SB 1312: Cemeteries.

Official summary

Legislative Counsel’s Digest (official, as of the latest version). Written by nonpartisan legislative staff; reproduced verbatim.

(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.

Sponsors

Sponsors by party (alphabetical): Democratic 1

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. September 27, 2026Chaptered by Secretary of State. Chapter 696, Statutes of 2026.
2. September 27, 2026Approved by the Governor.
3. September 8, 2026Enrolled and presented to the Governor at 4 p.m.
4. August 30, 2026Assembly amendments concurred in. (Ayes 39. Noes 0.) Ordered to engrossing and enrolling.
5. August 26, 2026From committee: That the Assembly amendments be concurred in. (Ayes 8. Noes 1.)
6. August 26, 2026From 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.
7. August 26, 2026Re-referred to Com. on RLS. pursuant to Senate Rule 29.10(d).
8. August 25, 2026In Senate. Concurrence in Assembly amendments pending.
9. August 25, 2026Read third time. Passed. (Ayes 61. Noes 9. Page 6501.) Ordered to the Senate.
10. August 21, 2026Ordered to third reading.
11. August 21, 2026Read third time and amended.
12. August 17, 2026Read second time. Ordered to third reading.