| Old | New | Differences | |
|---|---|---|---|
| 1 | - | ||
| 1 | + | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 777Introduced by Senator RichardsonFebruary 21, 2025 An act to amend the heading of Chapter 7 (commencing with Section 8825) of Division 8 of, to add Section 8749 to, and to add Chapter 6 (commencing with Section 8800) to Part 3 of Division 8 of, the Health and Safety Code, relating to cemeteries. LEGISLATIVE COUNSEL'S DIGESTSB 777, as introduced, Richardson. Abandoned endowment care cemeteries: county possession and responsibility.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, which includes cemetery associations, corporations sole, limited liability companies, and other persons owning or controlling cemetery lands or property. 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. Ninety days following the cancellation, surrender, or revocation of a certificate of authority, existing law gives the bureau title to any endowment care funds of a cemetery authority and possession of all necessary books, records, property, real and personal, and assets, and requires the bureau to act as conservator over the management of the endowment care funds.This bill would make the county in which an abandoned endowment care cemetery is located responsible for the care, maintenance, and embellishment of the cemetery. The bill would vest fee title of the cemetery in the county, would restrict the countys use of the property to cemetery purposes, and would exempt the county from various provisions related to the care of active cemeteries. The bill would give the county title to any endowment care funds of the prior cemetery authority held by the bureau, and would require the county to take possession of all necessary books, records, real property, personal property, and assets of the fund. The bill would require the assets to be liquidated, and the proceeds placed in a special fund within the county treasury to be expended on care, maintenance, or embellishment of the abandoned endowment care cemetery. The bill would define an abandoned endowment care cemetery and would make conforming changes.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 8749 is added to the Health and Safety Code, to read:8749. This article shall not apply to a county that takes title to an abandoned endowment care cemetery pursuant to Chapter 6 (commencing with Section 8800).SEC. 2. Chapter 6 (commencing with Section 8800) is added to Part 3 of Division 8 of the Health and Safety Code, to read: CHAPTER 6. Abandonment of Endowment Care Cemeteries8800. For purposes of this chapter, abandoned endowment care cemetery means a cemetery for which an endowment care fund was maintained, that was formerly licensed by the bureau, and for which the certificate of authority has been canceled, surrendered, or revoked and ownership has not been transferred pursuant to Section 8585 within one year of the cancellation, surrender, or revocation.8801. (a) Upon the expiration of the one-year period described in Section 8800, fee title of an abandoned care cemetery shall vest in the county in which the cemetery is located and shall be recorded with the county.(b) Any county acquiring fee title to a cemetery pursuant to this section shall be responsible for the care, maintenance, and embellishment of the abandoned endowment care cemetery, and shall only use the property for cemetery purposes.8802. (a) Upon the transfer of title described in Section 8801, the county shall also take title of any endowment care funds of the prior cemetery authority held by the bureau pursuant to Section 7613.11 of the Business and Professions Code, and shall take possession of all necessary books, records, real property, personal property, and assets of the fund.(b) The assets of the fund described in subdivision (a) shall be liquidated, and the proceeds shall be placed in a special fund within the county treasury. The moneys within the special fund shall only be expended on care, maintenance, or embellishment of the abandoned endowment care cemetery. 8803. A county that acquires title to an abandoned endowment care cemetery shall keep a record of, and honor, all remaining contracts for burial executed by the prior cemetery authority.SEC. 3. 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 Abandoned Nonendowment Care CemeteriesSEC. 4. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 777Introduced by Senator RichardsonFebruary 21, 2025 An act to amend the heading of Chapter 7 (commencing with Section 8825) of Division 8 of, to add Section 8749 to, and to add Chapter 6 (commencing with Section 8800) to Part 3 of Division 8 of, the Health and Safety Code, relating to cemeteries. LEGISLATIVE COUNSEL'S DIGESTSB 777, as introduced, Richardson. Abandoned endowment care cemeteries: county possession and responsibility.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, which includes cemetery associations, corporations sole, limited liability companies, and other persons owning or controlling cemetery lands or property. 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. Ninety days following the cancellation, surrender, or revocation of a certificate of authority, existing law gives the bureau title to any endowment care funds of a cemetery authority and possession of all necessary books, records, property, real and personal, and assets, and requires the bureau to act as conservator over the management of the endowment care funds.This bill would make the county in which an abandoned endowment care cemetery is located responsible for the care, maintenance, and embellishment of the cemetery. The bill would vest fee title of the cemetery in the county, would restrict the countys use of the property to cemetery purposes, and would exempt the county from various provisions related to the care of active cemeteries. The bill would give the county title to any endowment care funds of the prior cemetery authority held by the bureau, and would require the county to take possession of all necessary books, records, real property, personal property, and assets of the fund. The bill would require the assets to be liquidated, and the proceeds placed in a special fund within the county treasury to be expended on care, maintenance, or embellishment of the abandoned endowment care cemetery. The bill would define an abandoned endowment care cemetery and would make conforming changes.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES | |
| 4 | 4 | ||
| 5 | - | Amended IN Senate March 26, 2025 | |
| 6 | 5 | ||
| 7 | - | Amended IN Senate March 26, 2025 | |
| 6 | + | ||
| 7 | + | ||
| 8 | 8 | ||
| 9 | 9 | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION | |
| 10 | 10 | ||
| 11 | 11 | Senate Bill | |
| 12 | 12 | ||
| 13 | 13 | No. 777 | |
| 14 | 14 | ||
| 15 | 15 | Introduced by Senator RichardsonFebruary 21, 2025 | |
| 16 | 16 | ||
| 17 | 17 | Introduced by Senator Richardson | |
| 18 | 18 | February 21, 2025 | |
| 19 | 19 | ||
| 20 | - | An act to amend the heading of Chapter 7 (commencing with Section 8825) | |
| 20 | + | An act to amend the heading of Chapter 7 (commencing with Section 8825) of Division 8 of, to add Section 8749 to, and to add Chapter 6 (commencing with Section 8800) to Part 3 of Division 8 of, the Health and Safety Code, relating to cemeteries. | |
| 21 | 21 | ||
| 22 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 23 | 23 | ||
| 24 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 25 | 25 | ||
| 26 | - | SB 777, as | |
| 26 | + | SB 777, as introduced, Richardson. Abandoned endowment care cemeteries: county possession and responsibility. | |
| 27 | 27 | ||
| 28 | - | 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, which includes cemetery associations, corporations sole, limited liability companies, and other persons owning or controlling cemetery lands or property. 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. Ninety days following the cancellation, surrender, or revocation of a certificate of authority, existing law gives the bureau title to any endowment care funds of a cemetery authority and possession of all necessary books, records, property, real and personal, and assets, and requires the bureau to act as conservator over the management of the endowment care funds.This bill would make the | |
| 28 | + | 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, which includes cemetery associations, corporations sole, limited liability companies, and other persons owning or controlling cemetery lands or property. 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. Ninety days following the cancellation, surrender, or revocation of a certificate of authority, existing law gives the bureau title to any endowment care funds of a cemetery authority and possession of all necessary books, records, property, real and personal, and assets, and requires the bureau to act as conservator over the management of the endowment care funds.This bill would make the county in which an abandoned endowment care cemetery is located responsible for the care, maintenance, and embellishment of the cemetery. The bill would vest fee title of the cemetery in the county, would restrict the countys use of the property to cemetery purposes, and would exempt the county from various provisions related to the care of active cemeteries. The bill would give the county title to any endowment care funds of the prior cemetery authority held by the bureau, and would require the county to take possession of all necessary books, records, real property, personal property, and assets of the fund. The bill would require the assets to be liquidated, and the proceeds placed in a special fund within the county treasury to be expended on care, maintenance, or embellishment of the abandoned endowment care cemetery. The bill would define an abandoned endowment care cemetery and would make conforming changes.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. | |
| 29 | 29 | ||
| 30 | 30 | 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, which includes cemetery associations, corporations sole, limited liability companies, and other persons owning or controlling cemetery lands or property. 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. Ninety days following the cancellation, surrender, or revocation of a certificate of authority, existing law gives the bureau title to any endowment care funds of a cemetery authority and possession of all necessary books, records, property, real and personal, and assets, and requires the bureau to act as conservator over the management of the endowment care funds. | |
| 31 | 31 | ||
| 32 | - | This bill would make | |
| 32 | + | This bill would make the county in which an abandoned endowment care cemetery is located responsible for the care, maintenance, and embellishment of the cemetery. The bill would vest fee title of the cemetery in the county, would restrict the countys use of the property to cemetery purposes, and would exempt the county from various provisions related to the care of active cemeteries. The bill would give the county title to any endowment care funds of the prior cemetery authority held by the bureau, and would require the county to take possession of all necessary books, records, real property, personal property, and assets of the fund. The bill would require the assets to be liquidated, and the proceeds placed in a special fund within the county treasury to be expended on care, maintenance, or embellishment of the abandoned endowment care cemetery. The bill would define an abandoned endowment care cemetery and would make conforming changes. | |
| 33 | 33 | ||
| 34 | 34 | The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. | |
| 35 | 35 | ||
| 36 | 36 | This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. | |
| 37 | 37 | ||
| 38 | 38 | ## Digest Key | |
| 39 | 39 | ||
| 40 | 40 | ## Bill Text | |
| 41 | 41 | ||
| 42 | - | The people of the State of California do enact as follows:SECTION 1.Section 8749 is added to the Health and Safety Code, to read:8749.This article shall not apply to a county that takes title to an abandoned endowment care cemetery pursuant to Chapter 6 (commencing with Section 8800).SEC. 2 | |
| 42 | + | The people of the State of California do enact as follows:SECTION 1. Section 8749 is added to the Health and Safety Code, to read:8749. This article shall not apply to a county that takes title to an abandoned endowment care cemetery pursuant to Chapter 6 (commencing with Section 8800).SEC. 2. Chapter 6 (commencing with Section 8800) is added to Part 3 of Division 8 of the Health and Safety Code, to read: CHAPTER 6. Abandonment of Endowment Care Cemeteries8800. For purposes of this chapter, abandoned endowment care cemetery means a cemetery for which an endowment care fund was maintained, that was formerly licensed by the bureau, and for which the certificate of authority has been canceled, surrendered, or revoked and ownership has not been transferred pursuant to Section 8585 within one year of the cancellation, surrender, or revocation.8801. (a) Upon the expiration of the one-year period described in Section 8800, fee title of an abandoned care cemetery shall vest in the county in which the cemetery is located and shall be recorded with the county.(b) Any county acquiring fee title to a cemetery pursuant to this section shall be responsible for the care, maintenance, and embellishment of the abandoned endowment care cemetery, and shall only use the property for cemetery purposes.8802. (a) Upon the transfer of title described in Section 8801, the county shall also take title of any endowment care funds of the prior cemetery authority held by the bureau pursuant to Section 7613.11 of the Business and Professions Code, and shall take possession of all necessary books, records, real property, personal property, and assets of the fund.(b) The assets of the fund described in subdivision (a) shall be liquidated, and the proceeds shall be placed in a special fund within the county treasury. The moneys within the special fund shall only be expended on care, maintenance, or embellishment of the abandoned endowment care cemetery. 8803. A county that acquires title to an abandoned endowment care cemetery shall keep a record of, and honor, all remaining contracts for burial executed by the prior cemetery authority.SEC. 3. 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 Abandoned Nonendowment Care CemeteriesSEC. 4. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
| 43 | 43 | ||
| 44 | 44 | The people of the State of California do enact as follows: | |
| 45 | 45 | ||
| 46 | 46 | ## The people of the State of California do enact as follows: | |
| 47 | 47 | ||
| 48 | + | SECTION 1. Section 8749 is added to the Health and Safety Code, to read:8749. This article shall not apply to a county that takes title to an abandoned endowment care cemetery pursuant to Chapter 6 (commencing with Section 8800). | |
| 49 | + | ||
| 50 | + | SECTION 1. Section 8749 is added to the Health and Safety Code, to read: | |
| 51 | + | ||
| 52 | + | ### SECTION 1. | |
| 53 | + | ||
| 54 | + | 8749. This article shall not apply to a county that takes title to an abandoned endowment care cemetery pursuant to Chapter 6 (commencing with Section 8800). | |
| 55 | + | ||
| 56 | + | 8749. This article shall not apply to a county that takes title to an abandoned endowment care cemetery pursuant to Chapter 6 (commencing with Section 8800). | |
| 57 | + | ||
| 58 | + | 8749. This article shall not apply to a county that takes title to an abandoned endowment care cemetery pursuant to Chapter 6 (commencing with Section 8800). | |
| 48 | 59 | ||
| 49 | 60 | ||
| 50 | 61 | ||
| 62 | + | 8749. This article shall not apply to a county that takes title to an abandoned endowment care cemetery pursuant to Chapter 6 (commencing with Section 8800). | |
| 51 | 63 | ||
| 52 | - | This | |
| 64 | + | SEC. 2. Chapter 6 (commencing with Section 8800) is added to Part 3 of Division 8 of the Health and Safety Code, to read: CHAPTER 6. Abandonment of Endowment Care Cemeteries8800. For purposes of this chapter, abandoned endowment care cemetery means a cemetery for which an endowment care fund was maintained, that was formerly licensed by the bureau, and for which the certificate of authority has been canceled, surrendered, or revoked and ownership has not been transferred pursuant to Section 8585 within one year of the cancellation, surrender, or revocation.8801. (a) Upon the expiration of the one-year period described in Section 8800, fee title of an abandoned care cemetery shall vest in the county in which the cemetery is located and shall be recorded with the county.(b) Any county acquiring fee title to a cemetery pursuant to this section shall be responsible for the care, maintenance, and embellishment of the abandoned endowment care cemetery, and shall only use the property for cemetery purposes.8802. (a) Upon the transfer of title described in Section 8801, the county shall also take title of any endowment care funds of the prior cemetery authority held by the bureau pursuant to Section 7613.11 of the Business and Professions Code, and shall take possession of all necessary books, records, real property, personal property, and assets of the fund.(b) The assets of the fund described in subdivision (a) shall be liquidated, and the proceeds shall be placed in a special fund within the county treasury. The moneys within the special fund shall only be expended on care, maintenance, or embellishment of the abandoned endowment care cemetery. 8803. A county that acquires title to an abandoned endowment care cemetery shall keep a record of, and honor, all remaining contracts for burial executed by the prior cemetery authority. | |
| 53 | 65 | ||
| 66 | + | SEC. 2. Chapter 6 (commencing with Section 8800) is added to Part 3 of Division 8 of the Health and Safety Code, to read: | |
| 54 | 67 | ||
| 68 | + | ### SEC. 2. | |
| 55 | 69 | ||
| 56 | - | ||
| 70 | + | CHAPTER 6. Abandonment of Endowment Care Cemeteries8800. For purposes of this chapter, abandoned endowment care cemetery means a cemetery for which an endowment care fund was maintained, that was formerly licensed by the bureau, and for which the certificate of authority has been canceled, surrendered, or revoked and ownership has not been transferred pursuant to Section 8585 within one year of the cancellation, surrender, or revocation.8801. (a) Upon the expiration of the one-year period described in Section 8800, fee title of an abandoned care cemetery shall vest in the county in which the cemetery is located and shall be recorded with the county.(b) Any county acquiring fee title to a cemetery pursuant to this section shall be responsible for the care, maintenance, and embellishment of the abandoned endowment care cemetery, and shall only use the property for cemetery purposes.8802. (a) Upon the transfer of title described in Section 8801, the county shall also take title of any endowment care funds of the prior cemetery authority held by the bureau pursuant to Section 7613.11 of the Business and Professions Code, and shall take possession of all necessary books, records, real property, personal property, and assets of the fund.(b) The assets of the fund described in subdivision (a) shall be liquidated, and the proceeds shall be placed in a special fund within the county treasury. The moneys within the special fund shall only be expended on care, maintenance, or embellishment of the abandoned endowment care cemetery. 8803. A county that acquires title to an abandoned endowment care cemetery shall keep a record of, and honor, all remaining contracts for burial executed by the prior cemetery authority. | |
| 57 | 71 | ||
| 58 | - | SEC. 2.SECTION 1. Chapter 6 (commencing with Section 8800) is added to Part 3 of Division 8 of the Health and Safety Code, to read: | |
| 59 | - | ||
| 60 | - | ### SEC. 2.SECTION 1. | |
| 61 | - | ||
| 62 | - | CHAPTER 6. Abandonment of Endowment Care Cemeteries8800. For purposes of this chapter, abandoned endowment care cemetery means a cemetery for which an endowment care fund was maintained, that was formerly licensed by the bureau, and for which the certificate of authority has been canceled, surrendered, or revoked and ownership has not been transferred pursuant to Section 8585 within one year of the cancellation, surrender, or revocation.8801. (a) Upon the expiration of the one-year period described in Section 8800, fee title of an abandoned care cemetery shall vest in the county in which the cemetery is located and shall be recorded with the county. the bureau shall notify the local agency formation commission for the county in which the abandoned endowment care cemetery is located that there is an abandoned endowment care cemetery in that county. (b) No later than 30 days following the notification from the bureau described in subdivision (a), the local agency formation commission shall commence proceedings to identify a local agency take over the care, maintenance, and embellishment of the abandoned endowment care cemetery. The local agency formation commission shall complete its proceedings and identify the receiving local agency within six months of receiving the notification from the bureau. (c) Upon completion of the proceeding described in subdivision (b), fee title of an abandoned endowment care cemetery shall vest in, and be recorded with, the local agency identified by the local agency formation commission. (b)(d) Any county local agency acquiring fee title to a cemetery pursuant to this section shall be responsible for the care, maintenance, and embellishment of the abandoned endowment care cemetery, and shall only use the property for uses consistent with cemetery purposes.8802. (a) Upon the transfer of title described in Section 8801, the county local agency shall also take title of any endowment care funds of the prior cemetery authority held by the bureau pursuant to Section 7613.11 of the Business and Professions Code, and shall take possession of all necessary books, records, real property, personal property, and assets of the fund.(b) The assets of the fund described in subdivision (a) shall be liquidated, and the proceeds shall be placed in a special fund within the county treasury. fund. The moneys within the special fund shall only be expended on care, maintenance, or embellishment of the abandoned endowment care cemetery. cemetery acquired by the local agency pursuant to this chapter and for which the endowment care funds were maintained.8803. A county local agency that acquires title to an abandoned endowment care cemetery shall keep a record of, and honor, all remaining contracts for burial executed by the prior cemetery authority. | |
| 63 | - | ||
| 64 | - | CHAPTER 6. Abandonment of Endowment Care Cemeteries8800. For purposes of this chapter, abandoned endowment care cemetery means a cemetery for which an endowment care fund was maintained, that was formerly licensed by the bureau, and for which the certificate of authority has been canceled, surrendered, or revoked and ownership has not been transferred pursuant to Section 8585 within one year of the cancellation, surrender, or revocation.8801. (a) Upon the expiration of the one-year period described in Section 8800, fee title of an abandoned care cemetery shall vest in the county in which the cemetery is located and shall be recorded with the county. the bureau shall notify the local agency formation commission for the county in which the abandoned endowment care cemetery is located that there is an abandoned endowment care cemetery in that county. (b) No later than 30 days following the notification from the bureau described in subdivision (a), the local agency formation commission shall commence proceedings to identify a local agency take over the care, maintenance, and embellishment of the abandoned endowment care cemetery. The local agency formation commission shall complete its proceedings and identify the receiving local agency within six months of receiving the notification from the bureau. (c) Upon completion of the proceeding described in subdivision (b), fee title of an abandoned endowment care cemetery shall vest in, and be recorded with, the local agency identified by the local agency formation commission. (b)(d) Any county local agency acquiring fee title to a cemetery pursuant to this section shall be responsible for the care, maintenance, and embellishment of the abandoned endowment care cemetery, and shall only use the property for uses consistent with cemetery purposes.8802. (a) Upon the transfer of title described in Section 8801, the county local agency shall also take title of any endowment care funds of the prior cemetery authority held by the bureau pursuant to Section 7613.11 of the Business and Professions Code, and shall take possession of all necessary books, records, real property, personal property, and assets of the fund.(b) The assets of the fund described in subdivision (a) shall be liquidated, and the proceeds shall be placed in a special fund within the county treasury. fund. The moneys within the special fund shall only be expended on care, maintenance, or embellishment of the abandoned endowment care cemetery. cemetery acquired by the local agency pursuant to this chapter and for which the endowment care funds were maintained.8803. A county local agency that acquires title to an abandoned endowment care cemetery shall keep a record of, and honor, all remaining contracts for burial executed by the prior cemetery authority. | |
| 72 | + | CHAPTER 6. Abandonment of Endowment Care Cemeteries8800. For purposes of this chapter, abandoned endowment care cemetery means a cemetery for which an endowment care fund was maintained, that was formerly licensed by the bureau, and for which the certificate of authority has been canceled, surrendered, or revoked and ownership has not been transferred pursuant to Section 8585 within one year of the cancellation, surrender, or revocation.8801. (a) Upon the expiration of the one-year period described in Section 8800, fee title of an abandoned care cemetery shall vest in the county in which the cemetery is located and shall be recorded with the county.(b) Any county acquiring fee title to a cemetery pursuant to this section shall be responsible for the care, maintenance, and embellishment of the abandoned endowment care cemetery, and shall only use the property for cemetery purposes.8802. (a) Upon the transfer of title described in Section 8801, the county shall also take title of any endowment care funds of the prior cemetery authority held by the bureau pursuant to Section 7613.11 of the Business and Professions Code, and shall take possession of all necessary books, records, real property, personal property, and assets of the fund.(b) The assets of the fund described in subdivision (a) shall be liquidated, and the proceeds shall be placed in a special fund within the county treasury. The moneys within the special fund shall only be expended on care, maintenance, or embellishment of the abandoned endowment care cemetery. 8803. A county that acquires title to an abandoned endowment care cemetery shall keep a record of, and honor, all remaining contracts for burial executed by the prior cemetery authority. | |
| 65 | 73 | ||
| 66 | 74 | CHAPTER 6. Abandonment of Endowment Care Cemeteries | |
| 67 | 75 | ||
| 68 | 76 | CHAPTER 6. Abandonment of Endowment Care Cemeteries | |
| 69 | 77 | ||
| 70 | 78 | 8800. For purposes of this chapter, abandoned endowment care cemetery means a cemetery for which an endowment care fund was maintained, that was formerly licensed by the bureau, and for which the certificate of authority has been canceled, surrendered, or revoked and ownership has not been transferred pursuant to Section 8585 within one year of the cancellation, surrender, or revocation. | |
| 71 | 79 | ||
| 72 | 80 | ||
| 73 | 81 | ||
| 74 | 82 | 8800. For purposes of this chapter, abandoned endowment care cemetery means a cemetery for which an endowment care fund was maintained, that was formerly licensed by the bureau, and for which the certificate of authority has been canceled, surrendered, or revoked and ownership has not been transferred pursuant to Section 8585 within one year of the cancellation, surrender, or revocation. | |
| 75 | 83 | ||
| 76 | - | 8801. (a) Upon the expiration of the one-year period described in Section 8800, fee title of an abandoned care cemetery shall vest in the county in which the cemetery is located and shall be recorded with the county. | |
| 84 | + | 8801. (a) Upon the expiration of the one-year period described in Section 8800, fee title of an abandoned care cemetery shall vest in the county in which the cemetery is located and shall be recorded with the county.(b) Any county acquiring fee title to a cemetery pursuant to this section shall be responsible for the care, maintenance, and embellishment of the abandoned endowment care cemetery, and shall only use the property for cemetery purposes. | |
| 77 | 85 | ||
| 78 | 86 | ||
| 79 | 87 | ||
| 80 | - | 8801. (a) Upon the expiration of the one-year period described in Section 8800, fee title of an abandoned care cemetery shall vest in the county in which the cemetery is located and shall be recorded with the county. | |
| 88 | + | 8801. (a) Upon the expiration of the one-year period described in Section 8800, fee title of an abandoned care cemetery shall vest in the county in which the cemetery is located and shall be recorded with the county. | |
| 81 | 89 | ||
| 82 | - | (b) | |
| 90 | + | (b) Any county acquiring fee title to a cemetery pursuant to this section shall be responsible for the care, maintenance, and embellishment of the abandoned endowment care cemetery, and shall only use the property for cemetery purposes. | |
| 83 | 91 | ||
| 84 | - | (c) Upon completion of the proceeding described in subdivision (b), fee title of an abandoned endowment care cemetery shall vest in, and be recorded with, the local agency identified by the local agency formation commission. | |
| 85 | - | ||
| 86 | - | (b) | |
| 92 | + | 8802. (a) Upon the transfer of title described in Section 8801, the county shall also take title of any endowment care funds of the prior cemetery authority held by the bureau pursuant to Section 7613.11 of the Business and Professions Code, and shall take possession of all necessary books, records, real property, personal property, and assets of the fund.(b) The assets of the fund described in subdivision (a) shall be liquidated, and the proceeds shall be placed in a special fund within the county treasury. The moneys within the special fund shall only be expended on care, maintenance, or embellishment of the abandoned endowment care cemetery. | |
| 87 | 93 | ||
| 88 | 94 | ||
| 89 | 95 | ||
| 90 | - | ( | |
| 96 | + | 8802. (a) Upon the transfer of title described in Section 8801, the county shall also take title of any endowment care funds of the prior cemetery authority held by the bureau pursuant to Section 7613.11 of the Business and Professions Code, and shall take possession of all necessary books, records, real property, personal property, and assets of the fund. | |
| 91 | 97 | ||
| 92 | - | 8802. (a) Upon the transfer of title described in Section 8801, the county local agency shall also take title of any endowment care funds of the prior cemetery authority held by the bureau pursuant to Section 7613.11 of the Business and Professions Code, and shall take possession of all necessary books, records, real property, personal property, and assets of the fund.(b) The assets of the fund described in subdivision (a) shall be liquidated, and the proceeds shall be placed in a special fund within the county treasury. fund. The moneys within the special fund shall only be expended on care, maintenance, or embellishment of the abandoned endowment care cemetery. cemetery acquired by the local agency pursuant to this chapter and for which the endowment care funds were maintained. | |
| 98 | + | (b) The assets of the fund described in subdivision (a) shall be liquidated, and the proceeds shall be placed in a special fund within the county treasury. The moneys within the special fund shall only be expended on care, maintenance, or embellishment of the abandoned endowment care cemetery. | |
| 99 | + | ||
| 100 | + | 8803. A county that acquires title to an abandoned endowment care cemetery shall keep a record of, and honor, all remaining contracts for burial executed by the prior cemetery authority. | |
| 93 | 101 | ||
| 94 | 102 | ||
| 95 | 103 | ||
| 96 | - | ||
| 104 | + | 8803. A county that acquires title to an abandoned endowment care cemetery shall keep a record of, and honor, all remaining contracts for burial executed by the prior cemetery authority. | |
| 97 | 105 | ||
| 98 | - | ||
| 106 | + | SEC. 3. 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 Abandoned Nonendowment Care Cemeteries | |
| 99 | 107 | ||
| 100 | - | 8803. A county local agency that acquires title to an abandoned endowment care cemetery shall keep a record of, and honor, all remaining contracts for burial executed by the prior cemetery authority. | |
| 101 | - | ||
| 102 | - | ||
| 103 | - | ||
| 104 | - | 8803. A county local agency that acquires title to an abandoned endowment care cemetery shall keep a record of, and honor, all remaining contracts for burial executed by the prior cemetery authority. | |
| 105 | - | ||
| 106 | - | SEC. 3.SEC. 2. 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. Abandoned Nonendowment Care Cemeteries | |
| 107 | - | ||
| 108 | - | SEC. 3.SEC. 2. 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: | |
| 109 | - | ||
| 110 | - | ### SEC. 3.SEC. 2. | |
| 111 | - | ||
| 112 | - | CHAPTER 7. Abandoned Nonendowment Care Cemeteries | |
| 113 | - | ||
| 114 | - | CHAPTER 7. Abandoned Nonendowment Care Cemeteries | |
| 115 | - | ||
| 116 | - | CHAPTER 7. Abandoned Nonendowment Care Cemeteries | |
| 117 | - | ||
| 118 | - | CHAPTER 7. Abandoned Nonendowment Care Cemeteries | |
| 119 | - | ||
| 120 | - | ||
| 121 | - | ||
| 122 | - | SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
| 123 | - | ||
| 124 | - | SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
| 125 | - | ||
| 126 | - | SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
| 108 | + | SEC. 3. 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: | |
| 127 | 109 | ||
| 128 | 110 | ### SEC. 3. | |
| 111 | + | ||
| 112 | + | CHAPTER 7. Abandonment Abandoned Nonendowment Care Cemeteries | |
| 113 | + | ||
| 114 | + | CHAPTER 7. Abandonment Abandoned Nonendowment Care Cemeteries | |
| 115 | + | ||
| 116 | + | CHAPTER 7. Abandonment Abandoned Nonendowment Care Cemeteries | |
| 117 | + | ||
| 118 | + | CHAPTER 7. Abandonment Abandoned Nonendowment Care Cemeteries | |
| 119 | + | ||
| 120 | + | SEC. 4. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
| 121 | + | ||
| 122 | + | SEC. 4. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
| 123 | + | ||
| 124 | + | SEC. 4. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
| 125 | + | ||
| 126 | + | ### SEC. 4. |