation of a certificate of authority, the bureau shall…
§ 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 its…
§ 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 any county of this…
§ 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.
§ 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,…
§ 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…
§ 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 by the…
§ 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)…
§ 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 in default as to…
§ 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 an asset of the endowment care…
§ 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…