Health & Saf. Code, § 8738 · Article 2. Care of Active Cemeteries
Health & Saf. Code, § 8738
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(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 10 percent of net price or two hundred fifty dollars ($250), whichever is greater, with a required deposit not to exceed ten thousand dollars ($10,000), for each grave.
(2) Either 10 percent of net price or one hundred fifty dollars ($150), whichever is greater, with a required deposit not to exceed ten thousand dollars ($10,000), for each niche.
(3) Either 10 percent of net price or two hundred fifty dollars ($250), whichever is greater, with a required deposit not to exceed ten thousand dollars ($10,000), for each crypt.
(4) Either 10 percent of net price or one hundred fifty dollars ($150), 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, 2024.
Notes and commentary — not statutory text
History
Repealed (in Sec. 6) and added by Stats. 2021, Ch. 442, Sec. 7. (AB 651) Effective January 1, 2022. Operative January 1, 2024, by its own provisions.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=HSC§ionNum=8738.
- Text hash
- sha256 3e380bb977979f33d12fb29c2c2c6c0b8ba0c1172dba938a8eec93e96e82f581
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
Cited by 6 provisions
Provisions in this library whose text cites Health & Saf. Code, § 8738. Each shows the citation as that text prints it.
Health and Safety Code
- Health & Saf. Code, § 8738.1Printed as Section 8738
- Health & Saf. Code, § 8740Printed as Section 8738
- Health & Saf. Code, § 9055Printed as Sections 8738 and 8738.1
- Health & Saf. Code, § 9063.3Printed as Sections 8738, 9065, and 9068
- Health & Saf. Code, § 9063.9Printed as Sections 8738 and 9065
- Health & Saf. Code, § 9065Printed as Section 8738
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.