DIVISION 7. DEAD BODIES [7000. - 8030.]
Division 7 enacted by Stats. 1939, Ch. 60.
§§ 7000–8030 · 217 sections
PART 1. GENERAL PROVISIONS §§ 7000–7355 · 132 sections
CHAPTER 1. Definitions §§ 7000–7025 · 41 sections
- § 7000 The definitions in this chapter apply to this division, Division 8 (commencing with Section 8100) and Division 102 (commencing with Section 102100) of this…
- § 7001 “Human remains” or “remains” means the body of a deceased person, regardless of its stage of decomposition, and includes cremated, reduced, or hydrolyzed human…
- § 7002 “Cremated remains” means the ashes and bone fragments of a human body that are left after cremation in a crematory, and includes ashes from the cremation…
- § 7002.5 (a) “Hydrolyzed human remains” means bone fragments of a human body that are left after hydrolysis in a hydrolysis facility. “Hydrolyzed human remains” does…
- § 7002.7 (a) “Reduction facility” means a structure, room, or other space in a building or real property where natural, organic reduction of a human body occurs. (b)…
- § 7003 (a) “Cemetery” means either of the following: (1) Any of the following that is used or intended to be used and dedicated for cemetery purposes: (A) A burial…
- § 7004 “Burial park” means a tract of land for the burial of human remains in the ground, used or intended to be used, and dedicated, for cemetery purposes.
- § 7005 Except in Part 5 (commencing with Section 9501) of Division 8, “mausoleum” means a structure or building for the entombment of human remains in crypts or…
- § 7006 “Crematory” means a building or structure containing one or more furnaces for the reduction of bodies of deceased persons to cremated remains.
- § 7006.1 (a) “Hydrolysis facility” means a building or structure containing one or more chambers for the reduction of bodies of deceased persons by alkaline hydrolysis.…
- § 7006.3 “Cremation chamber” means the enclosed space within which the cremation of human remains is performed.
- § 7006.4 (a) “Hydrolysis chamber” means the enclosed space within which the hydrolysis of human remains is performed and any other attached, nonenclosed, mechanical…
- § 7006.5 “Cremation container” means a combustible, closed container resistant to leakage of bodily fluids into which the body of a deceased person is placed prior to…
- § 7006.6 (a) “Hydrolysis container” means a hydrolyzable body wrapping into which the body of a deceased person is placed prior to insertion into a hydrolysis chamber.…
- § 7006.7 “Cremated remains container” means a receptacle in which cremated remains are placed after cremation.
- § 7006.8 (a) “Hydrolyzed human remains container” means a receptacle in which hydrolyzed human remains are placed after hydrolysis. (b) This section shall become…
- § 7007 Except in Part 5 (commencing with Section 9501) of Division 8, “columbarium” means a structure, room, or other space in a building or structure containing…
- § 7008 “Crematory and columbarium” means a building or structure containing both a crematory and columbarium.
- § 7009 “Interment” means the disposition of human remains by entombment or burial in a cemetery or, in the case of cremated remains, by inurnment, placement or burial…
- § 7010 “Cremation” means the process by which the following three steps are taken: (a) The reduction of the body of a deceased human to its essential elements by…
- § 7010.1 (a) “Hydrolysis” means the process by which the following two steps are taken: (1) The reduction of the body of a deceased person to its essential organic…
- § 7010.3 (a) “Processing” means the removal of foreign objects, pursuant to Section 7051, and the reduction of the particle size of cremated remains or hydrolyzed human…
- § 7010.5 “Residue” means human ashes, bone fragments, prostheses, and disintegrated material from the chamber itself, imbedded in cracks and uneven spaces of a…
- § 7010.7 (a) “Scattering” means the authorized dispersal of cremated remains or hydrolyzed human remains at sea, in other areas of the state, or commingling in a…
- § 7010.8 (a) “Integrate into the soil” means the authorized addition and mixing of reduced human remains with existing soil in a defined area within a dedicated…
- § 7011 (a) “Inurnment” means placing cremated remains or hydrolyzed human remains in a cremated remains container or hydrolyzed human remains container suitable for…
- § 7011.2 (a) “Placement” means the placing of a container holding cremated remains or hydrolyzed human remains in a crypt, vault, or niche. (b) This section shall…
- § 7012 “Entombment” means the process of placing human remains in a crypt or vault.
- § 7013 “Burial” means the process of placing human remains in a grave.
- § 7014 “Grave” means a space of earth in a burial park, used, or intended to be used, for the disposition of human remains.
- § 7015 (a) “Crypt” or “vault” means a space in a mausoleum of sufficient size, used or intended to be used, to entomb human remains that have been neither cremated…
- § 7016 (a) “Niche” means a space in a columbarium used, or intended to be used, for the placement of cremated human remains or hydrolyzed human remains. (b) This…
- § 7017 (a) “Hydrolysate” means the resultant liquid from the hydrolysis of human remains, which liquid is a sterile, benign, micronutrient-rich solution consisting of…
- § 7018 “Cemetery authority” includes cemetery association, corporation sole, limited liability company, or other person owning or controlling cemetery lands or…
- § 7019 “Cemetery corporation,” “cemetery association,” or “cemetery corporation or association,” means any corporation now or hereafter organized which is or may be…
- § 7020 “Cemetery business,” “cemetery businesses,” and “cemetery purposes” are used interchangeably and mean any and all business and purposes requisite to, necessary…
- § 7021 “Directors” or “governing body” means the board of directors, board of trustees, or other policymaking body of a cemetery association.
- § 7022 “Lot,” “plot,” or “interment plot” means space in a cemetery, used or intended to be used for the interment of human remains. Such terms include and apply to…
- § 7023 “Plot owner,” “owner,” or “lot proprietor,” means any person in whose name an interment plot stands of record as owner, in the office of a cemetery authority.
- § 7024 “Permit for Disposition of Human Remains” includes “burial permit” and is a permit, issued pursuant to law, for the interment, disinterment, removal,…
- § 7025 “Disposition” means the interment, integration into soil, or scattering of human remains within California, or the shipment outside of California, for lawful…
CHAPTER 2. General Provisions §§ 7050.5–7055 · 16 sections
- § 7050.5 (a) Every person who knowingly mutilates or disinters, wantonly disturbs, or willfully removes any human remains in or from any location other than a dedicated…
- § 7051 (a) A person who removes part of any human remains from a place where it has been interred, or from a place where it is deposited while awaiting interment,…
- § 7051.5 A person who removes or possesses dental gold or silver, jewelry, or mementos from human remains without specific written permission of the person or persons…
- § 7052 (a) A person who willfully mutilates, disinters, removes from the place of interment, or commits an act of sexual penetration on, or has sexual contact with,…
- § 7052.5 Notwithstanding the provisions of Section 7052, cremated, reduced, or hydrolyzed human remains may be removed from the place of interment for disposition as…
- § 7053 Every person who arrests, attaches, detains, or claims to detain any human remains for any debt or demand, or upon any pretended lien or charge, or fails to…
- § 7054 (a) (1) Except as authorized pursuant to the sections referred to in subdivision (b), a person who deposits or disposes of human remains in any place, except…
- § 7054.1 Cremated, reduced, or hydrolyzed human remains shall not be removed from the place of cremation, reduction, or hydrolysis, and there shall not be a charge for…
- § 7054.3 Notwithstanding any other provision of law, a recognizable dead human fetus of less than 20 weeks uterogestation not disposed of by interment shall be disposed…
- § 7054.4 Notwithstanding any other provision of law, recognizable anatomical parts, human tissues, anatomical human remains, or infectious waste following conclusion of…
- § 7054.5 (a) Reduced human remains may be disposed of by integration into the topsoil by the person having the right to control the disposition of the remains pursuant… see note
- § 7054.6 (a) Except as provided in subdivision (b), cremated remains or hydrolyzed human remains may be removed in a durable container from the place of cremation,…
- § 7054.7 (a) Except with the express written permission of the person entitled to control the disposition of the remains, no person shall: (1) Cremate the remains of…
- § 7054.8 (a) Except with the express written permission of the person entitled to control the disposition of the remains, no person shall do any of the following: (1)…
- § 7054.9 (a) Except with the express written permission of the person entitled to control the disposition of the reduced human remains, a person shall not do any of the… see note
- § 7055 (a) A person, who for themselves or for another person, inters, cremates, or hydrolyzes a body or permits the same to be done, or removes any remains, other…
CHAPTER 3. Custody, and Duty of Interment §§ 7100–7117.1 · 20 sections
- § 7100 (a) The right to control the disposition of the remains of a deceased person, the location and conditions of interment, and arrangements for funeral goods and…
- § 7100.1 (a) A decedent, prior to death, may direct, in writing, the disposition of his or her remains and specify funeral goods and services to be provided. Unless…
- § 7101 When any decedent leaves an estate in this state, the reasonable cost of interment and an interment plot of sufficient size to constitute a family plot and…
- § 7102 When a person is charged by law with the duty of interment he is entitled to the custody of the remains for the purpose of interment or, with respect to…
- § 7103 (a) Every person, upon whom the duty of interment is imposed by law, who omits to perform that duty within a reasonable time is guilty of a misdemeanor. (b)…
- § 7104 (a) When no provision is made by the decedent, or where the estate is insufficient to provide for interment and the duty of interment does not devolve upon any…
- § 7104.1 If, within 30 days after the coroner notifies or diligently attempts to notify the person responsible for the interment of a decedent’s remains which are in…
- § 7105 (a) If the person or persons listed in paragraphs (1), (3), (4), (5), (6), (7), and (8) of subdivision (a) of Section 7100 who would otherwise have the right…
- § 7106 A cemetery authority may seek an order providing for the interment of the remains of one or more decedents. Where a proceeding is commenced involving the…
- § 7107 Notice of the time and place of the hearing on the petition shall be given as the court may direct. Upon the hearing the court shall make its order providing…
- § 7108 If the coroner is directed to make such interment he shall make it in the manner provided by law for the interment of the indigent dead.
- § 7109 The court shall allow costs and reasonable attorney’s fees to a prevailing plaintiff against all defendants, other than the coroner.
- § 7110 Any person signing any authorization for the interment or cremation of any remains warrants the truthfulness of any fact set forth in the authorization, the…
- § 7111 A cemetery authority or crematory may make an interment or cremation of any remains upon the receipt of a written authorization of a person representing…
- § 7112 No action shall lie against any cemetery authority relating to the cremated remains of any person which have been left in its possession for a period of one…
- § 7113 A cemetery authority or licensed funeral director or a licensed hospital or its authorized personnel may permit or assist, and a physician may perform, an…
- § 7114 Any person who performs, permits or assists at, an autopsy on a dead body without having first obtained (a) the authorization of the deceased in writing,…
- § 7116 (a) Cremated remains or hydrolyzed human remains may be scattered in an area where no local prohibition exists, provided that the cremated remains or…
- § 7117 (a) Cremated remains or hydrolyzed human remains may be taken by boat from any harbor in this state, or by air, and scattered at sea. Cremated remains or…
- § 7117.1 (a) Notwithstanding subdivision (a) of Section 7117, cremated remains may be transferred from a durable container into a scattering urn no more than seven days…
CHAPTER 3.5. Uniform Anatomical Gift Act §§ 7150–7151.40 · 26 sections
- § 7150 This chapter shall be known, and may be cited, as the Uniform Anatomical Gift Act.
- § 7150.10 (a) As used in this chapter, the following terms have the following meanings: (1) “Adult” means an individual who is at least 18 years of age. (2) “Agent”…
- § 7150.15 Subject to Section 7150.35, an anatomical gift of a donor’s body or part may be made during the life of the donor for the purpose of transplantation, therapy,…
- § 7150.20 (a) A donor may make an anatomical gift through any of the following: (1) By authorizing a statement or symbol indicating that the donor has made an anatomical…
- § 7150.25 (a) Subject to Section 7150.35, a donor or other person authorized to make an anatomical gift under Section 7150.15 may amend or revoke an anatomical gift by…
- § 7150.30 (a) An individual may refuse to make an anatomical gift of the individual’s body or part by any of the following: (1) A record signed by either of the…
- § 7150.35 (a) Except as otherwise provided in subdivision (g) and subject to subdivision (f), in the absence of an express, contrary indication by the donor, a person…
- § 7150.40 (a) Subject to subdivisions (b) and (c), and unless barred by Section 7150.30 or 7150.35, an anatomical gift of a decedent’s body or part for the purpose of…
- § 7150.45 (a) A person authorized to make an anatomical gift under Section 7150.40 may make an anatomical gift by a document of gift signed by the person making the gift…
- § 7150.50 (a) An anatomical gift may be made to any of the following persons named in the document of gift: (1) A hospital, accredited medical school, dental school,…
- § 7150.55 (a) All of the following persons shall make a reasonable search of an individual who the person reasonably believes is dead or near death for a document of…
- § 7150.60 (a) A document of gift need not be delivered during the donor’s lifetime to be effective. (b) Upon or after an individual’s death, a person in possession of a…
- § 7150.65 (a) When a hospital refers an individual at or near death to a procurement organization, the organization shall make a reasonable search of the records of the…
- § 7150.70 Each hospital in this state shall enter into agreements or affiliations with procurement organizations for coordination of procurement and use of anatomical…
- § 7150.75 (a) Except as otherwise provided in subdivision (b), a person that, for valuable consideration, knowingly purchases or sells a part for transplantation or…
- § 7150.80 (a) A person that acts in accordance with this chapter or with the applicable anatomical gift law of another state, or attempts in good faith to do so, is not…
- § 7150.85 (a) A document of gift is valid if executed in accordance with any of the following: (1) This chapter. (2) The laws of the state or country where it was…
- § 7150.90 (a) The California organ procurement organizations designated pursuant to Section 273 and following of Title 42 of the United States Code, are hereby…
- § 7151.10 (a) As used in this section the following terms have the following meanings: (1) “Advance health care directive” means a power of attorney for health care or a…
- § 7151.15 (a) A county coroner shall cooperate with procurement organizations to maximize the opportunity to recover anatomical gifts for the purpose of transplantation,…
- § 7151.20 (a) On request from a qualified procurement organization, the county coroner may permit the removal of organs that constitute an anatomical gift from a…
- § 7151.25 In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among…
- § 7151.30 This act modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act (15 U.S.C. Sec. 7001 et seq.), but does not modify,…
- § 7151.35 (a) No hospital, physician and surgeon, procurement organization, or other person shall determine the ultimate recipient of an anatomical gift based upon a…
- § 7151.36 (a) A hospital, physician and surgeon, procurement organization, or other person shall not determine the ultimate recipient of an anatomical gift based solely…
- § 7151.40 (a) If there has been an anatomical gift, a technician may remove any donated parts and an enucleator may remove any donated eyes or parts of eyes, after…
CHAPTER 3.55. Organ and Tissue Donation Information and Procedures §§ 7158–7158.3 · 4 sections
- § 7158 (a) The Controller shall prepare, or cause to be prepared, an organ donor information brochure for insertion in all payroll warrants issued by the Controller…
- § 7158.1 (a) As a part of its ongoing audit and review process, the Licensing and Certification Division of the State Department of Health Services shall audit for the…
- § 7158.2 Every health care service plan contract that is issued, amended, delivered, or renewed on or after July 1, 1999, shall provide, upon enrollment and annually…
- § 7158.3 (a) The following definitions shall apply for purposes of this section: (1) “Cosmetic surgery” means surgery that is performed to alter or reshape normal…
CHAPTER 3.56. Altruistic Living Donor Registry Act §§ 7152–7152.2 · 3 sections
- § 7152 This chapter shall be known, and may be cited, as the Altruistic Living Donor Registry Act of 2010.
- § 7152.1 (a) The Legislature finds and declares all of the following: (1) More than 20,000 Californians are currently waiting for a lifesaving organ transplant, and…
- § 7152.2 (a) The California organ procurement organizations designated pursuant to Section 273 and following of Title 42 of the United States Code, are hereby…
CHAPTER 3.6. Organ Transplants § 7160 · 1 section
- § 7160 (a) The State Department of Health Services shall consult with the Legislature on or before December 31, 1991, to evaluate and make recommendations to improve…
CHAPTER 3.7. Death §§ 7180–7184.5 · 6 sections
ARTICLE 1. Uniform Determination of Death Act § 7180 · 1 section
- § 7180 (a) An individual who has sustained either (1) irreversible cessation of circulatory and respiratory functions, or (2) irreversible cessation of all functions…
ARTICLE 2. Confirmation of Death §§ 7181–7184.5 · 5 sections
- § 7181 When an individual is pronounced dead by determining that the individual has sustained an irreversible cessation of all functions of the entire brain,…
- § 7182 When a part of the donor is used for direct transplantation pursuant to the Uniform Anatomical Gift Act (Chapter 3.5 (commencing with Section 7150)) and the…
- § 7183 Complete patient medical records required of a health facility pursuant to regulations adopted by the department in accordance with Section 1275 shall be kept,…
- § 7184 (a) Each general acute care hospital shall develop a protocol for identifying potential organ and tissue donors. The protocol shall require that any deceased…
- § 7184.5 (a) In conjunction with entering into any agreement with any coroner or medical examiner for release and removal of organs from bodies within that official’s…
CHAPTER 4. Disposal of Unclaimed Dead §§ 7200–7208 · 9 sections
- § 7200 Every head of a public institution, city or county undertaker, or state, county, or city officer having charge or control of remains to be interred at public…
- § 7201 The person in charge of a public institution in which the decedent was an inmate shall transmit upon request, to the state department or to any person…
- § 7202 The unclaimed dead retained by the State department for scientific or educational purposes shall be embalmed and disposed of in accordance with the…
- § 7203 The bodies of the unclaimed dead retained by the State department shall be used solely for the purpose of instruction and study in the promotion of medical,…
- § 7204 All persons receiving unclaimed dead for educational purposes shall bear all reasonable expense incurred in the preservation and transportation of the dead and…
- § 7205 It is unlawful for any person, unless specifically authorized by law, to hold a post mortem examination of any unclaimed dead without the express permission of…
- § 7206 Any person authorized by law to perform post mortem examinations shall permit, with the consent of relatives, or in the absence of such relatives, with the…
- § 7207 Whenever, through the failure of any person to notify the State department, or promptly to deliver the body of a deceased indigent as required by the State…
- § 7208 Every person who unlawfully disposes, uses, or sells the body of an unclaimed dead person, or who violates any provision of this chapter is guilty of a…
CHAPTER 5. Embalming and Transportation §§ 7300–7355 · 6 sections
ARTICLE 1. Embalming §§ 7300–7304 · 5 sections
- § 7300 No person shall embalm the body of any person who has died from an unknown cause, except with the permission of the coroner.
- § 7301 No embalmer shall embalm a dead human body when he has information reasonably indicating crime in connection with the death until permission of the coroner has…
- § 7302 Every funeral director and embalmer shall immediately report to the local health officer every contagious case on which the funeral director or embalmer may be…
- § 7303 No embalmer shall embalm a dead human body when he has information reasonably indicating the death has occurred while the deceased was driving or riding in a…
- § 7304 No embalmer shall embalm a dead body without obtaining written or oral permission of a person who has the right to control the disposition of the remains…
ARTICLE 2. Transportation § 7355 · 1 section
- § 7355 (a) Except as provided in subdivision (b), the bodies of persons who have died from any cause shall not be received for transportation by a common carrier…
PART 2. DISINTERMENT AND REMOVAL §§ 7500–8030 · 85 sections
CHAPTER 1. General Provisions §§ 7500–7528 · 7 sections
ARTICLE 1. Permits §§ 7500–7502 · 3 sections
- § 7500 No remains of any deceased person shall be removed from any cemetery, except upon written order of the health department having jurisdiction, or of the…
- § 7501 A cemetery authority shall not remove or permit the removal of any interred remains, unless a permit for the removal has been issued by the local registrar of…
- § 7502 In the disinterment, transportation and removal of human remains under Chapter 4 of this part a cemetery authority need not obtain a separate permit for the…
ARTICLE 2. Consent to Removal §§ 7525–7528 · 4 sections
- § 7525 The remains of a deceased person may be removed from a plot in a cemetery with the consent of the cemetery authority and the written consent of one of the…
- § 7526 If the required consent can not be obtained, permission by the superior court of the county where the cemetery is situated is sufficient.
- § 7527 Notice of application to the court for such permission shall be given, at least ten days prior thereto, personally, or at least fifteen days prior thereto if…
- § 7528 This article does not apply to or prohibit the removal of any remains from one plot to another in the same cemetery or the removal of remains by a cemetery…
CHAPTER 3. Removal of All Remains: Cities of 1500–100,000 § 7600 · 1 section
- § 7600 The governing body of any city having a population of more than fifteen hundred and not exceeding one hundred thousand, may, by ordinance, and under such rules…
CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 §§ 7700–8005 · 53 sections
ARTICLE 1. Power of Municipality §§ 7700–7701 · 2 sections
- § 7700 The governing body of any city or city and county, having a population of more than one hundred thousand persons, may order the disinterment and removal of all…
- § 7701 The governing body of such city or city and county may in any ordinance ordering or directing the disinterment and removal of such remains prescribe reasonable…
ARTICLE 2. Declaration of Intention by Cemetery Authority §§ 7725–7726 · 2 sections
- § 7725 The cemetery authority of any cemetery from which human remains are ordered removed by an ordinance adopted in accordance with this chapter, may declare its…
- § 7726 Any resolution or declaration of intention to disinter and remove human remains pursuant to this chapter adopted or declared by any cemetery authority shall…
ARTICLE 3. Notice of Intention §§ 7735–7739 · 5 sections
- § 7735 Notice of a declaration of intention to remove the human remains from all or any part of any cemetery shall be given by publication in a newspaper of general…
- § 7736 The notice shall be entitled “Notice of Declaration of Intention to Remove Human Remains from ____ (insert name of cemetery) in accordance with the provisions…
- § 7737 Copies of the notice shall within ten days after the first publication be posted in at least three conspicuous places in the cemetery or the portion from which…
- § 7738 A copy of the notice shall be mailed to every person who owns, holds, or has the right of interment in, any plot in the cemetery or part affected, whose name…
- § 7739 The notice shall also be mailed to each known living heir at law of any person whose remains are interred in the cemetery, if his address is known.
ARTICLE 4. Special Notice to Relative or Friend §§ 7750–7754 · 5 sections
- § 7750 At any time before the date fixed for the removal of remains by the cemetery authority, any relative or friend of any person whose remains are interred in the…
- § 7751 The notice to the cemetery authority shall specify: (a) The name of the person whose remains are to be disinterred. (b) As accurately as possible, the plot…
- § 7752 The notice may be delivered, or forwarded by registered mail, to the office or principal place of business of the cemetery authority proposing to make removals.
- § 7753 After receipt of such notice before the date fixed for the removal of the remains by the cemetery authority, it shall give written notice to the person…
- § 7754 Whenever a request of notice is given by a relative or friend, the cemetery authority shall not disinter the remains referred to until the notice of the time…
ARTICLE 5. Removals by Relatives or Friends §§ 7800–7805 · 6 sections
- § 7800 At any time prior to the removal by a cemetery authority of the remains of any person, any relative or friend of the decedent may voluntarily remove and…
- § 7801 The person desiring to cause the removal shall, prior to removal, deliver to the cemetery authority an affidavit stating the name of the decedent whose remains…
- § 7802 Removal of all remains in a plot without the filing of an affidavit of consent may be caused by any of the following: (a) The purchaser or owner of the plot.…
- § 7803 If the right, title or interest of any grantee of any plot or of the right of interment therein has passed by succession to the heir or heirs at law of the…
- § 7804 Whenever remains are removed by a relative or friend of a decedent, under the provisions of this chapter, the person causing the removal is entitled to remove…
- § 7805 If such appurtenances remain on the plot for more than ninety days after the removal of the last human remains, they may be removed and disposed of by the…
ARTICLE 6. Removal by Cemetery Authority §§ 7850–7852 · 3 sections
- § 7850 After the completion of notice, and after the expiration of the period of ten months specified in the notice, any cemetery authority may cause the removal of…
- § 7851 Whenever any remains are removed from any cemetery or portion of a cemetery pursuant to this chapter by a cemetery authority, they shall be transported to and…
- § 7852 The remains of each person reinterred shall be placed in a separate and suitable receptacle and decently and respectfully interred under rules and regulations…
ARTICLE 7. Disposal of Lands §§ 7900–7906 · 7 sections
- § 7900 Whenever human remains have been ordered removed under this chapter, and the cemetery authority has made and published notice of intention to remove such…
- § 7901 No order of any court shall be required prior to the making of any such sale, mortgage, or other encumbrance of such lands; but any sale of such cemetery lands…
- § 7902 Petitions for confirmation of sales shall be made to the superior court of the county or city and county in which the lands are situated, and the clerk of the…
- § 7903 If prior to the adoption of an ordinance pursuant to this chapter any cemetery authority has in good faith entered into any agreement to sell or has granted…
- § 7904 After the removal of all human remains interred in any part or the whole of the cemetery lands, the cemetery authority may file for record in the office of the…
- § 7905 With the approval of the governing body of the city or city and county in which the cemetery lands are situated, sufficient lands may be reserved from any…
- § 7906 After all remains have been removed from a cemetery in accordance with Chapters 3 and 4, Part 2, Division VII of this code, the dedication may be removed from…
ARTICLE 8. Use of Funds §§ 7925–7933 · 9 sections
- § 7925 Money payable or to become payable as the purchase price or on account of the purchase price of unused lands, or lands from which all remains have been removed…
- § 7926 Whenever any cemetery corporation or association has declared for removal and has published notice of its intention to make removals under this chapter, it may…
- § 7927 From the money remaining in the treasury of the cemetery corporation or association after completing the removal and reinterment of the remains from its…
- § 7928 After making provisions for an endowment care fund to provide for maintenance and care, the governing body of the cemetery corporation or association may use…
- § 7929 Any balance remaining in the fund may be used for such other purposes as the cemetery corporation or association may lawfully declare.
- § 7930 Whenever any cemetery corporation or association having a governing body has caused the removal of remains from all or any portion of its cemetery and has…
- § 7931 In lieu of itself investing, using or applying the funds for care or improvement, the cemetery corporation or association may transfer the funds to any other…
- § 7932 Before any such transfer of funds is made, the cemetery corporation or association shall obtain an order authorizing the transfer from the superior court of…
- § 7933 The order shall be obtained upon petition of the cemetery corporation or association, after such notice by publication as the court may direct, and any member…
ARTICLE 9. New Land, Mausoleum or Columbarium §§ 7950–7955 · 6 sections
- § 7950 Whenever any cemetery authority owning or controlling cemetery lands from which remains are to be removed has acquired the possession or use of any cemetery…
- § 7951 Plots, crypts, or niches may be sold to persons desiring to make reinterments.
- § 7952 The governing body of any cemetery corporation or association may receive and accept as part or full consideration for the purchase price of new plots full or…
- § 7953 After the removal and reinterment of remains disinterred from any cemetery the cemetery authority shall cause to be erected upon or imbedded in any plot in…
- § 7954 The cemetery authority shall prepare a complete map or plat describing and showing the location and subdivision into plots of the cemetery lands where remains…
- § 7955 The map or plan shall be kept on file in the office of the cemetery authority and shall at all times be open to inspection by the relatives or friends of…
ARTICLE 10. Taxation § 7975 · 1 section
- § 7975 When any law or ordinance requires that the remains interred in any cemetery be removed and reinterred elsewhere, no county, town or political subdivision in…
ARTICLE 11. Religious Observances § 7980 · 1 section
- § 7980 The heirs, relatives or friends of any decedent whose remains have been interred in any cemetery owned, governed or controlled by any religious corporation or…
ARTICLE 12. Removal by Counties §§ 8000–8005 · 6 sections
- § 8000 If it appears to the board of supervisors of any county owning a county cemetery that: (a) It is necessary that the property be used for other purposes, and…
- § 8001 Any resolution or declaration for abandonment adopted and made under the provisions of this article shall specify and declare that at any time after the…
- § 8002 At any time before the date fixed for the removal of the remains by the county owning or controlling such cemetery land, any relative or friend of any person…
- § 8003 After the publication and mailing of the notice mentioned in Section 8001 of this code and after the expiration of the 60 days specified in the notice, the…
- § 8004 Whenever the remains of any person shall be removed from any abandoned cemetery by the county owning such abandoned cemetery, such remains shall be transported…
- § 8005 After the removal of all human remains the property may be used, managed and controlled by the board of supervisors as other county property.
CHAPTER 5. California Native American Graves Protection and Repatriation §§ 8010–8030 · 24 sections
ARTICLE 1. General Provisions §§ 8010–8011 · 2 sections
ARTICLE 2. State Cultural Affiliation and Repatriation §§ 8012–8021 · 10 sections
- § 8012 Terms used in this chapter have the same meaning as defined in the federal Native American Graves Protection and Repatriation Act (25 U.S.C. Sec. 3001 et…
- § 8013 (a) On or before January 1, 2021, the commission shall develop a list of all California Indian tribes and their respective state aboriginal territories. The…
- § 8014 (a) A lineal descendent claiming a relationship with, and requesting return of, Native American human remains or cultural items listed in the inventory or…
- § 8015 (a) Upon receiving a written request for repatriation of an item on the inventory, the commission shall forward a copy of the request to the agency or museum…
- § 8016 (a) An agency or museum receiving a repatriation request pursuant to Section 8014 shall repatriate human remains and cultural items if all of the following…
- § 8017 If there is a committee or group of California Indian tribes authorized by their respective tribal governments to accept repatriation of human remains and…
- § 8018 An agency or museum that repatriates human remains and cultural items in good faith pursuant to this chapter is not liable for claims by an aggrieved party or…
- § 8019 Nothing in this section shall be construed to prohibit the governing body of a California Indian tribe or group authorized by Section 8017 from expressly…
- § 8020 Notwithstanding any other provision of law, and upon the request of any party or an intervenor, the commission or designated mediator may close part of a…
- § 8021 The filing of an appeal by either party automatically stays an order of the commission or a designated mediator on repatriation of human remains and cultural…
ARTICLE 3. Conditions on the Use of State Funds for the Handling or Maintenance of Native American Human Remains and Cultural Items §§ 8024–8028.5 · 6 sections
- § 8024 For purposes of this article, “consultation” has the same meaning as defined in Section 65352.4 of the Government Code.
- § 8025 (a) In order to better implement the federal Native American Graves Protection and Repatriation Act (25 U.S.C. Sec. 3001 et seq.) and this chapter, the Regents…
- § 8026 (a) (1) As a condition for using state funds to handle and maintain Native American human remains and cultural items, the Regents of the University of…
- § 8027 The Regents of the University of California may delegate responsibilities pursuant to this article to the President of the University of California or another…
- § 8028 The California State Auditor, in accordance with Chapter 6.5 (commencing with Section 8543) of Division 1 of Title 2 of the Government Code, shall conduct an…
- § 8028.5 The provisions of this article are severable. If any provision of this article or its application is held invalid, that invalidity shall not affect other…
ARTICLE 3.5. Handling, Maintenance, and Repatriation of Native American Human Remains and Cultural Items at the California State University §§ 8028.7–8028.73 · 4 sections
- § 8028.7 (a) In order to better implement the federal Native American Graves Protection and Repatriation Act (25 U.S.C. Sec. 3001 et seq.) and this chapter, the…
- § 8028.71 (a) (1) In order to better implement the federal Native American Graves Protection and Repatriation Act (25 U.S.C. Sec. 3001 et seq.) and this chapter, the…
- § 8028.72 To ensure that each California State University campus has the funding necessary to comply with this chapter, the California State University shall do all of…
- § 8028.73 In alignment with the policy established pursuant to Section 8028.7 and consistent with the federal Native American Graves Protection and Repatriation Act (25…
ARTICLE 4. Penalties and Enforcement Procedures §§ 8029–8030 · 2 sections
- § 8029 (a) Any agency or museum that fails to comply with the requirements of this chapter may be assessed a civil penalty by the commission, not to exceed twenty…
- § 8030 The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other…