Business and Professions Code - BPC


Published: 2015-07-08

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Business and Professions Code - BPC

DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.8]

  ( Heading of Division 3 added by Stats. 1939, Ch. 30. )

CHAPTER 19. Cemeteries [9600 - 9789]

  ( Chapter 19 added by Stats. 1949, Ch. 1487. )
ARTICLE 1. General Provisions [9600 - 9615]
  ( Article 1 added by Stats. 1949, Ch. 1487. )

9600.  

This chapter of the Business and Professions Code constitutes the chapter on cemetery regulation. It may be cited as the “Cemetery Act.”

(Added by Stats. 1949, Ch. 1487.)

9601.  

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. 1949, Ch. 1487.)

9602.  

“Act” means Cemetery Act.

(Added by Stats. 1949, Ch. 1487.)

9603.  

The following terms as used in this chapter shall have the meanings expressed in this section:

(a) “Department” means the Department of Consumer Affairs.

(b) “Director” means the Director of Consumer Affairs.

(c) “Bureau” means the Cemetery and Funeral Bureau.

(Amended by Stats. 2000, Ch. 568, Sec. 147. Effective January 1, 2001.)

9604.  

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.

(Amended by Stats. 1998, Ch. 970, Sec. 97. Effective January 1, 1999.)

9605.  

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.

(Amended by Stats. 1998, Ch. 970, Sec. 98. Effective January 1, 1999.)

9605.1.  

(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 9676, 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 9677.

(Added by Stats. 2002, Ch. 825, Sec. 5. Effective January 1, 2003.)

9605.2.  

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 a crematory licensed under this chapter, and the cremation of human remains.

(Added by Stats. 2002, Ch. 825, Sec. 6. Effective January 1, 2003.)

9606.  

The definitions in Chapter 1 of Part 1 of Division 7 of the Health and Safety Code are applicable to this act.

(Added by Stats. 1949, Ch. 1487.)

9607.  

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

(Amended by Stats. 2002, Ch. 825, Sec. 7. Effective January 1, 2003.)

9607.5.  

“Crematory licensee” shall mean a corporation, partnership, or natural person licensed pursuant to Article 8 (commencing with Section 9780) and shall mean a cemetery licensee for purposes of disciplinary action under Article 6 (commencing with Section 9725).

(Added by Stats. 1979, Ch. 756.)

9607.6.  

A cremated remains disposer is a person who, for his or her own account or for another, disposes of, or offers to dispose of, cremated human remains by scattering over or on land or sea.

(Added by Stats. 1985, Ch. 391, Sec. 1.)

9608.  

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

(Amended by Stats. 1951, Ch. 176.)

9608.5.  

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. 1951, Ch. 338.)

9608.6.  

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

(Added by Stats. 1953, Ch. 386.)

9609.  

This act 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) such cemeteries shall be subject to the cemetery brokerage provisions of this act, and (2) any such 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 such funeral or cremation.

(Amended by Stats. 1972, Ch. 1269.)

9611.  

The bureau shall disclose on its 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. 2006, Ch. 401, Sec. 1. Effective January 1, 2007.)

9612.  

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.

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.

(Added by Stats. 2006, Ch. 401, Sec. 2. Effective January 1, 2007.)

9613.  

(a)  The bureau shall survey each of its licensees to obtain information to determine if the endowment care fund levels of the licensee’s cemetery are sufficient to cover the cost of future operation. The bureau shall also review the levels of endowment care funds that have previously been reported pursuant to this chapter by licensed cemeteries.

(b) The bureau shall report its findings and recommendations to the Legislature by January 1, 2008.

(Added by Stats. 2006, Ch. 401, Sec. 3. Effective January 1, 2007.)

9615.  

(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) 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) 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) 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) 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.

(Added by Stats. 2008, Ch. 490, Sec. 2. Effective January 1, 2009.)