ARTICLE 2. Care of Active Cemeteries

Article 2 enacted by Stats. 1939, Ch. 60.

§§ 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…