Sections
47 entriesSection 7611Establishes that the definitions in the article control the meaning of terms used in the act unless a different meaning is expressly…Section 7611.1Defines “Act” to mean the Cemetery and Funeral Bureau Act. The provision supplies only that term’s chapter-specific meaning and does not itself…Section 7611.2Defines a “cemetery broker” as a person who, outside an occasional sale, for that person’s own account or another’s sells, offers, buys,…Section 7611.3Defines a “cemetery salesperson” as a natural person employed by a cemetery broker who, outside an occasional sale, for that person’s own…Section 7611.4Defines a “cemetery manager” generally as a person engaging in, conducting, or representing involvement in activities incidental to maintaining, operating, or improving…Section 7611.5Defines a “crematory manager” as a person who engages in, conducts, or holds themselves out as engaged in activities involved in or…Section 7611.6Extends the definitions contained in the referenced Health and Safety Code chapter to this act. Terms governed by those external definitions therefore…Section 7611.7Defines “cemetery licensee” to mean any cemetery broker, cemetery salesperson, or cemetery manager. The definition is limited to those three listed categories…Section 7611.8Defines “crematory licensee” as a corporation, partnership, or natural person licensed under the specified crematory licensing article. Also defines that crematory licensee…Section 7611.9Defines a “cremated remains disposer” as a person who, for that person’s own account or another’s, disposes of or offers to dispose…Section 7611.10Defines “endowment care” and “endowed care” to include both general care funds and special care funds. The provision gives the two terms…Section 7611.12Defines a “licensed hydrolysis facility” as a corporation, partnership, or natural person licensed under the referenced article and treats such a facility…Section 7612Defines an “occasional sale” as a sale of cemetery property that was not acquired or held for resale or speculation, provided the…Section 7612.1Defines a “public cemetery” as a cemetery that is both owned and operated by a city, county, city and county, or public…Section 7612.2Exempts specified religious cemeteries and entities, public cemeteries, and pre-September 19, 1939 private or fraternal burial parks of no more than 10…Section 7612.3Requires the bureau to publish on its website information about every cemetery under its jurisdiction. Requires disclosure, in addition to information mandated…Section 7612.4Requires the bureau to adopt minimum maintenance standards for endowment care cemeteries under its jurisdiction, considering cemetery size, location, topography, interment type,…Section 7612.5Requires a person whose license or registration was revoked, suspended, placed on probation, or surrendered within the preceding 10 years to disclose…Section 7612.6Requires each cemetery authority to file an annual bureau report by June 1, or within five months after fiscal-year close with bureau…Section 7612.7Requires a cemetery authority seeking to change its endowment-care fund report filing date from calendar to fiscal year, or change its fiscal…Section 7612.8Requires the endowment-care report to identify the trustee or trustees of the endowment care fund. Any change in trustee must be reported…Section 7612.9Requires each annual audit report to be sent to the bureau, treated as a public record, and made available for public inspection…Section 7612.10Allows the bureau to fine a cemetery authority up to $400 per month for at most five months for a late required…Section 7612.11Requires the bureau to study whether each licensed cemetery’s endowment-care funds can cover future maintenance and requires each licensed cemetery authority to…Section 7612.12Requires the bureau by March 1, 2026, to convene a stakeholder workgroup on continued care of abandoned cemeteries, including possible county responsibilities,…Section 7613Requires the bureau to examine filed cemetery reports for compliance with Health and Safety Code requirements governing both the amount of endowment…Section 7613.1Requires the bureau to examine cemetery endowment care funds when necessary, at least every five years, and upon specified reporting, auditor, or…Section 7613.2Requires the bureau to refuse a certificate of authority and revoke any existing certificate when a cemetery authority refuses to pay the…Section 7613.3Requires the bureau, during an endowment-care examination, to have free access to related books and records, inspect the trust funds and investments,…Section 7613.4Allows a certificated cemetery-authority LLC to employ licensed cemetery/funeral professionals but requires claim security for intrastate business. Insurance/security must be at least…Section 7613.5Prohibits specified cemetery and funeral licensees from owning a membership interest in a limited liability company certificated as a cemetery authority. Requires…Section 7613.6Allows the bureau to administer oaths and examine any person under oath concerning an endowment care fund. The examination must take place…Section 7613.7Requires the bureau to direct a cemetery corporation to comply with specified Health and Safety Code provisions if a bureau examination or…Section 7613.8Requires the bureau, after notice and hearing, to order reinvestment of endowment-care funds found invested contrary to the Health and Safety Code.…Section 7613.9Requires the superior court, on a verified bureau application showing cemetery endowment-fund misconduct or danger, to vest fund title in the bureau…Section 7613.10Allows the bureau, upon the specified petition or its own probable-cause determination of stated endowment-fund risks, to take immediate possession without notice…Section 7613.11Requires the bureau, 90 days after cancellation, surrender, or revocation of a cemetery authority certificate, to take title to endowment funds, possess…Section 7614Allows a city, county, or city and county addressing cemetery public-health, safety, or welfare issues to obtain reimbursement from available endowment-care-fund income…Section 7614.1Requires a county sheriff or municipal police department, upon the bureau’s demand, to provide deputies, patrol officers, or other officers necessary to…Section 7614.2Requires the bureau, immediately after carrying out a seizure under the referenced seizure provision, to institute the proceeding specified in the referenced…Section 7614.3Establishes the bureau as custodian of all money collected or surrendered under the specified provisions and allows it, without court approval, to…Section 7614.4Requires the bureau to maintain, regulate, operate, and control the specified Elkin Property in Amador County and to administer and supervise court-established…Section 7614.5Allows the bureau to bring an action to enforce laws within its jurisdiction. In any such enforcement action, the Attorney General must…Section 7614.6Requires the bureau to enforce and administer the three specified parts of Division 8 of the Health and Safety Code. The mandate…Section 7614.7Allows amply secured, nondefaulted bonds, debentures, and other debt held by a cemetery corporation to be valued in bureau reports at par…Section 7614.8Limits the value assigned as an endowment-care-fund asset to any security or other evidence of debt that is in default on principal…Section 7614.9Requires cemetery authorities to give the survivor handling burial or cremation, or responsible party, a copy of any preneed agreement they hold…