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2005 California Health and Safety Code Sections 8775-8779.5 Article 4. Special Care
HEALTH AND SAFETY CODESECTION 8775-8779.5
8775. A cemetery authority which has established an endowment care fund may also take and hold any property bequeathed, granted, or given to it in trust to apply the principal, or proceeds, or income to either or all of the following purposes: (a) Improvement or embellishment of all or any part of the cemetery or any lot in it. (b) Erection, renewal, repair, or preservation of any monument, fence, building, or other structure in the cemetery. (c) Planting or cultivation of trees, shrubs, or plants in or around any part of the cemetery. (d) Special care or ornamenting of any part of any plot, section, or building in the cemetery. (e) Any purpose or use not inconsistent with the purpose for which the cemetery was established or is maintained. 8776. The sums paid in or contributed to the fund authorized by this article are hereby expressly permitted as and for a charitable and eleemosynary purpose. Such contributions are a provision for the discharge of a duty due from the persons contributing to the person or persons interred or to be interred in the cemetery and likewise a provision for the benefit and protection of the public by preserving, beautifying, and keeping cemeteries from becoming unkept and places of reproach and desolation in the communities in which they are situated. No payment, gift, grant, bequest, or other contribution for such purpose is invalid by reason of any indefiniteness or uncertainty of the persons designated as beneficiaries in the instruments creating the fund, nor is the fund or any contribution to it invalid as violating any law against perpetuities or the suspension of the power of alienation of title to property. 8777. All money or property received by a cemetery authority for deposit in a special care fund shall be placed in the custody of the trustee or trustees thereof within 30 days after receipt by the cemetery authority. The corpus of special care trusts shall be invested and reinvested and kept invested as authorized by Section 8778. 8778. (a) The following shall be eligible investments for all special care trusts: (1) Bonds of the United States or this state, or of any county, city or city and county in this state. (2) Bonds which are legal investments for commercial banks in this state. (3) Certificates of deposit or other interest-bearing accounts in any bank in this state insured by the Federal Deposit Insurance Corporation. (4) Investment certificates or shares in any state or federally chartered savings and loan association insured by the Federal Savings and Loan Insurance Corporation. (5) Investments in first trust deeds on improved real estate, provided such loans require monthly amortization of principal and interest and are fully amortized within 30 years or the term of the loan, whichever comes first. No loan shall be made to the cemetery authority; director, officer, or stockholder of a cemetery authority, or trustees of the special care funds; or partners, relatives, agents, or employees thereof. (b) With respect only to special care trusts created by irrevocable agreement, any investment which is lawful for endowment care funds under Sections 8751 and 8751.1 shall also be a lawful investment for such special care trusts. 8779. Nothing in this article shall require liquidation or transmutation of any lawful investment existing on December 31, 1976, but any reinvestment shall be governed by Section 8778, and any interest or other increment actually received on account of such an investment shall be reinvested only as provided in Section 8778. 8779.5. Each special care fund established pursuant to this article shall be held in trust and managed by either the board of trustees of the cemetery authority's endowment care fund or by a board of trustees meeting the qualifications prescribed by this chapter for such a board of trustees. However, nothing in this section shall be construed to modify the terms of any special care trust established prior to January 1, 1977.
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