2005 California Business and Professions Code Sections 9600-9610 Article 1. General Provisions

9600.  This chapter of the Business and Professions Code constitutes
the chapter on cemetery regulation.  It may be cited as the
"Cemetery Act."
9601.  The definitions in this article govern the meaning of terms
used in the act except as otherwise provided expressly or by
necessary implication.
9602.  "Act" means Cemetery Act.
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.
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.
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.
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.
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.
9606.  The definitions in Chapter 1 of Part 1 of Division 7 of the
Health and Safety Code are applicable to this act.
9607.  "Cemetery licensee" means any cemetery broker, cemetery
salesperson, or cemetery manager.
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).
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.
9608.  "Endowment care" or "endowed care" shall include both general
and special care funds.
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.
9608.6.  "Public cemetery" means a cemetery owned and operated by a
city, county, city and county, or public cemetery district.
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.
9610.  The bureau shall do both of the following:
   (a) Conduct a comprehensive study of the need for the regulation
of proprietary employees of religious corporations, churches,
religious societies, and religious denominations.
   (b) Report to the department and the Joint Committee on Boards,
Commissions, and Consumer Protection on or before September 1, 2004,
on the matter specified in subdivision (a).