CHAPTER 5. Endowment and Special Care [8700. - 8785.]

Heading of Chapter 5 amended by Stats. 1951, Ch. 176.

§§ 8700–8785 · 58 sections

1. ARTICLE 1. Care of Old Cemeteries §§ 8700–8715 · 15 sections

   • § 8700 In addition to those cemeteries to which this part does not apply, this article does not apply to abandoned cemeteries nor to cemeteries in which interments…
   • § 8701 Whenever a majority of the plots in all or any part of a cemetery established prior to August 14, 1931, has been sold without the owner having made provision…
   • § 8702 Application for the alteration or vacation or replatting of all or any portion of an alley, street, avenue, walk, driveway, or park, for plots in the cemetery…
   • § 8703 The application may be by the cemetery authority owning or operating the cemetery or if there is no cemetery authority operating the cemetery, by twenty or…
   • § 8704 The petition shall be verified and shall specify the facts of such ownership and shall state the reasons for the proposed change and what provisions have…
   • § 8705 There shall be presented with the petition a plat of the cemetery and the proposed replat which shall clearly indicate the proposed changes.
   • § 8706 The petition shall be filed with the clerk of the superior court, and the clerk shall fix the time for hearing not less then thirty nor more than sixty days…
   • § 8707 Notice of the hearing shall be given by publishing a copy of the notice in a newspaper of general circulation near the cemetery in the county in which the…
   • § 8708 Copies of the notice shall be posted in three conspicuous places within the cemetery.
   • § 8709 The notice shall: (a) Be addressed to all persons owning or interested in plots in the cemetery but need not name them. (b) Set forth in a general way the…
   • § 8710 At the time fixed for the hearing, the court shall hear and consider any evidence introduced in favor of and all objections to the changes and may allow the…
   • § 8711 The cemetery authority or other person directed by the court shall accept the newly created plots and shall sell and convey them only for interment purposes.
   • § 8713 The vacation of an alley, avenue, roadway, walk, driveway, street, or park adjacent to a privately owned plot does not vest any interest in the owner of the…
   • § 8714 In allowing any damages to any plot owner for such vacation, the court shall take into consideration the benefit to be received from endowment care.
   • § 8715 The provisions of this article are hereby declared to be a necessary exercise of the police power of the State in order to preserve and keep existing…
2. ARTICLE 2. Care of Active Cemeteries §§ 8725–8748 · 30 sections

   • § 8725 A cemetery authority that maintains a cemetery may place its cemetery under endowment care and establish, maintain, and operate an endowment care fund.…
   • § 8726 (a) The principal of all funds for endowment care shall be invested and the income only may be used for the care, maintenance, and embellishment of the…
   • § 8726.1 (a) If a cemetery authority establishes an endowment care fund, the fund shall be subject to a net income distribution method that requires all of the…
   • § 8726.2 (a) On or after January 1, 2021, a cemetery authority, its board of trustees, or its corporate trustee may apply to the Cemetery and Funeral Bureau to convert…
   • § 8726.3 (a) Notwithstanding any other law, the principal of the trust fund of a cemetery and all income from it shall be exempt from seizure, under any writ, mandate,…
   • § 8728 The cemetery authority may from time to time adopt plans for the general care, maintenance, and embellishment of its cemetery, and charge and collect from all…
   • § 8729 Upon payment of the purchase price and the amount fixed as a proportionate contribution for endowment care, there may be included in the deed of conveyance or…
   • § 8730 Upon the application of an owner of any plot, and upon the payment by him of the amount fixed as a reasonable and proportionate contribution for endowment care…
   • § 8731 (a) The cemetery authority may appoint a board of trustees of not less than three in number as trustees of its endowment care fund. The members of the board of…
   • § 8732 Not more than one member of the board of trustees of an endowment care fund may have a proprietary interest in the cemetery authority.
   • § 8732.1 Each individual trustee of an endowment care fund shall be a resident of this State, and a corporate trustee shall be qualified to do business in this State.
   • § 8733 No sum in excess of 5 percent of the net income derived from an endowment care fund, or special care fund, or both, in any year shall be paid as compensation…
   • § 8733.5 In lieu of the appointment of a board of trustees of its endowment care fund, any cemetery authority may appoint as sole trustee of its endowment care fund any…
   • § 8734 (a) Except as provided in subdivisions (b), (c), and (d), the board of trustees or corporate trustee of an endowment care fund or one or more special care…
   • § 8735 A cemetery authority which has established an endowment care fund may take, receive, and hold as a part of or incident to the fund any property, real, personal…
   • § 8736 The endowment care fund and all payments or contributions to it are hereby expressly permitted as and for charitable and eleemosynary purposes. Endowment care…
   • § 8737 No payment, gift, grant, bequest, or other contribution for general endowment care is invalid by reason of any indefiniteness or uncertainty of the persons…
   • § 8738 (a) For purposes of this section, “net price” means the retail price less any discounts the cemetery provides to consumers for the purchase of an interment…
   • § 8738.1 In addition to the requirements of Section 8738 any endowment care cemetery hereafter established shall also have deposited in its endowment care fund the…
   • § 8738.2 The endowment care fund under the provisions of this code shall be kept separate and apart from all other cemetery funds. Separate records and books shall be…
   • § 8739 A nonendowment care cemetery is one that does not have deposited in an endowment care fund the minimum amounts required by law.
   • § 8739.1 Any cemetery established, on or after September 7, 1955, or excluded from the exemption provided in subdivision (c) of Section 8250 by virtue of paragraph (2)…
   • § 8740 A cemetery which otherwise complies with Section 8738 may be designated an endowment care cemetery even though it contains a small section which may be sold…
   • § 8741 Each endowment care cemetery shall post in a conspicuous place at or near the entrance of the cemetery and at its administration building and readily…
   • § 8743 Each nonendowment care cemetery or the Cemetery and Funeral Bureau shall post in a conspicuous place in the office or offices where sales are conducted and in…
   • § 8744 There shall be printed at the head of all contracts, agreements, statements, receipts, literature and other publications of nonendowment care cemeteries the…
   • § 8745 All the information appearing on the signs and report filed in the cemetery office shall be revised annually and verified by the president and secretary, or…
   • § 8746 Any person, partnership, corporation, association, or his, her, or its agents or representatives, who shall violate any of the provisions of this article,…
   • § 8747.5 Each cemetery shall at all times maintain and keep within the State of California all books, accounts, records, cash and evidences of investments of its…
   • § 8748 Where an endowment care mausoleum or mausoleum-columbarium is operated within an endowment care cemetery and the cemetery corporations or cemetery authorities…
3. ARTICLE 3. Investment of Endowment Funds §§ 8750–8751.1 · 3 sections

   • § 8750 Endowment care funds shall not be used for any purpose other than to provide through income only for the reserves authorized by law and for the endowment care…
   • § 8751 The funds shall be invested and reinvested, and kept invested in: (a) Bonds of the United States or this state, or of any county, city and county, or city in…
   • § 8751.1 In addition to the requirements of Section 8751, the funds may be invested and reinvested and kept invested in investments of the type and in the manner as…
4. ARTICLE 4. Special Care §§ 8775–8779.5 · 7 sections

   • § 8775 A cemetery authority which has established an endowment care fund may also take and hold any property bequeathed, granted, or given to it in trust to apply the…
   • § 8776 The sums paid in or contributed to the fund authorized by this article are hereby expressly permitted as and for a charitable and eleemosynary purpose. Such…
   • § 8777 All money or property received by a cemetery authority for deposit in a special care fund shall be placed in the custody of the trustee or trustees thereof…
   • § 8778 The following shall be eligible investments for all special care trusts: (a) Bonds of the United States or this state, or of any county, city, or city and…
   • § 8778.5 Each special care trust fund established pursuant to this article shall be administered in compliance with the following requirements: (a) (1) The board of…
   • § 8779 Nothing in this article shall require liquidation or transmutation of any lawful investment existing on December 31, 1976, but any reinvestment shall be…
   • § 8779.5 Each special care fund established pursuant to this article shall be held in trust and managed by either the board of trustees of the cemetery authority’s…
5. ARTICLE 5. Misrepresentation as to Endowment §§ 8780–8781 · 2 sections

   • § 8780 No person, partnership, corporation, association, or his, her, or its agents or representatives, shall sell, offer for sale, or advertise any plot under…
   • § 8781 It shall be unlawful for a cemetery authority, its officers, employees or agents, or a cemetery broker or salesman to represent that an endowment care fund or…
6. ARTICLE 6. Penalties § 8785 · 1 section

   • § 8785 Any person, partnership, or corporation administering, managing, or having responsibility for endowment care or special care funds who violates the provisions…