reglab/statecodes huggingface dataset:
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 2 - DISINTERMENT AND REMOVAL › CHAPTER 4 - Removal of All Remains: Cities and Cities and Counties Over 100,000 › ARTICLE 5 - Removals by Relatives or Friends › Section 7805.

7805. If such appurtenances remain on the plot for more than ninety days after the removal of the last human remains, they may be removed and disposed of by the cemetery authority, and thereafter no person claiming any interest in the plot, or any such appurtenance shall maintain in any court any action in relation to any such appurtenance.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 2 - DISINTERMENT AND REMOVAL › CHAPTER 4 - Removal of All Remains: Cities and Cities and Counties Over 100,000 › ARTICLE 6 - Removal by Cemetery Authority › Section 7850.

7850. After the completion of notice, and after the expiration of the period of ten months specified in the notice, any cemetery authority may cause the removal of all human remains interred in the cemetery or portion from which the remains have been ordered removed, and may reinter such remains in other cemeteries in this State where interments are permitted, without further notice to any person claiming any interest in the cemetery, or portion affected, or in the remains interred therein.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 2 - DISINTERMENT AND REMOVAL › CHAPTER 4 - Removal of All Remains: Cities and Cities and Counties Over 100,000 › ARTICLE 6 - Removal by Cemetery Authority › Section 7851.

7851. Whenever any remains are removed from any cemetery or portion of a cemetery pursuant to this chapter by a cemetery authority, they shall be transported to and reinterred in a cemetery in an adjoining county where interments by the cemetery authority are permitted.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 2 - DISINTERMENT AND REMOVAL › CHAPTER 4 - Removal of All Remains: Cities and Cities and Counties Over 100,000 › ARTICLE 6 - Removal by Cemetery Authority › Section 7852.

7852. The remains of each person reinterred shall be placed in a separate and suitable receptacle and decently and respectfully interred under rules and regulations adopted by the cemetery authority making the removal.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 2 - DISINTERMENT AND REMOVAL › CHAPTER 4 - Removal of All Remains: Cities and Cities and Counties Over 100,000 › ARTICLE 7 - Disposal of Lands › Section 7900.

7900. Whenever human remains have been ordered removed under this chapter, and the cemetery authority has made and published notice of intention to remove such remains, the portions of the cemetery in which no interments have been made, and those portions from which all human remains have been removed, may be sold, mortgaged, or otherwise encumbered as security for any loan or loans made to the cemetery authority.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 2 - DISINTERMENT AND REMOVAL › CHAPTER 4 - Removal of All Remains: Cities and Cities and Counties Over 100,000 › ARTICLE 7 - Disposal of Lands › Section 7901.

7901. No order of any court shall be required prior to the making of any such sale, mortgage, or other encumbrance of such lands; but any sale of such cemetery lands made by any cemetery corporation or association controlled by a governing body shall be fairly conducted and the price paid shall be fair and reasonable and all such sales shall be confirmed, as to the fairness and reasonableness of the price paid, by the superior court of the county in which the lands are situated.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 2 - DISINTERMENT AND REMOVAL › CHAPTER 4 - Removal of All Remains: Cities and Cities and Counties Over 100,000 › ARTICLE 7 - Disposal of Lands › Section 7902.

7902. Petitions for confirmation of sales shall be made to the superior court of the county or city and county in which the lands are situated, and the clerk of the court shall fix a day for and give notice of hearing in accordance with the provisions of Section 1230 of the Probate Code.
(Amended by Stats. 1988, Ch. 113, Sec. 11. Effective May 25, 1988. Section operative July 1, 1988, by its own provisions.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 2 - DISINTERMENT AND REMOVAL › CHAPTER 4 - Removal of All Remains: Cities and Cities and Counties Over 100,000 › ARTICLE 7 - Disposal of Lands › Section 7903.

7903. If prior to the adoption of an ordinance pursuant to this chapter any cemetery authority has in good faith entered into any agreement to sell or has granted any option to buy all or any portion of its cemetery lands for a price reasonable at the time the agreement to sell was made, or the option granted, the superior court shall confirm the sale at the price stipulated in the agreement to sell or the option to buy.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 2 - DISINTERMENT AND REMOVAL › CHAPTER 4 - Removal of All Remains: Cities and Cities and Counties Over 100,000 › ARTICLE 7 - Disposal of Lands › Section 7904.

7904. After the removal of all human remains interred in any part or the whole of the cemetery lands, the cemetery authority may file for record in the office of the county recorder of the county or city and county in which the lands are situated a written declaration reciting that all human remains have been removed from the lands described in the declaration.
The declaration shall be acknowledged in the manner of the acknowledgment of deeds to real property by the president and secretary, or other corresponding officers of the cemetery authority, or by the person owning or controlling the cemetery lands, and thereafter any deed, mortgage, or other conveyance of any part of such lands is conclusive evidence in favor of any grantee or mortgagee named in it, and his successor or assigns, of the fact of the complete removal of all human remains therefrom.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 2 - DISINTERMENT AND REMOVAL › CHAPTER 4 - Removal of All Remains: Cities and Cities and Counties Over 100,000 › ARTICLE 7 - Disposal of Lands › Section 7905.

7905. With the approval of the governing body of the city or city and county in which the cemetery lands are situated, sufficient lands may be reserved from any cemetery lands from which the human remains have been removed to erect a mausoleum or columbarium for the reinterment of disinterred remains, to provide sufficient grounds around it, and to preserve such historical vaults or monuments as the cemetery authority may determine to be proper or necessary.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 2 - DISINTERMENT AND REMOVAL › CHAPTER 4 - Removal of All Remains: Cities and Cities and Counties Over 100,000 › ARTICLE 7 - Disposal of Lands › Section 7906.

7906. After all remains have been removed from a cemetery in accordance with Chapters 3 and 4, Part 2, Division VII of this code, the dedication may be removed from all or any part of such cemetery lands by an order and decree of the superior court of the county in which the property is situated, in a proceeding brought for that purpose and upon notice of hearing and proof satisfactory to the court:
(a)  That all bodies have been removed, or that no interments were made; and
(b)  That the property is no longer used or required for interment purposes.
(Added by Stats. 1939, Ch. 1032.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 2 - DISINTERMENT AND REMOVAL › CHAPTER 4 - Removal of All Remains: Cities and Cities and Counties Over 100,000 › ARTICLE 8 - Use of Funds › Section 7925.

7925. Money payable or to become payable as the purchase price or on account of the purchase price of unused lands, or lands from which all remains have been removed is not subject to enforcement of a money judgment, but shall be used exclusively for any or all of the following purposes:
(a)  Acquisition of lands and improvements for cemetery purposes.
(b)  Disinterment, removal, and reinterment of bodies, pursuant to this chapter.
(c)  Endowment care of graves, markers, and cemetery embellishments.
(d)  The payment of expenses incidental to the disinterment, removal, and reinterment.
(e)  Any other purpose consistent with the objects for which the cemetery authority owning the cemetery is created or organized.
(Amended by Stats. 1982, Ch. 497, Sec. 122. Operative July 1, 1983, by Sec. 185 of Ch. 497.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 2 - DISINTERMENT AND REMOVAL › CHAPTER 4 - Removal of All Remains: Cities and Cities and Counties Over 100,000 › ARTICLE 8 - Use of Funds › Section 7926.

7926. Whenever any cemetery corporation or association has declared for removal and has published notice of its intention to make removals under this chapter, it may employ any money in its treasury to defray the expense of removal, including:
(a)  The expense of purchasing or otherwise providing a suitable place for the interment of remains in any other cemetery.
(b)  The expenses of disinterment, transportation and reinterment.
(c)  The expenses of removal and disposal of vaults, monuments, headstones, copings, or other improvements.
(d)  All necessary expenses incident to the sale or mortgaging of any land from which removals have been made.
(e)  All other expenses necessarily incurred in carrying out the removal, and reinterment, or disposing of remains so removed.
(f)  All expenses incident to any of the above purposes.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 2 - DISINTERMENT AND REMOVAL › CHAPTER 4 - Removal of All Remains: Cities and Cities and Counties Over 100,000 › ARTICLE 8 - Use of Funds › Section 7927.

7927. From the money remaining in the treasury of the cemetery corporation or association after completing the removal and reinterment of the remains from its cemetery lands and the payment of all incidental expenses, the cemetery corporation or association shall set aside an adequate endowment care fund for the maintenance and care of the cemetery in which the remains have been interred.
(Amended by Stats. 1951, Ch. 176.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 2 - DISINTERMENT AND REMOVAL › CHAPTER 4 - Removal of All Remains: Cities and Cities and Counties Over 100,000 › ARTICLE 8 - Use of Funds › Section 7928.

7928. After making provisions for an endowment care fund to provide for maintenance and care, the governing body of the cemetery corporation or association may use such portion of the funds then remaining as it may determine to be just and fair in reimbursing those who voluntarily and at their own cost and expense removed the remains of friends or relatives from the cemetery lands from which the remains were ordered removed. Such reimbursement shall not be greater in amount than the average cost to the cemetery corporation or association for removals directly made by it.
(Amended by Stats. 1951, Ch. 176.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 2 - DISINTERMENT AND REMOVAL › CHAPTER 4 - Removal of All Remains: Cities and Cities and Counties Over 100,000 › ARTICLE 8 - Use of Funds › Section 7929.

7929. Any balance remaining in the fund may be used for such other purposes as the cemetery corporation or association may lawfully declare.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 2 - DISINTERMENT AND REMOVAL › CHAPTER 4 - Removal of All Remains: Cities and Cities and Counties Over 100,000 › ARTICLE 8 - Use of Funds › Section 7930.

7930. Whenever any cemetery corporation or association having a governing body has caused the removal of remains from all or any portion of its cemetery and has funds in its treasury which are not required for other purposes, it may set aside, invest, use, and apply from such unexpended funds such sum as, in the judgment of the governing body, it is necessary or expedient to provide for the perpetual or other care or improvement of any cemetery in which the disinterred remains may be reinterred.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 2 - DISINTERMENT AND REMOVAL › CHAPTER 4 - Removal of All Remains: Cities and Cities and Counties Over 100,000 › ARTICLE 8 - Use of Funds › Section 7931.

7931. In lieu of itself investing, using or applying the funds for care or improvement, the cemetery corporation or association may transfer the funds to any other corporation under such conditions and regulations as in the judgment of the governing body will insure their application to the purposes of care or improvement.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 2 - DISINTERMENT AND REMOVAL › CHAPTER 4 - Removal of All Remains: Cities and Cities and Counties Over 100,000 › ARTICLE 8 - Use of Funds › Section 7932.

7932. Before any such transfer of funds is made, the cemetery corporation or association shall obtain an order authorizing the transfer from the superior court of the county where the cemetery or portion from which the remains were removed is situated.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 2 - DISINTERMENT AND REMOVAL › CHAPTER 4 - Removal of All Remains: Cities and Cities and Counties Over 100,000 › ARTICLE 8 - Use of Funds › Section 7933.

7933. The order shall be obtained upon petition of the cemetery corporation or association, after such notice by publication as the court may direct, and any member or former plot owner may support or oppose the granting of the order by affidavit or otherwise. Before making the order, proof shall be made to the satisfaction of the court that notice has been given and that it is for the best interests of the cemetery corporation or association that the transfer be made.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 2 - DISINTERMENT AND REMOVAL › CHAPTER 4 - Removal of All Remains: Cities and Cities and Counties Over 100,000 › ARTICLE 9 - New Land, Mausoleum or Columbarium › Section 7950.

7950. Whenever any cemetery authority owning or controlling cemetery lands from which remains are to be removed has acquired the possession or use of any cemetery for the purpose of providing a place for the reinterment of human remains removed under this chapter, new lands may be surveyed and subdivided into plots, avenues, and walks for cemetery purposes; and any mausoleum and columbarium may be divided into crypts or niches.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 2 - DISINTERMENT AND REMOVAL › CHAPTER 4 - Removal of All Remains: Cities and Cities and Counties Over 100,000 › ARTICLE 9 - New Land, Mausoleum or Columbarium › Section 7951.

7951. Plots, crypts, or niches may be sold to persons desiring to make reinterments.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 2 - DISINTERMENT AND REMOVAL › CHAPTER 4 - Removal of All Remains: Cities and Cities and Counties Over 100,000 › ARTICLE 9 - New Land, Mausoleum or Columbarium › Section 7952.

7952. The governing body of any cemetery corporation or association may receive and accept as part or full consideration for the purchase price of new plots full or partial releases of rights in or to the whole or any part of the assets of the corporation or association other than the plot conveyed to the purchaser. Any retransfer to the cemetery corporation or association of any plot in the cemetery from which the removal of the human remains is to be made operates as such release.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 2 - DISINTERMENT AND REMOVAL › CHAPTER 4 - Removal of All Remains: Cities and Cities and Counties Over 100,000 › ARTICLE 9 - New Land, Mausoleum or Columbarium › Section 7953.

7953. After the removal and reinterment of remains disinterred from any cemetery the cemetery authority shall cause to be erected upon or imbedded in any plot in which any remains are reinterred a suitable permanent marker identifying the remains.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 2 - DISINTERMENT AND REMOVAL › CHAPTER 4 - Removal of All Remains: Cities and Cities and Counties Over 100,000 › ARTICLE 9 - New Land, Mausoleum or Columbarium › Section 7954.

7954. The cemetery authority shall prepare a complete map or plat describing and showing the location and subdivision into plots of the cemetery lands where remains are reinterred, or a plan of any mausoleum or columbarium in which such remains are interred; and there shall be attached to each plan a description of the name, where known, of each person whose remains are reinterred, and the plot in the cemetery, or the niche or compartment in the mausoleum or columbarium where such remains are reinterred.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 2 - DISINTERMENT AND REMOVAL › CHAPTER 4 - Removal of All Remains: Cities and Cities and Counties Over 100,000 › ARTICLE 9 - New Land, Mausoleum or Columbarium › Section 7955.

7955. The map or plan shall be kept on file in the office of the cemetery authority and shall at all times be open to inspection by the relatives or friends of deceased persons whose remains are reinterred therein.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 2 - DISINTERMENT AND REMOVAL › CHAPTER 4 - Removal of All Remains: Cities and Cities and Counties Over 100,000 › ARTICLE 10 - Taxation › Section 7975.

7975. When any law or ordinance requires that the remains interred in any cemetery be removed and reinterred elsewhere, no county, town or political subdivision in which the reinterment of disinterred remains takes place, shall charge for any permit or levy a tax of any nature for the reinterment.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 2 - DISINTERMENT AND REMOVAL › CHAPTER 4 - Removal of All Remains: Cities and Cities and Counties Over 100,000 › ARTICLE 11 - Religious Observances › Section 7980.

7980. The heirs, relatives or friends of any decedent whose remains have been interred in any cemetery owned, governed or controlled by any religious corporation or by any church or religious society of any denomination or by any corporation sole administering temporalities of any religious denomination, society or church, or owned, governed or controlled by any person or persons as trustee or trustees for any religious denomination, society or church shall not disinter, remove, reinter or dispose of any such remains except in accordance with the rules, regulations and discipline of such religious denomination, society or church.
The officers, representatives or agents of the church or religious society shall be the sole judge of the requirements of the rules, regulations and discipline of such religious denomination, society or church.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 2 - DISINTERMENT AND REMOVAL › CHAPTER 4 - Removal of All Remains: Cities and Cities and Counties Over 100,000 › ARTICLE 12 - Removal by Counties › Section 8000.

8000. If it appears to the board of supervisors of any county owning a county cemetery that:
(a)  It is necessary that the property be used for other purposes, and
(b)  The cemetery is located on a portion of the site of an existing county institution maintained for the relief of the indigent, sick and afflicted, and
(c)  Adequate facilities are otherwise provided for by the county for the burial of the indigent dead;
the board may, by following the procedure contained in this article, order the disinterment and removal of all humam remains interred in such cemetery.
(Amended by Stats. 1961, Ch. 303.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 2 - DISINTERMENT AND REMOVAL › CHAPTER 4 - Removal of All Remains: Cities and Cities and Counties Over 100,000 › ARTICLE 12 - Removal by Counties › Section 8001.

8001. Any resolution or declaration for abandonment adopted and made under the provisions of this article shall specify and declare that at any time after the expiration of 60 days after the first publication of the notice of declaration of intended abandonment and removal, the human remains then remaining in the cemetery will be removed by the county owning the cemetery. Notice of the declaration of intended abandonment of the cemetery and proposed removal of the human remains interred therein shall be given to all persons interested therein by publication in the newspaper of general circulation published in the county determined by the board of supervisors most likely to give notice to the parties concerned. Publication shall be made once a week for four consecutive times. The notice shall be entitled “Notice of Declaration of Abandonment of Lands for Cemetery Purposes and of Intention to Remove Human Bodies Interred Therein,” and shall specify a date not less than 60 days after the first publication of the notice when the county controlling the cemetery lands and causing the notice to be published will proceed to remove the human remains then remaining in such cemetery. Notice shall also be mailed to any known living heir-at-law of any person whose remains are interred in the cemetery when the address of the heir is known.
(Added by Stats. 1947, Ch. 586.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 2 - DISINTERMENT AND REMOVAL › CHAPTER 4 - Removal of All Remains: Cities and Cities and Counties Over 100,000 › ARTICLE 12 - Removal by Counties › Section 8002.

8002. At any time before the date fixed for the removal of the remains by the county owning or controlling such cemetery land, any relative or friend of any person whose remains are interred in the cemetery may voluntarily remove the remains and reinter the same as he may desire.
(Added by Stats. 1947, Ch. 586.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 2 - DISINTERMENT AND REMOVAL › CHAPTER 4 - Removal of All Remains: Cities and Cities and Counties Over 100,000 › ARTICLE 12 - Removal by Counties › Section 8003.

8003. After the publication and mailing of the notice mentioned in Section 8001 of this code and after the expiration of the 60 days specified in the notice, the county shall have the power to cause the removal of all human remains interred in the cemetery about to be abandoned and to cause the reinterment in other cemeteries of the county in which burials are permitted, without further notice to any persons claiming an interest in the remains therein interred.
(Added by Stats. 1947, Ch. 586.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 2 - DISINTERMENT AND REMOVAL › CHAPTER 4 - Removal of All Remains: Cities and Cities and Counties Over 100,000 › ARTICLE 12 - Removal by Counties › Section 8004.

8004. Whenever the remains of any person shall be removed from any abandoned cemetery by the county owning such abandoned cemetery, such remains shall be transported and reinterred in a separate and suitable receptacle. After the removal and reinterment of human bodies disinterred from an abandoned cemetery, the county owning or controlling the abandoned cemetery lands shall cause to be erected upon or imbedded in any lot or plot wherein such body is reinterred a suitable permanent marker identifying the remains with as much particularity as is available to such county and shall prepare a complete record of the name of each person, where known, and the lot or plot where the body is reinterred and such record shall be kept in the office of the board of supervisors of the county making such removals and reinterments and shall at all times be open to the relatives and friends of those so reinterred.
(Added by Stats. 1947, Ch. 586.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 2 - DISINTERMENT AND REMOVAL › CHAPTER 4 - Removal of All Remains: Cities and Cities and Counties Over 100,000 › ARTICLE 12 - Removal by Counties › Section 8005.

8005. After the removal of all human remains the property may be used, managed and controlled by the board of supervisors as other county property.
(Added by Stats. 1947, Ch. 586.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 2 - DISINTERMENT AND REMOVAL › CHAPTER 5 - California Native American Graves Protection and Repatriation › ARTICLE 1 - General Provisions › Section 8010.

8010. This chapter shall be known, and may be cited as the California Native American Graves Protection and Repatriation Act of 2001.
(Added by Stats. 2001, Ch. 818, Sec. 1. Effective January 1, 2002.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 2 - DISINTERMENT AND REMOVAL › CHAPTER 5 - California Native American Graves Protection and Repatriation › ARTICLE 1 - General Provisions › Section 8011.

8011. It is the intent of the Legislature to do all of the following:
(a)  Provide a seamless and consistent state policy to ensure that all California Indian human remains and cultural items be treated with dignity and respect.
(b)  Apply the state’s repatriation policy consistently with the federal Native American Graves Protection and Repatriation Act (25 U.S.C. Sec. 3001 et seq.), which was enacted in 1990, as subsequently amended, while considering the unique history of California towards California Indian tribes and the canon of construction regarding federal Indian law with respect to laws must be interpreted as the Indians would have understood them, be construed liberally in favor of the Indians, resolve all ambiguities in the law in favor of the Indians, and preserve tribal property rights and sovereignty unless a contrary intent is clearly stated.
(c)  Facilitate the implementation of the federal Native American Graves Protection and Repatriation Act with respect to publicly funded agencies and museums in California.
(d)  Encourage voluntary disclosure and return of Native American human remains and cultural items by a private institution or museum.
(e)  Provide a process whereby lineal descendants and culturally or geographically affiliated California Indian tribes that file repatriation claims for Native American human remains and cultural items under the Native American Graves Protection and Repatriation Act (25 U.S.C. Sec. 3001 et seq.) or under this chapter with California state agencies and museums may request assistance from the commission in ensuring that state agencies and museums are responding to those claims in a timely manner and in facilitating the resolution of disputes regarding those claims.
(f)  Provide a process whereby California Indian tribes that are not federally recognized may file claims with agencies and museums for repatriation of human remains and cultural items.
(Amended by Stats. 2020, Ch. 167, Sec. 3. (AB 275) Effective January 1, 2021.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 2 - DISINTERMENT AND REMOVAL › CHAPTER 5 - California Native American Graves Protection and Repatriation › ARTICLE 2 - State Cultural Affiliation and Repatriation › Section 8014.

8014. (a) A lineal descendent claiming a relationship with, and requesting return of, Native American human remains or cultural items listed in the inventory or summary of an agency or museum, or that requests the return of human remains or cultural items that are not listed in the inventory or summary of an agency or museum but that are believed to be in the possession or control of the agency or museum, shall do both of the following:
(1) File a claim for the human remains and cultural items with the commission and with the agency or museum believed to have possession or control.
(2) Demonstrate that the claimant can trace their ancestry directly and without interruption by means of the traditional kinship or village system of the appropriate California Indian tribe, or by the common law system of descendancy, to a known individual whose human remains or cultural items are being claimed.
(b) A California Indian tribe claiming a relationship, state cultural affiliation, or state aboriginal territory with, and requesting return of, human remains or cultural items listed in the inventory or summary of an agency or museum, or that requests the return of human remains or cultural items that are not listed in the inventory or summary of an agency or museum but that are believed to be in the possession or control of the agency or museum, shall do both of the following:
(1) File a claim for the human remains and cultural items with the commission and with the agency or museum believed to have possession or control.
(2) Demonstrate one or both of the following:
(A) There is a relationship of shared group identity that can reasonably be traced historically or precontact with an earlier identifiable group from which the human remains or cultural items originated and the claiming California Indian tribe. Evidence of state cultural affiliation need not be provided when reasonably established by a finding published in the Federal Register, in compliance with the federal Native American Graves Protection and Repatriation Act (25 U.S.C. Sec. 3001 et seq.).
(B) The human remains or cultural items were removed from the state aboriginal territory of the claiming California Indian tribe.
(Repealed and added by Stats. 2020, Ch. 167, Sec. 8. (AB 275) Effective January 1, 2021.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 2 - DISINTERMENT AND REMOVAL › CHAPTER 5 - California Native American Graves Protection and Repatriation › ARTICLE 2 - State Cultural Affiliation and Repatriation › Section 8015.

8015. (a) Upon receiving a written request for repatriation of an item on the inventory, the commission shall forward a copy of the request to the agency or museum in possession of the item, if the criteria specified in subdivision (a) of Section 8016 have been met. At this time, the commission shall also publish the request for repatriation on its internet website.
(b) This section does not prohibit a requesting lineal descendent or California Indian tribe, an agency, or a museum from coordinating directly with each other on repatriation. The commission shall receive, for their records, copies of all repatriation agreements and shall have the power to enforce these agreements.
(Amended by Stats. 2020, Ch. 167, Sec. 9. (AB 275) Effective January 1, 2021.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 2 - DISINTERMENT AND REMOVAL › CHAPTER 5 - California Native American Graves Protection and Repatriation › ARTICLE 2 - State Cultural Affiliation and Repatriation › Section 8017.

8017. If there is a committee or group of California Indian tribes authorized by their respective tribal governments to accept repatriation of human remains and cultural items originating from their state aboriginal territory or culturally affiliated with those tribal governments, the items may be repatriated to those groups.
(Amended by Stats. 2020, Ch. 167, Sec. 11. (AB 275) Effective January 1, 2021.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 2 - DISINTERMENT AND REMOVAL › CHAPTER 5 - California Native American Graves Protection and Repatriation › ARTICLE 2 - State Cultural Affiliation and Repatriation › Section 8018.

8018. An agency or museum that repatriates human remains and cultural items in good faith pursuant to this chapter is not liable for claims by an aggrieved party or for claims of breach of a fiduciary duty or the public trust or of violation of state law that are inconsistent with this chapter. No action shall be brought on behalf of the state or any other entity or person for damages or for injunctive relief for a claim of improper disposition of human remains or cultural items if the agency or museum has complied with the provisions of this chapter.
(Added by Stats. 2001, Ch. 818, Sec. 1. Effective January 1, 2002.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 2 - DISINTERMENT AND REMOVAL › CHAPTER 5 - California Native American Graves Protection and Repatriation › ARTICLE 2 - State Cultural Affiliation and Repatriation › Section 8019.

8019. Nothing in this section shall be construed to prohibit the governing body of a California Indian tribe or group authorized by Section 8017 from expressly relinquishing control over any human remains or control or title to any cultural item.
(Added by Stats. 2001, Ch. 818, Sec. 1. Effective January 1, 2002.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 2 - DISINTERMENT AND REMOVAL › CHAPTER 5 - California Native American Graves Protection and Repatriation › ARTICLE 2 - State Cultural Affiliation and Repatriation › Section 8020.

8020. Notwithstanding any other provision of law, and upon the request of any party or an intervenor, the commission or designated mediator may close part of a mediation session to the public if the commission or designated mediator finds that information required at the mediation session may include identification of the specific location of a burial site, human remains and cultural items or that information necessary for a determination regarding repatriation may compromise or interfere with any religious practice or custom.
(Added by Stats. 2001, Ch. 818, Sec. 1. Effective January 1, 2002.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 2 - DISINTERMENT AND REMOVAL › CHAPTER 5 - California Native American Graves Protection and Repatriation › ARTICLE 2 - State Cultural Affiliation and Repatriation › Section 8021.

8021. The filing of an appeal by either party automatically stays an order of the commission or a designated mediator on repatriation of human remains and cultural items.
(Added by Stats. 2001, Ch. 818, Sec. 1. Effective January 1, 2002.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 2 - DISINTERMENT AND REMOVAL › CHAPTER 5 - California Native American Graves Protection and Repatriation › ARTICLE 3 - Conditions on the Use of State Funds for the Handling or Maintenance of Native American Human Remains and Cultural Items › Section 8024.

8024.  For purposes of this article, “consultation” has the same meaning as defined in Section 65352.4 of the Government Code.
(Added by Stats. 2020, Ch. 110, Sec. 44. (SB 820) Effective September 18, 2020.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 2 - DISINTERMENT AND REMOVAL › CHAPTER 5 - California Native American Graves Protection and Repatriation › ARTICLE 3 - Conditions on the Use of State Funds for the Handling or Maintenance of Native American Human Remains and Cultural Items › Section 8027.

8027. The Regents of the University of California may delegate responsibilities pursuant to this article to the President of the University of California or another person determined to be appropriate.
(Added by Stats. 2018, Ch. 823, Sec. 3. (AB 2836) Effective January 1, 2019.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 2 - DISINTERMENT AND REMOVAL › CHAPTER 5 - California Native American Graves Protection and Repatriation › ARTICLE 3 - Conditions on the Use of State Funds for the Handling or Maintenance of Native American Human Remains and Cultural Items › Section 8028.

8028. The California State Auditor, in accordance with Chapter 6.5 (commencing with Section 8543) of Division 1 of Title 2 of the Government Code, shall conduct an audit commencing in the year 2019 and in 2021, and again in 2024 and 2026 regarding the University of California’s compliance with the federal Native American Graves Protection Repatriation Act (25 U.S.C. Sec. 3001 et seq.) and this chapter. The State Auditor shall report its findings to the Legislature, the Native American Heritage Commission, and all other appropriate entities.
(Amended by Stats. 2023, Ch. 639, Sec. 2. (AB 226) Effective January 1, 2024.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 2 - DISINTERMENT AND REMOVAL › CHAPTER 5 - California Native American Graves Protection and Repatriation › ARTICLE 3 - Conditions on the Use of State Funds for the Handling or Maintenance of Native American Human Remains and Cultural Items › Section 8028.5.

8028.5. The provisions of this article are severable. If any provision of this article or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
(Added by Stats. 2018, Ch. 823, Sec. 3. (AB 2836) Effective January 1, 2019.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 2 - DISINTERMENT AND REMOVAL › CHAPTER 5 - California Native American Graves Protection and Repatriation › ARTICLE 3.5 - Handling, Maintenance, and Repatriation of Native American Human Remains and Cultural Items at the California State University › Section 8028.72.

8028.72. To ensure that each California State University campus has the funding necessary to comply with this chapter, the California State University shall do all of the following:
(a) Require each campus with Native American remains or cultural items to identify and estimate, on or before January 31, 2025, the funding and other resources it needs to complete repatriations under the act in an appropriate and timely manner.
(b) Compile the estimates described in subdivision (a) into a systemwide report, disaggregated by campus, and submit this report to the Native American Heritage Commission and the Legislature, pursuant to Section 9795 of the Government Code.
(c) Upon evaluation of the reasonableness of campus estimates under subdivision (a), identify and provide funding to campuses from existing systemwide or campus-based resources, or seek additional funding from the Legislature, to ensure that campuses have sufficient funding to support their activities under the act.
(Added by Stats. 2023, Ch. 649, Sec. 1. (AB 389) Effective January 1, 2024.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 2 - DISINTERMENT AND REMOVAL › CHAPTER 5 - California Native American Graves Protection and Repatriation › ARTICLE 4 - Penalties and Enforcement Procedures › Section 8029.

8029. (a)  Any agency or museum that fails to comply with the requirements of this chapter may be assessed a civil penalty by the commission, not to exceed twenty thousand dollars ($20,000) for each violation, pursuant to regulations adopted by the commission. A penalty assessed under this section shall be determined on the record after the opportunity for a hearing.
(b)  In assessing a penalty under this section, the commission shall consider the following factors, in addition to any other relevant factors, in determining the amount of the penalty:
(1)  The archaeological, historical, or commercial value of the item involved.
(2)  The cultural and spiritual significance of the item involved.
(3)  The damages suffered, both economic and noneconomic, by the aggrieved party.
(4)  The number of violations that have occurred.
(c)  If any agency or museum fails to pay a civil penalty pursuant to a final order issued by the commission and the time for judicial review has passed or the party subject to the civil penalty has appealed the penalty or after a final judgment has been rendered on appeal of the order, the Attorney General shall act on behalf of the commission to institute a civil action in an appropriate court to collect the penalty.
(d)  An agency or museum shall not be subject to civil penalties for actions taken in good faith to comply with the federal Native American Graves Protection and Repatriation Act (25 U.S.C. Sec. 3001 et seq.).
(Added by Stats. 2001, Ch. 818, Sec. 1. Effective January 1, 2002.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 2 - DISINTERMENT AND REMOVAL › CHAPTER 5 - California Native American Graves Protection and Repatriation › ARTICLE 4 - Penalties and Enforcement Procedures › Section 8030.

8030. The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
(Added by Stats. 2001, Ch. 818, Sec. 1. Effective January 1, 2002.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - Definitions › Section 8100.

8100. The definitions set forth in Chapter 1 (commencing with Section 7000) of Part 1 of Division 7 shall be applicable to this division.
(Amended by Stats. 2001, Ch. 436, Sec. 23. Effective January 1, 2002.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 1 - GENERAL PROVISIONS › CHAPTER 2 - Vandalism › Section 8102.

8102. Any person violating any provision of this chapter is liable, in a civil action by and in the name of the cemetery authority, to pay all damages occasioned by his unlawful acts. The sum recovered shall be applied in payment for the repair and restoration of the property injured or destroyed.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 1 - GENERAL PROVISIONS › CHAPTER 2 - Vandalism › Section 8103.

8103. The provisions of this chapter do not apply to the removal or unavoidable breakage or injury, by a cemetery authority, of any thing placed in or upon any portion of its cemetery in violation of any of the rules or regulations of the cemetery authority, nor to the removal of anything placed in the cemetery by or with the consent of the cemetery authority which has become in a wrecked, unsightly, or dilapidated condition.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 1 - GENERAL PROVISIONS › CHAPTER 3 - Records › Section 8110.

8110. The person in charge of any premises on which interments or cremations are made shall keep a record of all remains interred or cremated and of the interment of remains on the premises under his charge, in each case stating the name of each deceased person, place of death, date of interment, and name and address of the funeral director.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 1 - GENERAL PROVISIONS › CHAPTER 3 - Records › Section 8112.

8112. Records required to be kept under Division 7 (commencing with Section 7000) or this division may be kept in original form or by photocopy, microfilm, microfiche, laser disc, or any other method that can produce an accurate reproduction of the original record.
(Added by Stats. 1993, Ch. 1232, Sec. 26. Effective January 1, 1994.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 1 - GENERAL PROVISIONS › CHAPTER 3.5 - Requirements for Burials › Section 8113.

8113. (a)  This chapter shall apply to all cemeteries, including, but not limited to, public cemeteries, private cemeteries, and cemeteries operated by religious organizations, or fraternal or beneficial associations or societies.
(b)  This chapter shall supersede any conflicting rules or regulations established by any entity that manages or operates a cemetery in this state, including, but not limited to, a city, a county, a city and county, a public cemetery district, a cemetery authority, a private corporation, or any organization, association, or society managing or operating a cemetery.
(Added by Stats. 1992, Ch. 828, Sec. 1. Effective January 1, 1993.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 1 - GENERAL PROVISIONS › CHAPTER 3.5 - Requirements for Burials › Section 8113.1.

8113.1. (a)  Except as provided in subdivisions (b) and (c), there shall be no less than 18 inches of dirt or turf on top of all vaults or caskets as measured at the time of burial.
(b)  Cremated remains placed in an urn or urn vault and covered with at least three-quarters of an inch of concrete, brass, granite, marble, or metal plate, affixed to the urn or urn vault shall be exempt from the requirement of subdivision (a).
(c)  In the case of consensual double burials, the casket or vault that is on top shall be covered with at least 12 inches of dirt or turf as measured at the time of burial.
(d)  In a case of extreme hardship, upon request of the next of kin or other person responsible for making the burial arrangements for the deceased, a burial of less than 18, but not less than 12 inches may be provided.
(Added by Stats. 1992, Ch. 828, Sec. 1. Effective January 1, 1993.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 1 - GENERAL PROVISIONS › CHAPTER 3.5 - Requirements for Burials › Section 8113.3.

8113.3. (a)  This chapter shall not apply to mausoleums, crypts, vaults, or other burial structures designed and constructed to be installed without an earthen cover.
(b)  Preexisting and presold vaults and lawn crypts that were in place on January 1, 1993, or for which sales agreements have been executed prior to that date, shall not be subject to this chapter.
(Added by Stats. 1992, Ch. 828, Sec. 1. Effective January 1, 1993.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 1 - GENERAL PROVISIONS › CHAPTER 3.5 - Requirements for Burials › Section 8113.4.

8113.4. Cemeteries shall be liable for the costs of reburial of any remains improperly interred in already occupied graves or interred with less than the amount of turf, dirt, or other covering, as required by this chapter, for burials occurring after January 1, 1993.
(Added by Stats. 1992, Ch. 828, Sec. 1. Effective January 1, 1993.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 1 - GENERAL PROVISIONS › CHAPTER 3.5 - Requirements for Burials › Section 8113.5.

8113.5. (a)  Except with the express written permission of the person entitled to control the disposition of the remains, or in the case of a double burial consented to by both parties, no person shall knowingly or willfully inter the remains of more than one body in a single plot, or place a casket or other human remains in an already occupied grave.
(b)  Violation of subdivision (a) is a crime punishable as follows:
(1)  A first offense, or a second offense not committed within a year of the first, is punishable as a misdemeanor by imprisonment in a county jail not exceeding one year.
(2)  A second offense committed within a year of the first offense is punishable as a misdemeanor or a felony by imprisonment in a county jail not exceeding one year, or pursuant to subdivision (h) of Section 1170 of the Penal Code.
(3)  A third or subsequent offense shall be punishable as a felony by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code.
(Amended by Stats. 2011, Ch. 15, Sec. 143. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)