Title BPC, California Bus. & Prof. Code

(a) The bureau shall establish the fee to obtain or renew a hydrolysis facility license, which shall not exceed the reasonable cost of license administration. (b) Every licensee operating a hydrolysis facility pursuant to a license issued pursuant to this article shall pay an add…

(a) On or before January 1, 2027, the bureau shall establish the fee to obtain or renew a reduction facility license, which shall be set by the bureau pursuant to subdivision (c). (b) Every licensee operating a reduction facility shall pay an additional charge per reduction made …

The renewal fee for a cremated remains disposer registration shall be one hundred dollars ($100). (Amended by Stats. 2022, Ch. 625, Sec. 58. (SB 1443) Effective January 1, 2023.)

For change of name or of address of licensee on the records of the bureau, the fee shall be twenty-five dollars ($25). (Amended by Stats. 2022, Ch. 625, Sec. 59. (SB 1443) Effective January 1, 2023.)

For transfer of a salesperson’s license on change of employer, the fee shall be fifty dollars ($50). (Amended by Stats. 2022, Ch. 625, Sec. 60. (SB 1443) Effective January 1, 2023.)

For a duplicate license the fee shall be fifty dollars ($50). (Amended by Stats. 2022, Ch. 625, Sec. 61. (SB 1443) Effective January 1, 2023.)

(a) For reinstatement of a license within the fiscal year, the fee shall be fifty dollars ($50). (b) As used in this section, “reinstatement of a license” means the reissuance of a canceled cemetery broker’s license, or a cemetery salesperson’s license which was canceled during t…

(a) The fee for a crematory manager examination and reexamination shall be six hundred eighty dollars ($680). (b) The license fee to obtain a crematory manager license shall be one hundred thirty dollars ($130). (c) The renewal fee for a crematory manager license shall be one hun…

(a) The fee for a cemetery manager examination shall be eight hundred dollars ($800). (b) The license fee to obtain a cemetery manager license shall be one hundred thirty dollars ($130). (c) The renewal fee for a cemetery manager license shall be one hundred fifty dollars ($150).…

The fee for filing a report of a change of designated manager or a request for approval to share a designated cemetery manager shall not exceed fifty dollars ($50). (Added by Stats. 2015, Ch. 395, Sec. 58. (AB 180) Effective January 1, 2016.)

Upon payment of the charges set forth, the bureau shall issue a renewal of the certificate of authority to the cemetery authority. (Added by Stats. 2015, Ch. 395, Sec. 61. (AB 180) Effective January 1, 2016.)

Failure to pay the charges set forth by Section 7730.10 prior to February 1 for each year shall be cause for suspension of the certificate of authority. The certificate may be restored upon payment to the bureau of the prescribed charges. (Added by Stats. 2015, Ch. 395, Sec. 62. …

It is a misdemeanor for any cemetery corporation to make any interments without a valid certificate of authority. Each interment shall be a separate violation. (Added by Stats. 2015, Ch. 395, Sec. 63. (AB 180) Effective January 1, 2016.)

(a) All moneys received by the bureau under the provisions of this chapter shall be accounted for and reported by detailed statements furnished by the bureau to the Controller at least once a month, and at the same time these moneys shall be remitted to the Treasurer, and, upon o…

(a) All moneys paid into the State Treasury and credited to the Cemetery and Funeral Fund shall be expended in accordance with law for the payment of all actual and necessary expenses incurred in carrying out the provisions of this act. (b) This section shall become operative on …

No funeral establishment licensed under the laws of the State of California, or the agents or employees of a funeral establishment, shall enter into or solicit any preneed arrangement, contract, or plan, hereinafter referred to as “contract,” requiring the payment to the licensee…

The preneed funeral arrangement contract shall clearly state if benefits are unavailable or limited for any reason. (Added by Stats. 2001, Ch. 715, Sec. 4. Effective January 1, 2002.)

For the purposes of this article the term “trustee” shall mean any banking institution or trust company legally authorized and empowered by the State of California to act as trustee in the handling of trust funds or not less than three persons one of whom may be an employee of th…

(a) All securities purchased by the trustor for deposit in trust and all money received from the trustor for deposit in trust shall be placed in trust with a trustee within 30 days of their receipt by the funeral establishment pursuant to a trust agreement executed by the funeral…

(a) (1) For purposes of Section 7737, a funeral establishment that intends to cease engaging in business operations, as authorized under this chapter, by reason of dissolution, closure, sale, or revocation and that intends to transfer its preneed funeral agreements to a licensed …

(a) The bureau shall create, and post on its internet website, the forms required by Section 7737.1 by January 1, 2023. (b) The bureau shall adopt and post on its internet website, by January 1, 2023, regulations regarding the type of proof of notice the funeral establishment cea…

All commingled preneed trust funds held by a funeral establishment shall be subject to an annual, independent certified financial audit with a copy of the audit to be submitted to the bureau for review within 120 days of the close of the fund’s fiscal year. Any findings of noncom…

A trustee may deposit the corpus of the trust in any financial institution insured by the Federal Deposit Insurance Corporation. (Amended by Stats. 1998, Ch. 970, Sec. 91. Effective January 1, 1999.)

A trustee may deposit the corpus of the trust in any credit union which is insured by the National Credit Union Share Insurance Fund. (Added by Stats. 1987, Ch. 764, Sec. 1.)

A licensed funeral establishment that is also a licensed cemetery authority shall not deposit any money or securities received in connection with preneed funeral arrangements in a special endowment care fund as provided in Article 4 (commencing with Section 8775) of Chapter 5 of …

Any person willfully violating the provisions of this article or any of them shall be punishable 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 imprisonment and fine, or by imprisonme…

The bureau is authorized to enforce of its own initiative the provisions of this article and may adopt such rules and regulations as in its opinion may be necessary to perform such duties and to safeguard the trust funds subject to this chapter. (Amended by Stats. 2000, Ch. 568, …

A funeral establishment shall pay to the bureau the fee fixed by this chapter for filing with the bureau any report on preneed trust funds required by rules and regulations of the bureau adopted pursuant to Section 7740. (Amended by Stats. 2000, Ch. 568, Sec. 146. Effective Janua…

Nothing in this article shall apply to cemetery property; cemetery commodities; cemetery service; or merchandise that is delivered as soon as paid for. (Added by Stats. 1965, Ch. 1414.)

Nothing in this article shall apply to any arrangement, contract, or plan for the issuance of securities now or hereafter authorized under a permit of the Commissioner of Financial Protection and Innovation of this state. (Amended by Stats. 2022, Ch. 452, Sec. 7. (SB 1498) Effect…

Every funeral establishment shall present to the survivor of the deceased who is handling the funeral arrangements or the responsible party a copy of any preneed agreement which has been signed and paid for in full, or in part by, or on behalf of the deceased and is in the posses…

(a) Notwithstanding any other provision of law, a funeral establishment that is otherwise exempt from the requirement of filing an annual preneed trust report or whose preneed trust funds are reported in a combined preneed annual preneed trust report, shall annually file a declar…

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

(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…

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, …

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 p…

(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 …

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…

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). (Added by Stats. 20…

(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, 20…

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 …

“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.)