Code Section Group

Business and Professions Code - BPC

DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.11]

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

CHAPTER 12. Cemetery and Funeral Act [7600 - 7746]

  ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. )

ARTICLE 8. Revenue [7725 - 7731.4]
  ( Article 8 added by Stats. 1939, Ch. 39. )

7725.
  

A license issued under this chapter shall expire each year on the last day of the month in which the license was originally issued. To renew an unexpired license, the licenseholder shall on or before the date on which it would otherwise expire, apply for renewal on a form prescribed by the bureau, and pay the renewal fee prescribed by this chapter.

The bureau shall mail to each licensed funeral establishment, funeral director, and embalmer, addressed to him or her at his or her address of record, a notice that a renewal fee is due and payable.

(Amended by Stats. 2003, Ch. 874, Sec. 26. Effective January 1, 2004.)

7725.2.
  

Except as otherwise provided in this chapter, a license that has expired may be renewed at any time within five years after its expiration on filing of an application for renewal on a form prescribed by the bureau and payment of all accrued and unpaid renewal fees. If the license is not renewed within 30 days after its expiration the licensee, as a condition precedent to renewal, shall also pay the delinquency fee prescribed by this chapter. Renewal under this section shall be effective on the date on which the application is filed, on the date on which all renewal fees are paid, or on the date on which the delinquency fee, if any, is paid, whichever last occurs. If so renewed, the license shall continue in effect through the date provided in Section 7725 that next occurs after the effective date of the renewal, when it shall expire if it is not again renewed.

If a license is not renewed within one year following its expiration, the bureau may require as a condition of renewal that the holder of the license pass an examination on the appropriate subjects provided by this chapter.

(Amended by Stats. 2015, Ch. 395, Sec. 36. (AB 180) Effective January 1, 2016.)

7725.3.
  

A suspended license is subject to expiration and shall be renewed as provided in this article, but such renewal does not entitle the holder of the license, while it remains suspended and until it is reinstated, to engage in the activity to which the license relates, or in any other activity or conduct in violation of the order or judgment by which it was suspended.

(Amended by Stats. 1967, Ch. 1338.)

7725.4.
  

A revoked license is subject to expiration as provided in this article, but it may not be renewed. If it is reinstated after its expiration, the holder of the license, as a condition precedent to its reinstatement, shall pay a reinstatement fee in an amount equal to the renewal fee in effect on the last regular renewal date before the date on which it is reinstated plus the delinquency fee, if any, accrued at the time of its revocation.

(Amended by Stats. 1967, Ch. 1338.)

7725.5.
  

A license that is not renewed within five years after its expiration may not be renewed, restored, reissued, or reinstated thereafter. The holder of the expired license may obtain a new license only if the holder pays all of the fees, and meets all of the requirements, other than requirements relating to education, set forth in this chapter for obtaining an original license, except that the bureau may issue a new license to the holder without examination if the holder establishes to the bureau’s satisfaction that, with due regard for the public interest, the holder is qualified to engage in the activity in which the holder again seeks to be licensed. The bureau may, by appropriate regulation, provide for the waiver or refund of all or any part of the application fee in those cases in which a license is issued without examination under this section.

The provisions of this section do not apply to certificates of apprenticeship.

(Amended by Stats. 2009, Ch. 307, Sec. 93. (SB 821) Effective January 1, 2010.)

7727.
  

(a) On or before the 10th day of each month, the department shall pay into the State Treasury and report to the State Controller all the fees received for the bureau. The fees shall be received by the State Treasurer and placed in the Cemetery and Funeral Fund, which fund is available for expenditures necessary for the proper administration of this chapter.

(b) This section shall become operative on July 1, 2016.

(Repealed (in Sec. 37) and added by Stats. 2015, Ch. 395, Sec. 38. (AB 180) Effective January 1, 2016. Section operative July 1, 2016, by its own provisions.)

7729.
  

The amount of the fees prescribed by this chapter shall be fixed according to the following schedule with the minimum amount specified being the amount fixed on January 1, 1988.

(a) The application fee for a funeral director’s license shall be not less than one hundred dollars ($100) and not more than two hundred dollars ($200).

(b) The application fee for change of location of a funeral establishment’s license shall be not less than one hundred fifty dollars ($150) and not more than two hundred fifty dollars ($250).

(c) The application fee for permission to assign a funeral establishment’s license shall be not less than two hundred dollars ($200) and not more than three hundred dollars ($300).

(d) The license renewal fee payable by a licensed funeral director shall be not less than one hundred dollars ($100) and not more than two hundred dollars ($200). The fee for a delinquent renewal of a funeral director’s license shall be 150 percent of the timely renewal fee.

(e) The application fee for an embalmer’s license and the examination on the state’s laws required under paragraph (2) of subdivision (a) of Section 7646 for the license shall be not less than one hundred dollars ($100) and not more than one hundred fifty dollars ($150).

(f) The renewal fee payable by a licensed embalmer shall be not less than seventy-five dollars ($75) and not more than one hundred twenty-five dollars ($125). The fee for a delinquent renewal of an embalmer’s license shall be 150 percent of the timely renewal fee.

(g) The application fee for a certificate of registration as an apprentice embalmer shall be not less than thirty dollars ($30) and not more than sixty dollars ($60).

(h) The fee for an application by a funeral establishment for approval to train apprentice embalmers and for renewal of that approval shall be not less than fifty dollars ($50) and not more than one hundred dollars ($100).

(i) The application fee for a funeral director’s examination shall be not less than seventy-five dollars ($75) and not more than one hundred dollars ($100).

(j) The fee for a timely filing of an individual report or a combined report on preneed trust funds shall be not less than one hundred dollars ($100) and not more than two hundred dollars ($200). The fee for a late filing of any report on preneed trust funds shall be 150 percent of the applicable timely fee.

(k) The application fee for permission to change the name appearing on a funeral establishment’s license shall be not less than one hundred dollars ($100) and not more than two hundred dollars ($200), and for permission to change the name on any other license or certificate, not less than twenty dollars ($20) and not more than forty dollars ($40).

(l) The application fee for a duplicate funeral director’s license, a duplicate funeral establishment’s license, a duplicate embalmer’s license, or a duplicate certificate of registration as an apprentice embalmer, shall be not less than twenty dollars ($20) and not more than forty dollars ($40).

(m) The fee for filing a report of a change of corporate officers, managers, or preneed trust fund trustees shall be not less than twenty-five dollars ($25) and not more than fifty dollars ($50).

(n) The application fee for a funeral establishment license shall be not less than three hundred dollars ($300) and not more than four hundred dollars ($400).

(o) The license renewal fee for a licensed funeral establishment shall be not less than three hundred dollars ($300) nor more than four hundred dollars ($400).

(Amended by Stats. 2009, Ch. 307, Sec. 94. (SB 821) Effective January 1, 2010.)

7729.1.
  

The amount of fees prescribed for a license or certificate of authority under this act is that fixed by the following provisions of this article. Any license or certificate of authority provided under this act that has expired may be renewed within five years of its expiration upon payment of all accrued and unpaid renewal and regulatory fees.

(Added by Stats. 2015, Ch. 395, Sec. 39. (AB 180) Effective January 1, 2016.)

7729.2.
  

The delinquent renewal fee for a license, registration, or certificate of authority under this chapter shall be 150 percent of the timely fee, but not less than the renewal fee plus twenty-five dollars ($25).

(Added by Stats. 2015, Ch. 395, Sec. 40. (AB 180) Effective January 1, 2016.)

7729.3.
  

The original cemetery broker’s license fee shall be fixed by the bureau at not more than four hundred dollars ($400).

(Added by Stats. 2015, Ch. 395, Sec. 41. (AB 180) Effective January 1, 2016.)

7729.4.
  

(a) The original cemetery broker’s license fee is payable at the time of the filing of an application for an original cemetery broker’s license.

(b) If the applicant fails the required written examination, he or she may be permitted to take another examination upon the filing of an application for reexamination and the payment of a reexamination fee. This reexamination fee shall be fixed by the bureau at not more than one hundred dollars ($100).

(c) No part of any original cemetery broker’s license fee or reexamination fee is refundable. It is deemed earned upon receipt by the bureau, whether the accompanying application for a license is complete or incomplete.

(Added by Stats. 2015, Ch. 395, Sec. 42. (AB 180) Effective January 1, 2016.)

7729.5.
  

The annual renewal fee for a cemetery broker’s license shall be fixed by the bureau at not more than three hundred dollars ($300).

(Added by Stats. 2015, Ch. 395, Sec. 43. (AB 180) Effective January 1, 2016.)

7729.6.
  

If the licensee is a cemetery brokerage corporation, the license issued to it entitles one officer only, on behalf of the corporation, to engage in the business of a cemetery broker without the payment of a further fee, that officer to be designated in the application of the corporation for a license. For each other officer of a licensed cemetery brokerage corporation, through whom it engages in the business of a cemetery broker, the annual renewal fee, in addition to the fee paid by the corporation, shall be fixed by the bureau at not more than one hundred dollars ($100).

(Added by Stats. 2015, Ch. 395, Sec. 44. (AB 180) Effective January 1, 2016.)

7729.7.
  

If the licensee is a cemetery brokerage copartnership, the license issued to it entitles one member only of the copartnership to engage on behalf of the copartnership in the business of a cemetery broker, which member shall be designated in the application of the copartnership for a license. For each other member of the copartnership who on behalf of the copartnership engages in the business of a cemetery broker, the annual renewal fee, in addition to the fee paid by the copartnership, shall be fixed by the bureau at not more than one hundred dollars ($100).

(Added by Stats. 2015, Ch. 395, Sec. 45. (AB 180) Effective January 1, 2016.)

7729.8.
  

The cemetery salesperson’s license fee shall be fixed by the bureau at not more than thirty dollars ($30).

(Added by Stats. 2015, Ch. 395, Sec. 46. (AB 180) Effective January 1, 2016.)

7729.9.
  

A cemetery salesperson’s license fee is payable on each filing of an application for a cemetery salesperson’s license.

(Added by Stats. 2015, Ch. 395, Sec. 47. (AB 180) Effective January 1, 2016.)

7729.10.
  

The annual renewal fee for a cemetery salesperson’s license shall be fixed by the bureau at not more than twenty-five dollars ($25).

(Added by Stats. 2015, Ch. 395, Sec. 48. (AB 180) Effective January 1, 2016.)

7730.
  

For a branch office broker’s license, the fee shall be fixed by the bureau at not more than one hundred dollars ($100).

(Added by Stats. 2015, Ch. 395, Sec. 49. (AB 180) Effective January 1, 2016.)

7730.1.
  

The cremated remains disposer registration fee shall be one hundred dollars ($100).

(Added by Stats. 2015, Ch. 395, Sec. 50. (AB 180) Effective January 1, 2016.)

7730.2.
  

The renewal fee for a cremated remains disposer registration shall be fifty dollars ($50).

(Added by Stats. 2015, Ch. 395, Sec. 51. (AB 180) Effective January 1, 2016.)

7730.3.
  

For change of name or of address of licensee on the records of the bureau, the fee shall be fixed by the bureau at not more than twenty-five dollars ($25).

(Added by Stats. 2015, Ch. 395, Sec. 52. (AB 180) Effective January 1, 2016.)

7730.4.
  

For transfer of a salesperson’s license on change of employer, the fee shall be fixed by the bureau at not more than twenty-five dollars ($25).

(Added by Stats. 2015, Ch. 395, Sec. 53. (AB 180) Effective January 1, 2016.)

7730.5.
  

For a duplicate license the fee shall be fixed by the bureau at not more than twenty-five dollars ($25).

(Added by Stats. 2015, Ch. 395, Sec. 54. (AB 180) Effective January 1, 2016.)

7730.6.
  

(a) For reinstatement of a license within the fiscal year, the fee shall be fixed by the bureau at not more than twenty-five dollars ($25).

(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 the year for which it was issued upon the salesperson’s withdrawal from the employ of a cemetery broker.

(Added by Stats. 2015, Ch. 395, Sec. 55. (AB 180) Effective January 1, 2016.)

7730.7.
  

(a) The fee for a crematory manager examination and reexamination may not exceed five hundred dollars ($500).

(b) The license fee to obtain a crematory manager license may not exceed one hundred dollars ($100).

(c) The renewal fee for a crematory manager license may not exceed one hundred dollars ($100).

(Added by Stats. 2015, Ch. 395, Sec. 56. (AB 180) Effective January 1, 2016.)

7730.8.
  

(a) The fee for a cemetery manager examination and reexamination may not exceed nine hundred dollars ($900).

(b) The license fee to obtain a cemetery manager license may not exceed one hundred dollars ($100).

(c) The renewal fee for a cemetery manager license may not exceed one hundred dollars ($100).

(Added by Stats. 2015, Ch. 395, Sec. 57. (AB 180) Effective January 1, 2016.)

7730.9.
  

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.)

7730.10.
  

(a) Every cemetery authority operating a cemetery shall pay an annual regulatory charge for each cemetery to be fixed by the bureau at not more than four hundred dollars ($400). In addition to an annual regulatory charge for each cemetery, an additional quarterly charge to be fixed by the bureau at not more than eight dollars and fifty cents ($8.50) for each burial, entombment, or inurnment made during the preceding quarter shall be paid to the bureau and these charges shall be deposited in the Cemetery and Funeral Fund. If the cemetery authority performs a burial, entombment, or inurnment, and the cremation was performed at a crematory located on the grounds of the cemetery and under common ownership with the cemetery authority, the total of all additional charges shall be not more than eight dollars and fifty cents ($8.50).

(b) This section shall become operative on July 1, 2016.

(Repealed (in Sec. 59) and added by Stats. 2015, Ch. 395, Sec. 60. (AB 180) Effective January 1, 2016. Section operative July 1, 2016, by its own provisions.)

7730.11.
  

(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 additional charge to be fixed by the bureau of not more than eight dollars and fifty cents ($8.50) per hydrolysis made during the preceding quarter, which charges shall be deposited into the Cemetery and Funeral Fund.

(c) This section shall become operative on July 1, 2020.

(Added by Stats. 2017, Ch. 846, Sec. 26. (AB 967) Effective January 1, 2018. Section operative July 1, 2020, by its own provisions.)

7731.
  

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.)

7731.1.
  

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. (AB 180) Effective January 1, 2016.)

7731.2.
  

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.)

7731.3.
  

(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 order of the Controller, shall be deposited in the Cemetery and Funeral Fund in the State Treasury, which fund is hereby created.

(b) This section shall become operative on July 1, 2016.

(Repealed (in Sec. 64) and added by Stats. 2015, Ch. 395, Sec. 65. (AB 180) Effective January 1, 2016. Section operative July 1, 2016, by its own provisions.)

7731.4.
  

(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 July 1, 2016.

(Repealed (in Sec. 66) and added by Stats. 2015, Ch. 395, Sec. 67. (AB 180) Effective January 1, 2016. Section operative July 1, 2016, by its own provisions.)

BPCBusiness and Professions Code - BPC8.