Health and Safety Code — Part 86 | HSC — United States — California law | Esheria

Health and Safety Code

Part 86 of 87 · provisions 17,001–17,200

This section says the act is to be known as the Health and Safety Code.

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About this statute

The Legislature states findings supporting a unified, single-payer-style health care financing system for all Californians. The State Department of Health Services is renamed the State Department of Health Care Services, and its retained functions continue with the renamed department. The Director of Health Care Services is appointed by the Governor with Senate confirmation, the director receives a salary set by law, and the Governor may appoint up to two chief deputies on the director’s recommendation. The director has the powers of a department head under the cited Government Code chapter. The Department of Health Services has a Division of Rural Health, and that division must administer specified chapters and sections.

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Provisions of Health and Safety Code

Showing 200 of 17,333

  1. 81030.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 12. Compensation [80900 - 81050] ( Chapter 12 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 7. State Recovery from Party Liable for the Loss [81030 - 81040] ( Article 7 added by Stats. 2022, Ch. 257, Sec. 2. )

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    Compensation under this chapter is subject to the state taking, by subrogation, the claimant’s recovery rights against the liable party.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 12. Compensation [80900 - 81050] ( Chapter 12 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 7. State Recovery from Party Liable for the Loss [81030 - 81040] ( Article 7 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 81030. Compensation of any loss pursuant to this chapter shall be subject to the state’s acquiring, by subrogation, all rights of the claimant to recover the loss from the party determined to be liable for the loss. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
  2. 81035.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 12. Compensation [80900 - 81050] ( Chapter 12 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 7. State Recovery from Party Liable for the Loss [81030 - 81040] ( Article 7 added by Stats. 2022, Ch. 257, Sec. 2. )

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    If the Department of General Services asks, the Attorney General must bring an action to recover compensation paid for a loss under this chapter.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 12. Compensation [80900 - 81050] ( Chapter 12 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 7. State Recovery from Party Liable for the Loss [81030 - 81040] ( Article 7 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 81035. Upon the request of the Department of General Services, the Attorney General shall commence an action in the name of the people of the State of California to recover any amount paid in compensation for any loss pursuant to this chapter against any party who is liable to the claimant for any loss compensable pursuant to this chapter in accordance with the procedures set forth in Chapter 8 (commencing with Section 79650). (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
  3. 81040.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 12. Compensation [80900 - 81050] ( Chapter 12 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 7. State Recovery from Party Liable for the Loss [81030 - 81040] ( Article 7 added by Stats. 2022, Ch. 257, Sec. 2. )

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    Money recovered under this article must be deposited in the state account.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 12. Compensation [80900 - 81050] ( Chapter 12 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 7. State Recovery from Party Liable for the Loss [81030 - 81040] ( Article 7 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 81040. Moneys recovered pursuant to this article shall be deposited in the state account. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
  4. 81050.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 12. Compensation [80900 - 81050] ( Chapter 12 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 8. Implementing Rules and Regulations [81050- 81050.] ( Article 8 added by Stats. 2022, Ch. 257, Sec. 2. )

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    The Department of General Services must adopt and update rules and regulations needed to carry out this chapter.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 12. Compensation [80900 - 81050] ( Chapter 12 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 8. Implementing Rules and Regulations [81050- 81050.] ( Article 8 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 81050. The Department of General Services shall, in consultation with the department, adopt, and revise when appropriate, all rules and regulations necessary to implement this chapter, including methods that provide for establishing that a claimant has exercised reasonable diligence in satisfying the conditions specified in Articles 3 (commencing with Section 80940) and 4 (commencing with Section 80970) and Sections 80920 and 80925, and regulations that specify the proof necessary to establish a loss compensable pursuant to this chapter. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
  5. 8110.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [8100 - 8124] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Records [8110 - 8112] ( Chapter 3 enacted by Stats. 1939, Ch. 60. )

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    The person in charge of premises where interments or cremations are made must keep a record of remains and related burial details.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [8100 - 8124] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Records [8110 - 8112] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## 8110. The person in charge of any premises on which interments or cremations are made shall keep a record of all remains interred or cremated and of the interment of remains on the premises under his charge, in each case stating the name of each deceased person, place of death, date of interment, and name and address of the funeral director. (Enacted by Stats. 1939, Ch. 60.)
  6. 8111.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [8100 - 8124] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Records [8110 - 8112] ( Chapter 3 enacted by Stats. 1939, Ch. 60. )

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    The records must at all times be open to official inspection.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [8100 - 8124] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Records [8110 - 8112] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## 8111. The records shall at all times be open to official inspection. (Enacted by Stats. 1939, Ch. 60.)
  7. 8112.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [8100 - 8124] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Records [8110 - 8112] ( Chapter 3 enacted by Stats. 1939, Ch. 60. )

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    Certain records may be kept in original form or reproduced by approved copy methods.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [8100 - 8124] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Records [8110 - 8112] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## 8112. Records required to be kept under Division 7 (commencing with Section 7000) or this division may be kept in original form or by photocopy, microfilm, microfiche, laser disc, or any other method that can produce an accurate reproduction of the original record. (Added by Stats. 1993, Ch. 1232, Sec. 26. Effective January 1, 1994.)
  8. 8113.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [8100 - 8124] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Requirements for Burials [8113 - 8113.7] ( Chapter 3.5 added by Stats. 1992, Ch. 828, Sec. 1. )

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    This chapter applies to all cemeteries and overrides conflicting cemetery rules made by entities that manage or operate cemeteries in the state.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [8100 - 8124] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Requirements for Burials [8113 - 8113.7] ( Chapter 3.5 added by Stats. 1992, Ch. 828, Sec. 1. ) ## 8113. (a) This chapter shall apply to all cemeteries, including, but not limited to, public cemeteries, private cemeteries, and cemeteries operated by religious organizations, or fraternal or beneficial associations or societies. (b) This chapter shall supersede any conflicting rules or regulations established by any entity that manages or operates a cemetery in this state, including, but not limited to, a city, a county, a city and county, a public cemetery district, a cemetery authority, a private corporation, or any organization, association, or society managing or operating a cemetery. (Added by Stats. 1992, Ch. 828, Sec. 1. Effective January 1, 1993.)
  9. 8113.1.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [8100 - 8124] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Requirements for Burials [8113 - 8113.7] ( Chapter 3.5 added by Stats. 1992, Ch. 828, Sec. 1. )

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    Burials generally must have at least 18 inches of dirt or turf over vaults or caskets, with stated exceptions.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [8100 - 8124] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Requirements for Burials [8113 - 8113.7] ( Chapter 3.5 added by Stats. 1992, Ch. 828, Sec. 1. ) ## 8113.1. (a) Except as provided in subdivisions (b) and (c), there shall be no less than 18 inches of dirt or turf on top of all vaults or caskets as measured at the time of burial. (b) Cremated remains placed in an urn or urn vault and covered with at least three-quarters of an inch of concrete, brass, granite, marble, or metal plate, affixed to the urn or urn vault shall be exempt from the requirement of subdivision (a). (c) In the case of consensual double burials, the casket or vault that is on top shall be covered with at least 12 inches of dirt or turf as measured at the time of burial. (d) In a case of extreme hardship, upon request of the next of kin or other person responsible for making the burial arrangements for the deceased, a burial of less than 18, but not less than 12 inches may be provided. (Added by Stats. 1992, Ch. 828, Sec. 1. Effective January 1, 1993.)
  10. 8113.3.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [8100 - 8124] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Requirements for Burials [8113 - 8113.7] ( Chapter 3.5 added by Stats. 1992, Ch. 828, Sec. 1. )

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    This chapter does not apply to certain burial structures, including mausoleums, crypts, vaults, and similar structures designed for installation without an earthen cover.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [8100 - 8124] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Requirements for Burials [8113 - 8113.7] ( Chapter 3.5 added by Stats. 1992, Ch. 828, Sec. 1. ) ## 8113.3. (a) This chapter shall not apply to mausoleums, crypts, vaults, or other burial structures designed and constructed to be installed without an earthen cover. (b) Preexisting and presold vaults and lawn crypts that were in place on January 1, 1993, or for which sales agreements have been executed prior to that date, shall not be subject to this chapter. (Added by Stats. 1992, Ch. 828, Sec. 1. Effective January 1, 1993.)
  11. 8113.4.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [8100 - 8124] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Requirements for Burials [8113 - 8113.7] ( Chapter 3.5 added by Stats. 1992, Ch. 828, Sec. 1. )

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    Cemeteries must pay the costs of reburial when remains were improperly interred in an already occupied grave or with too little required covering, for burials after January 1, 1993.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [8100 - 8124] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Requirements for Burials [8113 - 8113.7] ( Chapter 3.5 added by Stats. 1992, Ch. 828, Sec. 1. ) ## 8113.4. Cemeteries shall be liable for the costs of reburial of any remains improperly interred in already occupied graves or interred with less than the amount of turf, dirt, or other covering, as required by this chapter, for burials occurring after January 1, 1993. (Added by Stats. 1992, Ch. 828, Sec. 1. Effective January 1, 1993.)
  12. 8113.5.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [8100 - 8124] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Requirements for Burials [8113 - 8113.7] ( Chapter 3.5 added by Stats. 1992, Ch. 828, Sec. 1. )

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    A person generally may not bury more than one body in a single plot or place remains in an occupied grave unless there is express written permission or both parties consent to a double burial.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [8100 - 8124] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Requirements for Burials [8113 - 8113.7] ( Chapter 3.5 added by Stats. 1992, Ch. 828, Sec. 1. ) ## 8113.5. (a) Except with the express written permission of the person entitled to control the disposition of the remains, or in the case of a double burial consented to by both parties, no person shall knowingly or willfully inter the remains of more than one body in a single plot, or place a casket or other human remains in an already occupied grave. (b) Violation of subdivision (a) is a crime punishable as follows: (1) A first offense, or a second offense not committed within a year of the first, is punishable as a misdemeanor by imprisonment in a county jail not exceeding one year. (2) A second offense committed within a year of the first offense is punishable as a misdemeanor or a felony by imprisonment in a county jail not exceeding one year, or pursuant to subdivision (h) of Section 1170 of the Penal Code. (3) A third or subsequent offense shall be punishable as a felony by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code. (Amended by Stats. 2011, Ch. 15, Sec. 143. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  13. 8113.6.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [8100 - 8124] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Requirements for Burials [8113 - 8113.7] ( Chapter 3.5 added by Stats. 1992, Ch. 828, Sec. 1. )

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    A cemetery that violates this chapter’s requirements may face disciplinary action by the Cemetery and Funeral Bureau.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [8100 - 8124] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Requirements for Burials [8113 - 8113.7] ( Chapter 3.5 added by Stats. 1992, Ch. 828, Sec. 1. ) ## 8113.6. Notwithstanding any other provision of law, any cemetery that violates any of the requirements of this chapter shall be subject to disciplinary action by the Cemetery and Funeral Bureau. (Amended by Stats. 2000, Ch. 568, Sec. 244. Effective January 1, 2001.)
  14. 8113.7.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [8100 - 8124] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Requirements for Burials [8113 - 8113.7] ( Chapter 3.5 added by Stats. 1992, Ch. 828, Sec. 1. )

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    The limitation period for a criminal violation of Section 8113.5 starts when the violation is discovered.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [8100 - 8124] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Requirements for Burials [8113 - 8113.7] ( Chapter 3.5 added by Stats. 1992, Ch. 828, Sec. 1. ) ## 8113.7. Notwithstanding any other provision of law, the statute of limitations for any individual’s criminal violation of Section 8113.5 shall begin to run at the time the violation is discovered. (Added by Stats. 1996, Ch. 371, Sec. 1. Effective January 1, 1997.)
  15. 8115.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [8100 - 8124] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Local Regulation of Cemeteries [8115- 8115.] ( Chapter 4 added by Stats. 1976, Ch. 525. )

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    City or county governing bodies may adopt ordinances setting cemetery burial, inurnment, entombment, and maintenance standards.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [8100 - 8124] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Local Regulation of Cemeteries [8115- 8115.] ( Chapter 4 added by Stats. 1976, Ch. 525. ) ## 8115. The governing body of any city or county, in the exercise of its police power, may by ordinance prescribe such standards governing burial, inurnment, and entombment and such standards of maintenance for cemeteries, including mausoleums and columbariums, as it shall determine to be reasonably necessary to protect the public health or safety, assure decent and respectful treatment of human remains, or prevent offensive deterioration of cemetery grounds, structures, and places of interment. Such standards may be made applicable to every public and private cemetery within the city or county. Nothing in this section supersedes any provision of this division or Division 7 (commencing with Section 7000) or authorizes the adoption of local standards in conflict with such provisions, except that city or county ordinances adopted pursuant to this section shall prevail over the rules and regulations of any private or public cemetery to the extent of any conflict. (Added by Stats. 1976, Ch. 525.)
  16. 8117.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [8100 - 8124] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.5. Maintenance of Cemetery Grounds [8117 - 8118] ( Chapter 4.5 added by Stats. 2013, Ch. 635, Sec. 3. )

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    Hose bibs may be used at cemeteries that are supplied with disinfected tertiary treated recycled water.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [8100 - 8124] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.5. Maintenance of Cemetery Grounds [8117 - 8118] ( Chapter 4.5 added by Stats. 2013, Ch. 635, Sec. 3. ) ## 8117. Hose bibs are approved for use at cemeteries supplied with disinfected tertiary treated recycled water. (Added by Stats. 2013, Ch. 635, Sec. 3. (AB 803) Effective January 1, 2014.)
  17. 8118.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [8100 - 8124] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.5. Maintenance of Cemetery Grounds [8117 - 8118] ( Chapter 4.5 added by Stats. 2013, Ch. 635, Sec. 3. )

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    A cemetery using disinfected tertiary treated recycled water must post visible signage and labeling saying the water is nonpotable when it installs a hose bib in a publicly accessible area.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [8100 - 8124] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.5. Maintenance of Cemetery Grounds [8117 - 8118] ( Chapter 4.5 added by Stats. 2013, Ch. 635, Sec. 3. ) ## 8118. A cemetery supplied with disinfected tertiary treated recycled water that installs a hose bib in an area subject to access by the general public shall post signage and labeling visible to the general public that the water is nonpotable. The signage and labeling shall be regularly inspected by the water purveyor, as defined in Section 512 of the Water Code, to ensure that the general public has proper notice of this fact. (Added by Stats. 2013, Ch. 635, Sec. 3. (AB 803) Effective January 1, 2014.)
  18. 8120.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [8100 - 8124] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Change In Use [8120- 8120.] ( Chapter 5 added by Stats. 1988, Ch. 1440, Sec. 2. )

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    The cemetery authority must give written notice to purchasers of interment rights about their ability to receive notice of a proposed change in the cemetery’s use.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [8100 - 8124] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Change In Use [8120- 8120.] ( Chapter 5 added by Stats. 1988, Ch. 1440, Sec. 2. ) ## 8120. (a) On or after January 1, 1990, the cemetery authority shall provide written notice to each person who purchases or agrees to purchase interment rights in the cemetery of that person’s ability to receive notice, pursuant to Section 65096 of the Government Code, of a proposed change in the use of the cemetery for other than cemetery purposes. Irrespective of any other provisions of the law, this section refers to all cemeteries in the State of California. (b) The written notice shall be substantially as follows: “State law gives you the right to know about future plans to use this cemetery for any other purpose. If you want to receive information about a future change, you must contact the local planning office and pay a small fee.” (Added by Stats. 1988, Ch. 1440, Sec. 2.)
  19. 8122.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [8100 - 8124] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6. Veteran’s Commemorative Property [8122 - 8124] ( Chapter 6 added by Stats. 2012, Ch. 774, Sec. 1. )

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    This section defines “veteran” and “veteran’s commemorative property” for this chapter.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [8100 - 8124] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6. Veteran’s Commemorative Property [8122 - 8124] ( Chapter 6 added by Stats. 2012, Ch. 774, Sec. 1. ) ## 8122. For purposes of this chapter, the following definitions shall apply: (a) “Veteran” means a living or deceased person who meets all of the following conditions: (1) Either served in the active military or naval service of the United States during a war in which the United States was engaged, or served in active duty in a force of any organized state militia, not including the inactive National Guard and not including the California National Guard when in an inactive, full-time status. (2) Was released from the service otherwise than by dishonorable discharge or was furloughed to the reserve. (b) “Veteran’s commemorative property” means any monument, headstone, marker, memorial, plaque, statue, vase, urn, flagholder, badge, or shield that meets all of the following conditions: (1) Identifies or commemorates any veteran or group of veterans, including, but not limited to, any veterans’ organization or any military unit, company, battalion, or division. (2) Is located in any cemetery. (Added by Stats. 2012, Ch. 774, Sec. 1. (AB 1225) Effective January 1, 2013.)
  20. 8123.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [8100 - 8124] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6. Veteran’s Commemorative Property [8122 - 8124] ( Chapter 6 added by Stats. 2012, Ch. 774, Sec. 1. )

    Verify source ↗

    This section generally forbids selling, trading, or transferring veteran’s commemorative property, unless subdivision (b) or Section 8124 allows it.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [8100 - 8124] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6. Veteran’s Commemorative Property [8122 - 8124] ( Chapter 6 added by Stats. 2012, Ch. 774, Sec. 1. ) ## 8123. (a) Except as provided in subdivision (b) and Section 8124, no person or entity shall sell, trade, or transfer veteran’s commemorative property. (b) Any person, unincorporated association, cemetery corporation, or religious corporation, except a municipal corporation described in Section 8137, that owns or controls a cemetery where any veteran’s commemorative property has been placed that wishes to sell, trade, or transfer veteran’s commemorative property shall petition the superior court in the county in which the veteran’s commemorative property is located for permission to sell, trade, or transfer all or any part of the veteran’s commemorative property. The court may approve the sale, trade, or transfer of the veteran’s commemorative property under any of the following conditions: (1) The veteran’s commemorative property is at reasonable risk of physically deteriorating so that it will become unrecognizable as identifying or commemorating the veteran or group of veterans originally identified or commemorated thereby and the veteran’s commemorative property that is to be sold, traded, or transferred is replaced at its original site by a fitting replacement commemorative property, monument, or marker that appropriately identifies and commemorates the veteran or group of veterans. (2) The veteran’s commemorative property is proposed to be sold, traded, or transferred to a suitable person that will preserve the current condition of the veteran’s commemorative property and place the veteran’s commemorative property in a suitable place that will commemorate the veteran or group of veterans. (3) The petitioner needs to sell, trade, or transfer the veteran’s commemorative property to ensure that sufficient funds are available to suitably maintain the cemetery where the veteran’s commemorative property was placed, and the specific lot, plot, grave, burial place, niche, crypt, or other place of interment of a veteran or group of veterans, so that the place will retain the respect that these hallowed places deserve. (4) If the veteran’s commemorative property to be sold, traded, or transferred is reasonably known to the petitioner to have been donated to the petitioner by any veterans’ organization, historical organization, civic organization, or an individual, the sale, trade, or transfer shall have been consented to by that veterans’ organization, historical organization, civic organization, or individual. (5) If the petitioner is not the owner of the veteran’s commemorative property that is to be sold, traded, or transferred, the petitioner is authorized by the owner of the veteran’s commemorative property to engage in the sale, trade, or transfer. (6) By operation of any other law authorizing the sale, trade, or transfer of the veteran’s commemorative property. (c) A petition under subdivision (b) shall be filed with the clerk of the superior court. Upon receipt of the petition, the clerk shall fix the time and date for the hearing. The date fixed for the hearing shall be within a reasonable time after the petition is filed. (d) The petitioner shall serve notice of the hearing and a copy of the petition upon the persons and entities mentioned in paragraphs (1) to (6), inclusive, of subdivision (e) who could reasonably be ascertained and contacted by the petitioner and upon any other person as may be directed by the court. Service of the notice of hearing and petition shall be made in a manner and by a date as shall be specified by the court. (e) At the hearing held pursuant to subdivision (c), the following persons and entities, or their representatives, may be heard: (1) The petitioner. (2) Any person, other than the petitioner, who is the owner of the veteran’s commemorative property in question. (3) Any veterans’ organization, historical organization, civic organization, or individual that donated the veteran’s commemorative property in question to the petitioner. (4) The family of each veteran at whose lot, plot, grave, burial place, niche, crypt, or other place of interment the veteran’s commemorative property in question is or was placed. (5) The Division of Veterans Services within the Department of Veterans Affairs. (6) The Department of Parks and Recreation. (7) Any other member of the public who would like to offer written or oral testimony. (f) Testimony may be heard in person or by counsel or submitted in writing. (g) An order of the court granting the petition, in whole or in part, or modifying the petition, may, at the discretion of the court, specify the manner in which the petitioner is to use or apply the proceeds of the sale, trade, or transfer. In particular, but not by way of limitation, if the petitioner is an unincorporated association or corporation that is subject to the Nonprofit Corporation Law (Division 2 (commencing with Section 5000) of Title 1 of the Corporations Code), any order of the court granting the petition, in whole or in part, or modifying the petition, may, at the discretion of the court, specify that the petitioner deposit the proceeds of the sale, trade, or transfer in the permanent maintenance fund maintained by the petitioner pursuant to the Nonprofit Corporation Law. (h) A person who violates any provision of this section is guilty of a misdemeanor punishable by a fine of not less than one hundred dollars ($100) or more than one thousand dollars ($1,000) or by imprisonment in a county jail for not less than 10 days or more than six months, or by both that fine and imprisonment; and in addition is liable for all costs, expenses, and disbursements paid or incurred by the person prosecuting the case. (Added by Stats. 2012, Ch. 774, Sec. 1. (AB 1225) Effective January 1, 2013.)
  21. 8124.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [8100 - 8124] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6. Veteran’s Commemorative Property [8122 - 8124] ( Chapter 6 added by Stats. 2012, Ch. 774, Sec. 1. )

    Verify source ↗

    This section says the chapter does not bar a cemetery corporation or funeral establishment from selling new veteran’s commemorative property.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [8100 - 8124] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6. Veteran’s Commemorative Property [8122 - 8124] ( Chapter 6 added by Stats. 2012, Ch. 774, Sec. 1. ) ## 8124. Nothing in this chapter shall be interpreted to prohibit a cemetery corporation or funeral establishment from selling new veteran’s commemorative property on either an at-need or pre-need basis. (Added by Stats. 2012, Ch. 774, Sec. 1. (AB 1225) Effective January 1, 2013.)
  22. 8125.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 2. PUBLIC CEMETERIES [8125 - 8137] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. General Provisions [8125 - 8137] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Incorporated cities, or county supervisors for unincorporated towns, may set aside up to five acres of public land near the city or town for burial purposes.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 2. PUBLIC CEMETERIES [8125 - 8137] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. General Provisions [8125 - 8137] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 8125. Incorporated cities, and for unincorporated towns the supervisors of the county, may survey, lay out, and dedicate for burial purposes not exceeding five acres of public lands situated in or near the city or town. The survey, description, and a certified copy of the order made constituting the land a cemetery shall be recorded in the recorder’s office of the county in which it is located. (Amended by Stats. 1939, Ch. 339.)
  23. 8125.5.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 2. PUBLIC CEMETERIES [8125 - 8137] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. General Provisions [8125 - 8137] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The City of Simi Valley may acquire and use at least five acres of public land as a public cemetery.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 2. PUBLIC CEMETERIES [8125 - 8137] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. General Provisions [8125 - 8137] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 8125.5. The City of Simi Valley may survey, lay out, dedicate, own, and operate for burial purposes, or may purchase, or receive by gift or donation, five acres or more of public lands to be used as a public cemetery. (Added by Stats. 2008, Ch. 126, Sec. 1. Effective January 1, 2009.)
  24. 8126.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 2. PUBLIC CEMETERIES [8125 - 8137] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. General Provisions [8125 - 8137] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    If land near a city has been used continuously as a cemetery for five years, title vests in the city’s inhabitants, and the land may be used only as a public cemetery.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 2. PUBLIC CEMETERIES [8125 - 8137] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. General Provisions [8125 - 8137] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 8126. The title to lands situated in or near any city and used by the inhabitants without interruption as a cemetery for five years is vested in the inhabitants of the city and the lands shall not be used except as a public cemetery. (Amended by Stats. 1939, Ch. 339.)
  25. 8127.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 2. PUBLIC CEMETERIES [8125 - 8137] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. General Provisions [8125 - 8137] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Inhabitants of a city may buy or receive up to five acres of land for a cemetery, and once the land is dedicated for burial use it cannot be used for anything else.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 2. PUBLIC CEMETERIES [8125 - 8137] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. General Provisions [8125 - 8137] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 8127. The inhabitants of any city may by subscription or otherwise purchase or receive by gift or donation, lands not exceeding five acres to be used as a cemetery, the title to be vested in the inhabitants, which lands when once dedicated to use for burial purposes, shall not thereafter be used for any other purpose. (Amended by Stats. 1939, Ch. 339.)
  26. 8128.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 2. PUBLIC CEMETERIES [8125 - 8137] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. General Provisions [8125 - 8137] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A public cemetery’s governing body must require a burial register to be kept, and the register must be open to public inspection.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 2. PUBLIC CEMETERIES [8125 - 8137] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. General Provisions [8125 - 8137] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 8128. The governing body having control of a public cemetery shall require a register of name, age, birthplace, date of death, and burial of every body interred therein, to be kept by the sexton or other officer. The register shall be open to public inspection. (Enacted by Stats. 1939, Ch. 60.)
  27. 8129.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 2. PUBLIC CEMETERIES [8125 - 8137] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. General Provisions [8125 - 8137] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Public cemeteries of cities, towns, neighborhoods, and certain associations must be enclosed and laid out into plots.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 2. PUBLIC CEMETERIES [8125 - 8137] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. General Provisions [8125 - 8137] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 8129. The public cemeteries of cities, towns, or neighborhoods or of fraternal or beneficial associations or societies shall be inclosed and laid off into plots. (Enacted by Stats. 1939, Ch. 60.)
  28. 8130.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 2. PUBLIC CEMETERIES [8125 - 8137] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. General Provisions [8125 - 8137] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The city that owns a cemetery controls the management, conduct, and regulation of burials, plot disposition, and keeping plots in order.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 2. PUBLIC CEMETERIES [8125 - 8137] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. General Provisions [8125 - 8137] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 8130. The general management, conduct, and regulation of burials, the disposition of plots, and keeping the plots in order, are under the jurisdiction and control of the city owning the cemetery. (Amended by Stats. 1939, Ch. 339.)
  29. 8131.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 2. PUBLIC CEMETERIES [8125 - 8137] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. General Provisions [8125 - 8137] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Public cemeteries not owned by a city or certain associations are under the county board of supervisors’ jurisdiction and control.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 2. PUBLIC CEMETERIES [8125 - 8137] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. General Provisions [8125 - 8137] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 8131. If not owned by a city or by a fraternal or beneficial association or society, public cemeteries are under the jurisdiction and control of the board of supervisors of the county in which they are situated. (Enacted by Stats. 1939, Ch. 60.)
  30. 8132.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 2. PUBLIC CEMETERIES [8125 - 8137] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. General Provisions [8125 - 8137] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Public cemeteries of fraternal or beneficial associations or societies are controlled and managed by those associations or societies, or by trustees they appoint.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 2. PUBLIC CEMETERIES [8125 - 8137] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. General Provisions [8125 - 8137] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 8132. Public cemeteries of fraternal or beneficial associations or societies are under the jurisdiction of and controlled and managed by the associations or societies or by trustees appointed by them. (Enacted by Stats. 1939, Ch. 60.)
  31. 8133.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 2. PUBLIC CEMETERIES [8125 - 8137] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. General Provisions [8125 - 8137] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Cemetery authorities may make and enforce general rules, appoint officers, and give them necessary powers and duties.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 2. PUBLIC CEMETERIES [8125 - 8137] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. General Provisions [8125 - 8137] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 8133. The authorities having jurisdiction and control of cemeteries may make and enforce general rules and regulations, and appoint sextons or other officers to enforce obedience to the rules and regulations, with such powers and duties regarding the cemetery as may be necessary. (Enacted by Stats. 1939, Ch. 60.)
  32. 8134.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 2. PUBLIC CEMETERIES [8125 - 8137] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. General Provisions [8125 - 8137] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Streets, alleys, or roads cannot be opened or laid out through certain cemeteries unless the cemetery owner and controller consents.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 2. PUBLIC CEMETERIES [8125 - 8137] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. General Provisions [8125 - 8137] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 8134. No streets, alleys, or roads shall be opened or laid out within the boundary lines of any cemetery located in whole or in part within the lines of any city or city and county where burials in the cemetery have been had within five years prior thereto, without the consent of the person owning and controlling the cemetery. (Added by Stats. 1953, Ch. 83.)
  33. 8135.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 2. PUBLIC CEMETERIES [8125 - 8137] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. General Provisions [8125 - 8137] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The Department of Water Resources may sell cemetery plots it owns on a nonendowment care basis to certain close relatives of a person buried there.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 2. PUBLIC CEMETERIES [8125 - 8137] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. General Provisions [8125 - 8137] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 8135. Notwithstanding any other provision of law, the Department of Water Resources may sell plots in any cemetery which is owned by the department on a nonendowment care basis to a relative of the third degree or less of any person buried in such cemetery. (Added by Stats. 1968, Ch. 816.)
  34. 8136.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 2. PUBLIC CEMETERIES [8125 - 8137] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. General Provisions [8125 - 8137] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A city that owns and operates a cemetery may ask the superior court to declare a cemetery plot abandoned if the owner is unknown and at least 50 years have passed since any part of the plot was used for interment.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 2. PUBLIC CEMETERIES [8125 - 8137] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. General Provisions [8125 - 8137] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 8136. Any city, including a chartered city, that owns and operates a cemetery may maintain a proceeding in the superior court of the county in which the cemetery is located to have any plot in the cemetery declared abandoned if the present owner of the plot is unknown to the city and a period of at least 50 years has passed since any portion of the plot has been used for interment purposes. The proceeding shall be initiated and conducted in the same manner as prescribed by Section 9069, except that any reference in that section to a public cemetery district shall be deemed to be a reference to the city for purposes of this section. (Amended by Stats. 2003, Ch. 57, Sec. 3.5. Effective January 1, 2004.)
  35. 8137.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 2. PUBLIC CEMETERIES [8125 - 8137] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. General Provisions [8125 - 8137] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A city, county, or city-and-county cemetery may not sell monuments or markers, and the cemetery’s day-to-day officers and employees may not do that private business either.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 2. PUBLIC CEMETERIES [8125 - 8137] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. General Provisions [8125 - 8137] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 8137. A cemetery owned and operated by a city, county, or city and county shall not engage in the business of selling monuments or markers, and its officers and employees who manage, operate, or otherwise maintain such cemetery on a day-to-day basis shall not engage in the private business of selling monuments or markers. (Added by Stats. 1980, Ch. 161.)
  36. 8250.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. General Provisions [8250 - 8253] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    This section excludes certain cemeteries and related religious organizations from the rest of this part, with some exceptions for private or fraternal burial parks.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. General Provisions [8250 - 8253] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 8250. Except as provided in subdivision (c) of this section, the provisions of this part do not apply to any of the following: (a) Any religious corporation, church, religious society or denomination, a corporation sole administering temporalities of any church or religious society or denomination, or any cemetery organized, controlled, and operated by any of them. (b) Any public cemetery. (c) Any private or fraternal burial park not exceeding 10 acres in area, heretofore established; provided, however, (1) that the provisions of Chapter 6 (commencing at Section 8800) and Chapter 7 (commencing at Section 8825) of this part are applicable thereto, and (2) all of the provisions of this part shall apply to any such cemetery that collects a care, maintenance or embellishment deposit or funds for commodities or services. (Amended by Stats. 1972, Ch. 1269.)
  37. 8250.5.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. General Provisions [8250 - 8253] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    This section defines “public cemetery” for Section 8250 as a cemetery owned and operated by a city, county, city and county, or public cemetery district.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. General Provisions [8250 - 8253] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 8250.5. As used in Section 8250 of this code, a public cemetery is a cemetery owned and operated by a city, county, city and county, or public cemetery district. (Added by Stats. 1953, Ch. 386.)
  38. 8251.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. General Provisions [8250 - 8253] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    This section says Part 3 does not change the corporate existence or rights of cemeteries organized under laws in place before August 14, 1931.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. General Provisions [8250 - 8253] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 8251. The provisions of this part do not affect the corporate existence of any cemetery organized under any law then existing prior to August 14, 1931, and as to such cemeteries, and their rights, the laws under which the corporation was organized and existed and under which such rights became vested are applicable. (Enacted by Stats. 1939, Ch. 60.)
  39. 8252.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. General Provisions [8250 - 8253] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Certain persons and entities may not run a cemetery business in this state except through a properly organized corporation or limited liability company.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. General Provisions [8250 - 8253] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 8252. It is unlawful for any corporation, copartnership, firm, trust, association, or individual to engage in or transact any of the businesses of a cemetery within this state except by means of a corporation or limited liability company duly organized for these purposes. (Amended by Stats. 2008, Ch. 114, Sec. 4. Effective January 1, 2009.)
  40. 8253.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. General Provisions [8250 - 8253] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The section says the powers, privileges, duties, and restrictions of covered entities are enlarged or modified as needed to match this part.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. General Provisions [8250 - 8253] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 8253. The powers, privileges, duties and restrictions conferred and imposed upon any corporation, firm, copartnership, association, trust or individual, existing and doing business under the laws of this State, are hereby enlarged or modified as each particular case may require to conform to the provisions of this part notwithstanding anything to the contrary in their respective articles of incorporation, charter or other evidence of organization. (Enacted by Stats. 1939, Ch. 60.)
  41. 8275.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Operation and Management [8275 - 8396] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General Provisions [8275 - 8279] ( Article 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A private corporation authorized by its articles may establish and run a cemetery.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Operation and Management [8275 - 8396] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General Provisions [8275 - 8279] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 8275. Any private corporation authorized by its articles so to do, may establish, maintain, manage, improve, or operate a cemetery, and conduct any or all of the businesses of a cemetery, either for or without profit to its members or stockholders. (Enacted by Stats. 1939, Ch. 60.)
  42. 8276.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Operation and Management [8275 - 8396] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General Provisions [8275 - 8279] ( Article 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A cemetery authority must charge the same amounts for certain grave marker or monument-related services regardless of who sold the marker or monument, and must list those charges separately in the sale contract when applicable.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Operation and Management [8275 - 8396] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General Provisions [8275 - 8279] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 8276. Charges made by a cemetery authority for foundations, for setting of or permitting the setting of, or for endowment care of, grave markers or monuments, shall be uniform whether the marker or monument sale was made by the cemetery authority or by another person, firm, or corporation. The amount charged for the marker or monument, the foundation, the setting, permitting the setting and the deposit for endowment care, shall be separately stated, in the contract of sale, when applicable. (Added by Stats. 1961, Ch. 711.)
  43. 8277.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Operation and Management [8275 - 8396] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General Provisions [8275 - 8279] ( Article 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Cemetery authority contracts for selling interment plots, services, or merchandise must be in writing and must include all party agreements and specified disclosures.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Operation and Management [8275 - 8396] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General Provisions [8275 - 8279] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 8277. Every contract of a cemetery authority, including contracts executed in behalf thereof by a cemetery broker or salesperson, which provides for the sale by the cemetery authority of an interment plot or any service or merchandise, shall be in writing and shall contain all of the agreements of the parties. The contract shall include and disclose the following: (a) The total contract price. (b) Terms of payment, including any promissory notes or other evidences of indebtedness. (c) An itemized statement of charges including, as applicable, the following: (1) Charges for an interment plot. (2) Charges for performing burial, entombment, or inurnment. (3) Charges for a monument or marker. (4) Charges for any services to be rendered in connection with any religious or other observance at the site of interment or in any facility maintained by the cemetery. (5) Amounts to be deposited in any endowment care or special care fund. (6) Charges for any insurance to be provided in connection with the contract. (7) Any other charges, which shall be particularized. (8) Space and location sold. (Amended by Stats. 2003, Ch. 874, Sec. 35. Effective January 1, 2004.)
  44. 8278.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Operation and Management [8275 - 8396] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General Provisions [8275 - 8279] ( Article 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A purchaser may cancel a cemetery contract within 5 calendar days, and the cemetery authority or broker must refund any money or property received if cancellation is valid.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Operation and Management [8275 - 8396] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General Provisions [8275 - 8279] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 8278. In addition to any right of rescission which the purchaser may have under law, a purchaser entering into a contract with a cemetery broker, salesman, or authority for the provision of an interment plot or any service or merchandise, may cancel such contract without payment of a revocation fee or other penalty, within five calendar days after the purchaser signs it, by giving written notice of cancellation to the seller at the address specified in the contract. The notice need not be in any particular form, but shall indicate the purchaser’s intent not to be bound by the contract. Notice of cancellation, if given by mail, is effective when deposited in the mail properly addressed with postage prepaid. Every such contract shall contain in immediate proximity to the space reserved for the purchaser’s signature, in a size equal to at least 10-point bold type, the following statement: “You, the purchaser, may cancel this transaction at any time prior to midnight of the fifth calendar day after the date of this transaction, provided no interment or substantial service or merchandise has been provided hereunder. To cancel, deliver or mail written notice of your intent to (name and address of cemetery authority or cemetery broker).” Upon receipt of a valid notice of cancellation pursuant to this section, the cemetery authority or broker having custody of any money or property paid or transmitted by the purchaser on account of the preneed interment contract shall return such money or property to the purchaser. The cemetery authority or broker shall promptly notify the trustee if any such money or property has been transmitted thereto prior to receipt of the notice of cancellation. It shall be unlawful for any person to retain money or property received from a purchaser under such contract more than five business days after receiving or being apprised of a valid notice of cancellation. Notwithstanding other provisions of this section, the right of cancellation granted hereby shall not be applicable if an interment has been made, or substantial services or merchandise provided, under the terms of the contract. This section shall supersede existing provisions of Sections 1689.6 to 1689.11, inclusive, of the Civil Code. (Added by Stats. 1976, Ch. 729.)
  45. 8279.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Operation and Management [8275 - 8396] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General Provisions [8275 - 8279] ( Article 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A cemetery authority must comply with the Mausoleum and Columbarium Law.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Operation and Management [8275 - 8396] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General Provisions [8275 - 8279] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 8279. A cemetery authority shall comply with the Mausoleum and Columbarium Law (Part 5 (commencing with Section 9501)). (Added by Stats. 1999, Ch. 207, Sec. 1. Effective January 1, 2000.)
  46. 8300.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Operation and Management [8275 - 8396] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Rules and Regulations [8300 - 8309] ( Article 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A cemetery authority may make and enforce rules for cemetery use and management, but it may not require a marker or monument to be bought from or through the authority as a condition of erection.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Operation and Management [8275 - 8396] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Rules and Regulations [8300 - 8309] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 8300. (a) A cemetery authority may make, adopt, amend, add to, revise, or modify, and enforce rules and regulations for the use, care, control, management, restriction and protection of all or any part of its cemetery and for the other purposes specified in this article. (b) The cemetery authority’s power includes, but is not limited to, the following: (1) Restricting and limiting the use of all property within its cemetery. (2) Regulating the uniformity, class, and kind of all markers, monuments, and other structures within the cemetery and its subdivisions, but shall not require, as a condition to the erection of a marker, monument, or other structure within the cemetery, that the marker, monument, or other structure be purchased from or through the cemetery authority. (3) Prohibiting the erection of monuments, markers, or other structures in or upon any portion of the cemetery. (4) Regulating or prohibiting monuments, effigies, and structures within any portion of the cemetery and provide for their removal. (5) Regulating or preventing the introduction or care of plants or shrubs within the cemetery. (6) Preventing interment in any part of the cemetery of human remains not entitled to interment and preventing the use of interment plots for purposes violative of its restrictions or rules and regulations. (7) Regulating the conduct of persons and preventing improper assemblages in the cemetery. (8) Making and enforcing rules and regulations for all other purposes deemed necessary by the cemetery authority for the proper conduct of the business of the cemetery, for the transfer of any plot or the right of interment, and the protection and safeguarding of the premises, and the principles, plans, and ideals on which the cemetery is conducted. (Amended by Stats. 2001, Ch. 436, Sec. 25. Effective January 1, 2002.)
  47. 8301.5.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Operation and Management [8275 - 8396] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Rules and Regulations [8300 - 8309] ( Article 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A cemetery authority may not discriminate against any person based on race or gender in the use of cemetery property.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Operation and Management [8275 - 8396] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Rules and Regulations [8300 - 8309] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 8301.5. (a) Nothing in Section 8301 shall be construed to permit a cemetery authority to discriminate against any person based upon race or gender regarding the use of any property within the cemetery. (b) The Legislature recognizes, however, that although discrimination against persons based upon race or gender is prohibited, there are strong cultural, social, and other proper reasons for people to seek to continue association with certain groups even in death. (c) In the same way that a family may purchase contiguous plots to ensure that family members will be buried in close proximity to one another, and in the same way that a religious group may, similarly, establish and operate a cemetery for its members, or that veterans groups may establish and operate cemeteries for veterans, the law recognizes that members of cultural, social, or other groups with strong ties are not precluded from establishing and operating cemeteries for the purpose of furthering their desire to continue to associate after interment. (d) The urge to associate even after death also stems from an intense social and cultural need to ensure that people are connected with their past, and also to ensure that the graves and surrounding grounds are kept, tended, adorned, and embellished according to the desires and beliefs of the decedent, family, or group. (e) The Legislature also recognizes, that the creation or operation of a cemetery for a particular group by necessity entails some exclusionary aspects. However, the exclusionary aspects are permitted only to the extent that the purpose and effect is to include persons, as set forth in this section, rather than to exclude persons based upon race or gender. (f) Although it is, indeed, a difficult task to permit creation and operation of cemeteries that may exclude persons that are not within the social, cultural, or other group while also assuring that the cemetery is not discriminating based upon race or gender, strong public policy compels that we perform the task. To prohibit all association limitations in the creation and operation of cemeteries would certainly ensure that no discrimination based upon race or gender occurred; however, it would be overbroad in that it would preclude activity that is not so motivated and that does not have that effect. (g) Therefore, subdivision (a) does not preclude the establishment or operation of cemeteries for the purposes set forth in this section to the extent that, and so long as the purpose and effect is to further a sincere and bona fide association interest, rather than to discriminate against persons on the basis of race or gender. (h) Nothing in this section applies to Native American tribal burial grounds or cemeteries that, pursuant to federal law, are not subject to state jurisdiction. (Added by Stats. 1996, Ch. 769, Sec. 1. Effective January 1, 1997.)
  48. 8309.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Operation and Management [8275 - 8396] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Rules and Regulations [8300 - 8309] ( Article 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The cemetery authority must keep the cemetery rules and regulations plainly printed or typewritten and available for inspection.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Operation and Management [8275 - 8396] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Rules and Regulations [8300 - 8309] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 8309. The rules and regulations shall be plainly printed or typewritten and maintained subject to inspection in the office of the cemetery authority or in such place or places within the cemetery as the cemetery authority may prescribe. (Enacted by Stats. 1939, Ch. 60.)
  49. 8325.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Operation and Management [8275 - 8396] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Police Power [8325- 8325.] ( Article 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    People designated by a cemetery authority may have arrest powers in the cemetery for order-keeping and enforcement purposes.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Operation and Management [8275 - 8396] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Police Power [8325- 8325.] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 8325. Persons designated by a cemetery authority have the powers of arrest as provided in Section 830.7 of the Penal Code for the purpose of maintaining order, enforcing the rules and regulations of the cemetery association, the laws of the state, and the ordinances of the city or county, within the cemetery over which he has charge, and within such radius as may be necessary to protect the cemetery property. (Amended by Stats. 1980, Ch. 1340.)
  50. 8330.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Operation and Management [8275 - 8396] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Records [8330 - 8331] ( Article 4 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A record must be kept of every interment, including specified details when they can be conveniently obtained.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Operation and Management [8275 - 8396] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Records [8330 - 8331] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 8330. A record shall be kept of every interment showing the date the human remains were received, the date of interment, the name and age of the person interred, when these particulars can be conveniently obtained, and the plot in which interment was made. (Enacted by Stats. 1939, Ch. 60.)
  51. 8331.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Operation and Management [8275 - 8396] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Records [8330 - 8331] ( Article 4 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The cemetery authority must keep records of plot ownership and plot transfers, and a transfer or right of interment becomes complete and effective when it is recorded on the cemetery authority’s books.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Operation and Management [8275 - 8396] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Records [8330 - 8331] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 8331. A record shall be kept of the ownership of all plots in the cemetery which have been conveyed by the cemetery authority and of all transfers of plots in the cemetery. Transfer of any plot, heretofore or hereafter made, or any right of interment, shall be complete and effective when recorded on the books of the cemetery authority. (Amended by Stats. 1982, Ch. 176, Sec. 1.)
  52. 8341.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Operation and Management [8275 - 8396] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Operation of Crematories [8341 - 8347] ( Article 5 enacted by Stats. 1939, Ch. 60. )

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    Cremated remains not disposed of under this chapter must be interred within one year.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Operation and Management [8275 - 8396] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Operation of Crematories [8341 - 8347] ( Article 5 enacted by Stats. 1939, Ch. 60. ) ## 8341. All cremated remains not disposed of in accordance with this chapter, within one year, shall be interred. (Amended by Stats. 1993, Ch. 1232, Sec. 27. Effective January 1, 1994.)
  53. 8342.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Operation and Management [8275 - 8396] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Operation of Crematories [8341 - 8347] ( Article 5 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Crematories may not require a casket for cremation or refuse remains because they are not in a casket, but they may require some type of container or disposal unit.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Operation and Management [8275 - 8396] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Operation of Crematories [8341 - 8347] ( Article 5 enacted by Stats. 1939, Ch. 60. ) ## 8342. No crematory shall make or enforce any rules requiring that human remains be placed in a casket before cremation or that human remains be cremated in a casket, nor shall a crematory refuse to accept human remains for cremation for the reason that they are not in a casket. Every director, officer, agent or representative of a crematory who violates this section is guilty of a misdemeanor. Nothing in this section shall be construed to prohibit the requiring of some type of container or disposal unit. (Added by Stats. 1971, Ch. 1027.)
  54. 8343.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Operation and Management [8275 - 8396] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Operation of Crematories [8341 - 8347] ( Article 5 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A crematory must keep accurate cremation records at its premises or another California business location, retain them for at least 10 years, and make them available for inspection by the Cemetery and Funeral Bureau.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Operation and Management [8275 - 8396] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Operation of Crematories [8341 - 8347] ( Article 5 enacted by Stats. 1939, Ch. 60. ) ## 8343. A crematory shall maintain on its premises, or other business location within the State of California, an accurate record of all cremations performed, including all of the following information: (a) Name of referring funeral director, if any. (b) Name of deceased. (c) Date of cremation. (d) Name of cremation chamber operator. (e) Time and date that body was inserted in cremation chamber. (f) Time and date that body was removed from cremation chamber. (g) Time and date that final processing of cremated remains was completed. (h) Disposition of cremated remains. (i) Name and address of authorizing agent. (j) The identification number assigned to the deceased pursuant to Section 8344. (k) A photocopy of the disposition permit filed in connection with the disposition. This information shall be maintained for at least 10 years after the cremation is performed and shall be subject to inspection by the Cemetery and Funeral Bureau. (Amended by Stats. 2000, Ch. 568, Sec. 245. Effective January 1, 2001.)
  55. 8344.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Operation and Management [8275 - 8396] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Operation of Crematories [8341 - 8347] ( Article 5 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Crematories must keep an identification system and written identification procedure for remains, and label cremated remains before release, with a limited keepsake-urn exception.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Operation and Management [8275 - 8396] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Operation of Crematories [8341 - 8347] ( Article 5 enacted by Stats. 1939, Ch. 60. ) ## 8344. A crematory shall maintain an identification system allowing identification of each decedent beginning from the time the crematory accepts delivery of human remains until the point at which it releases the cremated remains to a third party. After cremation, an identifying disk, tab, or other permanent label shall be placed within the urn or cremated remains container before the cremated remains are released from the crematory. Each identification disk, tab, or label shall contain the license number of the crematory and shall have a unique number that shall be recorded on all paperwork regarding the decedent’s case and in the crematory log. Each crematory shall maintain a written procedure for identification of remains. The identification requirements pertaining to an identifying disk, tab, or other label to be placed within the urn or cremated remains container shall not apply to cremated remains placed in a keepsake urn pursuant to subdivision (b) of Section 7054.6 if space does not permit. On or after March 1, 1994, any crematory that fails, when requested by an official of the bureau to produce a written procedure for identification of remains, shall have 15 working days from the time of the request to produce an identification procedure for review by the chief of the Cemetery and Funeral Bureau. The license of the crematory shall be suspended pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, if no identification procedure is produced for review after 15 working days have elapsed. (Amended by Stats. 2010, Ch. 415, Sec. 35. (SB 1491) Effective January 1, 2011.)
  56. 8344.5.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Operation and Management [8275 - 8396] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Operation of Crematories [8341 - 8347] ( Article 5 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A regulated crematory must cremated only human remains, but may also handle certain flag-incineration exceptions and may cremate a military member’s remains with a single American flag on request.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Operation and Management [8275 - 8396] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Operation of Crematories [8341 - 8347] ( Article 5 enacted by Stats. 1939, Ch. 60. ) ## 8344.5. (a) Except as provided in subdivision (b) or (c), a crematory regulated by the Cemetery and Funeral Bureau shall knowingly cremate only human remains in cremation chambers, along with the cremation container, personal effects of the deceased, and no more than a negligible amount of chlorinated plastic pouches utilized for disease control when necessary. (b) Upon request of the person with the authority to dispose of the remains, a crematory may cremate the remains of a person who was a member of a branch of the United States military with a single American flag. A flag incinerated pursuant to this subdivision is not subject to the requirements of Section 8344.6. (c) (1) Notwithstanding any other law, a crematory regulated by the Cemetery and Funeral Bureau also may incinerate one or more American flags, under the following conditions: (A) Incineration of the flag or flags is performed separately from the cremation of human remains, as provided in subdivision (a). (B) Incineration of the flag or flags is in accordance with Section 8(k) of Title 4 of the United States Code. (C) Incineration of the flag or flags occurs within one week before or after any of the following: (i) Presidents’ Day. (ii) Memorial Day. (iii) Flag Day. (iv) Independence Day. (v) Veterans’ Day. (2) This subdivision does not attempt to restrict or otherwise infringe upon any person’s right to free expression under the First Amendment to the United States Constitution. (Amended by Stats. 2021, Ch. 118, Sec. 1. (AB 496) Effective January 1, 2022.)
  57. 8344.6.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Operation and Management [8275 - 8396] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Operation of Crematories [8341 - 8347] ( Article 5 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A crematory that incinerates American flags must keep an accurate record of the incineration details and keep that record for at least 10 years.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Operation and Management [8275 - 8396] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Operation of Crematories [8341 - 8347] ( Article 5 enacted by Stats. 1939, Ch. 60. ) ## 8344.6. (a) A crematory that incinerates an American flag or flags pursuant to Section 8344.5 shall maintain on its premises an accurate record of all American flags incinerated as specified in Section 8344.5, including all of the following information: (1) Name of the organization or person requesting incineration of the flag or flags. (2) Date of incineration of the flag or flags. (3) Name of the cremation chamber operator. (4) Time and date that the flag or flags were inserted in the cremation chamber. (5) Time and date that the flag or flags were removed from the cremation chamber. (6) Weight of the ashes of the flag or flags after being removed from the cremation chamber. (7) Disposition of the ashes of the incinerated flag or flags. (b) This information shall be maintained in the crematory log for at least 10 years after the incineration of an American flag or flags and shall be subject to inspection by the Cemetery and Funeral Bureau. (Added by Stats. 2013, Ch. 205, Sec. 2. (SB 119) Effective January 1, 2014.)
  58. 8345.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Operation and Management [8275 - 8396] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Operation of Crematories [8341 - 8347] ( Article 5 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    If a cremated remains container is too small, the crematory must provide a larger one at no extra cost or use a secondary container and attach it securely to the primary container.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Operation and Management [8275 - 8396] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Operation of Crematories [8341 - 8347] ( Article 5 enacted by Stats. 1939, Ch. 60. ) ## 8345. If a cremated remains container is of insufficient capacity to accommodate all cremated remains of a given deceased, the crematory shall provide a larger cremated remains container at no additional cost, or place the excess remains in a secondary cremated remains container and attach the second container, in a manner so as not to be easily detached through incidental contact, to the primary cremated remains container for interment, scattering, or other disposition by the person entitled to control the disposition. (Added by Stats. 1993, Ch. 1232, Sec. 31. Effective January 1, 1994.)
  59. 8345.5.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Operation and Management [8275 - 8396] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Operation of Crematories [8341 - 8347] ( Article 5 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A crematory must not accept human remains for cremation unless the remains are in a cremation container and the container is labeled with the decedent’s identity.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Operation and Management [8275 - 8396] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Operation of Crematories [8341 - 8347] ( Article 5 enacted by Stats. 1939, Ch. 60. ) ## 8345.5. A crematory shall not accept human remains for cremation unless the remains meet all of the following requirements: (a) The remains shall be in a cremation container, as defined. (b) The cremation container shall be labeled with the identity of the decedent. (Added by Stats. 1993, Ch. 1232, Sec. 32. Effective January 1, 1994.)
  60. 8346.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Operation and Management [8275 - 8396] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Operation of Crematories [8341 - 8347] ( Article 5 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A California-licensed crematory must refrigerate an unembalmed body within 2 hours of taking custody, unless cremation will begin within 24 hours.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Operation and Management [8275 - 8396] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Operation of Crematories [8341 - 8347] ( Article 5 enacted by Stats. 1939, Ch. 60. ) ## 8346. Within two hours after a crematory licensed by the State of California takes custody of a body that has not been embalmed, it shall refrigerate the body at a temperature not greater than 50 degrees Fahrenheit unless the cremation process will begin within 24 hours of the time that crematory took custody. (Amended by Stats. 1994, Ch. 570, Sec. 10. Effective January 1, 1995.)
  61. 8346.5.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Operation and Management [8275 - 8396] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Operation of Crematories [8341 - 8347] ( Article 5 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Crematory operators or their authorized representatives must give in-person requesters a written or printed price list, and provide the same information by telephone when asked.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Operation and Management [8275 - 8396] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Operation of Crematories [8341 - 8347] ( Article 5 enacted by Stats. 1939, Ch. 60. ) ## 8346.5. Every crematory operator, or duly authorized representative shall provide to any person who inquires in person, a written, or printed list of prices for cremation and storage, cremation containers, cremated remains containers and urns, and requirements for cremation containers. This information shall be provided over the telephone when requested. Commencing July 1, 1994, any written or printed list shall identify the crematorium and shall contain, at a minimum, the current address and phone number of the Cemetery and Funeral Bureau in 8-point boldface type, or larger. (Amended by Stats. 2000, Ch. 568, Sec. 248. Effective January 1, 2001.)
  62. 8347.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Operation and Management [8275 - 8396] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Operation of Crematories [8341 - 8347] ( Article 5 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Crematory licensees or their authorized representatives must train crematory personnel, keep a written training plan and training records, and employees may not operate cremation equipment until they demonstrate understanding of required procedures.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Operation and Management [8275 - 8396] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Operation of Crematories [8341 - 8347] ( Article 5 enacted by Stats. 1939, Ch. 60. ) ## 8347. (a) The crematory licensee, or his or her authorized representative shall provide instruction to all crematory personnel involved in the cremation process. This instruction shall lead to a demonstrated knowledge on the part of an employee regarding identification procedures used during cremation, operation of the cremation chamber and processing equipment and all laws relevant to the handling of a body and cremated remains. This instruction shall be outlined in a written plan maintained by the crematory licensee for inspection and comment by an inspector of the Cemetery and Funeral Bureau. (b) No employee shall be allowed to operate any cremation equipment until he or she has demonstrated to the licensee or authorized representative that he or she understands procedures required to ensure that health and safety conditions are maintained at the crematory and that cremated remains are not commingled other than for acceptable residue, as defined. The crematory licensee shall maintain a record to document that an employee has received the training specified in this section. (c) On or after March 1, 1994, any crematory that fails, when requested by an official of the bureau, to produce a written employee instruction plan, or record of employee training for inspection, shall have 15 working days from the time of the request to produce a plan or training record for review by the chief of the Cemetery and Funeral Bureau. The license of the crematory shall be suspended, pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, if no plan or training record is produced for review after 15 working days have elapsed. (Amended by Stats. 2000, Ch. 568, Sec. 249. Effective January 1, 2001.)
  63. 8350.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Operation and Management [8275 - 8396] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 6. Contract Limitations [8350 - 8351] ( Article 6 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Cemetery authorities may use the same corporate powers generally given by law, and may secure pecuniary obligations with property interests such as a mortgage or deed of trust, unless their creating law limits them.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Operation and Management [8275 - 8396] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 6. Contract Limitations [8350 - 8351] ( Article 6 enacted by Stats. 1939, Ch. 60. ) ## 8350. Unless otherwise limited by the law under which created, cemetery authorities shall in the conduct of their business have the same powers granted by law to corporations in general, including the right to contract such pecuniary obligations within the limitation of general law as may be required, and may secure them by mortgage, deed of trust, or otherwise upon their property. (Enacted by Stats. 1939, Ch. 60.)
  64. 8351.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Operation and Management [8275 - 8396] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 6. Contract Limitations [8350 - 8351] ( Article 6 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Liens on land dedicated as a cemetery do not defeat that dedication and are subordinate to it.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Operation and Management [8275 - 8396] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 6. Contract Limitations [8350 - 8351] ( Article 6 enacted by Stats. 1939, Ch. 60. ) ## 8351. All mortgages, deeds of trust, and other liens of any nature, hereafter contracted, placed or incurred upon property which has been and was at the time of the creation or placing of the lien, dedicated as a cemetery pursuant to this part, or upon property which is afterwards, with the consent of the owner of any mortgage, trust deed, or lien, dedicated to cemetery purposes pursuant to this part, shall not affect or defeat the dedication, but the mortgage, deed of trust or other lien is subject and subordinate to such dedication and any and all sales made upon foreclosure are subject and subordinate to the dedication for cemetery purposes. (Enacted by Stats. 1939, Ch. 60.)
  65. 8360.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Operation and Management [8275 - 8396] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7. Restrictions on Officers [8360 - 8362] ( Article 7 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Directors and officers of a cemetery authority must not borrow its funds or act as surety, indorser, or obligor for related loans; a corporation they control or are interested in also must not borrow those funds.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Operation and Management [8275 - 8396] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7. Restrictions on Officers [8360 - 8362] ( Article 7 enacted by Stats. 1939, Ch. 60. ) ## 8360. No director or officer of any cemetery authority shall directly or indirectly, for himself or as the partner or agent of others, borrow any funds of the corporation or association, nor may he become an indorser or surety for loans to others, nor in any manner be an obligor for money borrowed of or loaned by the corporation or association, nor shall a corporation of which a director or an officer is a stockholder, or in which either of them is in any manner interested, borrow any of the funds of the corporation or association. (Enacted by Stats. 1939, Ch. 60.)
  66. 8361.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Operation and Management [8275 - 8396] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7. Restrictions on Officers [8360 - 8362] ( Article 7 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A director or officer who acts or allows action contrary to this article immediately loses the office.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Operation and Management [8275 - 8396] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7. Restrictions on Officers [8360 - 8362] ( Article 7 enacted by Stats. 1939, Ch. 60. ) ## 8361. The office of any director or officer who acts or permits action contrary to this article immediately thereupon becomes vacant. (Enacted by Stats. 1939, Ch. 60.)
  67. 8362.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Operation and Management [8275 - 8396] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7. Restrictions on Officers [8360 - 8362] ( Article 7 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Directors or officers who authorize or consent to a loan, and anyone who receives such a loan, are guilty of a misdemeanor if the loan violates this article.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Operation and Management [8275 - 8396] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7. Restrictions on Officers [8360 - 8362] ( Article 7 enacted by Stats. 1939, Ch. 60. ) ## 8362. Every director or officer authorizing or consenting to a loan, and the person who receives a loan, in violation of this article are severally guilty of a misdemeanor. (Enacted by Stats. 1939, Ch. 60.)
  68. 8370.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Operation and Management [8275 - 8396] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 8. Hydrolysis Facilities [8370 - 8382] ( Article 8 added by Stats. 2017, Ch. 846, Sec. 69. )

    Verify source ↗

    Hydrolyzed human remains that are not disposed of under this chapter must be interred within one year.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Operation and Management [8275 - 8396] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 8. Hydrolysis Facilities [8370 - 8382] ( Article 8 added by Stats. 2017, Ch. 846, Sec. 69. ) ## 8370. All hydrolyzed human remains not disposed of in accordance with this chapter, within one year, shall be interred. (Added by Stats. 2017, Ch. 846, Sec. 69. (AB 967) Effective January 1, 2018. Section operative July 1, 2020, pursuant to Sec. 8382.)
  69. 8372.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Operation and Management [8275 - 8396] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 8. Hydrolysis Facilities [8370 - 8382] ( Article 8 added by Stats. 2017, Ch. 846, Sec. 69. )

    Verify source ↗

    A hydrolysis facility may not require caskets for hydrolysis or refuse remains because they are not in a casket; violations are misdemeanors.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Operation and Management [8275 - 8396] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 8. Hydrolysis Facilities [8370 - 8382] ( Article 8 added by Stats. 2017, Ch. 846, Sec. 69. ) ## 8372. A hydrolysis facility shall not make or enforce any rules requiring that human remains be placed in a casket before hydrolysis or that human remains be hydrolyzed in a casket, nor shall a hydrolysis facility refuse to accept human remains for hydrolysis for the reason that they are not in a casket. Every director, officer, agent, or representative of a hydrolysis facility who violates this section is guilty of a misdemeanor. Nothing in this section shall be construed to prohibit the requiring of some type of container or disposal unit, as specified in Section 7006.6. (Added by Stats. 2017, Ch. 846, Sec. 69. (AB 967) Effective January 1, 2018. Section operative July 1, 2020, pursuant to Sec. 8382.)
  70. 8374.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Operation and Management [8275 - 8396] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 8. Hydrolysis Facilities [8370 - 8382] ( Article 8 added by Stats. 2017, Ch. 846, Sec. 69. )

    Verify source ↗

    A hydrolysis facility must keep detailed hydrolysis and chamber-maintenance records, keep them for at least 10 years, and make the records subject to inspection by the Cemetery and Funeral Bureau.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Operation and Management [8275 - 8396] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 8. Hydrolysis Facilities [8370 - 8382] ( Article 8 added by Stats. 2017, Ch. 846, Sec. 69. ) ## 8374. (a) A hydrolysis facility shall maintain on its premises, or other business location within the state, an accurate record of all hydrolyses performed, including all of the following information: (1) Name of the referring funeral director, if any. (2) Name of the deceased. (3) Date of the hydrolysis. (4) Name of the hydrolysis chamber operator. (5) Disposition of the hydrolyzed human remains. (6) Time and date that the body was inserted into the hydrolysis chamber. (7) Time and date that the body was removed from the hydrolysis chamber. (8) Time and date that final processing of the hydrolyzed human remains was complete. (9) Name and address of the authorizing agent. (10) Identification number assigned to the deceased, pursuant to Section 8376. (11) A photocopy of the disposition permit filed in connection with the disposition. (12) Any documentation of compliance with appropriate environmental and safety laws. (13) Body mass of the deceased, along with temperature, time duration, and pressure at which the hydrolysis was performed. (b) A hydrolysis facility shall maintain on its premises, or other business location within the state, records of the maintenance performed on the hydrolysis chamber. (c) Information described in this section shall be maintained for at least 10 years after the hydrolysis is performed and shall be subject to inspection by the Cemetery and Funeral Bureau. (Added by Stats. 2017, Ch. 846, Sec. 69. (AB 967) Effective January 1, 2018. Section operative July 1, 2020, pursuant to Sec. 8382.)
  71. 8376.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Operation and Management [8275 - 8396] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 8. Hydrolysis Facilities [8370 - 8382] ( Article 8 added by Stats. 2017, Ch. 846, Sec. 69. )

    Verify source ↗

    Hydrolysis facilities must track each decedent with an identification system and label, keep a written identification procedure, and may face license suspension if they do not produce that procedure on request within 15 working days.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Operation and Management [8275 - 8396] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 8. Hydrolysis Facilities [8370 - 8382] ( Article 8 added by Stats. 2017, Ch. 846, Sec. 69. ) ## 8376. (a) A hydrolysis facility shall maintain an identification system allowing identification of each decedent beginning from the time the hydrolysis facility accepts delivery of human remains until the point at which it releases the hydrolyzed human remains to a third party. After hydrolysis, an identifying disk, tab, or other permanent label shall be placed with the urn or hydrolyzed human remains container before the hydrolyzed human remains are released from the hydrolysis facility. Each identification disk, tab, or label shall contain the license number of the hydrolysis facility and shall have a unique number that shall be recorded on all documents regarding the decedent and in the hydrolysis log. Each hydrolysis facility shall maintain a written procedure for identification of remains. The identification requirements pertaining to an identifying disk, tab, or other label to be placed within the urn or hydrolyzed human remains container shall not apply to hydrolyzed human remains placed in a keepsake urn pursuant to subdivision (b) of Section 7054.6 if space does not permit. (b) A hydrolysis facility that fails, when requested by an official of the Cemetery and Funeral Bureau, to produce a written procedure for identification of remains shall have 15 working days from the time of the request to produce an identification procedure for review by the chief of the Cemetery and Funeral Bureau. The license of the hydrolysis facility shall be suspended pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, if no identification procedure is produced for review after 15 working days have elapsed. (Added by Stats. 2017, Ch. 846, Sec. 69. (AB 967) Effective January 1, 2018. Section operative July 1, 2020, pursuant to Sec. 8382.)
  72. 8378.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Operation and Management [8275 - 8396] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 8. Hydrolysis Facilities [8370 - 8382] ( Article 8 added by Stats. 2017, Ch. 846, Sec. 69. )

    Verify source ↗

    A licensed hydrolysis facility must refrigerate an unembalmed body within two hours after taking custody of it, unless hydrolysis will begin within 24 hours.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Operation and Management [8275 - 8396] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 8. Hydrolysis Facilities [8370 - 8382] ( Article 8 added by Stats. 2017, Ch. 846, Sec. 69. ) ## 8378. Within two hours after a licensed hydrolysis facility takes custody of a body that has not been embalmed, it shall refrigerate the body at a temperature not greater than 50 degrees Fahrenheit, unless the hydrolysis process will begin within 24 hours of the time that the hydrolysis facility took custody. (Added by Stats. 2017, Ch. 846, Sec. 69. (AB 967) Effective January 1, 2018. Section operative July 1, 2020, pursuant to Sec. 8382.)
  73. 8380.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Operation and Management [8275 - 8396] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 8. Hydrolysis Facilities [8370 - 8382] ( Article 8 added by Stats. 2017, Ch. 846, Sec. 69. )

    Verify source ↗

    Hydrolysis facility licensees must train personnel, keep a written training plan and training records, and employees may not operate hydrolysis equipment until they show they understand the required procedures.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Operation and Management [8275 - 8396] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 8. Hydrolysis Facilities [8370 - 8382] ( Article 8 added by Stats. 2017, Ch. 846, Sec. 69. ) ## 8380. (a) The hydrolysis facility licensee, or its authorized representatives, shall provide instruction to all hydrolysis facility personnel involved in the hydrolysis process. This instruction shall lead to a demonstrated knowledge on the part of an employee regarding identification procedures used during hydrolysis, operation of the hydrolysis chamber and processing equipment, safe work practices and procedures for the handling of corrosive materials, and all laws relevant to the handling of a body and hydrolyzed human remains. This instruction shall be outlined in a written plan maintained by the hydrolysis facility licensee for inspection and comment by an inspector of the Cemetery and Funeral Bureau. (b) No employee shall be allowed to operate any hydrolysis equipment until the employee has demonstrated to the certified manager of a licensed hydrolysis facility or authorized representative of the licensee that the employee understands the procedures required to ensure that health and safety conditions are maintained at the hydrolysis facility and that hydrolyzed human remains are not commingled other than for acceptable residue, as defined. The hydrolysis facility licensee shall maintain a record to document that an employee has received the training specified in this section. (c) A hydrolysis facility that fails, when requested by an official of the bureau, to produce a written employee instruction plan or record of employee training for inspection shall have 15 working days from the time of the request to produce a plan or training record for review by the chief of the Cemetery and Funeral Bureau. The license of a hydrolysis facility shall be suspended, pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, if no plan or training record is produced for review after 15 working days have elapsed. (Added by Stats. 2017, Ch. 846, Sec. 69. (AB 967) Effective January 1, 2018. Section operative July 1, 2020, pursuant to Sec. 8382.)
  74. 8382.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Operation and Management [8275 - 8396] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 8. Hydrolysis Facilities [8370 - 8382] ( Article 8 added by Stats. 2017, Ch. 846, Sec. 69. )

    Verify source ↗

    This article becomes operative on July 1, 2020.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Operation and Management [8275 - 8396] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 8. Hydrolysis Facilities [8370 - 8382] ( Article 8 added by Stats. 2017, Ch. 846, Sec. 69. ) ## 8382. This article shall become operative on July 1, 2020. (Added by Stats. 2017, Ch. 846, Sec. 69. (AB 967) Effective January 1, 2018. Section operative July 1, 2020, pursuant to Sec. 8382. Note: Operative date affects Article 8, commencing with Section 8370.)
  75. 8390.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Operation and Management [8275 - 8396] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 9. Reduction Facilities [8390 - 8396] ( Article 9 added by Stats. 2022, Ch. 399, Sec. 45. )

    Verify source ↗

    Reduced human remains not disposed of under this chapter must be disposed of under Business and Professions Code Section 7714.4.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Operation and Management [8275 - 8396] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 9. Reduction Facilities [8390 - 8396] ( Article 9 added by Stats. 2022, Ch. 399, Sec. 45. ) ## 8390. All reduced human remains not disposed of in accordance with this chapter shall be disposed of pursuant to Section 7714.4 of the Business and Professions Code. (Added by Stats. 2022, Ch. 399, Sec. 45. (AB 351) Effective January 1, 2023. Operative January 1, 2027, pursuant to Sec. 8396.)
  76. 8391.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Operation and Management [8275 - 8396] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 9. Reduction Facilities [8390 - 8396] ( Article 9 added by Stats. 2022, Ch. 399, Sec. 45. )

    Verify source ↗

    A reduction facility may not require a casket before reduction or refuse human remains because they are not in a casket.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Operation and Management [8275 - 8396] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 9. Reduction Facilities [8390 - 8396] ( Article 9 added by Stats. 2022, Ch. 399, Sec. 45. ) ## 8391. A reduction facility shall not make or enforce rules requiring that human remains be placed in a casket before reduction, nor shall a reduction facility refuse to accept human remains for reduction for the reason that they are not in a casket. A director, officer, agent, or representative of a reduction facility who violates this section is guilty of a misdemeanor. This section does not prohibit a facility from requiring some type of container or disposal unit. (Added by Stats. 2022, Ch. 399, Sec. 45. (AB 351) Effective January 1, 2023. Operative January 1, 2027, pursuant to Sec. 8396.)
  77. 8392.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Operation and Management [8275 - 8396] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 9. Reduction Facilities [8390 - 8396] ( Article 9 added by Stats. 2022, Ch. 399, Sec. 45. )

    Verify source ↗

    A reduction facility must keep detailed records of reductions and chamber maintenance, retain the information for at least 10 years, and make it available for inspection by the Cemetery and Funeral Bureau.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Operation and Management [8275 - 8396] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 9. Reduction Facilities [8390 - 8396] ( Article 9 added by Stats. 2022, Ch. 399, Sec. 45. ) ## 8392. (a) A reduction facility shall maintain on its premises, or other business location within the state, an accurate record of all reductions performed, including all of the following information: (1) Name of the referring funeral director, if any. (2) Name of the deceased. (3) Date of the reduction. (4) Disposition of the reduced human remains, including split disposition where a portion of the remains are returned to the person entitled to control the disposition of the remains and a portion integrated into the soil in a conservation area pursuant to Section 7054.5. (5) Time and date that the body was inserted into the reduction chamber. (6) Time and date that the body was removed from the reduction chamber. (7) Time and date that final processing of the reduced human remains was complete. (8) Name and address of the authorizing agent. (9) Identification number assigned to the deceased, pursuant to Section 8393. (10) A photocopy of the disposition permit filed in connection with the disposition. (11) Any documentation of compliance with appropriate environmental and safety laws. (b) A reduction facility shall maintain on its premises, or other business location within the state, records of the maintenance performed on the reduction chamber or chambers. (c) Information described in this section shall be maintained for at least 10 years after the reduction is performed and shall be subject to inspection by the Cemetery and Funeral Bureau. (Added by Stats. 2022, Ch. 399, Sec. 45. (AB 351) Effective January 1, 2023. Operative January 1, 2027, pursuant to Sec. 8396.)
  78. 8393.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Operation and Management [8275 - 8396] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 9. Reduction Facilities [8390 - 8396] ( Article 9 added by Stats. 2022, Ch. 399, Sec. 45. )

    Verify source ↗

    Reduction facilities must keep an identification system and written procedures for remains, and label and track reduced remains before release.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Operation and Management [8275 - 8396] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 9. Reduction Facilities [8390 - 8396] ( Article 9 added by Stats. 2022, Ch. 399, Sec. 45. ) ## 8393. (a) A reduction facility shall maintain an identification system allowing identification of each decedent beginning from the time the reduction facility accepts delivery of human remains until the point at which it releases the reduced human remains to a third party. After reduction, an identifying disk, tab, or other permanent label shall be placed with the reduced human remains container or containers before the reduced human remains are released from the licensed reduction facility. Each identification disk, tab, or label shall contain the license number of the reduction facility and shall have a unique number that shall be recorded on all documents regarding the decedent and in the reduction log. Each reduction facility shall maintain a written procedure for identification of remains. (b) A reduction facility that fails, when requested by an official of the Cemetery and Funeral Bureau, to produce a written procedure for identification of remains shall have 15 working days from the time of the request to produce an identification procedure for review by the chief of the Cemetery and Funeral Bureau. The license of the reduction facility shall be suspended pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, if no identification procedure is produced for review after 15 working days have elapsed. (Added by Stats. 2022, Ch. 399, Sec. 45. (AB 351) Effective January 1, 2023. Operative January 1, 2027, pursuant to Sec. 8396.)
  79. 8394.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Operation and Management [8275 - 8396] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 9. Reduction Facilities [8390 - 8396] ( Article 9 added by Stats. 2022, Ch. 399, Sec. 45. )

    Verify source ↗

    A reduction facility must refrigerate an unembalmed body within two hours of taking custody, unless the reduction process will start within 24 hours.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Operation and Management [8275 - 8396] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 9. Reduction Facilities [8390 - 8396] ( Article 9 added by Stats. 2022, Ch. 399, Sec. 45. ) ## 8394. Within two hours after a reduction facility takes custody of a body that has not been embalmed, it shall refrigerate the body at a temperature not greater than 50 degrees Fahrenheit, unless the reduction process will begin within 24 hours of the time that the facility took custody. (Added by Stats. 2022, Ch. 399, Sec. 45. (AB 351) Effective January 1, 2023. Operative January 1, 2027, pursuant to Sec. 8396.)
  80. 8395.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Operation and Management [8275 - 8396] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 9. Reduction Facilities [8390 - 8396] ( Article 9 added by Stats. 2022, Ch. 399, Sec. 45. )

    Verify source ↗

    Reduction facility licensees must train facility personnel, keep a written training plan and training record, and employees may not operate reduction equipment until they demonstrate understanding of the required procedures.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Operation and Management [8275 - 8396] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 9. Reduction Facilities [8390 - 8396] ( Article 9 added by Stats. 2022, Ch. 399, Sec. 45. ) ## 8395. (a) The reduction facility licensee, or its authorized representatives, shall provide instruction to all facility personnel involved in the reduction process. This instruction shall lead to a demonstrated knowledge on the part of an employee regarding identification procedures used during reduction, operation of the reduction chamber and related equipment, and all laws relevant to the handling of a body and reduced human remains. This instruction shall be outlined in a written plan maintained by the reduction facility licensee for inspection and comment by an inspector of the Cemetery and Funeral Bureau. (b) An employee shall not be allowed to operate a reduction chamber or related equipment until the employee has demonstrated to the certified manager of the reduction facility or authorized representative of the licensee that the employee understands the procedures required to ensure that health and safety conditions are maintained at the reduction facility and that reduced human remains are not commingled other than as authorized by law. The reduction facility licensee shall maintain a record to document that an employee has received the training specified in this section. (c) A reduction facility that fails, when requested by an official of the bureau, to produce a written employee instruction plan or record of employee training for inspection shall have 15 working days from the time of the request to produce a plan or training record for review by the chief of the bureau. The license of a reduction facility shall be suspended, pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, if no plan or training record is produced for review after 15 working days have elapsed. (Added by Stats. 2022, Ch. 399, Sec. 45. (AB 351) Effective January 1, 2023. Operative January 1, 2027, pursuant to Sec. 8396.)
  81. 8396.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Operation and Management [8275 - 8396] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 9. Reduction Facilities [8390 - 8396] ( Article 9 added by Stats. 2022, Ch. 399, Sec. 45. )

    Verify source ↗

    This article becomes operative on January 1, 2027.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Operation and Management [8275 - 8396] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 9. Reduction Facilities [8390 - 8396] ( Article 9 added by Stats. 2022, Ch. 399, Sec. 45. ) ## 8396. This article shall become operative on January 1, 2027. (Added by Stats. 2022, Ch. 399, Sec. 45. (AB 351) Effective January 1, 2023.)
  82. 8500.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Acquisition, Dedication and Sale [8500 - 8585] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Acquisition of Property [8500 - 8501] ( Article 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Cemetery authorities may acquire certain property by purchase, donation, or devise.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Acquisition, Dedication and Sale [8500 - 8585] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Acquisition of Property [8500 - 8501] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 8500. Cemetery authorities may take by purchase, donation or devise, property consisting of lands, mausoleums, crematories, and columbariums, or other property within which the interment of the dead may be authorized by law. (Enacted by Stats. 1939, Ch. 60.)
  83. 8501.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Acquisition, Dedication and Sale [8500 - 8585] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Acquisition of Property [8500 - 8501] ( Article 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Certain cemetery authorities and corporations sole may use eminent domain to acquire property needed to expand an existing cemetery.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Acquisition, Dedication and Sale [8500 - 8585] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Acquisition of Property [8500 - 8501] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 8501. Any cemetery authority which is described in Section 23701c of the Revenue and Taxation Code or is a corporation sole may acquire by eminent domain any property necessary to enlarge and add to an existing cemetery for the burial of the dead and the grounds thereof. (Added by Stats. 1975, Ch. 1240.)
  84. 851.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 2. LOCAL ADMINISTRATION [851- 851.] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Local Health and Safety Regulations [851- 851.] ( Chapter 5 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Any board of supervisors may adopt rules for storing gunpowder, explosives, or combustible material when needed for safety.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 2. LOCAL ADMINISTRATION [851- 851.] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Local Health and Safety Regulations [851- 851.] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## 851. Any board of supervisors may adopt such rules and regulations with regard to keeping and storing of every description of gunpowder, hercules powder, giant powder, or other explosives or combustible material, as the safety and protection of the lives and property of individuals may require. (Enacted by Stats. 1939, Ch. 60.)
  85. 8525.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Acquisition, Dedication and Sale [8500 - 8585] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Declaration of Intention [8525 - 8526] ( Article 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A cemetery authority may execute a recorded declaration stating its intention to use all or part of property for cemetery purposes.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Acquisition, Dedication and Sale [8500 - 8585] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Declaration of Intention [8525 - 8526] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 8525. A cemetery authority may execute a declaration acknowledged so as to entitle it to be recorded, describing the property and declaring its intention to use all or part of the property for cemetery purposes. (Enacted by Stats. 1939, Ch. 60.)
  86. 8526.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Acquisition, Dedication and Sale [8500 - 8585] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Declaration of Intention [8525 - 8526] ( Article 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A declaration may be recorded with the county recorder where the property is located, and filing it gives constructive notice of the intended use of the property.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Acquisition, Dedication and Sale [8500 - 8585] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Declaration of Intention [8525 - 8526] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 8526. The declaration may be filed for record in the office of the recorder of the county in which the property is situated, and from the date of filing the declaration is constructive notice of the use for which the property is intended. (Enacted by Stats. 1939, Ch. 60.)
  87. 8550.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Acquisition, Dedication and Sale [8500 - 8585] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Dedication [8550 - 8561] ( Article 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Cemetery authorities must prepare detailed maps or plats for cemetery property and file updated maps with the county recorder or local agency in specified situations.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Acquisition, Dedication and Sale [8500 - 8585] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Dedication [8550 - 8561] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 8550. Every cemetery authority, from time to time as its property may be required for interment purposes, shall: (a) In case of land, survey and subdivide it into sections, blocks, plots, avenues, walks or other subdivisions; make a good and substantial map or plat showing the sections, plots, avenues, walks or other subdivisions, with descriptive names or numbers. (b) In case of a mausoleum, or crematory and columbarium it shall make a good and substantial map or plat on which shall be delineated the sections, halls, rooms, corridors, elevations, and other divisions, with descriptive names or numbers. (c) The maps or plats shall be clearly and legibly drawn, printed, or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester base film. If ink is used on a polyester base film, the ink surface shall be coated with a suitable substance to insure permanent legibility. The size of each sheet shall be 18 by 26 inches or as otherwise prescribed by the county recorder or local agency. A marginal line shall be drawn completely around each sheet, leaving an entire blank margin of one inch. The scale of the map shall be large enough to show all details clearly and enough sheets shall be used to accomplish this end. The particular number of the sheets and the total number of sheets comprising the map shall be stated on each of the sheets and its relationship to each adjoining sheet shall be clearly shown. (d) Upon modification of an existing section after January 1, 1990, or development of a new section after January 1, 1990, the cemetery authority shall amend and file with the county recorder or local agency the maps or plats as described in subdivisions (a), (b), and (c). Within 12 months of the initial sale, the cemetery authority shall file with the county recorder or local agency the map or plat. For purposes of this subdivision, “section” means a burial space, mausoleum, or columbarium. (Amended by Stats. 1997, Ch. 142, Sec. 7. Effective January 1, 1998.)
  88. 8551.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Acquisition, Dedication and Sale [8500 - 8585] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Dedication [8550 - 8561] ( Article 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The cemetery authority must file the map or plat with the county recorder and record a written declaration dedicating the property exclusively to cemetery purposes.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Acquisition, Dedication and Sale [8500 - 8585] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Dedication [8550 - 8561] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 8551. The cemetery authority shall file the map or plat in the office of the recorder of the county in which all or a portion of the property is situated. The cemetery authority shall also file for record in the county recorder’s office a written declaration of dedication of the property delineated on the plat or map, dedicating the property exclusively to cemetery purposes. (Enacted by Stats. 1939, Ch. 60.)
  89. 8552.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Acquisition, Dedication and Sale [8500 - 8585] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Dedication [8550 - 8561] ( Article 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A cemetery declaration must be in the form the cemetery authority prescribes and must be subscribed by specified officers or other authorized persons.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Acquisition, Dedication and Sale [8500 - 8585] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Dedication [8550 - 8561] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 8552. The declaration shall be in such form as the cemetery authority may prescribe, and shall be subscribed by the president or vice president, and the secretary, or other persons whom the cemetery authority may authorize, and shall be acknowledged so as to entitle it to be recorded. (Enacted by Stats. 1939, Ch. 60.)
  90. 8553.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Acquisition, Dedication and Sale [8500 - 8585] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Dedication [8550 - 8561] ( Article 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    After the map or plat and declaration are filed, the dedication is complete, and the property must be used only for cemetery purposes.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Acquisition, Dedication and Sale [8500 - 8585] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Dedication [8550 - 8561] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 8553. Upon the filing of the map or plat and the filing of the declaration for record, the dedication is complete for all purposes and thereafter the property shall be held, occupied, and used exclusively for a cemetery and for cemetery purposes. (Enacted by Stats. 1939, Ch. 60.)
  91. 8554.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Acquisition, Dedication and Sale [8500 - 8585] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Dedication [8550 - 8561] ( Article 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    If a dedication declaration reserves property, the directors may order a resurvey, change its shape and size, and file an amended map or plat, as long as the change does not disturb interred remains.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Acquisition, Dedication and Sale [8500 - 8585] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Dedication [8550 - 8561] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 8554. When reservation is made in the declaration of dedication, any part or subdivision of the property so mapped and platted may, by order of the directors, be resurveyed and altered in shape and size and an amended map or plat filed, so long as such change does not disturb the interred remains of any deceased person. (Enacted by Stats. 1939, Ch. 60.)
  92. 8555.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Acquisition, Dedication and Sale [8500 - 8585] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Dedication [8550 - 8561] ( Article 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A filed map or plat and a recorded declaration give constructive notice that the property has been dedicated for cemetery purposes.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Acquisition, Dedication and Sale [8500 - 8585] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Dedication [8550 - 8561] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 8555. The filed map or plat and the recorded declaration are constructive notice to all persons of the dedication of the property to cemetery purposes. (Enacted by Stats. 1939, Ch. 60.)
  93. 8556.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Acquisition, Dedication and Sale [8500 - 8585] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Dedication [8550 - 8561] ( Article 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The county recorder must index filed maps or plats in the general index, and may store them in special books. The filing and indexing fee is the same as for subdivided land under Government Code Section 27372.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Acquisition, Dedication and Sale [8500 - 8585] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Dedication [8550 - 8561] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 8556. The county recorder of the county in which a map or plat is filed shall index the map or plat in the general index giving reference to date of filing and number or to book and page so that it may easily be found. The recorder may bind the maps or plats in special books or in his books of maps of subdivisions. The fee for filing and indexing said map or plat shall be the same as provided for subdivided land under Section 27372 of the Government Code. (Amended by Stats. 1957, Ch. 1865.)
  94. 8557.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Acquisition, Dedication and Sale [8500 - 8585] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Dedication [8550 - 8561] ( Article 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The county recorder must record and index a filed declaration of dedication.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Acquisition, Dedication and Sale [8500 - 8585] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Dedication [8550 - 8561] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 8557. The county recorder of the county in which a declaration of dedication is filed shall record it in the official records of his office and index it in the general index. (Amended by Stats. 1957, Ch. 954.)
  95. 8558.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Acquisition, Dedication and Sale [8500 - 8585] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Dedication [8550 - 8561] ( Article 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Property dedicated to cemetery purposes keeps its dedicated status, and a plot owner’s title is not affected by dissolution of the cemetery authority or several listed actions, except as otherwise provided in this chapter.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Acquisition, Dedication and Sale [8500 - 8585] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Dedication [8550 - 8561] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 8558. After property is dedicated to cemetery purposes pursuant to this chapter, neither the dedication, nor the title of a plot owner, shall be affected by the dissolution of the cemetery authority, by nonuser on its part, by alienation of the property, by any incumbrances, by sale under execution, or otherwise except as provided in this chapter. (Enacted by Stats. 1939, Ch. 60.)
  96. 8559.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Acquisition, Dedication and Sale [8500 - 8585] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Dedication [8550 - 8561] ( Article 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Dedication to cemetery purposes under this chapter is expressly permitted and is not invalid under laws against perpetuities or suspension of alienation.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Acquisition, Dedication and Sale [8500 - 8585] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Dedication [8550 - 8561] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 8559. Dedication to cemetery purposes pursuant to this chapter is not invalid as violating any laws against perpetuities or the suspension of the power of alienation of title to or use of property, but is expressly permitted and shall be deemed to be in respect for the dead, a provision for the interment of human remains, and a duty to, and for the benefit of, the general public. (Enacted by Stats. 1939, Ch. 60.)
  97. 8560.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Acquisition, Dedication and Sale [8500 - 8585] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Dedication [8550 - 8561] ( Article 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    After cemetery property is dedicated, roads, utilities, and similar public ways cannot be laid across it without the required consent.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Acquisition, Dedication and Sale [8500 - 8585] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Dedication [8550 - 8561] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 8560. After dedication pursuant to this chapter, and as long as the property remains dedicated to cemetery purposes, no railroad, street, road, alley, pipe line, pole line, or other public thoroughfare or utility shall be laid out, through, over, or across any part of it without the consent of the cemetery authority owning and operating it, or of not less than two-thirds of the owners of interment plots. (Enacted by Stats. 1939, Ch. 60.)
  98. 8560.5.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Acquisition, Dedication and Sale [8500 - 8585] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Dedication [8550 - 8561] ( Article 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Streets, alleys, or roads may not be opened or laid out in certain cemetery boundaries without the cemetery owner-controller’s consent.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Acquisition, Dedication and Sale [8500 - 8585] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Dedication [8550 - 8561] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 8560.5. No streets, alleys, or roads shall be opened or laid out within the boundary lines of any cemetery located in whole or in part within the lines of any city or city and county, where burials in the cemetery have been had within five years prior thereto, without the consent of the person owning and controlling the cemetery. (Added by Stats. 1953, Ch. 83.)
  99. 8561.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Acquisition, Dedication and Sale [8500 - 8585] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Dedication [8550 - 8561] ( Article 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Property dedicated under this chapter is exempt from public improvement assessments and, to the extent stated, from enforcement of a money judgment against an individual interment-plot owner.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Acquisition, Dedication and Sale [8500 - 8585] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Dedication [8550 - 8561] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 8561. All property dedicated pursuant to this chapter, including roads, alleys, and walks, is exempt from public improvement assessments and is exempt from enforcement of a money judgment against an individual owner of an interment plot to the extent provided in Section 704.200 of the Code of Civil Procedure. (Amended by Stats. 1982, Ch. 497, Sec. 123. Operative July 1, 1983, by Sec. 185 of Ch. 497.)
  100. 8570.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Acquisition, Dedication and Sale [8500 - 8585] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Sale of Plots [8570 - 8574] ( Article 4 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A cemetery authority may sell and convey plots after filing the map or plat and recording the declaration of dedication, but only subject to applicable rules, regulations, and any added limitations or restrictions.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Acquisition, Dedication and Sale [8500 - 8585] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Sale of Plots [8570 - 8574] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 8570. After filing the map or plat and recording the declaration of dedication, a cemetery authority may sell and convey plots subject to such rules and regulations as may be then in effect or thereafter adopted by the cemetery authority, and subject to such other and further limitations, conditions and restrictions as may be inserted in or made a part of the declaration of dedication by reference, or included in the instrument of conveyance of such plot. (Amended by Stats. 1939, Ch. 339.)
  101. 8571.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Acquisition, Dedication and Sale [8500 - 8585] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Sale of Plots [8570 - 8574] ( Article 4 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Plots conveyed as separate plots are indivisible unless the cemetery authority consents or another law allows it. Family plots become inalienable and must be held as the owner’s family plot.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Acquisition, Dedication and Sale [8500 - 8585] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Sale of Plots [8570 - 8574] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 8571. (a) All plots, the use of which has been conveyed by deed or certificate of ownership as a separate plot, are indivisible except with the consent of the cemetery authority, or as provided by law. (b) A plot, the use of which has been conveyed by deed or certificate of ownership as a family plot, thereby becomes inalienable and shall be held as a family plot of the owner. (Amended by Stats. 2001, Ch. 436, Sec. 34. Effective January 1, 2002.)
  102. 8572.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Acquisition, Dedication and Sale [8500 - 8585] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Sale of Plots [8570 - 8574] ( Article 4 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A cemetery authority’s conveyances must be signed by the president or vice president and the secretary, or by other officers the authority authorizes.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Acquisition, Dedication and Sale [8500 - 8585] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Sale of Plots [8570 - 8574] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 8572. All conveyances made by a cemetery authority shall be signed by the president or the vice president, and the secretary, or by other officers authorized by the cemetery authority. (Enacted by Stats. 1939, Ch. 60.)
  103. 8573.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Acquisition, Dedication and Sale [8500 - 8585] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Sale of Plots [8570 - 8574] ( Article 4 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Before selling mausoleum crypts, cemetery authorities or their agents must put completion timing, exchange rights, and refund protection into the contract, and keep enough financial provision in place until occupancy is certified.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Acquisition, Dedication and Sale [8500 - 8585] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Sale of Plots [8570 - 8574] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 8573. Any cemetery authority or its agents who sell, offer for sale, contract to sell, or negotiate the sale of mausoleum crypts before the receipt of a certificate of occupancy as provided for in Sections 9591 and 9592 shall: (a) Set forth in each contract a specific period of time within which the building or structure shall be completed. (b) Set forth in each contract that the purchaser has the right of exchange for similar interment property and, in the event completion is not accomplished as set forth in (a) above, except upon the proclamation of a national emergency, guarantee the refund of the purchase price. (c) Provide adequate financial provision for the construction cost of the mausoleum or the refund of the sales price to the purchaser until such time as a certificate of occupancy has been received. (Added by Stats. 1957, Ch. 1635.)
  104. 8574.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Acquisition, Dedication and Sale [8500 - 8585] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Sale of Plots [8570 - 8574] ( Article 4 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    If Section 8573 is violated, the bureau may suspend or revoke a cemetery license and may require cemetery assets to be reserved or escrowed.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Acquisition, Dedication and Sale [8500 - 8585] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Sale of Plots [8570 - 8574] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 8574. For a violation of any provision of Section 8573, the bureau may temporarily suspend or permanently revoke the license of any cemetery licensee and may order the reservation or escrowing of assets of the cemetery authority to the extent deemed necessary to satisfy the cost of construction of the structure or building. (Amended by Stats. 2000, Ch. 568, Sec. 250. Effective January 1, 2001.)
  105. 8580.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Acquisition, Dedication and Sale [8500 - 8585] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Removal of Dedication [8580 - 8581] ( Article 5 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Property dedicated to cemetery purposes must be used only for cemetery purposes unless a superior court removes the dedication.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Acquisition, Dedication and Sale [8500 - 8585] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Removal of Dedication [8580 - 8581] ( Article 5 enacted by Stats. 1939, Ch. 60. ) ## 8580. Property dedicated to cemetery purposes shall be held and used exclusively for cemetery purposes, unless and until the dedication is removed from all or any part of it by an order and decree of the superior court of the county in which the property is situated, in a proceeding brought by the cemetery authority for that purpose and upon notice of hearing and proof satisfactory to the court: (a) That no interments were made in or that all interments have been removed from that portion of the property from which dedication is sought to be removed. (b) That the portion of the property from which dedication is sought to be removed is not being used for interment of human remains. (Amended by Stats. 1939, Ch. 1032.)
  106. 8581.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Acquisition, Dedication and Sale [8500 - 8585] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Removal of Dedication [8580 - 8581] ( Article 5 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The hearing notice must be published once a week for at least three consecutive weeks in a daily county newspaper and posted in three conspicuous places on the affected cemetery property.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Acquisition, Dedication and Sale [8500 - 8585] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Removal of Dedication [8580 - 8581] ( Article 5 enacted by Stats. 1939, Ch. 60. ) ## 8581. The notice of hearing provided in section 8580 shall be given by publication once a week for at least three consecutive weeks in a daily newspaper of general circulation in the county where said cemetery is located, and the posting of copies of the notice in three conspicuous places on that portion of the property from which the dedication is to be removed. Said notice shall: (a) Describe the portion of the cemetery property sought to be removed from dedication. (b) State that all remains have been removed or that no interments have been made in the portion of the cemetery property sought to be removed from dedication. (c) Specify the time and place of the hearing. (Added by Stats. 1939, Ch. 1032.)
  107. 8585.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Acquisition, Dedication and Sale [8500 - 8585] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 6. Transfer of Cemetery Ownership [8585- 8585.] ( Article 6 added by Stats. 1976, Ch. 728. )

    Verify source ↗

    This section requires cemetery authorities to notify the Cemetery and Funeral Bureau before ownership transfers, publish a public notice, and post required signs, and it bars purchases or ownership transfers without a certificate of authority.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Acquisition, Dedication and Sale [8500 - 8585] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 6. Transfer of Cemetery Ownership [8585- 8585.] ( Article 6 added by Stats. 1976, Ch. 728. ) ## 8585. (a) Whenever ownership of any cemetery authority is proposed to be transferred, the cemetery authority shall notify the Cemetery and Funeral Bureau in the Department of Consumer Affairs. A change in ownership, for purposes of this section, shall be deemed to occur whenever more than 50 percent of the equitable ownership of a cemetery authority is transferred in a single transaction or in a related series of transactions to one or more persons, associations, or corporations. The notice shall specify the address of the principal offices of the cemetery authority, and whether it will be changed or unchanged, and shall specify the name and address of each new owner and the stockholders. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation in the minimum amount of two thousand five hundred dollars ($2,500) and the maximum amount of twenty-five thousand dollars ($25,000). An action for a civil penalty under this provision may be brought by any public prosecutor in the name of the people of the State of California and the penalty imposed shall be enforceable as a civil judgment. (b) Notice of the change of ownership shall be published in a newspaper of general circulation in the county in which the cemetery is located. The notice shall specify the address of the principal offices of the cemetery authority, whether changed or unchanged, and shall specify the name and address of each new owner and each stockholder owning more than 5 percent of the stock of each new owner. (c) If there is a change of ownership pursuant to this section, the existing certificate of authority shall lapse and a new certificate of authority shall be obtained from the Cemetery and Funeral Bureau. No person shall purchase a cemetery, including purchase at a sale for delinquent taxes, or purchase more than 50 percent of the equitable ownership of a cemetery authority without having obtained a certificate of authority from the Cemetery and Funeral Bureau prior to the purchase of the cemetery or the ownership interest in the cemetery authority. (d) Every cemetery authority shall post and continuously maintain at each public entrance to the cemetery a sign specifying the current name and address of the cemetery authority, a statement that the name and address of each director and officer of the cemetery authority may be obtained by contacting the Cemetery and Funeral Bureau, and shall have either of the following: (1) The address of the Cemetery and Funeral Bureau. (2) A statement that the address of the Cemetery and Funeral Bureau is available at the office of the cemetery. (e) The signs shall be at least 16 inches high and 24 inches wide and shall be prominently mounted upright and vertical. (f) The Cemetery and Funeral Bureau shall suspend the certificate of authority of any cemetery authority that is in violation of this section. No person shall obtain a certificate of authority under intentionally false or misleading statements and no person shall delegate authority of ownership under this section, except to another person licensed by the bureau. The certificate may be reinstated only upon compliance with these requirements. (Amended by Stats. 2008, Ch. 490, Sec. 3. Effective January 1, 2009.)
  108. 8600.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Property Rights [8600 - 8680] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General Provisions [8600 - 8605] ( Article 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Plots conveyed to individuals are presumed to be the sole and separate property of the named owner in the conveyance instrument.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Property Rights [8600 - 8680] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General Provisions [8600 - 8605] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 8600. All plots conveyed to individuals are presumed to be the sole and separate property of the owner named in the instrument of conveyance. (Amended by Stats. 1939, Ch. 339.)
  109. 8601.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Property Rights [8600 - 8680] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General Provisions [8600 - 8605] ( Article 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A spouse of a plot owner may have a vested right to be interred in the plot, subject to space conditions.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Property Rights [8600 - 8680] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General Provisions [8600 - 8605] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 8601. The spouse of an owner of any plot containing more than one interment space has a vested right of interment of his remains in the plot and any person thereafter becoming the spouse of the owner has a vested right of interment of his remains in the plot if more than one interment space is unoccupied at the time the person becomes the spouse of the owner. (Amended by Stats. 1939, Ch. 339.)
  110. 8602.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Property Rights [8600 - 8680] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General Provisions [8600 - 8605] ( Article 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    An owner’s conveyance or other action cannot divest a spouse’s vested right of interment unless the spouse gives written consent or joins in the action; a final divorce decree ends that right unless the decree says otherwise.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Property Rights [8600 - 8680] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General Provisions [8600 - 8605] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 8602. No conveyance or other action of the owner without the written consent or joinder of the spouse of the owner divests the spouse of a vested right of interment, except that a final decree of divorce between them terminates the vested right of interment unless otherwise provided in the decree. (Amended by Stats. 1939, Ch. 339.)
  111. 8603.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Property Rights [8600 - 8680] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General Provisions [8600 - 8605] ( Article 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    If an interment plot has no interment, or all remains have been lawfully removed, the owner’s death causes the plot to pass to the owner’s heirs unless the owner has already disposed of it by specific devise or by a written declaration filed and recorded with the cemetery authority.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Property Rights [8600 - 8680] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General Provisions [8600 - 8605] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 8603. If no interment is made in an interment plot which has been transferred by deed or certificate of ownership to an individual owner, or if all remains previously interred are lawfully removed, upon the death of the owner, unless he has disposed of the plot either in his will by a specific devise or by a written declaration filed and recorded in the office of the cemetery authority, the plot descends to the heirs at law of the owner subject to the rights of interment of the decedent and his surviving spouse. (Enacted by Stats. 1939, Ch. 60.)
  112. 8604.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Property Rights [8600 - 8680] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General Provisions [8600 - 8605] ( Article 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Cemetery property that passes to a person because the owner died is exempt from all inheritance taxes.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Property Rights [8600 - 8680] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General Provisions [8600 - 8605] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 8604. Cemetery property passing to an individual by reason of the death of the owner is exempt from all inheritance taxes. (Enacted by Stats. 1939, Ch. 60.)
  113. 8605.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Property Rights [8600 - 8680] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General Provisions [8600 - 8605] ( Article 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    An affidavit from a knowledgeable person naming the deceased owner and the people entitled to the plot authorizes the cemetery authority to allow use of the plot’s unoccupied portions.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Property Rights [8600 - 8680] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General Provisions [8600 - 8605] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 8605. An affidavit by a person having knowledge of the facts setting forth the fact of the death of the owner and the name of the person or persons entitled to the use of the plot pursuant to this chapter, is complete authorization to the cemetery authority to permit the use of the unoccupied portions of the plot by the person entitled to the use of it. (Enacted by Stats. 1939, Ch. 60.)
  114. 8625.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Property Rights [8600 - 8680] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Joint Tenants [8625 - 8629] ( Article 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    If a plot is conveyed to two or more joint tenants, each joint tenant has a vested right to be interred in that plot.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Property Rights [8600 - 8680] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Joint Tenants [8625 - 8629] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 8625. In a conveyance to two or more persons as joint tenants each joint tenant has a vested right of interment in the plot conveyed. (Enacted by Stats. 1939, Ch. 60.)
  115. 8626.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Property Rights [8600 - 8680] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Joint Tenants [8625 - 8629] ( Article 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    When a joint tenant dies, the plot title passes immediately to the surviving joint tenants, but it remains subject to the deceased joint tenant’s vested right of interment.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Property Rights [8600 - 8680] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Joint Tenants [8625 - 8629] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 8626. Upon the death of a joint tenant, the title to the plot held in joint tenancy immediately vests in the survivors, subject to the vested right of interment of the remains of the deceased joint tenant. (Enacted by Stats. 1939, Ch. 60.)
  116. 8627.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Property Rights [8600 - 8680] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Joint Tenants [8625 - 8629] ( Article 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Cemetery property held in joint tenancy is exempt from certain Probate Code death-determination proceedings.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Property Rights [8600 - 8680] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Joint Tenants [8625 - 8629] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 8627. Cemetery property held in joint tenancy is exempt from the provisions of the Probate Code relating to proceedings for establishing the fact of death of a person whose death affects title to real property. (Amended by Stats. 1983, Ch. 201, Sec. 2.)
  117. 8628.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Property Rights [8600 - 8680] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Joint Tenants [8625 - 8629] ( Article 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    An affidavit meeting the section’s requirements authorizes the cemetery authority to let the surviving joint tenants or their successors use the unoccupied part of a plot.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Property Rights [8600 - 8680] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Joint Tenants [8625 - 8629] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 8628. An affidavit by any person having knowledge of the facts setting forth the fact of the death of one joint tenant and establishing the identity of the surviving joint tenants named in the deed to any plot, when filed with the cemetery authority operating the cemetery in which the plot is located, is complete authorization to the cemetery authority to permit the use of the unoccupied portion of the plot in accordance with the directions of the surviving joint tenants or their successors in interest. (Enacted by Stats. 1939, Ch. 60.)
  118. 8629.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Property Rights [8600 - 8680] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Joint Tenants [8625 - 8629] ( Article 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Coowners of a burial plot may name representative persons and file written notice with the cemetery authority.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Property Rights [8600 - 8680] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Joint Tenants [8625 - 8629] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 8629. When there are several owners of a plot, or of rights of interment in it, they may designate one or more persons to represent the plot and file written notice of designation with the cemetery authority. In the absence of such notice or of written objection to its so doing, the cemetery authority is not liable to any owner for interring or permitting an interment in the plot upon the request or direction of any coowner of the plot. (Enacted by Stats. 1939, Ch. 60.)
  119. 8650.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Property Rights [8600 - 8680] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Family Interment Plots [8650 - 8653] ( Article 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A cemetery plot becomes a family plot when certain family members are interred in it, and unused portions can pass by intestate succession in specified cases.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Property Rights [8600 - 8680] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Family Interment Plots [8650 - 8653] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 8650. (a) Whenever an interment of the remains of a member or of a relative of a member of the family of the record owner or of the remains of the record owner is made in a plot transferred by deed or certificate of ownership to an individual owner, the plot shall become the family plot of the owner. (b) If the owner dies without making disposition of the plot either in his or her will by a specific devise, or by a written declaration filed and recorded in the office of the cemetery authority, any unoccupied portions of the plot shall pass according to the laws of intestate succession as set forth in Sections 6400 to 6413, inclusive, of the Probate Code. (c) As of January 1, 2002, any unoccupied portions of a family plot that became inalienable pursuant to this section as it read on December 31, 2001, shall no longer be inalienable and shall pass according to the laws of intestate succession as set forth in Sections 6400 to 6413, inclusive, of the Probate Code. No sale, transfer, or donation of any unused portion of a family plot made alienable under this subdivision shall be made unless all persons entitled to interment in the family plot under Sections 8651 and 8652 are deceased or have expressly waived in writing the right to be interred in the family plot. (d) The seller of a cemetery plot shall notify the buyer that unused portions of a family plot may pass through intestate succession unless written disposition is made by the buyer and may be sold, transferred, or donated by the buyer’s heirs. The seller shall notify the buyer of the effect of a future transfer, sale, or donation of the unused portion of a family plot on any endowment for care or maintenance of the plot that the buyer may purchase in conjunction with the purchase of the cemetery plot. (Amended by Stats. 2001, Ch. 516, Sec. 1. Effective January 1, 2002.)
  120. 8650.5.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Property Rights [8600 - 8680] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Family Interment Plots [8650 - 8653] ( Article 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    An affidavit meeting specified facts gives the cemetery authority complete authorization to sell the unoccupied portions of the plot.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Property Rights [8600 - 8680] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Family Interment Plots [8650 - 8653] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 8650.5. An affidavit executed by a person who is the owner of the plot by virtue of the laws of intestate succession or by his or her attorney-in-fact, setting forth the fact of the death of the owner, the absence of a disposition of the plot by the owner in his or her will by a specific devise, the name of the person or persons who have rights to the plot under the intestate succession laws of the state, and the consent of that person or those persons to the sale of the plot by the cemetery authority, shall constitute complete authorization to the cemetery authority to permit any sale of the unoccupied portions of the plot. (Added by Stats. 2001, Ch. 516, Sec. 2. Effective January 1, 2002.)
  121. 8651.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Property Rights [8600 - 8680] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Family Interment Plots [8650 - 8653] ( Article 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A family plot may be used for the owner, the owner’s surviving spouse, and then the deceased owner’s parents and children, in the stated order.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Property Rights [8600 - 8680] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Family Interment Plots [8650 - 8653] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 8651. In a family plot one grave, niche or crypt may be used for the owner’s interment; one for the owner’s surviving spouse, if any, who by law has a vested right of interment in it; and in those remaining, if any, the parents and children of the deceased owner in order of death may be interred without the consent of any person claiming any interest in the plot. (Enacted by Stats. 1939, Ch. 60.)
  122. 8652.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Property Rights [8600 - 8680] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Family Interment Plots [8650 - 8653] ( Article 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    If no parent or child survives, the right of interment passes first to the spouse of any child of the record owner and then to the owner’s next heirs at law or their spouses.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Property Rights [8600 - 8680] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Family Interment Plots [8650 - 8653] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 8652. If no parent or child survives, the right of interment goes in the order of death first, to the spouse of any child of the record owner and second, in the order of death to the next heirs at law of the owner or the spouse of any heir at law. (Enacted by Stats. 1939, Ch. 60.)
  123. 8653.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Property Rights [8600 - 8680] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Family Interment Plots [8650 - 8653] ( Article 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A qualifying surviving spouse, parent, child, or heir may give up a family-plot interment right in favor of certain relatives, and then the favored person’s remains may be interred in the plot.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Property Rights [8600 - 8680] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Family Interment Plots [8650 - 8653] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 8653. Any surviving spouse, parent, child or heir who has a right of interment in a family plot may waive such right in favor of any other relative, or spouse of a relative of either the deceased owner or of his spouse, and upon such waiver the remains of the person in whose favor the waiver is made may be interred in the plot. (Amended by Stats. 1945, Ch. 848.)
  124. 8675.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Property Rights [8600 - 8680] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Vested Right of Interment [8675 - 8676] ( Article 4 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A vested right of interment may be waived, and it ends if the remains of the person entitled to it are interred elsewhere.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Property Rights [8600 - 8680] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Vested Right of Interment [8675 - 8676] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 8675. A vested right of interment may be waived and is terminated upon the interment elsewhere of the remains of the person in whom vested. (Enacted by Stats. 1939, Ch. 60.)
  125. 8676.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Property Rights [8600 - 8680] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Vested Right of Interment [8675 - 8676] ( Article 4 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A vested right of interment does not allow a person to place remains in a space already used by someone with a prior vested right, or to place more than one deceased person in one interment space if that would violate cemetery rules.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Property Rights [8600 - 8680] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Vested Right of Interment [8675 - 8676] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 8676. No vested right of interment gives to any person the right to have his remains interred in any interment space in which the remains of any deceased person having a prior vested right of interment have been interred, nor does it give any person the right to have the remains of more than one deceased person interred in a single interment space in violation of the rules and regulations of the cemetery in which the interment space is located. (Enacted by Stats. 1939, Ch. 60.)
  126. 8680.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Property Rights [8600 - 8680] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Voluntary Establishment of Inalienability [8680- 8680.] ( Article 5 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A cemetery authority may accept and hold a plot so it becomes inalienable, and burials in that plot must be limited to the persons named in the transfer or devise.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Property Rights [8600 - 8680] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Voluntary Establishment of Inalienability [8680- 8680.] ( Article 5 enacted by Stats. 1939, Ch. 60. ) ## 8680. A cemetery authority may take and hold any plot conveyed or devised to it by the plot owner so that it will be inalienable, and interments shall be restricted to the persons designated in the conveyance or devise. (Enacted by Stats. 1939, Ch. 60.)
  127. 8700.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 1. Care of Old Cemeteries [8700 - 8715] ( Article 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    This article does not apply to abandoned cemeteries or cemeteries where interments are prohibited.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 1. Care of Old Cemeteries [8700 - 8715] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 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 are prohibited. (Enacted by Stats. 1939, Ch. 60.)
  128. 8701.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 1. Care of Old Cemeteries [8700 - 8715] ( Article 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    If most of the plots in an old cemetery were sold without an adequate endowment care fund, the cemetery’s roads and grounds may be vacated or changed and replatted into plots for burial sales.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 1. Care of Old Cemeteries [8700 - 8715] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 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 for the establishment of an adequate endowment care fund for its care, maintenance, and embellishment, the avenues, roadways, walks, driveways, alleys, streets and parks in it may be vacated or altered and replatted into plots which may be sold for interment purposes pursuant to this article. (Amended by Stats. 1951, Ch. 176.)
  129. 8702.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 1. Care of Old Cemeteries [8700 - 8715] ( Article 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Applications to alter, vacate, or replat cemetery-related ways or park areas must be made to the superior court in the county where the property is located.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 1. Care of Old Cemeteries [8700 - 8715] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 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 shall be made to the superior court in the county in which all or any portion of the property is situated. (Enacted by Stats. 1939, Ch. 60.)
  130. 8703.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 1. Care of Old Cemeteries [8700 - 8715] ( Article 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    An application may be made by the cemetery authority that owns or operates the cemetery, or by twenty or more plot owners if no cemetery authority operates it.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 1. Care of Old Cemeteries [8700 - 8715] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 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 more plot owners. (Enacted by Stats. 1939, Ch. 60.)
  131. 8704.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 1. Care of Old Cemeteries [8700 - 8715] ( Article 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A petition must be verified and must include ownership facts, reasons for the proposed change, and what endowment-care provisions have already been made for the cemetery.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 1. Care of Old Cemeteries [8700 - 8715] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 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 theretofore been made for the endowment care of the cemetery. (Amended by Stats. 1951, Ch. 176.)
  132. 8705.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 1. Care of Old Cemeteries [8700 - 8715] ( Article 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A petition must be filed with a plat of the cemetery and the proposed replat.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 1. Care of Old Cemeteries [8700 - 8715] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 8705. There shall be presented with the petition a plat of the cemetery and the proposed replat which shall clearly indicate the proposed changes. (Enacted by Stats. 1939, Ch. 60.)
  133. 8706.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 1. Care of Old Cemeteries [8700 - 8715] ( Article 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The clerk of the superior court must set a hearing date after a petition is filed, and the date must be between 30 and 60 days from filing.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 1. Care of Old Cemeteries [8700 - 8715] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 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 from the date of filing. (Enacted by Stats. 1939, Ch. 60.)
  134. 8707.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 1. Care of Old Cemeteries [8700 - 8715] ( Article 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The hearing notice must be published in a newspaper of general circulation near the cemetery in the county where the property is located, once a week for three consecutive weeks before the hearing date.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 1. Care of Old Cemeteries [8700 - 8715] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 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 property is situated, once a week for three consecutive weeks prior to the date of hearing. (Enacted by Stats. 1939, Ch. 60.)
  135. 8708.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 1. Care of Old Cemeteries [8700 - 8715] ( Article 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Copies of the notice must be posted in three conspicuous places within the cemetery.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 1. Care of Old Cemeteries [8700 - 8715] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 8708. Copies of the notice shall be posted in three conspicuous places within the cemetery. (Enacted by Stats. 1939, Ch. 60.)
  136. 8709.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 1. Care of Old Cemeteries [8700 - 8715] ( Article 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The notice must be addressed to all persons owning or interested in cemetery plots, describe the proposed changes and reasons, state the hearing time, and say that a plat of the proposed changes is on file with the court clerk.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 1. Care of Old Cemeteries [8700 - 8715] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 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 proposed changes. (c) Set forth the reasons stated in the petition for making the changes. (d) State the time when the hearing of the petition will be had. (e) State that a plat showing the proposed changes is on file with the clerk of the court. (Enacted by Stats. 1939, Ch. 60.)
  137. 8710.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 1. Care of Old Cemeteries [8700 - 8715] ( Article 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    At the hearing, the court must hear evidence and objections, and it may approve the proposed changes, approve them in part, or allow modifications.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 1. Care of Old Cemeteries [8700 - 8715] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 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 proposed changes and replat in whole or in part, or may order and allow modifications of the proposed changes. The hearing may be continued from time to time by order of court. (Amended by Stats. 1939, Ch. 339.)
  138. 8711.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 1. Care of Old Cemeteries [8700 - 8715] ( Article 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The cemetery authority or a court-directed person must accept newly created plots and may sell or convey them only for interment purposes.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 1. Care of Old Cemeteries [8700 - 8715] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 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. (Amended by Stats. 1957, Ch. 79.)
  139. 8713.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 1. Care of Old Cemeteries [8700 - 8715] ( Article 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Vacating a nearby road or similar area does not give the plot owner any interest in the vacated land, but the adjacent owner may buy the new plots within 10 days after the vacation order.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 1. Care of Old Cemeteries [8700 - 8715] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 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 plot to the vacated portion; but the adjacent owner shall, for 10 days after the date of the order of vacation, have the right to purchase the new plots. (Amended by Stats. 1957, Ch. 79.)
  140. 8714.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 1. Care of Old Cemeteries [8700 - 8715] ( Article 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    When a court allows damages to a plot owner for a vacation, it must consider the benefit provided by endowment care.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 1. Care of Old Cemeteries [8700 - 8715] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 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. (Amended by Stats. 1951, Ch. 176.)
  141. 8715.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 1. Care of Old Cemeteries [8700 - 8715] ( Article 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    This section declares cemetery-preservation measures to be an exercise of the State’s police power and treats specified takings for that purpose as an exercise of eminent domain.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 1. Care of Old Cemeteries [8700 - 8715] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 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 cemeteries as resting places for the dead and to preserve cemeteries from becoming unkept and places of reproach and desolation in the communities in which they are located. The taking of roadways, alleys, walks, avenues, driveways, streets and parks for the purposes and by the method in this section specified, regardless of the private character of the association or person applying therefor, is hereby declared an exercise of the right of eminent domain in behalf of the public health, safety, comfort, pleasure, protection, and historic instruction to present and future generations. (Enacted by Stats. 1939, Ch. 60.)
  142. 8725.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 2. Care of Active Cemeteries [8725 - 8748] ( Article 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A cemetery authority that maintains a cemetery may place it under endowment care and operate an endowment care fund, with specific rules for commingling and separate accounting of certain trust-based funds.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 2. Care of Active Cemeteries [8725 - 8748] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 8725. A cemetery authority that maintains a cemetery may place its cemetery under endowment care and establish, maintain, and operate an endowment care fund. Endowment care and special care funds consisting of trust funds created by irrevocable trust agreements may be commingled for investment and the net income therefrom shall be divided between the endowment care and special care funds in the proportion that each fund contributed to the principal sum invested. Special care funds derived from trusts created by a revocable agreement shall not be commingled for investment and shall be accounted for separately from all other funds. The funds may be held in the name of the cemetery authority, its directors, or in the name of the trustees appointed by the cemetery authority. (Amended by Stats. 2017, Ch. 750, Sec. 2. (AB 926) Effective January 1, 2018.)
  143. 8726.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 2. Care of Active Cemeteries [8725 - 8748] ( Article 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Trustees must keep separate records for endowment and special care funds.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 2. Care of Active Cemeteries [8725 - 8748] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 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 cemetery in accordance with the provisions of law and the resolutions, bylaws, rules, and regulations or other actions or instruments of the cemetery authority and for no other purpose. Endowment and special care funds shall be maintained separate and distinct from all other funds and the trustees shall keep separate records thereof. (b) For purposes of this article, the following definitions shall apply: (1) “Income” means distribution under either the net income distribution method or the unitrust distribution method. (2) “Unitrust distribution method” means an income distribution method where the net income amount, known as the unitrust amount, is no more than 5 percent of the fair market value of the trust assets. (Amended by Stats. 2017, Ch. 750, Sec. 3. (AB 926) Effective January 1, 2018.)
  144. 8726.1.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 2. Care of Active Cemeteries [8725 - 8748] ( Article 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    If a cemetery authority establishes an endowment care fund, the fund must follow a net income distribution method with reserve limits and rules. The authority may switch to a unitrust distribution method only with prior approval from the Cemetery and Funeral Bureau.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 2. Care of Active Cemeteries [8725 - 8748] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 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 following: (1) The trustee of the endowment care fund shall create a reserve from which principal losses may be replaced by setting aside a reasonable percentage of the income from the fund. (2) The trustee may also set aside, out of income or net capital gains from investments, reserves for future maintenance, repair, replacement, or restoration of property or embellishments in the cemetery that may be necessary or desirable as a result of wear, deterioration, accident, damage, or destruction. (3) The total amount of these reserves for maintenance, repair, and restoration shall not at any time exceed 10 percent of the endowment care fund. (4) As used in this section, “net capital gains” means the amount by which cumulative realized capital gains since the establishment of the endowment care fund exceed the sum of cumulative realized capital losses since the establishment of the endowment care fund and capital gains previously set aside in reserve. (5) Additions to the reserve in any year from net capital gains shall not exceed one-half the difference between the capital gains and the capital losses during the year. (6) Net capital gains not set aside in reserve in any given year shall become a part of the principal of the endowment care fund. (b) Notwithstanding subdivision (a), a cemetery authority may convert its endowment care fund from a net income distribution method to a unitrust distribution method if it obtains prior approval from the Cemetery and Funeral Bureau pursuant to Section 8726.2. (Amended by Stats. 2017, Ch. 750, Sec. 4. (AB 926) Effective January 1, 2018.)
  145. 8726.2.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 2. Care of Active Cemeteries [8725 - 8748] ( Article 2 enacted by Stats. 1939, Ch. 60. )

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    A cemetery authority, board of trustees, or corporate trustee may ask the Cemetery and Funeral Bureau to convert an endowment care fund to a unitrust distribution method if the statute’s conditions are met.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 2. Care of Active Cemeteries [8725 - 8748] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 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 its endowment care fund from a net income distribution method to a unitrust distribution method. (b) The bureau shall approve the application described in subdivision (a) only if all of the following conditions are met: (1) The cemetery authority, its board of trustees, or its corporate trustee provides the investment objectives of the trust and those objectives promote the mutual goals of (A) growing the principal assets to sufficiently cover the cost of future and ongoing care and maintenance of the cemetery and (B) generating income to support the cemetery, as described in Section 8726. (2) Evidence is provided that the cemetery authority, its board of trustees, or its corporate trustee will invest and manage the trust under the prudent investor rule, as described in Article 2.5 (commencing with Section 16045) of Chapter 1 of Part 4 of Division 9 of the Probate Code, including, but not limited to, the requirements of Section 16050 of the Probate Code. (3) The cemetery authority, its board of trustees, or its corporate trustee demonstrates sufficient knowledge and expertise in investing and managing an endowment care fund. (4) The unitrust amount is no more than 5 percent of the average net fair market value of the endowment care fund. (5) A reserve is created for future maintenance, repair, restoration of property, or embellishments in the cemetery for use when the endowment fund has inadequate funds for full distribution, as described in subparagraph (C) of paragraph (6). The cemetery authority, its board of trustees, or its corporate trustee may set aside a portion of the unitrust amount for the reserve. (6) (A) The distribution of the unitrust amount may be made to the cemetery authority on a monthly, quarterly, semiannual, or annual basis, unless the endowment care fund has inadequate funds for full distribution. (B) An endowment care fund has inadequate funds for full distribution if either of the following events occur: (i) The net fair market value of the endowment care fund, after the distribution, is less than 80 percent of the aggregate fair market value of the endowment care fund as of the end of the immediate preceding fiscal year. (ii) The endowment care fund is less than the cumulative total of all principal contributions to the fund since inception. (C) (i) If the endowment care fund has inadequate funds for full distribution, the distribution shall be limited to the lesser of net income distribution or an amount no more than a unitrust distribution of 1.5 percent of the average net fair market value of the assets, and the fees and expenses associated with the management of the fund shall be paid by the cemetery authority. (ii) The cemetery authority, its board of trustees, or its corporate trustee may draw from the reserve described in paragraph (5) only during a fiscal year where there are inadequate funds for full distribution. An amount drawn from the reserve during that fiscal year shall be the lesser of the difference between the unitrust amount described in paragraph (4) and the limited distribution amount described in clause (i), or one-third of the total amount of the reserve. (7) (A) Notwithstanding Section 8733 or 8733.5, the compensation of the trustee shall be reasonable and shall meet the following conditions: (i) If the net fair market value of the endowment care fund as of the end of the immediately preceding fiscal year, as of the last trading day, is less than five hundred thousand dollars ($500,000), the annual compensation of the trustee shall not exceed three thousand five hundred dollars ($3,500). (ii) If the net fair market value of the endowment care fund as of the end of the immediately preceding fiscal year, as of the last trading day, is five hundred thousand dollars ($500,000) or more, the annual compensation of the trustee shall not exceed: (I) 0.8 percent of the first one million dollars ($1,000,000). (II) 0.6 percent of the next four million dollars ($4,000,000). (III) 0.5 percent of the next five million dollars ($5,000,000). (IV) 0.15 percent of all amounts above ten million dollars ($10,000,000). (B) The payment of the compensation of the trustee as set forth in subparagraph (A) shall be determined by a contractually prescribed schedule that is annual, semiannual, quarterly, or monthly with a schedule adopted for a period of no less than one year, and with relation to the net fair market value of the endowment care fund as of the end of the scheduled period, and the calculation of those fees as a percentage of that value shall be adjusted for that calculation. (C) Nothing in this paragraph requires the payment of compensation to the trustee in a fiscal year. (8) The cemetery authority has submitted all annual reports, pursuant to Section 7612.6 of the Business and Professions Code, for the previous five consecutive years. (c) The bureau shall deny a cemetery authority’s application if the bureau has found any of the conditions described in subdivisions (a) to (f), inclusive, of Section 7613.9 of the Business and Professions Code. (d) To assist the bureau in making its determination, the cemetery authority, its board of trustees, or its corporate trustee shall provide all relevant trust documents, including a proposed trust instrument, if available. If relevant trust documents become available after the bureau makes a determination, the cemetery authority, its board of trustees, or its corporate trustee shall provide it to the bureau. (e) (1) The bureau shall review on an annual basis whether a cemetery authority continues to meet the conditions of approval, described in subdivision (b), for the use of the unitrust distribution method. (2) If the net fair market value of an endowment using the unitrust distribution method as of the end of the immediately preceding fiscal year falls to lower than five hundred thousand dollars ($500,000), the bureau, in its review, shall consider the fees and expenses associated with the management of the fund. (3) If a cemetery authority is determined not to meet the original conditions of approval described in subdivision (b), or has failed to file an annual report pursuant to Section 7612.6 of the Business and Professions Code, the cemetery authority may be required to revert to the use of the net income distribution method. (f) The bureau may adopt rules to administer this section and ensure compliance, including, but not limited to, reporting requirements. (g) The bureau shall evaluate the effectiveness of this section and report at its next two hearings before the Joint Sunset Review Oversight Hearings of the Assembly Committee on Business and Professions and Senate Committee on Business, Professions and Economic Development that occurs after January 1, 2018. (h) For the purpose of this section, the following words have the following meanings: (1) “Average net fair market value” means the net fair market value of the assets in the endowment care fund as of the last trading day for each of the three preceding fiscal years. Investment adviser fees and other operating expenses shall be deducted in determining the net fair market value. (2) “Compensation of the trustee” means the total annual sum of all compensation paid to all trustees of an endowment care fund and to all agents and employees of those trustees. (3) “Net fair market value” means the fair market value of the endowment care fund at a specified point in time after deducting investment adviser fees and other operating expenses. (i) Nothing in this section relieves the trustee of the obligation to comply with the prudent investor rule, as described in Article 2.5 (commencing with Section 16045) of Chapter 1 of Part 4 of Division 9 of the Probate Code, including, but not limited to, Section 16050 of the Probate Code. (Amended by Stats. 2021, Ch. 376, Sec. 37. (AB 830) Effective January 1, 2022.)
  146. 8726.3.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 2. Care of Active Cemeteries [8725 - 8748] ( Article 2 enacted by Stats. 1939, Ch. 60. )

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    The cemetery trust fund’s principal and income are exempt from seizure, and if seized by a public entity or if cemetery authority ownership is transferred, the funds may be used only for cemetery care, maintenance, and embellishment.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 2. Care of Active Cemeteries [8725 - 8748] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 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, or process, including bankruptcy, by any private entity, including, but not limited to, creditors of the beneficiaries, the trustee, or any person owning, operating, managing, conducting, or providing perpetual or endowed care to or for the cemetery for which the trust fund was created. In the event of seizure by any public entity, the principal and income of the trust fund shall only be available for the care, maintenance, and embellishment of that cemetery. (b) If ownership of a cemetery authority is transferred pursuant to Section 8585, the principal and income of the trust fund shall only be available for the care, maintenance, and embellishment of that cemetery property in accordance with the provisions of law and the resolutions, bylaws, rules, and regulations or other actions or instruments of the cemetery authority. (Added by Stats. 2019, Ch. 309, Sec. 2. (AB 795) Effective January 1, 2020.)
  147. 8728.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 2. Care of Active Cemeteries [8725 - 8748] ( Article 2 enacted by Stats. 1939, Ch. 60. )

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    The cemetery authority may adopt care and maintenance plans and may charge later plot purchasers a reasonable amount to fund that care.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 2. Care of Active Cemeteries [8725 - 8748] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 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 subsequent purchasers of plots such reasonable sum as, in the judgment of the cemetery authority, will aggregate a fund, the reasonable income from which will provide care, maintenance and embellishment. (Amended by Stats. 1951, Ch. 176.)
  148. 8729.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 2. Care of Active Cemeteries [8725 - 8748] ( Article 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    After the purchase price and required contribution for endowment care are paid, the deed or a separate instrument may include an agreement to use the fund’s income for cemetery care, maintenance, and embellishment.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 2. Care of Active Cemeteries [8725 - 8748] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 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 by separate instrument an agreement to use the income from such endowment care fund for the care, maintenance, and embellishment in accordance with the plan adopted, for the cemetery and its appurtenances to the proportionate extent the income received by the cemetery authority from the contribution will permit. (Amended by Stats. 1951, Ch. 176.)
  149. 8730.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 2. Care of Active Cemeteries [8725 - 8748] ( Article 2 enacted by Stats. 1939, Ch. 60. )

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    A cemetery authority may make an agreement with a plot owner to use endowment-care fund income for the care of the owner’s plot and its appurtenances, if the owner applies and pays the fixed contribution.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 2. Care of Active Cemeteries [8725 - 8748] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 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 a cemetery authority may enter into an agreement with him to use the income from such fund for the care of his plot and its appurtenances. (Amended by Stats. 1951, Ch. 176.)
  150. 8731.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 2. Care of Active Cemeteries [8725 - 8748] ( Article 2 enacted by Stats. 1939, Ch. 60. )

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    The cemetery authority may appoint at least three trustees for its endowment care fund, and trustees must act under the cemetery authority’s direction.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 2. Care of Active Cemeteries [8725 - 8748] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 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 trustees shall hold office subject to the direction of the cemetery authority. (b) If within 30 days after notice of nonreceipt by the Cemetery and Funeral Bureau or other agency with regulatory authority over cemetery authorities, the cemetery authority fails to file the report required by Section 7612.6 of the Business and Professions Code, or if the report is materially not in compliance with law or the endowment care fund is materially not in compliance with law, the cemetery authority may be required to appoint as sole trustee of its endowment care fund under Section 8733.5, any bank or trust company qualified under the provisions of the Banking Law (Division 1 (commencing with Section 99) of the Financial Code) to engage in the trust business. That requirement may be imposed by the Cemetery and Funeral Bureau or other agency with regulatory authority over cemetery authorities, provided that the cemetery authority has received written notice of the alleged violation and has been given the opportunity to correct the alleged violation, and there has been a finding of a material violation in an administrative hearing. (c) (1) Each member of the board of trustees shall provide signatory acknowledgment of understanding of the role of a trustee in managing trust funds in the following areas: (A) Trustee duties, powers, and liabilities as contained in Part 4 (commencing with Section 16000) of Division 9 of the Probate Code. (B) Reporting and regulatory requirements contained in Article 1.5 (commencing with Section 7611) of Chapter 12 of Division 3 of the Business and Professions Code. (C) Provisions related to the care of active cemeteries contained in Chapter 5 (commencing with Section 8700) of Part 3 of Division 8. (2) The signatory acknowledgment shall be retained by the cemetery authority during the duration of the trustee’s term of office. (Amended by Stats. 2018, Ch. 571, Sec. 33. (SB 1480) Effective January 1, 2019.)
  151. 8732.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 2. Care of Active Cemeteries [8725 - 8748] ( Article 2 enacted by Stats. 1939, Ch. 60. )

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    No more than one board member of an endowment care fund may hold a proprietary interest in the cemetery authority.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 2. Care of Active Cemeteries [8725 - 8748] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 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. (Repealed and added by Stats. 1976, Ch. 729.)
  152. 8732.1.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 2. Care of Active Cemeteries [8725 - 8748] ( Article 2 enacted by Stats. 1939, Ch. 60. )

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    Trustees of an endowment care fund must be residents of this State, and corporate trustees must be qualified to do business in this State.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 2. Care of Active Cemeteries [8725 - 8748] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 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. (Added by Stats. 1955, Ch. 595.)
  153. 8733.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 2. Care of Active Cemeteries [8725 - 8748] ( Article 2 enacted by Stats. 1939, Ch. 60. )

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    A fund may not pay more than 5% of its net income each year as compensation to the board of trustees for trustee services.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 2. Care of Active Cemeteries [8725 - 8748] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 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 to the board of trustees for its services as trustee. This amount shall be the total compensation from the fund to be paid to a trustee for services. For purposes of this section, “net income” means the amount of income remaining after reasonable administrative expenses, including bookkeeping, postage, taxes, and other costs directly related to generating income to the trust fund, have been deducted from the gross income derived from the fund. (Amended by Stats. 1997, Ch. 142, Sec. 10. Effective January 1, 1998.)
  154. 8733.5.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 2. Care of Active Cemeteries [8725 - 8748] ( Article 2 enacted by Stats. 1939, Ch. 60. )

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    A cemetery authority may appoint a qualified bank or trust company as sole trustee of its endowment care fund instead of a board of trustees.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 2. Care of Active Cemeteries [8725 - 8748] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 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 bank or trust company qualified under the provisions of the Banking Law (Division 1 (commencing with Section 99) of the Financial Code) to engage in the trust business. If a cemetery authority appoints a bank or trust company, the sum paid to the bank or trust company may exceed 5 percent of the net income derived from the endowment care fund, or special care fund, or both, notwithstanding Section 8733. (Amended by Stats. 1997, Ch. 142, Sec. 11. Effective January 1, 1998.)
  155. 8734.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 2. Care of Active Cemeteries [8725 - 8748] ( Article 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Certain cemetery trustees must file a $50,000 fidelity bond with the Cemetery and Funeral Bureau, unless an exception applies.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 2. Care of Active Cemeteries [8725 - 8748] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 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 funds shall file a fidelity bond executed by an admitted surety insurer with the Cemetery and Funeral Bureau in the amount of fifty thousand dollars ($50,000), guaranteeing payment to each such fund of any monetary loss incurred by the fund occasioned by acts of fraud or dishonesty by the trustees or trustee. The board of trustees or corporate trustee of both an endowment care fund and one or more special care funds need file only one such bond. (b) Any cemetery authority which has a fidelity bond on all officers and employees issued by an admitted surety insurer and which by its terms would cover any acts of fraud or dishonesty by the trustees or corporate trustee of its endowment and special care funds need not file a separate bond with the Cemetery and Funeral Bureau as provided in subdivision (a), but shall submit to the Cemetery and Funeral Bureau satisfactory evidence of such a fidelity bond. Such fidelity bond, except as provided in subdivision (c), shall provide at least fifty thousand dollars ($50,000) specifically designated to guarantee payment of any monetary loss incurred by the endowment care or special care funds of the cemetery authority occasioned by any acts of fraud or dishonesty by the board of trustees or corporate trustee thereof. (c) Upon application, the Cemetery and Funeral Bureau may reduce the amount of the bond required pursuant to this section if moneys in the endowment care fund and special care funds administered by the applicant board of trustees or corporate trustee are substantially less than fifty thousand dollars ($50,000). In such cases, the Cemetery and Funeral Bureau may permit filing of a bond pursuant to subdivision (a) or (b) which, while the bond is on file, is not less than the aggregate amount of all moneys in the endowment care fund and special care funds administered by the applicant. If the Cemetery and Funeral Bureau permits exceptions pursuant to this subdivision, it shall adopt procedures to assure that affected bonds do not fall below such amount. (d) The trustees or corporate trustee of an endowment care fund or special care fund shall take no action respecting trust funds unless there is on file with the bureau a bond as required by this section. The Cemetery and Funeral Bureau may suspend the certificate of authority of any cemetery authority having endowment or special care funds with respect to which there is no bond on file with the bureau as required by this section, or whenever such a bond falls below the amount required by this section. (e) Any state or national bank authorized to engage in the trust business pursuant to Division 1 (commencing with Section 99) of the Financial Code shall be exempt from the requirements of this section. (Amended by Stats. 2000, Ch. 568, Sec. 253. Effective January 1, 2001.)
  156. 8735.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 2. Care of Active Cemeteries [8725 - 8748] ( Article 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A cemetery authority with an established endowment care fund may accept and hold property contributed to that fund.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 2. Care of Active Cemeteries [8725 - 8748] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 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 or mixed, bequeathed, devised, granted, given or otherwise contributed to it for its endowment care fund. (Amended by Stats. 1951, Ch. 176.)
  157. 8736.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 2. Care of Active Cemeteries [8725 - 8748] ( Article 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Endowment care funds and contributions to them are expressly permitted for charitable purposes.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 2. Care of Active Cemeteries [8725 - 8748] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 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 is a provision for the discharge of a duty due from the persons contributing to the persons interred and to be interred in the cemetery and a provision for the benefit and protection of the public by preserving and keeping cemeteries from becoming unkept and places of reproach and desolation in the communities in which they are situated. (Amended by Stats. 1951, Ch. 176.)
  158. 8737.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 2. Care of Active Cemeteries [8725 - 8748] ( Article 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Contributions for general endowment care are not invalid just because the beneficiaries are indefinite or uncertain, and they are also not invalid under rules against perpetuities or suspension of alienation.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 2. Care of Active Cemeteries [8725 - 8748] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 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 designated as beneficiaries, nor is the fund or any contribution to it invalid as violating any law against perpetuities or the suspension of the power of alienation of title to property. (Amended by Stats. 1951, Ch. 176.)
  159. 8738.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 2. Care of Active Cemeteries [8725 - 8748] ( Article 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    This section defines “net price” and requires an endowment care cemetery to deposit specified minimum amounts into its endowment care fund for graves, niches, crypts, and certain scattered cremated or hydrolyzed remains.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 2. Care of Active Cemeteries [8725 - 8748] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 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 space. (b) An endowment care cemetery is one which has deposited in its endowment care fund the minimum amounts heretofore required by law and shall hereafter have deposited in its endowment care fund at the time of or not later than completion of the initial sale not less than the following amounts for plots sold or disposed of: (1) Either 10 percent of net price or two hundred fifty dollars ($250), whichever is greater, with a required deposit not to exceed ten thousand dollars ($10,000), for each grave. (2) Either 10 percent of net price or one hundred fifty dollars ($150), whichever is greater, with a required deposit not to exceed ten thousand dollars ($10,000), for each niche. (3) Either 10 percent of net price or two hundred fifty dollars ($250), whichever is greater, with a required deposit not to exceed ten thousand dollars ($10,000), for each crypt. (4) Either 10 percent of net price or one hundred fifty dollars ($150), whichever is greater, for the cremated or hydrolyzed remains of each deceased person scattered in the cemetery at a garden or designated open area that is not an interment site subject to paragraph (1). (c) This section shall become operative on January 1, 2024. (Repealed (in Sec. 6) and added by Stats. 2021, Ch. 442, Sec. 7. (AB 651) Effective January 1, 2022. Operative January 1, 2024, by its own provisions.)
  160. 8738.1.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 2. Care of Active Cemeteries [8725 - 8748] ( Article 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A newly established endowment care cemetery must deposit an additional amount into its endowment care fund before selling or disposing of any plot.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 2. Care of Active Cemeteries [8725 - 8748] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 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 additional sum of twenty-five thousand dollars ($25,000), or thirty-five thousand dollars ($35,000) if established on or after January 1, 1977, before disposing of any plot or making any sale thereof. (Amended by Stats. 1976, Ch. 525.)
  161. 8738.2.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 2. Care of Active Cemeteries [8725 - 8748] ( Article 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The endowment care fund must be kept separate from other cemetery funds, with separate records, and the deposit amount must be shown in the purchase agreement and copied to the purchaser.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 2. Care of Active Cemeteries [8725 - 8748] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 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 kept of the endowment care fund. The amount to be deposited in the endowment care fund shall be separately shown on the original purchase agreement and a copy delivered to the purchaser. In the sale of cemetery property, no commission shall be paid a broker or salesman on the amount deposited by the purchaser in the fund. (Added by Stats. 1955, Ch. 595.)
  162. 8739.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 2. Care of Active Cemeteries [8725 - 8748] ( Article 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A cemetery is a “nonendowment care cemetery” if it has not deposited the minimum amounts required by law into an endowment care fund.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 2. Care of Active Cemeteries [8725 - 8748] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 8739. A nonendowment care cemetery is one that does not have deposited in an endowment care fund the minimum amounts required by law. (Amended by Stats. 1951, Ch. 176.)
  163. 8739.1.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 2. Care of Active Cemeteries [8725 - 8748] ( Article 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Cemeteries established on or after September 7, 1955, or those excluded from the named exemption, are treated as endowment care cemeteries.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 2. Care of Active Cemeteries [8725 - 8748] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 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) of such subdivision, shall be an endowment care cemetery. (Amended by Stats. 1972, Ch. 1269.)
  164. 8740.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 2. Care of Active Cemeteries [8725 - 8748] ( Article 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A cemetery may be designated as an endowment care cemetery if a small nonendowment section is separated off and clearly signed; certain documents must use the phrase “nonendowment care,” and new nonendowment care sections, or expansions of existing ones, are not allowed in an endowment care cemetery.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 2. Care of Active Cemeteries [8725 - 8748] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 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 without endowment care, if the section is separately set off from the remainder of the cemetery and if signs are kept prominently placed around the section designating the same as a “nonendowment care section” in legible black lettering at least four inches high. There shall be printed at the head of all contracts, agreements, statements, receipts and certificates of ownership or deeds referring to plots in the section the phrase “nonendowment care” in lettering of a size and style to be approved by the Cemetery and Funeral Bureau. No new “nonendowment care” sections shall be established, nor an existing one enlarged in an endowment care cemetery. (Amended by Stats. 2000, Ch. 568, Sec. 254. Effective January 1, 2001.)
  165. 8741.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 2. Care of Active Cemeteries [8725 - 8748] ( Article 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Each endowment care cemetery must post a public sign at the entrance and administration building with specified wording and formatting.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 2. Care of Active Cemeteries [8725 - 8748] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 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 accessible to the public, a legible sign that shall contain the following information in the order and manner set forth below: (a) A heading containing the words “endowment care”—which shall appear in a minimum of one-inch letters. (b) The statement, “This is an endowment care interment property.” (Amended by Stats. 2006, Ch. 124, Sec. 2. Effective January 1, 2007.)
  166. 8743.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 2. Care of Active Cemeteries [8725 - 8748] ( Article 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Nonendowment care cemeteries, or the Cemetery and Funeral Bureau, must post a legible public sign in specified locations, and the Bureau must approve the sign’s lettering size and style.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 2. Care of Active Cemeteries [8725 - 8748] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 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 a conspicuous place at or near the entrance of the cemetery or its administration building and readily accessible to the public, a legible sign with lettering of a size and style to be approved by the Cemetery and Funeral Bureau that shall contain the following information in the order and manner set forth below: (a) A heading containing the words “nonendowment care.” (b) This is a nonendowment care interment property. (Amended by Stats. 2000, Ch. 568, Sec. 255. Effective January 1, 2001.)
  167. 8744.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 2. Care of Active Cemeteries [8725 - 8748] ( Article 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Nonendowment care cemeteries must print a required statement at the top of specified materials, and the phrase “nonendowment care” must be in a size and style approved by the Cemetery and Funeral Bureau.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 2. Care of Active Cemeteries [8725 - 8748] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 8744. There shall be printed at the head of all contracts, agreements, statements, receipts, literature and other publications of nonendowment care cemeteries the following form: “This institution is operated as a ‛nonendowment care’ interment property.” The phrase “nonendowment care” shall be of a size and style to be approved by the Cemetery and Funeral Bureau. (Amended by Stats. 2000, Ch. 568, Sec. 256. Effective January 1, 2001.)
  168. 8745.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 2. Care of Active Cemeteries [8725 - 8748] ( Article 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The information shown on cemetery signs and in the cemetery office report must be revised every year and verified by the president and secretary, or by two officers authorized by the cemetery authority.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 2. Care of Active Cemeteries [8725 - 8748] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 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 two officers authorized by the cemetery authority. (Added by Stats. 1939, Ch. 339.)
  169. 8746.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 2. Care of Active Cemeteries [8725 - 8748] ( Article 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Violating this article, or making a willful false statement in certain publications, is a misdemeanor.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 2. Care of Active Cemeteries [8725 - 8748] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 8746. Any person, partnership, corporation, association, or his, her, or its agents or representatives, who shall violate any of the provisions of this article, except as provided in Section 8785, or make any willful or false statement appearing on a sign, contract, agreement, receipt, statement, literature or other publication shall be guilty of a misdemeanor. (Amended by Stats. 1982, Ch. 897, Sec. 1.)
  170. 8747.5.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 2. Care of Active Cemeteries [8725 - 8748] ( Article 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Each cemetery must keep its general and special care fund books and records in California and make them available for inspection by the Cemetery and Funeral Bureau.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 2. Care of Active Cemeteries [8725 - 8748] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 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 general and special care funds. They shall be readily available for inspection and examination by the Cemetery and Funeral Bureau in accordance with the provisions of the Business and Professions Code. (Amended by Stats. 2000, Ch. 568, Sec. 257. Effective January 1, 2001.)
  171. 8748.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 2. Care of Active Cemeteries [8725 - 8748] ( Article 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    If certain cemetery entities merge, their endowment care funds may be combined, but only through a trust declaration approved by the required trustees, directors, and the Cemetery and Funeral Bureau.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 2. Care of Active Cemeteries [8725 - 8748] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 8748. Where an endowment care mausoleum or mausoleum-columbarium is operated within an endowment care cemetery and the cemetery corporations or cemetery authorities owning or operating each merge and consolidate into one cemetery authority or corporation, the endowment care funds established by each may be consolidated and merged into one endowment care fund. Such merger shall be accomplished by the execution of a declaration of trust by the successor cemetery authority or corporation, which declaration shall provide: (a) That the assets of each endowment care fund shall be merged and consolidated into one endowment care fund which shall be held and administered by the directors of the successor cemetery authority or the trustees appointed by them for the care, maintenance, and embellishment of both cemeteries in accordance with the provisions of this code. (b) That the income from such endowment care funds shall be used for the general care, maintenance, and embellishment for the cemetery as a whole, or, if the income from such consolidated fund is to be divided between such mausoleum or mausoleum-columbarium and cemetery, the proportion or manner in which it is to be divided. (c) That it accepts and will administer all special care funds for the purpose for which they were established and in accordance with the provisions of this code. The declaration of trust shall be approved by all of the trustees of each endowment care fund and by the directors of the cemetery authority or corporation appointing such trustees, which approval shall be endorsed upon such declaration of trust. The declaration of trust shall not be effective unless and until approved by the Cemetery and Funeral Bureau. An executed copy of such declaration of trust so approved shall be filed with the Cemetery and Funeral Bureau and in the office of the cemetery authority or corporation owning or operating such cemetery, where it shall be available for inspection by any owner of property therein. Upon approval of the declaration of trust by the Cemetery and Funeral Bureau, the assets and liabilities of such endowment care funds shall be deemed merged and consolidated into one endowment care fund, and the trustees of, or appointed by, the cemetery authority or corporation handling such funds shall be immediately vested with the title to all of the assets and subject to all of the liabilities thereof. The trustees of the endowment care funds which have been thus merged or consolidated shall be relieved of any obligations or duties arising subsequent to such merger or consolidation. (Amended by Stats. 2000, Ch. 568, Sec. 258. Effective January 1, 2001.)
  172. 8750.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 3. Investment of Endowment Funds [8750 - 8751.1] ( Heading of Article 3 amended by Stats. 1951, Ch. 176. )

    Verify source ↗

    Endowment care funds may be used only for legally authorized reserves and cemetery endowment care, and only from income.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 3. Investment of Endowment Funds [8750 - 8751.1] ( Heading of Article 3 amended by Stats. 1951, Ch. 176. ) ## 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 of the cemetery in accordance with the resolutions, by-laws, rules and regulations or other actions or instruments of the cemetery authority. (Amended by Stats. 1951, Ch. 176.)
  173. 8751.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 3. Investment of Endowment Funds [8750 - 8751.1] ( Heading of Article 3 amended by Stats. 1951, Ch. 176. )

    Verify source ↗

    Endowment funds must be invested and reinvested only in the listed permitted investment types.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 3. Investment of Endowment Funds [8750 - 8751.1] ( Heading of Article 3 amended by Stats. 1951, Ch. 176. ) ## 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 this state. (b) Bonds legal for investment for savings banks in this state. (c) First mortgages or first trust deeds on improved real estate. (d) Income producing improved real estate in any city or city and county in this state. (e) Investment certificates in any savings and loan association organized, existing and doing business under the laws of this state. (f) Investments of the type enumerated for domestic incorporated insurers in Article 3, Chapter 2, Part 2, of Division 1 of the Insurance Code of this state. (g) By deposit in a bank which is insured by the Federal Deposit Insurance Corporation. (h) Shares of a duly chartered and insured federal savings and loan association. (Amended by Stats. 1977, Ch. 496.)
  174. 8751.1.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 3. Investment of Endowment Funds [8750 - 8751.1] ( Heading of Article 3 amended by Stats. 1951, Ch. 176. )

    Verify source ↗

    Endowment funds may be invested and reinvested, and kept invested, using the investment types and methods allowed by the Probate Code reference in this section, in addition to Section 8751's requirements.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 3. Investment of Endowment Funds [8750 - 8751.1] ( Heading of Article 3 amended by Stats. 1951, Ch. 176. ) ## 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 provided in Part 4 (commencing with Section 16000) of Division 9 of the Probate Code. (Amended by Stats. 1990, Ch. 79, Sec. 12.)
  175. 8775.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 4. Special Care [8775 - 8779.5] ( Article 4 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A cemetery authority with an established endowment care fund may accept and hold trust property for specified cemetery-related purposes.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 4. Special Care [8775 - 8779.5] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 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 principal, or proceeds, or income to either or all of the following purposes: (a) Improvement or embellishment of all or any part of the cemetery or any lot in it. (b) Erection, renewal, repair, or preservation of any monument, fence, building, or other structure in the cemetery. (c) Planting or cultivation of trees, shrubs, or plants in or around any part of the cemetery. (d) Special care or ornamenting of any part of any plot, section, or building in the cemetery. (e) Any purpose or use not inconsistent with the purpose for which the cemetery was established or is maintained. (Amended by Stats. 1951, Ch. 176.)
  176. 8776.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 4. Special Care [8775 - 8779.5] ( Article 4 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Money paid into this cemetery fund is expressly allowed as a charitable purpose, and the fund or contributions to it are not invalid for uncertainty about beneficiaries or for violating perpetuity or alienation rules.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 4. Special Care [8775 - 8779.5] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 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 contributions are a provision for the discharge of a duty due from the persons contributing to the person or persons interred or to be interred in the cemetery and likewise a provision for the benefit and protection of the public by preserving, beautifying, and keeping cemeteries from becoming unkept and places of reproach and desolation in the communities in which they are situated. No payment, gift, grant, bequest, or other contribution for such purpose is invalid by reason of any indefiniteness or uncertainty of the persons designated as beneficiaries in the instruments creating the fund, nor is the fund or any contribution to it invalid as violating any law against perpetuities or the suspension of the power of alienation of title to property. (Enacted by Stats. 1939, Ch. 60.)
  177. 8777.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 4. Special Care [8775 - 8779.5] ( Article 4 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A cemetery authority must put money or property received for a special care fund into the trustee’s custody within 30 days of receipt.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 4. Special Care [8775 - 8779.5] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 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 within 30 days after receipt by the cemetery authority. The corpus of special care trusts shall be invested and reinvested and kept invested as authorized by Section 8778. (Added by Stats. 1976, Ch. 729.)
  178. 8778.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 4. Special Care [8775 - 8779.5] ( Article 4 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Special care trusts may make only the investments listed in this section, and first trust deed loans on improved real estate must meet amortization requirements.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 4. Special Care [8775 - 8779.5] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 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 county in this state. (b) Bonds that are legal investments for commercial banks in this state. (c) Certificates of deposit or other interest-bearing accounts in any bank in this state insured by the Federal Deposit Insurance Corporation. (d) Investment certificates or shares in any state or federally chartered savings and loan association insured by the Federal Savings and Loan Insurance Corporation. (e) Investments in first trust deeds on improved real estate, provided that the loans require monthly amortization of principal and interest and are fully amortized within 30 years or the term of the loan, whichever comes first. No loan shall be made to the cemetery authority, to the director, officer, or stockholder of a cemetery authority, or trustees of the special care funds, or to partners, relatives, agents, or employees thereof. (f) Any investment that is lawful for endowment care funds under Sections 8751 and 8751.1. (Amended by Stats. 2007, Ch. 307, Sec. 1. Effective January 1, 2008.)
  179. 8778.5.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 4. Special Care [8775 - 8779.5] ( Article 4 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Special care trust funds must be administered under specific fee, payout, and revocation rules.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 4. Special Care [8775 - 8779.5] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 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 trustees shall honor a written request of revocation by the trustor within 30 days upon receipt of the written request. (2) Except as provided in paragraph (3), the board of trustees upon revocation of a special care trust may assess a revocation fee on the earned income of the trust only, the amount of which shall not exceed 10 percent of the trust corpus, as set forth in subdivision (c) of Section 2370 of Title 16 of the California Code of Regulations. (3) If, prior to or upon the death of the beneficiary of a revocable special care trust, the cemetery authority is unable to perform the services of the special care trust fund agreement, the board of trustees shall pay the entire trust corpus and all earned income to the beneficiary or trustor, or the legal representative of either the beneficiary or trustor, without the imposition of a revocation fee. (b) Notwithstanding subdivision (d) of Section 2370 of Title 16 of the California Code of Regulations, the board of trustees may charge an annual fee for administering a revocable special care trust fund, which may be recovered by administrative withdrawals from current trust income, but the total administrative withdrawals in any year shall not exceed 4 percent of the trust balance. (c) Notwithstanding Section 8785, any person, partnership, or corporation who violates this section shall be subject to disciplinary action as provided in Article 6 (commencing with Section 7686) of Chapter 12 of Division 3 of the Business and Professions Code, or by a civil fine not exceeding five hundred dollars ($500), or by both, as determined by the Cemetery and Funeral Bureau and shall not be guilty of a crime. (Amended by Stats. 2018, Ch. 571, Sec. 34. (SB 1480) Effective January 1, 2019.)
  180. 8779.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 4. Special Care [8775 - 8779.5] ( Article 4 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    This section exempts lawful investments that already existed on December 31, 1976 from any requirement to be liquidated or transmuted, and says any reinvestment or actual income from those investments must follow Section 8778.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 4. Special Care [8775 - 8779.5] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 8779. Nothing in this article shall require liquidation or transmutation of any lawful investment existing on December 31, 1976, but any reinvestment shall be governed by Section 8778, and any interest or other increment actually received on account of such an investment shall be reinvested only as provided in Section 8778. (Added by Stats. 1976, Ch. 729.)
  181. 8779.5.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 4. Special Care [8775 - 8779.5] ( Article 4 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Each special care fund must be held in trust and managed by the specified trustees.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 4. Special Care [8775 - 8779.5] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 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 endowment care fund or by a board of trustees meeting the qualifications prescribed by this chapter for such a board of trustees. However, nothing in this section shall be construed to modify the terms of any special care trust established prior to January 1, 1977. (Added by Stats. 1976, Ch. 729.)
  182. 8780.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 5. Misrepresentation as to Endowment [8780 - 8781] ( Heading of Article 5 amended by Stats. 1951, Ch. 176. )

    Verify source ↗

    A person or business may not sell, offer to sell, or advertise a cemetery plot as under endowment care unless an endowment care fund has already been established for that cemetery.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 5. Misrepresentation as to Endowment [8780 - 8781] ( Heading of Article 5 amended by Stats. 1951, Ch. 176. ) ## 8780. No person, partnership, corporation, association, or his, her, or its agents or representatives, shall sell, offer for sale, or advertise any plot under representation that the plot is under endowment care, before an endowment care fund has been established for the cemetery in which the plot is situated. (Amended by Stats. 1982, Ch. 897, Sec. 3.)
  183. 8781.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 5. Misrepresentation as to Endowment [8780 - 8781] ( Heading of Article 5 amended by Stats. 1951, Ch. 176. )

    Verify source ↗

    Cemetery authorities, their officers, employees, agents, and cemetery brokers or salesmen must not say an endowment care fund or other maintenance fund is perpetual or permanent.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 5. Misrepresentation as to Endowment [8780 - 8781] ( Heading of Article 5 amended by Stats. 1951, Ch. 176. ) ## 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 any other fund set up for maintaining care is perpetual or permanent. (Added by renumbering Section 8747 by Stats. 1982, Ch. 897, Sec. 2.)
  184. 8785.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 6. Penalties [8785- 8785.] ( Article 6 added by Stats. 1982, Ch. 897, Sec. 4. )

    Verify source ↗

    People or organizations responsible for endowment care or special care funds who violate the chapter’s rules on collecting, investing, or using those funds can be fined, jailed, or both.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Endowment and Special Care [8700 - 8785] ( Heading of Chapter 5 amended by Stats. 1951, Ch. 176. ) ## ARTICLE 6. Penalties [8785- 8785.] ( Article 6 added by Stats. 1982, Ch. 897, Sec. 4. ) ## 8785. Any person, partnership, or corporation administering, managing, or having responsibility for endowment care or special care funds who violates the provisions of this chapter relating to the collection, investment, or use of those funds shall be punished either by imprisonment in a county jail for a period not exceeding six months or by fine not exceeding five hundred dollars ($500), or by both such imprisonment and fine, or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months, or two or three years. If the violator is a cemetery licensee or the holder of a certificate of authority, he, she, or it shall be subject to disciplinary action as provided in Article 6 (commencing with Section 7686) of Chapter 12 of Division 3 of the Business and Professions Code. (Amended by Stats. 2018, Ch. 571, Sec. 35. (SB 1480) Effective January 1, 2019.)
  185. 8825.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 7. Abandonment [8825 - 8829] ( Chapter 7 added by Stats. 1957, Ch. 862. )

    Verify source ↗

    A city or county may declare a qualifying nonendowment care cemetery abandoned for future burials, but must still allow burials for certain plot owners or people with vested interment rights.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 7. Abandonment [8825 - 8829] ( Chapter 7 added by Stats. 1957, Ch. 862. ) ## 8825. A city or county having a nonendowment care cemetery within its boundaries which threatens or endangers the health, safety, comfort or welfare of the public may, by resolution of its governing board, if not more than 10 human dead bodies have been interred therein for a period of five years immediately preceding the date of the resolution, declare the abandonment of the cemetery as a place of future interment, but shall permit interment therein of any person who is an owner of a plot in the cemetery on the date of adoption of the resolution or who otherwise has a right of interment in the cemetery which is vested on such date. The resolution may provide for the removal of such copings, improvements, and embellishments which the governing board finds to be a threat or danger to the health, safety, comfort, or welfare of the public. (Amended by Stats. 1977, Ch. 288.)
  186. 8826.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 7. Abandonment [8825 - 8829] ( Chapter 7 added by Stats. 1957, Ch. 862. )

    Verify source ↗

    An abandonment resolution must say that, 60 days after notice is first published, the city or county may remove certain cemetery features that threaten public health, safety, comfort, or welfare, and notice must be published for interested persons.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 7. Abandonment [8825 - 8829] ( Chapter 7 added by Stats. 1957, Ch. 862. ) ## 8826. The resolution for abandonment adopted under the provisions of this chapter shall specify and declare that at any time after the expiration of 60 days after the first publication of notice of declaration of intended abandonment, the city or county in which the cemetery is located will remove such copings, improvements, and embellishments which are found to be a threat or danger to the health, safety, comfort, or welfare of the public. Notice shall be given to all persons interested therein by publication in a newspaper of general circulation published in the county or city. Publication shall be pursuant to Section 6064 of the Government Code. (Amended by Stats. 1959, Ch. 1241.)
  187. 8827.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 7. Abandonment [8825 - 8829] ( Chapter 7 added by Stats. 1957, Ch. 862. )

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    After the notice period, the city or county must remove certain copings, improvements, and embellishments that pose a threat or danger to the public.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 7. Abandonment [8825 - 8829] ( Chapter 7 added by Stats. 1957, Ch. 862. ) ## 8827. After the publication mentioned in Section 8826 of this code and after the expiration of the 60 days specified in the notice, the city or county shall remove such copings, improvements, and embellishments which have been found to be a threat or danger to the health, safety, comfort, or welfare of the public. (Amended by Stats. 1959, Ch. 1241.)
  188. 8828.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 7. Abandonment [8825 - 8829] ( Chapter 7 added by Stats. 1957, Ch. 862. )

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    After required work is completed, the governing body must dedicate the abandoned cemetery as a pioneer memorial park; it may also erect a central memorial. Once the resolution is recorded, fee title vests in the city or county, and that public owner may use the property only as a pioneer memorial park.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 7. Abandonment [8825 - 8829] ( Chapter 7 added by Stats. 1957, Ch. 862. ) ## 8828. After the work which the governing body, in its discretion, finds necessary and practicable has been completed, the governing body shall immediately thereafter, by resolution, which shall contain a legal description of the cemetery, dedicate such abandoned cemetery as a pioneer memorial park and may cause to be erected a suitable central memorial honoring those who have been interred in the cemetery. Upon recordation of the resolution with the county recorder of the county in which the cemetery is located, fee title to the cemetery shall vest in the city or county as the case may be. The governing body may bring an action to quiet title to the cemetery, and in the absence of fraud the resolution and the fact of recordation shall be conclusive evidence of fee title to the cemetery. Any county or city acquiring fee title to a cemetery under this section shall only use the property for the purpose of establishing and maintaining a pioneer memorial park. (Amended by Stats. 1970, Ch. 543.)
  189. 8829.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 7. Abandonment [8825 - 8829] ( Chapter 7 added by Stats. 1957, Ch. 862. )

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    The city or county must maintain the pioneer memorial park so it does not endanger the public.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 3. PRIVATE CEMETERIES [8250 - 8829] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 7. Abandonment [8825 - 8829] ( Chapter 7 added by Stats. 1957, Ch. 862. ) ## 8829. Thereafter the city or county shall maintain said pioneer memorial park so that it will not endanger the health, safety, comfort, or welfare of the public. (Added by Stats. 1957, Ch. 862.)
  190. 9.

    ## Health and Safety Code - HSC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1939, Ch. 60. )

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    References to this code or another California law include later amendments and additions.

    ## Health and Safety Code - HSC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1939, Ch. 60. ) ## 9. Whenever reference is made to any portion of this code or of any other law of this State, the reference applies to all amendments and additions now or hereafter made. (Enacted by Stats. 1939, Ch. 60.)
  191. 9000.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 4. PUBLIC CEMETERY DISTRICTS [9000 - 9093] ( Part 4 repealed and added by Stats. 2003, Ch. 57, Sec. 5. ) ## CHAPTER 1. General Provisions [9000 - 9007] ( Chapter 1 added by Stats. 2003, Ch. 57, Sec. 5. )

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    This section says Part 4 may be cited as the Public Cemetery District Law.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 4. PUBLIC CEMETERY DISTRICTS [9000 - 9093] ( Part 4 repealed and added by Stats. 2003, Ch. 57, Sec. 5. ) ## CHAPTER 1. General Provisions [9000 - 9007] ( Chapter 1 added by Stats. 2003, Ch. 57, Sec. 5. ) ## 9000. This part shall be known and may be cited as the Public Cemetery District Law. (Repealed and added by Stats. 2003, Ch. 57, Sec. 5. Effective January 1, 2004.)
  192. 9001.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 4. PUBLIC CEMETERY DISTRICTS [9000 - 9093] ( Part 4 repealed and added by Stats. 2003, Ch. 57, Sec. 5. ) ## CHAPTER 1. General Provisions [9000 - 9007] ( Chapter 1 added by Stats. 2003, Ch. 57, Sec. 5. )

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    The Legislature states that public cemetery districts are needed and should have broad authority to own, improve, expand, and operate public cemeteries and provide interment services.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 4. PUBLIC CEMETERY DISTRICTS [9000 - 9093] ( Part 4 repealed and added by Stats. 2003, Ch. 57, Sec. 5. ) ## CHAPTER 1. General Provisions [9000 - 9007] ( Chapter 1 added by Stats. 2003, Ch. 57, Sec. 5. ) ## 9001. (a) The Legislature finds and declares all of the following: (1) There is a continuing need to provide for the respectful and cost-effective interment of human remains to meet the cultural, economic, religious, and social needs of California’s diverse communities. (2) The Legislature authorized the creation of public cemetery districts in 1909 to assume responsibility for the ownership, improvement, expansion, and operation of cemeteries and the provision of interment services from fraternal, pioneer, religious, social, and other organizations that were unable to provide for those cemeteries. (3) For nearly a century, public cemetery districts have provided communities with the means to publicly finance the ownership, improvement, expansion, and operation of public cemeteries and the provision of interment services, particularly in rural and formerly rural communities. (4) Interment customs and practices have changed since the creation of the public cemetery districts but communities continue to need the means to own, improve, expand, and operate public cemeteries that provide respectful and cost-effective interments. (b) In enacting this part, it is the intent of the Legislature to create and continue a broad statutory authority for a class of special districts that can own, improve, expand, and operate public cemeteries that provide respectful and cost-effective interments. (c) It is also the intent of the Legislature that local officials adapt the powers and procedures provided by this part to meet the diversity of local conditions and circumstances. (Repealed and added by Stats. 2003, Ch. 57, Sec. 5. Effective January 1, 2004.)
  193. 9002.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 4. PUBLIC CEMETERY DISTRICTS [9000 - 9093] ( Part 4 repealed and added by Stats. 2003, Ch. 57, Sec. 5. ) ## CHAPTER 1. General Provisions [9000 - 9007] ( Chapter 1 added by Stats. 2003, Ch. 57, Sec. 5. )

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    This section defines terms used for public cemetery districts and states that Chapter 1 of Part 1 of Division 7 definitions also apply here.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 4. PUBLIC CEMETERY DISTRICTS [9000 - 9093] ( Part 4 repealed and added by Stats. 2003, Ch. 57, Sec. 5. ) ## CHAPTER 1. General Provisions [9000 - 9007] ( Chapter 1 added by Stats. 2003, Ch. 57, Sec. 5. ) ## 9002. The definitions in Chapter 1 (commencing with Section 7000) of Part 1 of Division 7 apply to this part. Further, as used in this part, the following terms have the following meanings: (a) “Active militia” means the active militia as defined by Section 120 of the Military and Veterans Code. (b) “Armed services” means the armed services as defined by Section 18540 of the Government Code. (c) “Board of trustees” means the legislative body of a district. (d) “District” means a public cemetery district created pursuant to this part or any of its statutory predecessors. (e) “Domestic partner” means two adults who have chosen to share one another’s lives in an intimate and committed relationship of mutual caring, and are qualified and registered with the Secretary of State as domestic partners in accordance with Division 2.5 (commencing with Section 297) of the Family Code. (f) “Family member” means any spouse, by marriage or otherwise, domestic partner, child or stepchild, by natural birth or adoption, parent, brother, sister, half-brother, half-sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, first cousin, or any person denoted by the prefix “grand” or “great,” or the spouse of any of these persons. (g) “Firefighter” means a firefighter as defined by Section 1797.182. (h) (1) “Interment right” means the rights held by the owner to use or control the use of a plot authorized by this part, for the interment of human remains, including both of the following rights: (A) To determine the number and identity of any person or persons to be interred in the plot within a cemetery in conformance with all applicable regulations adopted by the cemetery district. (B) To control the placement, design, wording, and removal of memorial markers in compliance with all applicable regulations adopted by the cemetery district. (2) An interment right is a transferable property interest, and is governed by Chapter 5.5 (commencing with Section 9069.10). (i) “Nonresident” means a person who does not reside within a district or does not pay property taxes on property located in a district. (j) “Peace officer” means a peace officer as defined by Section 830 of the Penal Code. (k) “Principal county” means the county having all or the greater portion of the entire assessed value, as shown on the last equalized assessment roll of the county or counties, of all taxable property within a district. (l) “Voter” means a voter as defined by Section 359 of the Elections Code. (Amended by Stats. 2017, Ch. 561, Sec. 110. (AB 1516) Effective January 1, 2018.)
  194. 9003.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 4. PUBLIC CEMETERY DISTRICTS [9000 - 9093] ( Part 4 repealed and added by Stats. 2003, Ch. 57, Sec. 5. ) ## CHAPTER 1. General Provisions [9000 - 9007] ( Chapter 1 added by Stats. 2003, Ch. 57, Sec. 5. )

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    This section says the part authorizes the organization and powers of public cemetery districts, and keeps certain existing districts in existence.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 4. PUBLIC CEMETERY DISTRICTS [9000 - 9093] ( Part 4 repealed and added by Stats. 2003, Ch. 57, Sec. 5. ) ## CHAPTER 1. General Provisions [9000 - 9007] ( Chapter 1 added by Stats. 2003, Ch. 57, Sec. 5. ) ## 9003. (a) This part provides the authority for the organization and powers of public cemetery districts. This part succeeds the former Part 4 (commencing with Section 8890), as added by Chapter 60 of the Statutes of 1939, as subsequently amended, and any of its statutory predecessors. (b) Any public cemetery district formed pursuant to the former Part 4 or any of its statutory predecessors that was in existence on January 1, 2004, shall remain in existence as if it has been organized pursuant to this part. (c) Any indebtedness, special tax, benefit assessment, fee, election, ordinance, resolution, regulation, rule, or any other action of a district taken pursuant to the former Part 4 or of any of its statutory predecessors which was taken before January 1, 2004, shall not be voided solely because of any error, omission, informality, misnomer, or failure to comply strictly with this part. (Repealed and added by Stats. 2003, Ch. 57, Sec. 5. Effective January 1, 2004.)
  195. 9004.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 4. PUBLIC CEMETERY DISTRICTS [9000 - 9093] ( Part 4 repealed and added by Stats. 2003, Ch. 57, Sec. 5. ) ## CHAPTER 1. General Provisions [9000 - 9007] ( Chapter 1 added by Stats. 2003, Ch. 57, Sec. 5. )

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    This section says the part is to be read liberally to carry out its public health, safety, and welfare purposes.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 4. PUBLIC CEMETERY DISTRICTS [9000 - 9093] ( Part 4 repealed and added by Stats. 2003, Ch. 57, Sec. 5. ) ## CHAPTER 1. General Provisions [9000 - 9007] ( Chapter 1 added by Stats. 2003, Ch. 57, Sec. 5. ) ## 9004. This part is necessary to protect the public health, safety, and welfare, and shall be liberally construed to effectuate its purposes. (Repealed and added by Stats. 2003, Ch. 57, Sec. 5. Effective January 1, 2004.)
  196. 9005.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 4. PUBLIC CEMETERY DISTRICTS [9000 - 9093] ( Part 4 repealed and added by Stats. 2003, Ch. 57, Sec. 5. ) ## CHAPTER 1. General Provisions [9000 - 9007] ( Chapter 1 added by Stats. 2003, Ch. 57, Sec. 5. )

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    If part of this chapter is held invalid, the rest remains effective if it can still operate.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 4. PUBLIC CEMETERY DISTRICTS [9000 - 9093] ( Part 4 repealed and added by Stats. 2003, Ch. 57, Sec. 5. ) ## CHAPTER 1. General Provisions [9000 - 9007] ( Chapter 1 added by Stats. 2003, Ch. 57, Sec. 5. ) ## 9005. If any provision of this part or the application of any provision of this part in any circumstance or to any person, city, county, special district, school district, the state, or any agency or subdivision of the state is held invalid, that invalidity shall not affect other provisions or applications of this part that can be given effect without the invalid provision or application of the invalid provision, and to this end the provisions of this part are severable. (Repealed and added by Stats. 2003, Ch. 57, Sec. 5. Effective January 1, 2004.)
  197. 9006.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 4. PUBLIC CEMETERY DISTRICTS [9000 - 9093] ( Part 4 repealed and added by Stats. 2003, Ch. 57, Sec. 5. ) ## CHAPTER 1. General Provisions [9000 - 9007] ( Chapter 1 added by Stats. 2003, Ch. 57, Sec. 5. )

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    Challenges to a district’s organization or actions must follow one Code of Civil Procedure chapter, and judicial review of actions under this part must follow another.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 4. PUBLIC CEMETERY DISTRICTS [9000 - 9093] ( Part 4 repealed and added by Stats. 2003, Ch. 57, Sec. 5. ) ## CHAPTER 1. General Provisions [9000 - 9007] ( Chapter 1 added by Stats. 2003, Ch. 57, Sec. 5. ) ## 9006. (a) Any action brought to determine the validity of the organization or of any action of a district shall be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure. (b) Any judicial review of an action taken pursuant to this part shall be conducted pursuant to Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure. (Added by Stats. 2003, Ch. 57, Sec. 5. Effective January 1, 2004.)
  198. 9007.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 4. PUBLIC CEMETERY DISTRICTS [9000 - 9093] ( Part 4 repealed and added by Stats. 2003, Ch. 57, Sec. 5. ) ## CHAPTER 1. General Provisions [9000 - 9007] ( Chapter 1 added by Stats. 2003, Ch. 57, Sec. 5. )

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    This section says when territory may be included in a public cemetery district, what law governs district changes, and how a district is classified.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 4. PUBLIC CEMETERY DISTRICTS [9000 - 9093] ( Part 4 repealed and added by Stats. 2003, Ch. 57, Sec. 5. ) ## CHAPTER 1. General Provisions [9000 - 9007] ( Chapter 1 added by Stats. 2003, Ch. 57, Sec. 5. ) ## 9007. (a) Except as provided in this section, territory, whether incorporated or unincorporated, whether contiguous or noncontiguous, may be included in a district. Territory that is already within a public cemetery district or another type of special district that provides cemetery facilities and services shall not be included within a public cemetery district. (b) Except as provided in this part, the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, Division 3 (commencing with Section 56000) of Title 5 of the Government Code, shall govern any change of organization or reorganization of a district. In the case of any conflict between that division and this part, the provisions of this part shall prevail. (c) A district shall be deemed an “independent special district,” as defined by Section 56044 of the Government Code, except when a county board of supervisors has appointed itself as the board of trustees. (Added by Stats. 2003, Ch. 57, Sec. 5. Effective January 1, 2004.)
  199. 9010.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 4. PUBLIC CEMETERY DISTRICTS [9000 - 9093] ( Part 4 repealed and added by Stats. 2003, Ch. 57, Sec. 5. ) ## CHAPTER 2. Formation [9010 - 9014] ( Chapter 2 added by Stats. 2003, Ch. 57, Sec. 5. )

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    A new district may be formed under this chapter.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 4. PUBLIC CEMETERY DISTRICTS [9000 - 9093] ( Part 4 repealed and added by Stats. 2003, Ch. 57, Sec. 5. ) ## CHAPTER 2. Formation [9010 - 9014] ( Chapter 2 added by Stats. 2003, Ch. 57, Sec. 5. ) ## 9010. A new district may be formed pursuant to this chapter. (Repealed and added by Stats. 2003, Ch. 57, Sec. 5. Effective January 1, 2004.)
  200. 9011.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 4. PUBLIC CEMETERY DISTRICTS [9000 - 9093] ( Part 4 repealed and added by Stats. 2003, Ch. 57, Sec. 5. ) ## CHAPTER 2. Formation [9010 - 9014] ( Chapter 2 added by Stats. 2003, Ch. 57, Sec. 5. )

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    A proposal to form a new public cemetery district may be made by petition, but the petition must include required Government Code content, financing methods, a proposed district name, and the initial board size and appointment method, and it must be signed by at least 25% of registered voters in the area.

    ## Health and Safety Code - HSC ## DIVISION 8. CEMETERIES [8100 - 9703] ( Division 8 enacted by Stats. 1939, Ch. 60. ) ## PART 4. PUBLIC CEMETERY DISTRICTS [9000 - 9093] ( Part 4 repealed and added by Stats. 2003, Ch. 57, Sec. 5. ) ## CHAPTER 2. Formation [9010 - 9014] ( Chapter 2 added by Stats. 2003, Ch. 57, Sec. 5. ) ## 9011. (a) A proposal to form a new district may be made by petition. The petition shall do all of the things required by Section 56700 of the Government Code. In addition, the petition shall: (1) Set forth the methods by which the district will be financed, including but not limited to special taxes, special benefit assessments, and fees. (2) Propose a name for the district. (3) Specify the size of the initial board of trustees and the method of their appointment. (b) The petitions, the proponents, and the procedures for certifying the sufficiency of the petitions shall comply with Chapter 2 (commencing with Section 56700) of Part 3 of Division 3 of Title 5 of the Government Code. In the case of any conflict between that chapter and this chapter, the provisions of this chapter shall prevail. (c) The petition shall be signed by not less than 25 percent of the registered voters residing in the area to be included in the district, as determined by the local agency formation commission. (Added by Stats. 2003, Ch. 57, Sec. 5. Effective January 1, 2004.)

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