Senate BillChaptered/SignedBusiness and Professions
SB 1312: Cemeteries.
What SB 1312 does, verified September 29, 2026
This bill would allow the state's cemetery and funeral bureau to establish an advisory committee to assist in regulatory activities. The committee would include at least one representative from the death care industry, members of the public, and local government representatives. The committee's purpose would be to engage consumers and licensees in the bureau's regulatory activities. This would help the bureau to better understand the needs and concerns of the industry and the public, ultimately leading to more effective regulation and enforcement.
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Last action: Chaptered by Secretary of State. Chapter 696, Statutes of 2026. (2026-09-27)Alert me
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| Sep. 27, 2026 | Chaptered by Secretary of State. Chapter 696, Statutes of 2026. |
| Sep. 27, 2026 | Approved by the Governor. |
| Sep. 08, 2026 | Enrolled and presented to the Governor at 4 p.m. |
| Aug. 30, 2026 | Assembly amendments concurred in. (Ayes 39. Noes 0.) Ordered to engrossing and enrolling. |
| Aug. 26, 2026 | From committee: That the Assembly amendments be concurred in. (Ayes 8. Noes 1.) |
Latest bill textChaptered version, September 27, 2026 · 2,675 words
Senate Bill No. 1312
CHAPTER 696
An act to amend Sections 7612.2 and 7612.6 of the Business and Professions Code, and to amend Section 8250 of, to amend the heading of Chapter 7 (commencing with Section 8825) of Part 3 of Division 8 of, and to add Chapter 7.5 (commencing with Section 8830) to Part 3 of Division 8 of, the Health and Safety Code, relating to cemeteries.
[ Approved by Governor September 27, 2026. Filed with Secretary of State September 27, 2026. ]
LEGISLATIVE COUNSEL'S DIGEST
SB 1312, Richardson. Cemeteries.
(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.
The people of the State of California do enact as follows:
SECTION 1.
Section 7612.2 of the Business and Professions Code is amended to read:7612.2.
This article does not apply to any of the following:(a) A religious corporation, church, religious society or denomination, a corporation sole administering temporalities of any church or religious society or denomination, or any cemetery organized, controlled, and operated by any of them.
(b) A public cemetery.
(c) Any private or fraternal burial park not exceeding 10 acres in area, established prior to September 19, 1939; however, (1) those cemeteries shall be subject to the cemetery brokerage provisions of this act, and (2) any cemetery shall be subject to all of the provisions of this act if it collects a care, maintenance, or embellishment deposit or sets up a trust for burial purposes pursuant to Section 8775 of the Health and Safety Code, including funeral services such as mortuary, cremation, or other commodities or services furnished at the time of and in connection with that funeral or cremation.
(d) Any California nonprofit public benefit corporation that manages the continued care and maintenance of an abandoned endowment care cemetery pursuant to Section 8833 of the Health and Safety Code, 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.
SEC. 2.
Section 7612.6 of the Business and Professions Code is amended to read:7612.6.
(a) Each cemetery authority shall file with the bureau annually, on or before June 1, or within five months after close of their fiscal year provided approval has been granted by the bureau as provided for in Section 7612.7, a written report in a form prescribed by the bureau setting forth the following:(1) The number of square feet of grave space and the number of crypts and niches sold or disposed of under endowment care by specific periods as set forth in the form prescribed.
(2) The amount collected and deposited in both the general and special endowment care funds segregated as to the amounts for crypts, niches, and grave space by specific periods as set forth either on the accrual or cash basis at the option of the cemetery authority.
(3) A statement showing separately the total amount of the general and special endowment care funds invested in each of the investments authorized by law and the amount of cash on hand not invested, which statement shall actually show the financial condition of the funds.
(4) A statement showing separately the location, description, and character of the investments in which the special endowment care funds are invested. The statement shall show the valuations of any securities held in the endowment care fund as valued pursuant to Section 7614.7.
(5) A statement showing the transactions entered into between the corporation or any officer, employee, or stockholder thereof and the trustees of the endowment care funds with respect to those endowment care funds. The statement shall show the dates, amounts of the transactions, and shall contain a statement of the reasons for those transactions.
(b) The report shall be verified by the president or vice president and one other officer of the cemetery corporation. The information submitted pursuant to paragraphs (2), (3), (4), and (5) of subdivision (a) shall be accompanied by an annual audit report for each year within the reporting period described in subdivision (a) prepared in accordance with generally accepted accounting principles, of the endowment care fund and special care fund signed by a certified public accountant or public accountant. The scope of the audit shall include the inspection, review, and audit of the general purpose financial statements of the endowment care fund and special care fund, which shall include the balance sheet, the statement of revenues, expenditures, and changes in fund balance.
(c) If a cemetery authority files a written request prior to the date the report is due, the bureau may, in its discretion, grant an extension for no more than an additional nine months within which to file the report.
SEC. 3.
Section 8250 of the Health and Safety Code is amended to read:8250.
Except as provided in subdivision (c) of this section, the provisions of this part do not apply to any of the following:(a) Any religious corporation, church, religious society or denomination, a corporation sole administering temporalities of any church or religious society or denomination, or any cemetery organized, controlled, and operated by any of them.
(b) Any public cemetery.
(c) Any private or fraternal burial park not exceeding 10 acres in area, heretofore established; provided, however, (1) that the provisions of Chapter 6 (commencing at Section 8800) and Chapter 7 (commencing at Section 8825) of this part are applicable thereto, and (2) all of the provisions of this part shall apply to any such cemetery that collects a care, maintenance or embellishment deposit or funds for commodities or services.
(d) Any California nonprofit public benefit corporation that manages the continued care and maintenance of an abandoned endowment care cemetery pursuant to Section 8833 of the Health and Safety Code, 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.
SEC. 4.
The heading of Chapter 7 (commencing with Section 8825) of Part 3 of Division 8 of the Health and Safety Code is amended to read:CHAPTER 7. Abandonment of Nonendowment Care Cemeteries
SEC. 5.
Chapter 7.5 (commencing with Section 8830) is added to Part 3 of Division 8 of the Health and Safety Code, to read:CHAPTER 7.5. Abandonment of Endowment Care Cemeteries
8830.
(a) For purposes of this chapter, “abandoned endowment care cemetery” means a cemetery that was formerly licensed under Chapter 12 (commencing with section 7600) of Division 3 of the Business and Professions Code that meets all of the following criteria:(1) The certificate of authority has been canceled, surrendered, or revoked and ownership has not been transferred in accordance with Section 8585 within one year of the cancellation, suspension, or revocation.
(2) The bureau has conserved the endowment care fund described in Section 7613.9, 7613.10, or 7613.11 of the Business and Professions Code.
(3) The cemetery property is negatively impacting the public health, safety, or welfare as identified by the county in which the cemetery is located.
(b) If a county determines that a cemetery has been abandoned in accordance with subdivision (a), the county shall provide the owner of the property 90 days’ written notice to correct the public health, safety, or welfare concerns identified by the county pursuant to paragraph (3) of subdivision (a).
(c) Upon the expiration of the 90-day notice period, if the concerns identified by the county pursuant to paragraph (3) of subdivision (a) have not been corrected in the county’s sole judgment, the county shall declare the property an abandoned endowment care cemetery.
8831.
(a) Upon abandonment described in subdivision (c) of Section 8830, the ownership of the abandoned endowment care cemetery real property may transfer to the county in which the cemetery is located by operation of law and the county shall promptly record the transfer in the real property records of the county.(b) (1) Written notice shall be provided to the local agency formation commission 90 days prior to, and upon, declaration of abandonment.
(2) Written notice shall, at a minimum, identify the record owner or possessor of property, set forth the last known address of the record owner or possessor, set forth the date that the city, county, or city and county began the process to declare the abandonment, and include a description of the real property subject to abandonment.
(c) A county that acquires title to the real property of an abandoned endowment care cemetery shall keep a record of, and shall honor all remaining contracts for, burial entered into by the prior cemetery authority.
(d) Except as provided in subdivision (c), a county that acquires title to the real property of the abandoned endowment care cemetery shall not be liable for the debts, obligations, taxes, fines, or judgments of the previous owner.
(e) The property owner whose cemetery has been subject to abandonment as defined in this chapter shall remain responsible for satisfying any outstanding property taxes due at the time of transfer, as well as any other debts secured by the real property.
8832.
(a) Within three years of the transfer of title pursuant to Section 8831, the county shall take title to any remaining endowment care funds of the prior cemetery authority held by the bureau in accordance with Section 7613.9, 7613.10, or 7613.11 of the Business and Professions Code, and shall take possession of all necessary books, records, property, real and personal, and assets of the funds.(b) The assets of the fund described in subdivision (a) shall be placed in a special fund within the county treasury. The moneys within the special fund may only be expended on care, maintenance, or embellishment of the abandoned endowment care cemetery.
8833.
(a) A city, county, or city and county may transfer the care and management of an abandoned endowment care cemetery to a California nonprofit public benefit corporation in good standing to oversee burials, and for the care, maintenance, and embellishment of the cemetery.(b) If the bureau controls the endowment care fund pursuant to Section 7613.9, 7613.10, or 7613.11 of the Business and Professions Code, a nonprofit public benefit corporation that manages an abandoned endowment care cemetery may request reimbursement from available income in the endowment care fund for the care, maintenance, or embellishment performed. The request shall include a description and proof thereof, the total costs incurred, and any other information required by the bureau. All records shall be maintained for at least four years from their creation and the bureau may inspect those records upon written request to the nonprofit public benefit corporation. The bureau shall remain in control of the endowment care fund until a certificate of authority is issued for the cemetery or the county resumes management, and requests the funds pursuant to this section.
(c) A nonprofit public benefit corporation that manages an abandoned endowment shall keep a record of, and honor all prior and outstanding contracts for, burials entered into by the prior cemetery authority.
(d) A nonprofit public benefit corporation that manages an abandoned endowment care cemetery shall not be liable for the debts, obligations, taxes, fines, or judgments of the abandoned cemetery’s previous owner.
Text of SB 1312 as chaptered, from the official record. Connect Plus keeps every version and highlights what changed.Compare versions