Section § 7611

Explanation

This section states that any definitions provided within this article are used to interpret the terms in the act, unless there's a clear exception stated or implied.

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

Section § 7611.1

Explanation

This section defines the term 'Act' specifically as referring to the Cemetery and Funeral Bureau Act.

“Act” means the Cemetery and Funeral Bureau Act.

Section § 7611.10

Explanation

Endowment care or endowed care refers to funds meant to cover both general and specific maintenance or care needs.

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

Section § 7611.12

Explanation

This law defines what a 'licensed hydrolysis facility' is and associates it with cemetery licenses for disciplinary actions. Essentially, it refers to businesses or individuals who are officially allowed to perform hydrolysis—a type of body disposition alternative to cremation. These facilities are subject to disciplinary actions similar to those applied to cemeteries. The law became effective on July 1, 2020.

(a)CA Business & Professions Code § 7611.12(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)CA Business & Professions Code § 7611.12(b) This section shall become operative on July 1, 2020.

Section § 7611.2

Explanation

This law defines a 'cemetery broker' as someone who is involved in selling, buying, or managing transactions related to cemetery property or burial services, not just occasionally, but as part of their ongoing business, either for themselves or others.

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.

Section § 7611.3

Explanation

A cemetery salesperson is someone hired by a cemetery broker to conduct activities like selling, advertising, buying, leasing, or negotiating cemetery property or burial services, except for the occasional sale. This person does this for themselves or on behalf of someone else.

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.

Section § 7611.4

Explanation

This section defines what a 'cemetery manager' does in California. Basically, it includes anyone involved in running a licensed cemetery, which means taking care of the cemetery grounds, burying human remains, and keeping the property well-preserved and attractive. It also mentions that if you're licensed according to another specific section (7637.1), being a cemetery manager also includes additional activities listed under a different section (7637.2).

(a)CA Business & Professions Code § 7611.4(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)CA Business & Professions Code § 7611.4(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)CA Business & Professions Code § 7611.4(b)(1) The maintaining, operating, or improving of a cemetery licensed under this chapter.
(2)CA Business & Professions Code § 7611.4(b)(2) The interment of human remains.
(3)CA Business & Professions Code § 7611.4(b)(3) The care, preservation, and embellishment of cemetery property.
(4)CA Business & Professions Code § 7611.4(b)(4) Activities described in Section 7637.2.

Section § 7611.5

Explanation

A crematory manager is someone who operates or manages a crematory, which includes handling tasks related to the cremation of human remains.

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.

Section § 7611.6

Explanation

This section explains that the terms and definitions used in a specific part of the Health and Safety Code also apply to this act.

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.

Section § 7611.7

Explanation
The term 'cemetery licensee' refers to anyone who is officially recognized as a cemetery broker, cemetery salesperson, or cemetery manager.
“Cemetery licensee” means any cemetery broker, cemetery salesperson, or cemetery manager.

Section § 7611.8

Explanation

This law defines a 'crematory licensee' as any corporation, partnership, or individual that is licensed under a specific article related to crematories. For the purposes of disciplinary actions, these licensees are treated like cemetery licensees.

“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).

Section § 7611.9

Explanation

This law defines a 'cremated remains disposer' as someone who scatters or offers to scatter cremated or hydrolyzed human remains over land or sea, either for themselves or others.

Note that this definition is only effective until January 1, 2027, after which it will be repealed.

(a)CA Business & Professions Code § 7611.9(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)CA Business & Professions Code § 7611.9(b) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.

Section § 7611.9

Explanation

This law defines a 'cremated remains disposer' as anyone who handles the disposal of human ashes or hydrolyzed remains, either by scattering them over land or sea or by integrating them into the soil. This rule will start being enforced from January 1, 2027.

(a)CA Business & Professions Code § 7611.9(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)CA Business & Professions Code § 7611.9(b) This section shall become operative on January 1, 2027.

Section § 7612

Explanation

This law defines an "occasional sale" as a one-time sale of cemetery property that wasn't bought to sell again or to make a profit. It clarifies that if you're frequently selling or reselling these properties, you're considered in the business of trading them, which isn't covered by this definition.

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.

Section § 7612.1

Explanation
This law defines a 'public cemetery' as a cemetery that is owned and run by a city, county, or public cemetery district.
“Public cemetery” means a cemetery owned and operated by a city, county, city and county, or public cemetery district.

Section § 7612.10

Explanation

If a cemetery authority doesn't file its required report on time, they can be fined up to $400 per month for up to five months. This fine is based on regulations and must be paid within 15 days after they are notified. If a request for a waiver or reduction is made, it should also be submitted within that time frame, along with a reason for the request. The bureau can decide to waive or reduce the fine if there's a good enough reason.

(a)CA Business & Professions Code § 7612.10(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)CA Business & Professions Code § 7612.10(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)CA Business & Professions Code § 7612.10(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.

Section § 7612.11

Explanation

This law requires a bureau to study whether cemetery endowment care funds are enough to handle future maintenance. Cemeteries must report detailed land and sales information by January 1, 2028, including when they started collecting care fees, the size of sold and unsold land, and spaces contributing to care funds. The bureau must submit its study findings to the Legislature by January 1, 2029. This law is set to expire on January 1, 2033.

(a)CA Business & Professions Code § 7612.11(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)CA Business & Professions Code § 7612.11(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)CA Business & Professions Code § 7612.11(b)(1) The year the cemetery was established.
(2)CA Business & Professions Code § 7612.11(b)(2) The total size of the developed and undeveloped acres of the cemetery.
(3)CA Business & Professions Code § 7612.11(b)(3) The total acreage of the developed cemetery property that has been sold for interment, including preneed sales.
(4)CA Business & Professions Code § 7612.11(b)(4) The total acreage of land sold for interment that contains spaces for which endowment care fees have been collected.
(5)CA Business & Professions Code § 7612.11(b)(5) The total acreage of developed cemetery property remaining to be sold.
(6)CA Business & Professions Code § 7612.11(b)(6) The total acreage of undeveloped cemetery property remaining to be sold.
(7)CA Business & Professions Code § 7612.11(b)(7) The year the cemetery started collecting endowment care fees.
(8)CA Business & Professions Code § 7612.11(b)(8) The total number of spaces the cemetery has sold for interment, including preneed sales.
(9)CA Business & Professions Code § 7612.11(b)(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)CA Business & Professions Code § 7612.11(b)(10) The number of interment spaces remaining to be sold in all developed acreage.
(11)CA Business & Professions Code § 7612.11(b)(11) The number of interment spaces remaining to be sold in undeveloped acreage, to the extent known.
(c)CA Business & Professions Code § 7612.11(c) The bureau shall report its findings and recommendations to the appropriate policy committees of the Legislature by January 1, 2029.
(d)Copy CA Business & Professions Code § 7612.11(d)
(1)Copy CA Business & Professions Code § 7612.11(d)(1) A report to be submitted pursuant to subdivision (b) shall be submitted in compliance with Section 9795 of the Government Code.
(2)CA Business & Professions Code § 7612.11(d)(2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2033.

Section § 7612.12

Explanation

The law requires creating a workgroup by July 1, 2027, to explore ways to maintain and care for abandoned cemeteries in California. This group will include people from the cemetery industry, county government, and other interested parties. They will consider having counties take over the abandoned cemeteries. A report detailing these discussions and any proposals must be submitted to the Legislature by January 1, 2028. This law is temporary and will expire on January 1, 2029.

(a)CA Business & Professions Code § 7612.12(a) On or before July 1, 2027, the bureau shall convene a workgroup comprised of representatives from the cemetery industry, county government, and other interested stakeholders to discuss options for ensuring continued care, maintenance, and embellishment of abandoned cemeteries, including the possibility of requiring counties to assume responsibility for cemeteries located within their boundaries that become abandoned.
(b)CA Business & Professions Code § 7612.12(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, along with any recommendations, no later than January 1, 2028.
(c)CA Business & Professions Code § 7612.12(c) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.

Section § 7612.2

Explanation

This law outlines specific exceptions where certain cemeteries aren't subject to the rules of the article. These exceptions include religious organizations and churches, public cemeteries, and some small private or fraternal burial parks established before a certain date. However, if these cemeteries collect deposits for care or set up burial trusts, they must follow certain regulations.

This article does not apply to any of the following:
(a)CA Business & Professions Code § 7612.2(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)CA Business & Professions Code § 7612.2(b) A public cemetery.
(c)CA Business & Professions Code § 7612.2(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.

Section § 7612.3

Explanation

This law requires the bureau to post online specific details about cemeteries they oversee. They need to share the cemetery's name, the owner's name, the owner's business address, and the cemetery's physical location.

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.

Section § 7612.4

Explanation

This law requires regulations to be set for maintaining endowment care cemeteries to protect consumers. The rules will vary based on the cemetery's size, location, and other factors, and they must take into account available funds for maintenance. These standards cannot replace any existing higher standards of care.

(a)CA Business & Professions Code § 7612.4(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)CA Business & Professions Code § 7612.4(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.

Section § 7612.5

Explanation

If you've had a professional license or registration revoked, suspended, probated, or surrendered in the past 10 years and want to work for a cemetery, crematory, or cemetery broker, you must inform your potential employer using a specific form. The employer must then notify the responsible bureau within 30 days or risk a warning, unless they were misled by false information from you. If you fail to disclose or lie on the form, you could face disciplinary action or be denied a future license. This rule also applies if you were an owner or officer of a company that lost its license.

(a)Copy CA Business & Professions Code § 7612.5(a)
(1)Copy CA Business & Professions Code § 7612.5(a)(1) Any person who holds or has held, or was named on, any license or registration under the jurisdiction of the bureau that has been, within the immediately preceding 10 years, revoked, suspended, placed on probation, or surrendered under a stipulated decision, and who is employed by, or who seeks employment with, a licensed cemetery, a licensed crematory, or a licensed cemetery broker in any capacity, shall inform the licensed cemetery manager, the licensed crematory manager, or the licensed cemetery broker of that revocation, suspension, probation, or surrender.
(2)CA Business & Professions Code § 7612.5(a)(2) A person subject to this subdivision shall inform the licensed cemetery manager, the licensed crematory manager, or the licensed cemetery broker upon application for employment by completing a form that shall be made available by the bureau.
(b)CA Business & Professions Code § 7612.5(b) The cemetery manager, crematory manager, or cemetery broker who is informed pursuant to subdivision (a) shall notify the bureau by submitting the form within 30 days of being so informed. Failure of the cemetery manager, crematory manager, or cemetery broker to notify the bureau shall be a cause for a warning. A cemetery manager, crematory manager, or cemetery broker shall not be subject to a warning if his or her failure to notify the bureau is due to a false statement made by an employee.
(c)CA Business & Professions Code § 7612.5(c) Any person required to notify the cemetery manager, crematory manager, or cemetery broker under subdivision (a) who fails to do so or who makes a false statement on the required form shall be subject to disciplinary action if that person is a licensee of the bureau, or that failure or false statement shall be cause for denial of a license under Section 480.
(d)CA Business & Professions Code § 7612.5(d) For purposes of subdivision (a), the term “named on” applies to a person who was an owner, partner, or corporate officer of an entity that was licensed or registered under the act at the time that entity’s license or registration under the act was revoked, suspended, placed on probation, or surrendered.

Section § 7612.6

Explanation

Cemeteries in California must submit an annual report to a regulatory bureau detailing the sale of grave spaces and how funds for endowment care have been handled. The report, verified by top officials of the cemetery, should include information on investments and transactions related to these funds. It must also be accompanied by an annual audit from a certified accountant to ensure accuracy. If needed, an extension of up to nine months to file this report may be requested.

(a)CA Business & Professions Code § 7612.6(a) Each cemetery authority shall file with the bureau annually, on or before June 1, or within five months after close of their fiscal year provided approval has been granted by the bureau as provided for in Section 7612.7, a written report in a form prescribed by the bureau setting forth the following:
(1)CA Business & Professions Code § 7612.6(a)(1) The number of square feet of grave space and the number of crypts and niches sold or disposed of under endowment care by specific periods as set forth in the form prescribed.
(2)CA Business & Professions Code § 7612.6(a)(2) The amount collected and deposited in both the general and special endowment care funds segregated as to the amounts for crypts, niches, and grave space by specific periods as set forth either on the accrual or cash basis at the option of the cemetery authority.
(3)CA Business & Professions Code § 7612.6(a)(3) A statement showing separately the total amount of the general and special endowment care funds invested in each of the investments authorized by law and the amount of cash on hand not invested, which statement shall actually show the financial condition of the funds.
(4)CA Business & Professions Code § 7612.6(a)(4) A statement showing separately the location, description, and character of the investments in which the special endowment care funds are invested. The statement shall show the valuations of any securities held in the endowment care fund as valued pursuant to Section 7614.7.
(5)CA Business & Professions Code § 7612.6(a)(5) A statement showing the transactions entered into between the corporation or any officer, employee, or stockholder thereof and the trustees of the endowment care funds with respect to those endowment care funds. The statement shall show the dates, amounts of the transactions, and shall contain a statement of the reasons for those transactions.
(b)CA Business & Professions Code § 7612.6(b) The report shall be verified by the president or vice president and one other officer of the cemetery corporation. The information submitted pursuant to paragraphs (2), (3), (4), and (5) of subdivision (a) shall be accompanied by an annual audit report, prepared in accordance with generally accepted accounting principles, of the endowment care fund and special care fund signed by a certified public accountant or public accountant. The scope of the audit shall include the inspection, review, and audit of the general purpose financial statements of the endowment care fund and special care fund, which shall include the balance sheet, the statement of revenues, expenditures, and changes in fund balance.
(c)CA Business & Professions Code § 7612.6(c) If a cemetery authority files a written request prior to the date the report is due, the bureau may, in its discretion, grant an extension for no more than an additional nine months within which to file the report.

Section § 7612.7

Explanation

If a cemetery wants to change how they report their endowment care fund from using a calendar year to using a fiscal year, or vice versa, they must submit a request to the relevant bureau before the year ends. The bureau can approve the change as long as the report doesn't cover more than 12 months.

Each cemetery authority requesting a change of filing date of the endowment care fund report from a calendar year to a fiscal year or a change in fiscal year shall file a petition with the bureau prior to the close of the year of request. The bureau may approve such petition provided that no report shall be for a period of more than 12 months.

Section § 7612.8

Explanation

This law requires that the name of the trustee managing an endowment care fund be included in a report. If there is a change in who the trustee is, that change must be reported to the relevant bureau within 30 days.

The report shall state the name of the trustee or trustees of the endowment care fund. Any change of trustee shall be reported to the bureau within a period of 30 days after the change is made.

Section § 7612.9

Explanation

This law ensures that annual audit reports from cemetery authorities are accessible to the public. These reports should be sent to the bureau and must be available for public viewing at the cemetery authority's offices during regular hours. If there's no office in the same county as the cemetery, a copy should be filed with the county clerk for public access.

A copy of each annual audit report shall be transmitted to the bureau and shall be a public record. It shall also be open for public inspection at the offices of the cemetery authority during normal business hours. If the cemetery authority does not maintain offices in the county in which its cemetery is located, it shall file a copy of the annual audit report with the county clerk of the county, which shall be subject to public inspection.

Section § 7613

Explanation
This law requires the bureau to review reports to make sure that endowment care funds meet legal requirements both in how much money is collected and how it's invested, according to health and safety laws.
The bureau shall examine the reports filed with it as to their compliance with the requirements of the Health and Safety Code as to the amount of endowment care funds collected and as to the manner of investment of those funds.

Section § 7613.1

Explanation

This law requires that the state's bureau regularly checks on the endowment care funds managed by cemetery authorities. The bureau must do this at least every five years, but more often if the cemetery fails to report, an accountant raises concerns, or if there's a valid complaint about financial wrongdoing. If the bureau finds mistakes requiring more investigation, the cemetery might have to cover the costs of this examination if it takes more than a day.

The bureau shall examine the endowment care funds of a cemetery authority:
(a)CA Business & Professions Code § 7613.1(a) Whenever it deems necessary and at least once every five years.
(b)CA Business & Professions Code § 7613.1(b) Whenever the cemetery authority in charge of endowment care funds fails to file the report required by this article.
(c)CA Business & Professions Code § 7613.1(c) Whenever the accountant or auditor qualifies their certification of the report that is prepared and signed by a certified public accountant licensed in the state and prepared in accordance with Section 7612.6.
(d)CA Business & Professions Code § 7613.1(d) Whenever the bureau receives a valid complaint alleging the authority has engaged in financial misconduct or neglect of duties.
(e)CA Business & Professions Code § 7613.1(e) The reasonable and necessary cost of the examination performed under subdivision (b) or (c) shall be paid by the cemetery authority.
(f)CA Business & Professions Code § 7613.1(f) A certified copy of the actual costs, or a good faith estimate of the costs where actual costs are not available, signed by the director or the director’s designee, shall be prima facie evidence of the reasonable and necessary costs of the examination.
(g)CA Business & Professions Code § 7613.1(g) The actual and necessary expense of the examination under subdivision (a) shall, in the discretion of the bureau, be paid by the cemetery authority whenever the examination requires more than one day and the need for continuing the examination is directly related to identified omissions and errors in the management of endowment care funds.

Section § 7613.10

Explanation

If there's a valid concern that a cemetery's endowment funds are being mismanaged or could be lost, the bureau can quickly step in, without prior warning or court approval, to take control of those funds and related documents. This is to prevent further harm. Anyone who refuses to hand over these documents once the bureau steps in could be fined up to $1,000 or face up to a year in jail, or both.

When it has been alleged by verified petition pursuant to Section 7613.1 or when the bureau on its own investigation determines that there is probable cause to believe that any of the conditions set forth in Section 7613.9 exist or that irreparable loss and injury to the endowment care funds of a cemetery authority has occurred or may occur unless the bureau so acts immediately, the bureau, without notice and before applying to the court for any order, may take possession of the endowment care funds and the books, records, and accounts relating thereto of the cemetery authority, and retain possession subject to the order of the court. Any person having possession of and refusing to deliver any assets, books, or records of a cemetery authority against which a seizure order has been issued by the bureau shall be guilty of a misdemeanor and punishable by a fine not exceeding one thousand dollars ($1,000) or imprisonment not exceeding one year, or by both that fine and imprisonment.

Section § 7613.11

Explanation

This law explains what happens to a cemetery's endowment care funds and property if its operating certificate is canceled, surrendered, or revoked. After 90 days, the bureau takes control of the funds and assets, appoints a bank or trust company to manage them, and acts as a conservator. However, if the cemetery changes ownership within those 90 days, this process does not apply.

(a)CA Business & Professions Code § 7613.11(a) Notwithstanding Sections 7613.9 and 7613.10, 90 days following the cancellation, surrender, or revocation of a certificate of authority, the bureau shall take title of any endowment care funds of the cemetery authority, take possession of all necessary books, records, property, real and personal, and assets, and act as conservator over the management of the endowment care funds in a manner consistent with Article 2 (commencing with Section 8725) of Chapter 5 of Part 3 of Division 8 of the Health and Safety Code.
(b)CA Business & Professions Code § 7613.11(b) The bureau shall appoint as sole trustee of the endowment care fund a bank or trust company authorized under Division 1 (commencing with Section 99) of the Financial Code to engage in the trust business. Notwithstanding Section 8733 of the Health and Safety Code, the sum paid to the bank or trust company appointed by the bureau may exceed 5 percent of the net income derived from the endowment care fund, special care fund, or both.
(c)CA Business & Professions Code § 7613.11(c) This section shall not apply if ownership of the cemetery is transferred in accordance with Section 8585 of the Health and Safety Code within 90 days of the cancellation, surrender, or revocation of the certificate of authority.

Section § 7613.2

Explanation

If a cemetery business doesn't pay the required inspection fees, the state will not allow it to operate, and any existing permits will be taken away. The fees collected go into a government fund for cemetery and funeral services. This rule has been in effect since July 1, 2016.

(a)CA Business & Professions Code § 7613.2(a) If any cemetery authority refuses to pay such expenses, the bureau shall refuse it a certificate of authority and shall revoke any existing certificate of authority. All examination expense moneys collected by the bureau shall be paid into the State Treasury to the credit of the Cemetery and Funeral Fund.
(b)CA Business & Professions Code § 7613.2(b) This section shall become operative on July 1, 2016.

Section § 7613.3

Explanation

This law states that an examining bureau has the right to access and review the books and records related to cemetery trust funds, including their collection and investment and how many burial options are under endowment care. They will check the trust funds' condition, investments, and whether cemetery corporations are following the laws related to these funds. If the bureau asks for proof of how the trust fund income is spent and the cemetery authority doesn't comply, the bureau can access the records to ensure laws are being followed.

(a)CA Business & Professions Code § 7613.3(a) In making the examination, the bureau:
(1)CA Business & Professions Code § 7613.3(a)(1) Shall have free access to the books and records relating to the trust funds, their collection and investment, and the number of graves, crypts, and niches under endowment care.
(2)CA Business & Professions Code § 7613.3(a)(2) Shall inspect and examine the trust funds to determine their condition and the existence of the investments.
(3)CA Business & Professions Code § 7613.3(a)(3) Shall ascertain if the cemetery corporation has complied with all the laws applicable to trust funds.
(b)CA Business & Professions Code § 7613.3(b) Upon request by the bureau, a cemetery authority shall provide records to substantiate the expenditures of the income of the trust funds. If a cemetery authority fails to reasonably comply with this request, the bureau may have access to books, records, and accounts of a cemetery authority for purposes of ascertaining compliance with applicable laws.

Section § 7613.4

Explanation

This law outlines the requirements for limited liability companies (LLCs) certified as cemetery authorities to provide certain professional cemetery and funeral services. Such LLCs must employ licensed professionals like cemetery brokers and funeral directors. They are required to have financial security in place to cover potential claims related to employees' actions. This security can be insurance, financial reserves, guarantees by LLC members, or verification of sufficient net worth. Insurance or financial reserves must range from one to five million dollars depending on the number of licensed employees. Additionally, if dissolved, the company must maintain coverage for a period of up to three years. The law permits these LLCs to use different combinations of these methods to meet the security requirements.

(a)CA Business & Professions Code § 7613.4(a) Subject to subdivision (b), a limited liability company certificated as a cemetery authority pursuant to Section 7018 of the Health and Safety Code may provide services of licensed cemetery brokers, cemetery salespersons, cemetery managers, funeral directors, embalmers, crematorium licensees, and any other person licensed under this code to provide services relating to cemeteries and funerals by employing one or more of these licensed persons.
(b)CA Business & Professions Code § 7613.4(b) At the time of certification, and at all times during which a limited liability company transacts intrastate business as a cemetery authority, the company shall be required to provide security for claims against it based upon acts, errors, or omissions of its licensed employees as described in subdivision (a) by complying with one, or a combination, of the following:
(1)Copy CA Business & Professions Code § 7613.4(b)(1)
(A)Copy CA Business & Professions Code § 7613.4(b)(1)(A) Maintaining a policy or policies of insurance against liability imposed on or against it by law for damages arising out of claims. However, the total aggregate limit of liability under the policy or policies of insurance for a limited liability company that employs five or fewer licensed persons shall not be less than one million dollars ($1,000,000), and for a limited liability company that employs more than five licensees, an additional one hundred thousand dollars ($100,000) of insurance shall be obtained for each additional licensee except that the maximum amount of insurance is not required to exceed five million dollars ($5,000,000) in any one designated period, less amounts paid in defending, settling, or discharging claims as set forth in this paragraph. The policy or policies may be issued on a claims-made or occurrence basis, and shall cover:
(i)CA Business & Professions Code § 7613.4(b)(1)(A)(i) In the case of a claims-made policy, claims initially asserted in the designated period.
(ii)CA Business & Professions Code § 7613.4(b)(1)(A)(ii) In the case of an occurrence policy, occurrences during the designated period.
(B)CA Business & Professions Code § 7613.4(b)(1)(A)(B) For purposes of this paragraph, “designated period” means a policy year or any other designated period in the policy that is not greater than 12 months.
(C)CA Business & Professions Code § 7613.4(b)(1)(A)(C) The impairment or exhaustion of the aggregate limit of liability by amounts paid under the policy in connection with the settlement, discharge, or defense of claims applicable to a designated period shall not require the limited liability company to acquire additional insurance coverage for that designated period. The policy or policies of insurance may be in a form reasonably available in the commercial insurance market and may be subject to those terms, conditions, exclusions, and endorsements that are typically contained in those policies. A policy or policies of insurance maintained pursuant to this paragraph may be subject to a deductible or self-insured retention.
(D)CA Business & Professions Code § 7613.4(b)(1)(A)(D) Upon the dissolution and winding up of the limited liability company, the company shall, with respect to any insurance policy or policies then maintained pursuant to this paragraph, maintain or obtain an extended reporting period endorsement or equivalent provision in the maximum aggregate limit of liability required to comply with this paragraph for a minimum of three years if reasonably available from the insurer.
(2)CA Business & Professions Code § 7613.4(b)(2) Maintaining in trust or bank escrow, cash, bank certificates of deposit, United States Treasury obligations, bank letters of credit, or bonds of insurance or surety companies as security for payment of liabilities imposed by law for damages arising out of all claims. However, the maximum amount of security for a limited liability company that employs five or fewer licensed persons shall not be less than one million dollars ($1,000,000), and for a limited liability company that employs more than five licensees rendering professional services on behalf of the company, an additional one hundred thousand dollars ($100,000) of security shall be obtained for each additional licensee except that the maximum amount of security is not required to exceed five million dollars ($5,000,000). The limited liability company remains in compliance with this section during a calendar year notwithstanding amounts paid during that calendar year from the accounts, funds, Treasury obligations, letters of credit, or bonds in defending, settling, or discharging claims of the type described in this paragraph, provided that the amount of those accounts, funds, Treasury obligations, letters of credit, or bonds was at least the amount specified in the preceding sentence as of the first business day of that calendar year. Notwithstanding the pendency of other claims against the limited liability company, it shall be deemed to be in compliance with this paragraph as to a claim if within 30 days after the time that a claim is initially asserted through service of a summons, complaint, or comparable pleading in a judicial or administrative proceeding, the limited liability company has provided the required amount of security by designating and segregating funds in compliance with the requirements of this paragraph.
(3)CA Business & Professions Code § 7613.4(b)(3) Unless the limited liability company has satisfied paragraph (4), each member of a limited liability company certificated as a cemetery authority that provides professional services rendered by employees who are licensed professionals described in subdivision (a), by virtue of that person’s status as a member, thereby automatically guarantees payment of the difference between the maximum amount of security required for the limited liability company by this subdivision and the security otherwise provided in accordance with paragraphs (1) and (2), provided that the aggregate amount paid by all members under these guarantees shall not exceed the difference. Neither withdrawal by a member nor the dissolution and winding up of the limited liability company shall affect the rights or obligations of a member arising prior to withdrawal or dissolution and winding up, and the guarantee provided for in this paragraph shall apply only to conduct that occurred prior to the withdrawal or dissolution and winding up. Nothing contained in this subdivision shall affect or impair the rights or obligations of the members among themselves, or the limited liability company, including, but not limited to, rights of contribution, subrogation, or indemnification.
(4)CA Business & Professions Code § 7613.4(b)(4) Confirming, pursuant to the procedure in subdivision (c) of Section 16956 of the Corporations Code, that, as of the most recently completed fiscal year of the limited liability company, it had a net worth equal to or exceeding ten million dollars ($10,000,000). The limited liability company shall transmit evidence of this paragraph to the bureau in a form similar to the form submitted by a limited liability partnership providing alternative security provisions pursuant to subdivision (c) of Section 16956 of the Corporations Code.
(c)Copy CA Business & Professions Code § 7613.4(c)
(1)Copy CA Business & Professions Code § 7613.4(c)(1) A limited liability company may aggregate the security required pursuant to paragraphs (1) to (4), inclusive, of subdivision (b).
(2)CA Business & Professions Code § 7613.4(c)(2) For purposes of compliance with this section, the provisions of subdivision (d) of Section 16956 of the Corporations Code shall apply to a limited liability company certificated as a cemetery authority.

Section § 7613.5

Explanation

This law states that anyone licensed to work with cemeteries or funerals, like a cemetery manager or funeral director, cannot have ownership in a company that runs a cemetery. If they do, the company will be breaking the law, and its members will face personal legal responsibility for any mistakes or problems. If a licensed person does own part of such a company, the cemetery authority's operation certificate will be suspended until that person gives up their ownership or license.

(a)CA Business & Professions Code § 7613.5(a) A person licensed under this code as a cemetery broker, cemetery salesperson, cemetery manager, funeral director, embalmer, crematorium licensee, or other person licensed to provide services related to cemeteries and funerals shall not have any ownership interest as a member in a limited liability company certificated as a cemetery authority pursuant to Section 7018 of the Health and Safety Code.
(b)CA Business & Professions Code § 7613.5(b) If a limited liability company admits, as a member with ownership interest, a licensed person described in subdivision (a), the limited liability company, by operation of law, shall be deemed in violation of subdivision (e) of Section 17701.04 of the Corporations Code, and the members shall be treated as partners with joint and several liability for claims made upon acts, errors, or omissions arising out of services provided by any licensed person described in subdivision (a).
(c)CA Business & Professions Code § 7613.5(c) If the bureau determines that a licensed cemetery broker, cemetery salesperson, cemetery manager, funeral director, embalmer, crematorium licensee, or other person licensed to provide services related to cemeteries and funerals has an ownership interest as a member in the limited liability company, the bureau shall suspend the limited liability company’s certificate of authority. The bureau shall reinstate the certificate of authority only upon finding that the licensed cemetery broker, cemetery salesperson, cemetery manager, funeral director, embalmer, crematorium licensee, or other person licensed to provide services related to cemeteries and funerals has been divested of his or her ownership interest in the limited liability company or has voluntarily surrendered his or her license.

Section § 7613.6

Explanation

This law allows the bureau to require people involved with the endowment care fund to swear an oath and answer questions about it. These interviews happen privately at the main office managing the fund.

The bureau may administer oaths and examine under oath any person relative to the endowment care fund. The examination shall be conducted in the principal office of the person or body in charge of the endowment care fund and shall be private.

Section § 7613.7

Explanation

This law requires cemetery corporations to follow specific rules if an inspection or report shows they haven't put enough money into their endowment care funds, as required since 1939. If they fall short, they must comply with certain sections of the Health and Safety Code.

If any examination made by the bureau, or any report filed with it, shows that there has not been collected and deposited in the endowment care funds the minimum amounts required by the Health and Safety Code since September 19, 1939, the bureau shall require a cemetery corporation to comply with Sections 8743 and 8744 of the Health and Safety Code.

Section § 7613.8

Explanation

This law says that if the bureau discovers that endowment care funds are invested improperly, according to the Health and Safety Code, they must issue a written order to fix it. Depending on when the bad investment occurred, the fund manager must reinvest the money correctly within a period that ranges from at least 30 days to two years. The bureau can extend this deadline if it chooses to.

Whenever the bureau finds, after notice and hearing, that any endowment care funds have been invested in violation of the Health and Safety Code, it shall by written order mailed to the person or body in charge of the fund require the reinvestment of the funds in conformity to that code within a period which shall be not less than two years if the investment was made prior to October 1, 1949, not less than six months if the investment was made on or after October 1, 1949, and before the effective date of the amendment of this section by the 1969 Regular Session of the Legislature, and not less than 30 days if the investment is made on or after the effective date of the amendment. The period may be extended by the bureau in its discretion.

Section § 7613.9

Explanation
This section states that if a cemetery authority managing endowment care funds is found to be negligent or in violation by the Bureau, the court can transfer control of these funds to the Bureau. This includes situations like refusing inspections, failing to fix investment issues, or being in a hazardous condition. The Bureau will manage the funds until it's proven that the cemetery can responsibly take over management again.
The superior court of the county in which the principal office of the cemetery authority in charge of endowment care funds is located shall, upon the filing by the bureau of a verified application showing any of the following conditions hereinafter enumerated to exist, issue its order vesting title to any endowment care funds of a cemetery authority in the bureau, and directing the bureau forthwith to take possession of all necessary books, records, property, real and personal, and assets, and to conduct as conservator, the management of such endowment care funds, or so much thereof as to the bureau may seem appropriate:
(a)CA Business & Professions Code § 7613.9(a) That the cemetery authority has refused to submit its books, papers, accounts, or affairs to the reasonable examination of the bureau.
(b)CA Business & Professions Code § 7613.9(b) That the cemetery authority has neglected to observe an order of the bureau to make good within the time prescribed by law any deficiency in its investments of endowment care funds.
(c)CA Business & Professions Code § 7613.9(c) That the cemetery authority is found, after an examination, to be in such condition that its further management of its endowment care funds will be hazardous to its members, plotholders, or to the public.
(d)CA Business & Professions Code § 7613.9(d) That the cemetery authority has violated its articles of incorporation or any law of the state.
(e)CA Business & Professions Code § 7613.9(e) That any officer, director, agent, servant, or employee of the cemetery authority person refuses to be examined under oath relative to the endowment care funds thereof.
(f)CA Business & Professions Code § 7613.9(f) That any person has embezzled or otherwise wrongfully diverted any of the endowment care funds of the cemetery authority.
(g)CA Business & Professions Code § 7613.9(g) The order shall continue in force and effect until, on the application either of the bureau or of the cemetery authority, it shall, after a full hearing, appear to the court that the ground for the order does not exist or has been removed and that the cemetery authority can properly resume title and possession of its property and the management of its endowment care funds.

Section § 7614

Explanation

If a city or county needs to take care of a cemetery due to health, safety, or welfare issues, and the cemetery's operating license is revoked or expired, they can be reimbursed for their costs. This reimbursement would come from any available income in the cemetery's specific endowment care fund. Cities can act under local rules or general powers, and they're protected from certain lawsuits when they do.

If any city, county, or city and county exercises its authority to address public health, safety, or welfare issues in connection with a cemetery within its jurisdiction and if the certificate of authority of the cemetery has been revoked or suspended or has not been renewed, and the bureau holds the endowment care fund of the certificate of authority under applicable provisions of this code, the costs of any action that constitutes care, maintenance, or embellishment of the cemetery within the meaning of Section 8726 of the Health and Safety Code shall be eligible for reimbursement from available income from any endowment care fund in existence for the cemetery. For purposes of this section, local jurisdiction action may be based on charter, ordinance, or inherent police powers. Any claim for money or damages for an act or omission by the local jurisdiction acting in accord with this section shall be subject to all otherwise applicable immunities contained in Division 3.6 (commencing with Section 810) of Title 1 of the Government Code.

Section § 7614.1

Explanation

This law requires local law enforcement, like county sheriffs and city police, to help the bureau when it seizes something according to a specific legal process. If the bureau asks for assistance, these officers must provide support to carry out and enforce the seizure.

Whenever the bureau makes any seizure as provided in Section 7613.10, it shall, on demand of the bureau, be the duty of the sheriff of any county of this state, and of the police department of any municipal corporation therein, to furnish the bureau with deputies, patrolmen, or officers as may be necessary to assist the bureau in making and enforcing that seizure.

Section § 7614.2

Explanation

Right after making a seizure based on Section 7613.10, the bureau must start a legal process according to the rules in Section 7613.9.

Immediately after effecting a seizure pursuant to Section 7613.10, the bureau shall institute a proceeding as provided for in Section 7613.9.

Section § 7614.3

Explanation

This law states that the bureau is in charge of managing the money collected under certain sections. The bureau can deposit this money without needing a court's approval in several authorized places: banks or trust companies that can handle trust funds, a state treasury account, or funds managed by the State Treasurer.

Notwithstanding any other law, the bureau shall be the custodian of all moneys collected or surrendered pursuant to Sections 7613.9 and 7613.10. As custodian, the bureau may deposit those moneys, or any part thereof, without court approval, in any of the following: a bank or trust company legally authorized and empowered by the state to act as a trustee in the handling of trust funds; in a centralized State Treasury system bank account; or in funds administered by the State Treasurer.

Section § 7614.4

Explanation
The bureau is responsible for managing and protecting a specific piece of land in Amador County known as the Elkin Property. This includes handling endowment funds set up by the court to maintain the area. The bureau's main goals are to safeguard any human remains on the property and keep it natural.
The bureau shall maintain, regulate, operate, and control the property situated in the County of Amador, referred to as the Elkin Property in Judicial Council Coordination Proceedings Nos. 1814 and 1817, Order Re Proposed Neptune Memorial, Disposition of the Elkin Property, and Order Re Final Disposition of Ashes of the Sacramento Superior Court, and legally described as “Parcel 16-B as shown on the certain Record or Survey for Eugene S. Lowrance, et ux, filed for record May 17, 1971, in Book 17 of Maps and Plats at page 87, Amador County Records.” The bureau shall administer and supervise endowment funds established by the court for the property. The bureau shall exercise the authority granted by this section for the sole purpose of protecting the human remains resting on the property and preserving the property in its natural state.

Section § 7614.5

Explanation

This law allows the bureau to take legal action to ensure people or organizations are following the rules under its authority, and the Attorney General will act as its lawyer in these cases.

The bureau is authorized to bring action to enforce the provisions of the law subject to its jurisdiction, in which actions it shall be represented by the Attorney General.

Section § 7614.6

Explanation

This section states that the bureau is responsible for overseeing and applying specific parts of the Health and Safety Code, specifically starting at Sections 8100, 8250, and 9501 within Division 8.

The bureau shall enforce and administer Part 1 (commencing with Section 8100), Part 3 (commencing with Section 8250), and Part 5 (commencing with Section 9501) of Division 8 of the Health and Safety Code.

Section § 7614.7

Explanation

This section explains how cemetery corporations should report the value of any debts they hold, like bonds or debentures, in their reports to the bureau. If the corporation purchased these debts at face value (par), they're valued at that same amount. If bought at a different price, the value should be adjusted to account for their maturity and interest rate. However, the value should never be reported higher than what they were worth in the market when purchased.

In any report to the bureau, all bonds, debentures, or other evidences of debt held by a cemetery corporation if amply secured and if not in default as to principal or interest may be valued as follows:
(a)CA Business & Professions Code § 7614.7(a) If purchased at par at the par value.
(b)CA Business & Professions Code § 7614.7(b) If purchased above or below par on the basis of the purchase price adjusted so as to bring the value to par at maturity and so as to yield the effective rate of interest on the basis at which the purchase was made.
(c)CA Business & Professions Code § 7614.7(c) In such valuation, the purchase price shall in no case be taken at a higher figure than the actual market value at the time of purchase.

Section § 7614.8

Explanation

This law says that if a security or debt is in default or isn't well-secured, it can only be counted at its market value as an asset in an endowment care fund. You can't inflate its value beyond what it's currently worth in the market.

Any security or other evidence of debt if in default as to principal or interest or if not amply secured shall not be valued as an asset of the endowment care fund above its market value.

Section § 7614.9

Explanation

This law requires cemetery authorities to provide the person in charge of the burial or cremation with a copy of any pre-arranged burial or cremation contract that was fully or partially paid for by the deceased. This copy should be sent in a way both parties agree on, like in person, by certified mail, or by fax. If the cemetery authority knowingly fails to do this, they can be fined either three times the contract's cost or $1,000, whichever is greater.

Notwithstanding any other law, every cemetery authority shall present to the survivor of the deceased who is handling the burial or cremation arrangements or the responsible party a copy of any preneed agreement that has been signed and paid in full, or in part, by or on behalf of the deceased and is in the possession of the cemetery authority. The copy may be presented in person, by certified mail, or by facsimile transmission, as agreed upon by the survivor of the deceased or the responsible party. A cemetery authority who knowingly fails to present the preneed agreement to the survivor of the deceased or the responsible party shall be liable for a civil fine equal to three times the cost of the preneed agreement, or one thousand dollars ($1,000), whichever is greater.