2022 California Code
Health and Safety Code - HSC
DIVISION 8 - CEMETERIES
PART 3 - PRIVATE CEMETERIES
CHAPTER 5 - Endowment and Special Care
ARTICLE 2 - Care of Active Cemeteries
Section 8738.
8738. (a) For purposes of this section, “net price” means the retail price less any discounts the cemetery provides to consumers for the purchase of an interment space.
(b) An endowment care cemetery is one which has deposited in its endowment care fund the minimum amounts heretofore required by law and shall hereafter have deposited in its endowment care fund at the time of or not later than completion of the initial sale not less than the following amounts for plots sold or disposed of:
(1) Either 6 percent of net price or two hundred dollars ($200), whichever is greater, with a required deposit not to exceed six thousand dollars ($6,000), for each grave.
(2) Either 6 percent of net price or one hundred dollars ($100), whichever is greater, with a required deposit not to exceed six thousand dollars ($6,000), for each niche.
(3) Either 6 percent of net price or two hundred dollars ($200), whichever is greater, with a required deposit not to exceed six thousand dollars ($6,000), for each crypt.
(4) Either 6 percent of net price or one hundred dollars ($100), whichever is greater, for the cremated or hydrolyzed remains of each deceased person scattered in the cemetery at a garden or designated open area that is not an interment site subject to paragraph (1).
(c) This section shall become operative on January 1, 2023.
(d) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
(Repealed (in Sec. 5) and added by Stats. 2021, Ch. 442, Sec. 6. (AB 651) Effective January 1, 2022. Operative January 1, 2023, by its own provisions. Repealed as of January 1, 2024, by its own provisions. See later operative version added by Sec. 7 of Stats. 2021, Ch. 442.)
