Article 1 Administration
Article 1.5 Definitions and Regulation of Cemeteries
Article 2 Funeral Establishments and Directors
Article 2.5 Cemetery Brokerage Regulations
Article 2.7 Hydrolysis Facilities
Article 3 Embalmers
Article 3.5 Licenses and Certificates of Authority
Article 4 Apprentices
Article 4.5 Cremated Remains Disposer
Article 5 Licenses
Article 5.5 Funeral Practices
Article 6 Disciplinary Proceedings
Article 6.5 Crematories
Article 7 Penal Provisions
Article 8 Revenue
Article 9 Preneed Funeral Arrangements

Terms Used In California Codes > Business and Professions Code > Division 3 > Chapter 12 - Cemetery and Funeral Act

  • Action: means an action for partition under this title. See California Code of Civil Procedure 872.010
  • Affected county: means a county in which any land of the district or agency is situated. See California Elections Code 10500
  • agency: means any district or agency of the type designated by and formed pursuant to the provisions of any principal act that incorporates this part. See California Elections Code 10500
  • Aggrieved party: means a party entitled to pursue a remedy. See California Commercial Code 1201
  • agreement: means the total legal obligation that results from the parties' agreement as determined by this code and as supplemented by any other applicable laws. See California Commercial Code 1201
  • Applicant or contracting agency: means a school district, community college district, college or university, county superintendent of schools, county, city, public agency, private nontax-exempt agency, private tax-exempt agency, or other entity that is authorized to establish, maintain, or operate services pursuant to this chapter. See California Education Code 8205
  • Assisted reproduction: means conception by any means other than sexual intercourse. See California Family Code 7606
  • Assisted reproduction agreement: means a written contract that includes a person who intends to be the legal parent of a child or children born through assisted reproduction and that defines the terms of the relationship between the parties to the contract. See California Family Code 7606
  • Attendance: means the number of children present at a preschool facility. See California Education Code 8205
  • ballot: means any of the following:

    California Elections Code 301

  • Bank: means a person engaged in the business of banking, and includes a savings bank, savings and loan association, credit union, and trust company. See California Commercial Code 1201
  • board: means any entity listed in Section 101, the entities referred to in Sections 1000 and 3600, the State Bar, the Department of Real Estate, and any other state agency that issues a license, certificate, or registration authorizing a person to engage in a business or profession. See California Business and Professions Code 31
  • Branch: includes a separately incorporated foreign branch of a bank. See California Commercial Code 1201
  • Bureau: means the Cemetery and Funeral Bureau. See California Business and Professions Code 7601
  • California state preschool program: means those programs that offer part-day or full-day, or both, educational programs for eligible three- and four-year-old children. See California Education Code 8205
  • candidate: includes any officeholder who is subject to a recall election. See California Elections Code 305
  • City: includes city and county. See California Business and Professions Code 18
  • Clerk: means the county elections official, registrar of voters, city clerk, or other officer or board charged with the duty of conducting any election. See California Elections Code 307
  • Consumer lease: means a lease that a lessor regularly engaged in the business of leasing or selling makes to a lessee who is an individual and who takes under the lease primarily for a personal, family, or household purpose. See California Commercial Code 10103
  • contract: means the bargain of the parties in fact, as found in their language or inferred from other circumstances, including course of performance, course of dealing, or usage of trade as provided in Section 1303. See California Commercial Code 1201
  • Cost: includes , but is not limited to, expenditures that are related to the operation of preschool programs. See California Education Code 8205
  • County: includes city and county. See California Business and Professions Code 17
  • County: includes city and county. See California Family Code 67
  • County: includes city and county. See California Food and Agricultural Code 29
  • Creditor: includes a general creditor, a secured creditor, a lien creditor, and any representative of creditors, including an assignee for the benefit of creditors, a trustee in bankruptcy, a receiver in equity, and an executor or administrator of an insolvent debtor's or assignor's estate. See California Commercial Code 1201
  • Department: means the Department of Food and Agriculture. See California Food and Agricultural Code 32
  • Director: means a member of the governing body. See California Elections Code 10500
  • Director: means the Director of Consumer Affairs. See California Business and Professions Code 7601
  • Dual language learner children: means children whose first language is a language other than English or children who are developing two or more languages, one of which may be English. See California Education Code 8205
  • Early childhood programs: means those programs that offer a full range of services for children from infancy to 13 years of age, for any part of a day, by a public, private, or proprietary agency, in centers and family childcare homes. See California Education Code 8205
  • Election: means any election including a primary that is provided for under this code. See California Elections Code 318
  • Elections official: means any of the following:

    California Elections Code 320

  • Elective office: means any office that may, under the principal act of the district or agency, be filled by way of an election. See California Elections Code 10500
  • Elective officer: means "elective officer" as defined by the principal act of each district or agency or if not defined, any officer of a district or agency holding an office that can be filled by election. See California Elections Code 10500
  • Elector: means a person who is a United States citizen 18 years of age or older and, except as specified in subdivision (b), is a resident of an election precinct in this state on or before the day of an election. See California Elections Code 321
  • Employee benefit plan: includes public and private retirement, pension, annuity, savings, profit sharing, stock bonus, stock option, thrift, vacation pay, and similar plans of deferred or fringe benefit compensation, whether of the defined contribution or defined benefit type whether or not such plan is qualified under the Employee Retirement Income Security Act of 1974 (P. See California Family Code 80
  • Family childcare home education network: means an entity organized under law that contracts with the department to make payments to licensed family childcare home providers and to provide educational and support services to those providers and to children and families eligible for California state preschool program services. See California Education Code 8205
  • Fault: means a default, breach, or wrongful act or omission. See California Commercial Code 1201
  • Fault: means wrongful act, omission, breach, or default. See California Commercial Code 10103
  • Finance lease: means a lease with respect to which (A) the lessor does not select, manufacture, or supply the goods, (B) the lessor acquires the goods or the right to possession and use of the goods in connection with the lease, and (C) one of the following occurs:

    California Commercial Code 10103

  • Four-year-old children: means children who will have their fourth birthday on or before December 1 of the fiscal year in which they are enrolled in a California state preschool program, or a child whose fifth birthday occurs after September 1 of the fiscal year in which they are enrolled in a California state preschool and whose parent or guardian has opted to retain or enroll them in a California state preschool program. See California Education Code 8205
  • Funded enrollment: means the number of subsidized children funded to be enrolled, based on the maximum reimbursable amount, contract rate, inclusive of any adjustment factors, and approved program calendar, by a California state preschool program contractor. See California Education Code 8205
  • General district election: means an election held pursuant to the provisions of this part. See California Elections Code 10500
  • General election: means either of the following:

    California Elections Code 324

  • Goods: means all things that are movable at the time of identification to the lease contract, or are fixtures (Section 10309), but the term does not include money, documents, instruments, accounts, chattel paper, general intangibles, or minerals or the like, including oil and gas, before extraction. See California Commercial Code 10103
  • Governing body: means the board of directors of a district or agency or the board or body which governs the activities of the district or agency. See California Elections Code 10500
  • Health services: include , but are not limited to, all of the following:

    California Education Code 8205

  • Holder: means :

    California Commercial Code 1201

  • Inspector: means the supervisor of the precinct board of which he or she is a member. See California Elections Code 325
  • Installment lease contract: means a lease contract that authorizes or requires the delivery of goods in separate lots to be separately accepted, even though the lease contract contains a clause "each delivery is a separate lease" or its equivalent. See California Commercial Code 10103
  • Intergenerational staff: means persons of various generations. See California Education Code 8205
  • Landowner voting district: means a district whose principal act requires an elector to be an owner of land located within the district. See California Elections Code 10500
  • Lease: means a transfer of the right to possession and use of goods for a term in return for consideration, but a sale, including a sale on approval or a sale or return, or retention or creation of a security interest is not a lease. See California Commercial Code 10103
  • Lease agreement: means the bargain, with respect to the lease, of the lessor and the lessee in fact as found in their language or by implication from other circumstances including course of dealing or usage of trade or course of performance as provided in this division. See California Commercial Code 10103
  • Lease contract: means the total legal obligation that results from the lease agreement as affected by this division and any other applicable rules of law. See California Commercial Code 10103
  • Leasehold interest: means the interest of the lessor or the lessee under a lease contract. See California Commercial Code 10103
  • Lessee: means a person who acquires the right to possession and use of goods under a lease. See California Commercial Code 10103
  • Lessor: means a person who transfers the right to possession and use of goods under a lease. See California Commercial Code 10103
  • license: means license, certificate, registration, or other means to engage in a business or profession regulated by this code or referred to in Section 1000 or 3600. See California Business and Professions Code 23.7
  • Licensee: means any person authorized by a license, certificate, registration, or other means to engage in a business or profession regulated by this code or referred to in Sections 1000 and 3600. See California Business and Professions Code 23.8
  • Lien: means a charge against or interest in goods to secure payment of a debt or performance of an obligation, but the term does not include a security interest. See California Commercial Code 10103
  • Lien: means a mortgage, deed of trust, or other security interest in property whether arising from contract, statute, common law, or equity. See California Code of Civil Procedure 872.010
  • Local educational agency: means a school district, a county office of education, a community college district, or a school district acting on behalf of one or more schools within the school district. See California Education Code 8205
  • Local election: is a municipal, county, or district election. See California Elections Code 328
  • Measure: means any constitutional amendment or other proposition submitted to a popular vote at any election. See California Elections Code 329
  • Money: means a medium of exchange currently authorized or adopted by a domestic or foreign government. See California Commercial Code 1201
  • Municipal election: means elections in general law cities and where applicable in chartered cities. See California Elections Code 330
  • Nomination documents: means declaration of candidacy and nomination papers. See California Elections Code 333
  • Oath: includes affirmation. See California Business and Professions Code 20
  • Oath: includes affirmation. See California Elections Code 335
  • order: include a decree, as appropriate under the circumstances. See California Family Code 100
  • Parent: means a biological parent, stepparent, adoptive parent, foster parent, caretaker relative, or any other adult living with a child who has responsibility for the care and welfare of the child. See California Education Code 8205
  • Parent and child relationship: as used in this part means the legal relationship existing between a child and the child's natural or adoptive parents incident to which the law confers or imposes rights, privileges, duties, and obligations. See California Family Code 7601
  • Party: means a political party or organization that has qualified for participation in any primary or presidential general election. See California Elections Code 338
  • Person: includes a corporation as well as a natural person. See California Code of Civil Procedure 17
  • Person: includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity. See California Family Code 105
  • Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity. See California Commercial Code 1201
  • Personal property: includes money, goods, chattels, things in action, and evidences of debt. See California Code of Civil Procedure 17
  • Petitioner: includes plaintiff, where appropriate. See California Family Code 126
  • Polling place: means a location where a voter casts a ballot and includes the following terms, as applicable: poll, polling location, and vote center. See California Elections Code 338.5
  • Precinct: means a geographical area within a county that is made up of voters and is formed pursuant to Chapter 3 (commencing with Section 12200) of Division 12. See California Elections Code 338.6
  • precinct board: means the board appointed by the elections official to serve at a vote center. See California Elections Code 339
  • Premarital agreement: means an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage. See California Family Code 1610
  • Preschool facility: means a residence or building or part thereof in which preschool services are provided. See California Education Code 8205
  • Principal act: means the law providing for the creation of a particular district or agency or type of district or agency. See California Elections Code 10500
  • Proceeding: includes an action. See California Family Code 110
  • Process: signifies a writ or summons issued in the course of a judicial proceeding. See California Code of Civil Procedure 17
  • Program director: means a person who, pursuant to Section 8298, is qualified to serve as a program director. See California Education Code 8205
  • Property: includes real and personal property. See California Code of Civil Procedure 872.010
  • Property: includes real and personal property and any interest therein. See California Family Code 113
  • Property: means an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings. See California Family Code 1610
  • Proprietary agency: means an organization or facility providing preschool, which is operated for profit. See California Education Code 8205
  • Purchase: includes taking by sale, lease, mortgage, security interest, pledge, gift, or any other voluntary transaction creating an interest in goods. See California Commercial Code 10103
  • Qualified court investigator: as used in this article , has the meaning provided by Section 8543. See California Family Code 7852
  • Quasi-community property: means all real or personal property, wherever situated, acquired before or after the operative date of this code in any of the following ways:

    California Family Code 125

  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See California Commercial Code 1201
  • Regular election: is a n election, the specific time for the holding of which is prescribed by law. See California Elections Code 348
  • Remainder: includes reversion, reversionary interest, right of entry, and executory interest. See California Code of Civil Procedure 872.010
  • Remedy: means any remedial right to which an aggrieved party is entitled with or without resort to a tribunal. See California Commercial Code 1201
  • Resident voting district: means any district other than a landowner voting district. See California Elections Code 10500
  • Respondent: includes defendant, where appropriate. See California Family Code 127
  • Right: includes remedy. See California Commercial Code 1201
  • Roster: means the official list of voters for an election, which may be in paper or electronic form. See California Elections Code 349.5
  • School measure: means any proposition, including but not limited to, a proposal for the issuance of bonds by a school district or community college district, an increase in the maximum tax rate of a school district or community college district, or the acceptance, expenditure, and repayment of state funds by a school district or community college district to enable the district to construct buildings and other facilities, submitted to the voters of the district at any election held in the district. See California Elections Code 350
  • Secretary: means the secretary of the governing body or a person designated by him or her to perform a duty of the secretary. See California Elections Code 10500
  • Security interest: includes any interest of a consignor and a buyer of accounts, chattel paper, a payment intangible, or a promissory note in a transaction that is subject to Division 9 (commencing with Section 9101). See California Commercial Code 1201
  • Sell: includes offer for sale, expose for sale, possess for sale, exchange, barter, or trade. See California Food and Agricultural Code 44
  • Signature: includes either of the following:

    California Elections Code 354.5

  • Signed: includes using any symbol executed or adopted with present intention to adopt or accept a writing. See California Commercial Code 1201
  • Site supervisor: means a person who, regardless of their title, has operational program responsibility for an early childhood program at a single site. See California Education Code 8205
  • Special election: is a n election, the specific time for the holding of which is not prescribed by law. See California Elections Code 356
  • Spousal support: means support of the spouse of the obligor. See California Family Code 142
  • spouse: includes a registered domestic partner, as required by §. See California Civil Code 14
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Family Code 143
  • Standard reimbursement rate: means the reimbursement rate applicable to California state preschool programs pursuant to Section 8242. See California Education Code 8205
  • Startup costs: means those expenses an agency incurs in the process of opening a new or additional facility before the full enrollment of children. See California Education Code 8205
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See California Commercial Code 1201
  • State: means the State of California, unless applied to the different parts of the United States. See California Business and Professions Code 21
  • State: includes the District of Columbia and the territories when applied to the different parts of the United States, and the words "United States" may include the district and territories. See California Code of Civil Procedure 17
  • State: means a state of the United States, the District of Columbia, or a commonwealth, territory, or insular possession subject to the jurisdiction of the United States. See California Family Code 145
  • Statewide election: is a n election held throughout the state. See California Elections Code 357
  • Subdivision: means a subdivision of the section in which that term occurs, unless some other section is expressly mentioned. See California Business and Professions Code 15
  • Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Food and Agricultural Code 49
  • Sublease: means a lease of goods the right to possession and use of which was acquired by the lessor as a lessee under an existing lease. See California Commercial Code 10103
  • Supervising authority: means the board of supervisors of the county in which is situated all or most of the land of a district. See California Elections Code 10500
  • Supplier: means a person from whom a lessor buys or leases goods to be leased under a finance lease. See California Commercial Code 10103
  • Support: refers to a support obligation owing on behalf of a child, spouse, or family, or an amount owing pursuant to Section 17402. See California Family Code 150
  • Support services: means those services that, when combined with preschool services, help promote the healthy physical, mental, social, and emotional growth of children. See California Education Code 8205
  • tax rate: as used in this chapter means tax rate per one hundred dollars ($100) of assessed valuation on all property to be taxed to fund a bond issue described in Section 9400. See California Elections Code 9401
  • Teacher: means a person with the appropriate permit issued by the Commission on Teacher Credentialing who provides program supervision and instruction that includes supervision of a number of aides, volunteers, and groups of children. See California Education Code 8205
  • Term: means a portion of an agreement that relates to a particular matter. See California Commercial Code 1201
  • Testify: includes any mode of oral statement made under oath or affirmation. See California Code of Civil Procedure 17
  • third party: means a person that has engaged in a transaction or made an agreement subject to this code. See California Commercial Code 1201
  • Three-year-old children: means children who will have their third birthday on or before December 1 of the fiscal year in which they are enrolled in a California state preschool program. See California Education Code 8205
  • Title report: includes a preliminary report, guarantee, binder, or policy of title insurance. See California Code of Civil Procedure 872.010
  • Voter: means a voter or elector as respectively defined in the principal act of each district or agency. See California Elections Code 10500
  • Voter: means any elector who is registered under this code. See California Elections Code 359
  • Voter list: means the list of registered voters in a single or consolidated precinct or in an entire county. See California Elections Code 359.2
  • Will: includes codicil. See California Code of Civil Procedure 17
  • Writing: includes printing, typewriting, or any other intentional reduction to tangible form. See California Commercial Code 1201