Article 1.5 - Definitions and Regulation of Cemeteries

California Business and Professions Code — §§ 7611-7614.9

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Sections (47)

Added by Stats. 2015, Ch. 395, Sec. 13. (AB 180) Effective January 1, 2016.

The definitions in this article govern the meaning of terms used in the act except as otherwise provided expressly or by necessary implication.

Added by Stats. 2015, Ch. 395, Sec. 13. (AB 180) Effective January 1, 2016.

“Act” means the Cemetery and Funeral Bureau Act.

Added by Stats. 2015, Ch. 395, Sec. 13. (AB 180) Effective January 1, 2016.

“Endowment care” or “endowed care” shall include both general and special care funds.

Added by Stats. 2017, Ch. 846, Sec. 3. (AB 967) Effective January 1, 2018. Section operative July 1, 2020, by its own provisions.

(a)“Licensed hydrolysis facility” means a corporation, partnership, or natural person licensed pursuant to Article 2.7 (commencing with Section 7639). A licensed hydrolysis facility shall be considered a cemetery licensee for purposes of disciplinary action pursuant to Article 6 (commencing with Section 7686).
(b)This section shall become operative on July 1, 2020.

Added by Stats. 2015, Ch. 395, Sec. 13. (AB 180) Effective January 1, 2016.

A “cemetery broker” is a person who, other than in reference to an occasional sale, sells or offers for sale, buys, or offers to buy, lists, leases or offers to lease, or solicits, or negotiates the purchase or sale, lease, or exchange of cemetery property or interment services, or interest therein, for his or her own account or for another.

Added by Stats. 2015, Ch. 395, Sec. 13. (AB 180) Effective January 1, 2016.

A “cemetery salesperson” is a natural person who, other than in reference to an occasional sale, is employed by a cemetery broker to sell, or offer for sale, list or offer to list, or to buy, or to offer to buy, or to lease, or offer to lease, or to solicit, or to negotiate the purchase or sale or lease or exchange of cemetery property or interment services, or any interest therein, for his or her own account or for another.

Added by Stats. 2015, Ch. 395, Sec. 13. (AB 180) Effective January 1, 2016.

(a)A “cemetery manager” is a person engaged in or conducting, or holding himself or herself out as engaged in those activities involved in, or incidental to, the maintaining, operating, or improving a cemetery licensed under this chapter, the interring of human remains, and the care, preservation, and embellishment of cemetery property.
(b)For persons licensed pursuant to Section 7637.1, a “cemetery manager” is a person engaged in or conducting, or holding himself or herself out as engaged in those activities involved in, or incidental to, the following:
(1)The maintaining, operating, or improving of a cemetery

licensed under this chapter.

(2)The interment of human remains.
(3)The care, preservation, and embellishment of cemetery property.
(4)Activities described in Section 7637.2.

Added by Stats. 2015, Ch. 395, Sec. 13. (AB 180) Effective January 1, 2016.

A “crematory manager” is a person engaged in or conducting, or holding himself or herself out as engaged in those activities involved in, or incidental to, the maintaining or operating of a crematory licensed under this chapter, and the cremation of human remains.

Added by Stats. 2015, Ch. 395, Sec. 13. (AB 180) Effective January 1, 2016.

The definitions in Chapter 1 (commencing with Section 7000) of Part 1 of Division 7 of the Health and Safety Code are applicable to this act.

Added by Stats. 2015, Ch. 395, Sec. 13. (AB 180) Effective January 1, 2016.

“Cemetery licensee” means any cemetery broker, cemetery salesperson, or cemetery manager.

Added by Stats. 2015, Ch. 395, Sec. 13. (AB 180) Effective January 1, 2016.

“Crematory licensee” shall mean a corporation, partnership, or natural person licensed pursuant to Article 6.5 (commencing with Section 7712) and shall mean a cemetery licensee for purposes of disciplinary action under Article 6 (commencing with Section 7686).

Current Version

Amended by Stats. 2022, Ch. 399, Sec. 3. (AB 351) Effective January 1, 2023. Repealed as of January 1, 2027, by its own provisions. See later operative version added by Sec. 4 of Stats. 2022, Ch. 399.

(a)A “cremated remains disposer” is a person who, for their own account or for another, disposes of, or offers to dispose of, cremated human remains or hydrolyzed human remains by scattering over or on land or sea.
(b)This section shall remain in effect only until January 1, 2027, and as of that date is repealed.
Future Version

Repealed (in Sec. 3) and added by Stats. 2022, Ch. 399, Sec. 4. (AB 351) Effective January 1, 2023. Operative January 1, 2027, by its own provisions.

(a)A “cremated remains disposer” is a person who, for the person’s own account or for another, disposes of, or offers to dispose of, cremated human remains or hydrolyzed human remains by scattering over or on land or sea. A “cremated remains disposer” also includes a person who, for the person’s own account or for another, integrates into the soil, or offers to integrate into the soil, reduced human remains.
(b)This section shall become operative on January 1, 2027.

Added by Stats. 2015, Ch. 395, Sec. 13. (AB 180) Effective January 1, 2016.

An “occasional sale” is a sale of cemetery property not acquired or held for purposes of resale or speculation, provided such sale is not one of a series of sales sufficient in number, scope, and character to constitute engaging in the business of selling or reselling or holding for speculation cemetery property.

Added by Stats. 2015, Ch. 395, Sec. 13. (AB 180) Effective January 1, 2016.

“Public cemetery” means a cemetery owned and operated by a city, county, city and county, or public cemetery district.

Added by Stats. 2015, Ch. 395, Sec. 13. (AB 180) Effective January 1, 2016.

(a)Any cemetery authority that does not file its report within the time prescribed by Section 7612.6 may be assessed a fine by the bureau in an amount not to exceed four hundred dollars ($400) per month for a maximum of five months. The amount of the fine shall be established by regulation in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). Failure to pay the fine within 15 days after receipt of written notification of the assessment or, where a timely request for waiver or reduction of the fine has been filed, within 15 days after receipt of written notification of the bureau’s decision in the matter, shall be cause for

disciplinary action.

(b)A cemetery authority may request waiver or reduction of a fine by making a written request therefor. The request shall be postmarked within the time specified above for payment of the fine and shall be accompanied by a statement showing good cause for the request.
(c)The bureau may waive or reduce the fine where a timely request is made and where it determines, in its discretion, that the cemetery authority has made a sufficient showing of good cause for the waiver or reduction.

Amended by Stats. 2024, Ch. 589, Sec. 3. (AB 3254) Effective January 1, 2025. Repealed as of January 1, 2033, by its own provisions.

(a)The bureau shall conduct a study to obtain information to determine if the endowment care fund levels of each licensee’s cemetery are sufficient to cover the cost of future maintenance. The bureau shall also review the levels of endowment care funds that have previously been reported pursuant to this chapter by licensed cemeteries.
(b)For purposes of the report required in subdivision (a), each licensed cemetery authority shall provide the following information to the bureau on or before January 1, 2028:
(1)The year the cemetery was established.
(2)The total size of the developed and undeveloped acres of the cemetery.
(3)The total acreage of the developed cemetery property that has been sold for interment, including preneed sales.
(4)The total acreage of land sold for interment that contains spaces for which endowment care fees have been collected.
(5)The total acreage of developed cemetery property remaining to be sold.
(6)The total acreage of undeveloped cemetery property remaining to be sold.
(7)The year the cemetery started collecting endowment care fees.
(8)The total number of spaces the cemetery has sold for interment, including preneed sales.
(9)Of the total spaces

the cemetery has sold for interment, the total number of spaces that have contributed to the endowment care funds of the cemetery.

(10)The number of interment spaces remaining to be sold in all developed acreage.
(11)The number of interment spaces remaining to be sold in undeveloped acreage, to the extent known.
(c)The bureau shall report its findings and recommendations to the appropriate policy committees of the Legislature by January 1, 2029.
(d)(1) A report to be submitted pursuant to subdivision (b) shall be submitted in compliance with Section 9795 of the Government Code.
(2)Pursuant to Section 10231.5 of the Government Code, this section is

repealed on January 1, 2033.

Amended by Stats. 2025, Ch. 658, Sec. 1. (SB 777) Effective January 1, 2026. Repealed as of January 1, 2027, by its own provisions.

(a)On or before March 1, 2026, the bureau shall convene a workgroup composed of interested stakeholders including, but not limited to, representatives from the cemetery industry, the California Association of Local Agency Formation Commissions, the League of

California Cities, the California State Association of Counties, the Urban Counties of California, the Rural County Representatives of California, public cemeteries, and legislative staff for the appropriate committees of the Legislature, to discuss options for ensuring continued care, maintenance, and embellishment of abandoned cemeteries, including the possibility of requiring counties to assume responsibility for maintenance, irrigation, public works, and burial services for cemeteries located within their boundaries that become abandoned.

(b)In accordance with Section 9795 of the Government Code, the bureau shall submit a report to the Legislature summarizing the discussions of the

workgroup and its recommendations no later than

June 1, 2026.

(c)This section shall remain in effect only until January 1, 2027, and as of that date is repealed.

Amended by Stats. 2024, Ch. 589, Sec. 2. (AB 3254) Effective January 1, 2025.

This article does not apply to any of the following:

(a)A 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)A public cemetery.
(c)Any private or fraternal burial park not exceeding 10 acres in area, established prior to September 19, 1939; however, (1)   those cemeteries shall be subject to the cemetery brokerage provisions of this act, and (2)   any cemetery shall be subject to all of the provisions of this act if it collects a care, maintenance, or embellishment deposit

or sets up a trust for burial purposes pursuant to Section 8775 of the Health and Safety Code, including funeral services such as mortuary, cremation, or other commodities or services furnished at the time of and in connection with that funeral or cremation.

Added by Stats. 2015, Ch. 395, Sec. 13. (AB 180) Effective January 1, 2016.

The bureau shall disclose on its Internet Web site, information about each cemetery subject to the jurisdiction of the bureau. In addition to the information required by Section 27, the bureau shall disclose the name of the owner of each cemetery, the name of the cemetery, the business address of the cemetery owner, and the physical address of the cemetery.

Added by Stats. 2015, Ch. 395, Sec. 13. (AB 180) Effective January 1, 2016.

(a)Notwithstanding Section 8115 of the Health and Safety Code, in order to protect consumers, the bureau shall adopt regulations that establish minimum standards of maintenance for endowment care cemeteries under the jurisdiction of the bureau. The regulations shall consider differences in cemetery size, location, topography, and type of interments. The regulations shall also consider the extent to which funds are available from the cemetery’s endowment care funds to perform maintenance.
(b)The standards established pursuant to this section shall not supersede any standards of a higher level of care established pursuant

to Section 8115 of the Health and Safety Code.

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