CaliforniaCounties could take over abandoned cemeteries after a 90-day notice
Counties would give owners 90 days to fix identified problems at qualifying abandoned cemeteries before declaring them abandoned; ownership may then transfer to the county.
What it does
Qualifying California nonprofits that manage abandoned cemeteries would be exempt from specified cemetery rules while honoring prepaid burial contracts and making no new burial-space sales.
Cemetery authorities would include a separate annual audit for every year covered by their report, covering their endowment care funds.
After 90 days’ notice to fix identified public health or safety problems, a county would declare a qualifying cemetery abandoned if problems remain; its land may transfer to the county.
Argument forCounty control could keep money from an abandoned cemetery’s care fund focused on maintaining that cemetery for families and visitors.
Argument againstA property owner could lose cemetery land after 90 days if county officials judge that health or safety problems remain, while still owing taxes and secured debts.
More detail
Certain nonprofit corporations would be exempt from specified cemetery regulations. The exemption applies to qualifying California nonprofit public benefit corporations managing abandoned endowment care cemeteries. The corporation must manage the continued care and maintenance of an abandoned endowment care cemetery, oversee or perform burials under prepaid contracts, and make no new contracts to sell burial spaces.
Cemetery authorities would submit an audit for each year covered by their report. The requirement applies to each cemetery authority filing the annual report described in the law. The audit must cover the endowment care and special care funds and follow generally accepted accounting principles. The audits cover each year within the reporting period for the authority’s annual report.
A county would notify the property owner, then declare the cemetery abandoned if problems remain; ownership may transfer to the county. This process applies to qualifying abandoned endowment care cemeteries located in the county. The cemetery must have been formerly licensed, have a canceled, surrendered, or revoked certificate of authority without a transfer within one year, have a fund conserved by the bureau, and be harming public health, safety, or welfare as identified by the county. The county must give the owner 90 days’ written notice to fix the identified problems. If they remain, the county decides in its sole judgment whether to declare abandonment. If the county takes title, it must honor remaining burial contracts and take control of remaining care funds and related assets within three years. The money must go into a special county fund and may be spent only on that cemetery’s care, maintenance, or improvement. The county may transfer cemetery care and management to a qualifying nonprofit. The owner gets 90 days to address the county’s concerns. If the county takes title, it must take control of remaining care funds and related assets within three years.
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Where it stands
- Introduced
- Passed Senate
- Passed Assembly
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Sep 27Chaptered by Secretary of State. Chapter 696, Statutes of 2026.Latest
- Sep 27Approved by the Governor Gavin Newsom.Became Law
- Sep 8Enrolled and presented to the Governor at 4 p.m.To Governor
- Aug 30Assembly amendments concurred in. (Ayes 39. Noes 0.) Ordered to engrossing and enrolling.Major
- Vote recorded Unfinished Business SB1312 Richardson Concurrence. Result: pass.Upper
- Aug 26From committee: That the Assembly amendments be concurred in. (Ayes 8. Noes 1. Page 5924.)Minor
- Vote recorded That the Assembly amendments be concurred in. Result: pass.Upper
- Aug 26From 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.Minor
- Aug 26Re-referred to Com. on RLS. pursuant to Senate Rule 29.10(d).Minor
- Aug 25In Senate. Concurrence in Assembly amendments pending.
- Vote recorded SB 1312 Richardson Senate Third Reading By Connolly. Result: pass.Lower
- Aug 25Read third time. Passed. (Ayes 61. Noes 9. Page 6501.) Ordered to the Senate.Passed Assembly
- Aug 21Ordered to third reading.Minor
- Aug 21Read third time and amended.Major
- Aug 17Read second time. Ordered to third reading.Minor
- Aug 13Read second time and amended. Ordered to second reading.Major
- Vote recorded Do pass as amended. Result: pass.Lower
- Aug 13From committee: Do pass as amended. (Ayes 11. Noes 1.) (August 13).Major
- Aug 13Assembly Rule 63 suspended.
- Aug 5August 5 set for first hearing. Placed on suspense file.
- Jul 2From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (July 1). Re-referred to Com. on APPR.Minor
- Jul 1
- Vote recorded Do pass and be re-referred to the Committee on [Appropriations]. Result: pass.Lower
- Jun 23From committee: Do pass and re-refer to Com. on L. GOV. (Ayes 17. Noes 2.) (June 23). Re-referred to Com. on L. GOV.Minor
- Vote recorded Do pass and be re-referred to the Committee on [Local Government]. Result: pass.Lower
- Jun 18From committee with author's amendments. Read second time and amended. Re-referred to Com. on B. & P.Major
- May 26Referred to Com. on B. & P.Minor
- May 20In Assembly. Read first time. Held at Desk.Minor
- Vote recorded 3rd Reading. Result: pass.Upper
- May 20Read third time. Passed. (Ayes 38. Noes 0. Page 4377.) Ordered to the Assembly.Passed Senate
- Apr 28Read second time. Ordered to third reading.Minor
- Apr 27From committee: Be ordered to second reading pursuant to Senate Rule 28.8.Minor
- Apr 17Set for hearing April 27.
- Apr 13From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 0. Page 3841.) (April 13). Re-referred to Com. on APPR.Minor
- Vote recorded Do pass, but first be re-referred to the Committee on [Appropriations]. Result: pass.Upper
- Apr 8Set for hearing April 13.
- Mar 4Referred to Com. on B. P. & E.D.Minor
- Feb 23Read first time.Minor
- Feb 23From printer. May be acted upon on or after March 23.
- Feb 20Introduced. To Com. on RLS. for assignment. To print.Introduced
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