CA SB 1312
enactedCemeteries.
California · 2025-2026 Regular Session · upper
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Quick answers
Did CA SB 1312 pass?
Yes. CA SB 1312 has been enacted into law. Latest recorded action (2026-09-27): Chaptered by Secretary of State. Chapter 696, Statutes of 2026.
What is CA SB 1312 about?
(1) Existing law, the Cemetery and Funeral Act, establishes the Cemetery and Funeral Bureau within the Department of Consumer Affairs and sets forth its powers and duties relating to the licensure and regulation of, among others, cemeteries and cemetery authorities. Existing law defines specified terms for purposes of the Cemetery and Funeral Act and the general regulation of cemeteries, but provides, however, that these definitions do not apply if expressly stated otherwise. Existing law states that the definitions and specified provisions that regulate cemeteries are inapplicable to religious corporations, a public cemetery, or any private or fraternal burial park, as specified. This bill would also make the definitions and regulation of cemeteries described above inapplicable to any California nonprofit public benefit corporation that manages the continued care and maintenance of an abandoned endowment care cemetery that oversees or performs interments pursuant to prepaid burial contracts and does not enter into any new contracts for the sale of new burial spaces to consumers, as specified. (2) Existing law authorizes a cemetery authority that maintains a cemetery to place its cemetery under endowment care and to establish, maintain, and operate an endowment care fund. Existing law requires each cemetery authority to file with the bureau annually, on or before June 1, or within 5 months after close of their fiscal year, as specified, a written report in a form prescribed by the bureau setting forth, among other things, the amount collected and deposited in both the general and special endowment care funds, as specified. Existing law requires certain information set forth in the report, including the information described above, to be accompanied by an annual audit report prepared in accordance with generally accepted accounting principles of the endowment care fund and special care fund, as specified. This bill would require the above-described information to instead be accompanied by an annual audit report for each year within that reporting period. (3) Existing law generally regulates cemeteries, including private cemeteries. Existing law, however, makes provisions that regulate private cemeteries inapplicable to any religious corporations, public cemeteries, or private or fraternal burial parks, as specified. This bill would also make provisions that regulate private cemeteries inapplicable to any California nonprofit public benefit corporation that manages the continued care and maintenance of an abandoned endowment care cemetery that oversees or performs interments pursuant to prepaid burial contracts, and does not enter into any new contracts for the sale of new burial spaces to consumers, as specified. (4) Existing law authorizes a city or county having a nonendowment care cemetery within its boundaries that threatens or endangers the health, safety, comfort, or welfare of the public to, by resolution of its governing board, as specified, declare the abandonment of the cemetery as a place of future interment. Existing law requires the city or county to permit interment therein of any person who, among other things, is an owner of a plot in the cemetery on the date of adoption of the resolution. After the work that the governing body, in its discretion, finds necessary and practicable has been completed, existing law requires the governing body to immediately thereafter, by resolution containing a legal description of the cemetery, dedicate the abandoned cemetery as a pioneer memorial park, as specified. Existing law requires, upon recordation of the resolution with the county recorder of the county in which the cemetery is located, fee title to the cemetery to vest in the city or county, as specified. Existing law requires any county or city acquiring fee title to a cemetery under these provisions to only use the property for the purpose of establishing and maintaining a pioneer memorial park. This bill would define "abandoned endowment care cemetery" to mean a cemetery that was formerly licensed, as specified, that meets other specified criteria, including that the bureau has conserved the endowment care fund and the property is negatively impacting the public health, safety, or welfare, as specified. The bill would require a county, if it determines that an endowment care cemetery has been abandoned, to provide the owner of the property 90 days' written notice to correct the health, safety, or welfare concerns it has identified. If, after 90 days, those concerns have not been corrected, the bill would require the county to declare the property an abandoned endowment care cemetery and ownership of the real property may be transferred to the county and promptly be recorded in the records of the county. This bill would require that, within 3 years of the transfer of title, the county take title to any remaining endowment care funds of the prior cemetery authority held by the bureau, and of all necessary books, records, property, and assets, which shall be placed in a special fund within the county treasury and only be expended on care, maintenance, or embellishment of the abandoned endowment care cemetery. The bill would authorize the county to transfer the care and management of an abandoned endowment care cemetery to a California nonprofit public benefit corporation, as specified.
Who sponsors CA SB 1312?
Richardson is the primary sponsor of CA SB 1312.
Description
(1) Existing law, the Cemetery and Funeral Act, establishes the Cemetery and Funeral Bureau within the Department of Consumer Affairs and sets forth its powers and duties relating to the licensure and regulation of, among others, cemeteries and cemetery authorities. Existing law defines specified terms for purposes of the Cemetery and Funeral Act and the general regulation of cemeteries, but provides, however, that these definitions do not apply if expressly stated otherwise. Existing law states that the definitions and specified provisions that regulate cemeteries are inapplicable to religious corporations, a public cemetery, or any private or fraternal burial park, as specified. This bill would also make the definitions and regulation of cemeteries described above inapplicable to any California nonprofit public benefit corporation that manages the continued care and maintenance of an abandoned endowment care cemetery that oversees or performs interments pursuant to prepaid burial contracts and does not enter into any new contracts for the sale of new burial spaces to consumers, as specified. (2) Existing law authorizes a cemetery authority that maintains a cemetery to place its cemetery under endowment care and to establish, maintain, and operate an endowment care fund. Existing law requires each cemetery authority to file with the bureau annually, on or before June 1, or within 5 months after close of their fiscal year, as specified, a written report in a form prescribed by the bureau setting forth, among other things, the amount collected and deposited in both the general and special endowment care funds, as specified. Existing law requires certain information set forth in the report, including the information described above, to be accompanied by an annual audit report prepared in accordance with generally accepted accounting principles of the endowment care fund and special care fund, as specified. This bill would require the above-described information to instead be accompanied by an annual audit report for each year within that reporting period. (3) Existing law generally regulates cemeteries, including private cemeteries. Existing law, however, makes provisions that regulate private cemeteries inapplicable to any religious corporations, public cemeteries, or private or fraternal burial parks, as specified. This bill would also make provisions that regulate private cemeteries inapplicable to any California nonprofit public benefit corporation that manages the continued care and maintenance of an abandoned endowment care cemetery that oversees or performs interments pursuant to prepaid burial contracts, and does not enter into any new contracts for the sale of new burial spaces to consumers, as specified. (4) Existing law authorizes a city or county having a nonendowment care cemetery within its boundaries that threatens or endangers the health, safety, comfort, or welfare of the public to, by resolution of its governing board, as specified, declare the abandonment of the cemetery as a place of future interment. Existing law requires the city or county to permit interment therein of any person who, among other things, is an owner of a plot in the cemetery on the date of adoption of the resolution. After the work that the governing body, in its discretion, finds necessary and practicable has been completed, existing law requires the governing body to immediately thereafter, by resolution containing a legal description of the cemetery, dedicate the abandoned cemetery as a pioneer memorial park, as specified. Existing law requires, upon recordation of the resolution with the county recorder of the county in which the cemetery is located, fee title to the cemetery to vest in the city or county, as specified. Existing law requires any county or city acquiring fee title to a cemetery under these provisions to only use the property for the purpose of establishing and maintaining a pioneer memorial park. This bill would define "abandoned endowment care cemetery" to mean a cemetery that was formerly licensed, as specified, that meets other specified criteria, including that the bureau has conserved the endowment care fund and the property is negatively impacting the public health, safety, or welfare, as specified. The bill would require a county, if it determines that an endowment care cemetery has been abandoned, to provide the owner of the property 90 days' written notice to correct the health, safety, or welfare concerns it has identified. If, after 90 days, those concerns have not been corrected, the bill would require the county to declare the property an abandoned endowment care cemetery and ownership of the real property may be transferred to the county and promptly be recorded in the records of the county. This bill would require that, within 3 years of the transfer of title, the county take title to any remaining endowment care funds of the prior cemetery authority held by the bureau, and of all necessary books, records, property, and assets, which shall be placed in a special fund within the county treasury and only be expended on care, maintenance, or embellishment of the abandoned endowment care cemetery. The bill would authorize the county to transfer the care and management of an abandoned endowment care cemetery to a California nonprofit public benefit corporation, as specified.
- Introduced
- 2026-02-20
- Latest action
- 2026-09-27 — Chaptered by Secretary of State. Chapter 696, Statutes of 2026.
- Bill type
- bill
- Last updated
- —
Subjects
Sponsors
- Richardsonauthor
Committees
Not provided by source.
Action timeline
Newest first
2026-09-27
Chaptered by Secretary of State. Chapter 696, Statutes of 2026.
became-law
2026-09-27
Approved by the Governor.
executive-signature
2026-09-08
Enrolled and presented to the Governor at 4 p.m.
executive-receipt
2026-08-30
Assembly amendments concurred in. (Ayes 39. Noes 0.) Ordered to engrossing and enrolling.
2026-08-26
Re-referred to Com. on RLS. pursuant to Senate Rule 29.10(d).
2026-08-26
From committee: Be re-referred to Com. on B. P. & E.D. pursuant to Senate Rule 29.10(d). (Ayes 5. Noes 0.) Re-referred to Com. on B. P. & E.D.
2026-08-26
From committee: That the Assembly amendments be concurred in. (Ayes 8. Noes 1.)
2026-08-26
From committee: Be re-referred to Com. on B. P. & E.D. pursuant to Senate Rule 29.10(d). (Ayes 5. Noes 0. Page 5823.) Re-referred to Com. on B. P. & E.D.
2026-08-26
From committee: That the Assembly amendments be concurred in. (Ayes 8. Noes 1. Page 5924.)
2026-08-25
Read third time. Passed. Ordered to the Senate.
2026-08-25
In Senate. Concurrence in Assembly amendments pending.
2026-08-25
Read third time. Passed. (Ayes 61. Noes 9. Page 6501.) Ordered to the Senate.
passage,reading-1,reading-3
2026-08-21
Read third time and amended.
2026-08-21
Ordered to third reading.
2026-08-17
Read second time. Ordered to third reading.
2026-08-13
Assembly Rule 63 suspended.
2026-08-13
From committee: Do pass as amended. (Ayes 11. Noes 1.) (August 13).
2026-08-13
Read second time and amended. Ordered to second reading.
2026-08-05
August 5 set for first hearing. Placed on suspense file.
2026-07-02
From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (July 1). Re-referred to Com. on APPR.
committee-passage,committee-passage-favorable,referral-committee
2026-06-23
From committee: Do pass and re-refer to Com. on L. GOV. (Ayes 17. Noes 2.) (June 23). Re-referred to Com. on L. GOV.
committee-passage,committee-passage-favorable,referral-committee
2026-06-18
From committee with author's amendments. Read second time and amended. Re-referred to Com. on B. & P.
amendment-passage,committee-passage,reading-1,reading-2,referral-committee
2026-05-26
Referred to Com. on B. & P.
referral-committee
2026-05-20
In Assembly. Read first time. Held at Desk.
reading-1
2026-05-20
Read third time. Passed. (Ayes 38. Noes 0. Page 4377.) Ordered to the Assembly.
passage,reading-1,reading-3
2026-04-28
Read second time. Ordered to third reading.
reading-1,reading-2,reading-3
2026-04-27
From committee: Be ordered to second reading pursuant to Senate Rule 28.8.
committee-passage,reading-1,reading-2
2026-04-17
Set for hearing April 27.
2026-04-13
From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 0. Page 3841.) (April 13). Re-referred to Com. on APPR.
committee-passage,committee-passage-favorable,referral-committee
2026-04-08
Set for hearing April 13.
2026-03-04
Referred to Com. on B. P. & E.D.
referral-committee
2026-02-23
From printer. May be acted upon on or after March 23.
2026-02-23
Read first time.
reading-1
2026-02-20
Introduced. To Com. on RLS. for assignment. To print.
introduction,referral-committee
Versions
- 02/20/26 - Introduced — 2026-02-20Compare
- 06/18/26 - Amended Assembly — 2026-06-18Compare
- 08/13/26 - Amended Assembly — 2026-08-13Compare
- 08/21/26 - Amended Assembly — 2026-08-21Compare
- 09/02/26 - Enrolled — 2026-09-02Compare
- 09/27/26 - Chaptered — 2026-09-27Compare
- (document, no version)Compare
- SB1312Compare
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Votes
Do pass, but first be re-referred to the Committee on [Appropriations]
2026-04-13 · pass · 10-0
Member-level votes (11)
- Menjivar: yes
- Smallwood-Cuevas: yes
- Arreguín: yes
- Archuleta: yes
- Umberg: yes
- Caballero: yes
- Strickland: yes
- Wahab: yes
- Grayson: yes
- Choi: yes
- Niello: other
3rd Reading
2026-05-20 · pass · 38-0
Member-level votes (40)
- Jones: yes
- Alvarado-Gil: yes
- Limón: yes
- Menjivar: yes
- Blakespear: yes
- Richardson: yes
- Valladares: yes
- Smallwood-Cuevas: yes
- Caballero: yes
- Grayson: yes
- Dahle: yes
- McGuire: yes
- Niello: yes
- Hurtado: yes
- Gonzalez: yes
- Cabaldon: yes
- Stern: yes
- Allen: yes
- Wiener: yes
- McNerney: yes
- Rubio: yes
- Umberg: yes
- Arreguín: yes
- Pérez: yes
- Ashby: yes
- Cortese: yes
- Reyes: yes
- Strickland: yes
- Choi: yes
- Laird: yes
- Seyarto: yes
- Weber Pierson: yes
- Durazo: yes
- Archuleta: yes
- Ochoa Bogh: yes
- Padilla: yes
- Cervantes: yes
- Wahab: yes
- Becker: other
- Grove: other
Do pass and be re-referred to the Committee on [Local Government]
2026-06-23 · pass · 17-2
Member-level votes (19)
- Berman: yes
- Bauer-Kahan: yes
- Caloza: yes
- Patterson: yes
- Bains: yes
- Lowenthal: yes
- Addis: yes
- Ahrens: yes
- Chen: yes
- Hart: yes
- Haney: yes
- Irwin: yes
- Alanis: yes
- Nguyen: yes
- Jackson: yes
- Elhawary: yes
- Pellerin: yes
- Hadwick: no
- Macedo: no
Do pass and be re-referred to the Committee on [Appropriations]
2026-07-01 · pass · 6-1
Member-level votes (10)
- Ramos: yes
- Stefani: yes
- Carrillo: yes
- Wilson: yes
- Blanca Rubio: yes
- Pacheco: yes
- Johnson: no
- Ward: other
- Ransom: other
- Ta: other
Related bills
No related bills recorded for this bill.
Official source
Attribution
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