California 2019-2020 Regular Session Status: Enacted 1 D cosponsors

AB 795 — Private cemeteries: endowment funds.

Last action — Chaptered by Secretary of State - Chapter 309, Statutes of 2019.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 20, 2019. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 5 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law authorizes a cemetery authority that maintains a private cemetery to place its cemetery under endowment care and to operate an endowment care fund. Existing law requires the principal of all funds for endowment care to be invested, and only the income to be used for the care of the cemetery. The term "income," for these purposes, means the distribution under either the net income distribution method or the unitrust distribution method. Existing law requires an endowment fund to be subject to a net income distribution method, and authorizes, on or after January 1, 2020, a cemetery authority to apply to the Cemetery and Funeral Bureau to convert its fund to a unitrust distribution method. The board is required to approve an application to convert a fund if certain conditions are met, including, the compensation to the trustee of the fund is limited to 0.1 % of the net fair market value of the assets as of the last trading day for each of the 3 preceding fiscal years. This bill would instead authorize a cemetery authority to convert to a unitrust distribution method on or after January 1, 2021. The bill would additionally modify the requirements to convert an endowment care fund from a net income distribution method to a unitrust distribution method by requiring the compensation of the trustee, as defined, to be reasonable and meet specified requirements based on the net fair market value, as defined, of the endowment care fund. The bill would additionally prohibit the principal and income of the trust fund of a cemetery from being seized in any proceeding by any private entity, and would limit the use of the principal and income of the trust fund if it is seized by a public entity. The bill would additionally limit the use of the principal and income of the trust fund if ownership of the cemetery authority is transferred, as specified.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 309, Statutes of 2019.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 3:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 77. Noes 0. Page 2659.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 9 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 2057.).

  7. Ordered to special consent calendar.

  8. Read second time and amended. Ordered to third reading.

  9. From committee: Amend, and do pass as amended. (Ayes 9. Noes 0.) (June 24).

  10. In committee: Hearing postponed by committee.

  11. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B., P. & E.D.

  12. Referred to Com. on B., P. & E.D.

  13. In Senate. Read first time. To Com. on RLS. for assignment.

  14. Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 0. Page 1254.)

  15. Read second time. Ordered to third reading.

  16. Read second time and amended. Ordered returned to second reading.

  17. From committee: Amend, and do pass as amended. (Ayes 12. Noes 0.) (April 2).

  18. In committee: Set, first hearing. Hearing canceled at the request of author.

  19. Referred to Com. on JUD.

  20. From printer. May be heard in committee March 23.

  21. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 795 Irwin Concurrence in Senate Amendments

Passed 77 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 50002
Democratic 22000
Republican 5000
Total 77002
% of votes cast 97%0%0%3%
How each member voted (79)
Member Party Vote
Mathis — Yea
Cooley — Yea
Diep — Yea
Chau — Yea
Quirk — Yea
Low — Yea
Burke — Yea
Cooper — Yea
Rendon — Yea
Smith — Yea
Cunningham — Yea
Gonzalez — Yea
Bloom — Yea
Voepel — Yea
Rodriguez — Yea
Chiu — Yea
Gray — Yea
Maienschein — Yea
Mullin — Yea
Kamlager-Dove — Yea
Medina — Yea
Chu — Yea
Ting — Yea
O'Donnell — Yea
Waldron — Yea
Salas — Yea
Brough — Yea
Gloria — Yea
Obernolte — Yea
Holden — Yea
Daly — Yea
Jones-Sawyer — Yea
Friedman — Yea
Nazarian — Yea
Weber — Yea
Fong — Yea
Kiley — Yea
Mayes — Yea
Bigelow — Yea
Santiago — Yea
Eggman — Yea
Levine — Yea
Wood — Yea
Melendez — Yea
Frazier — Not Voting
McCarty — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Luz Rivas — Yea
Mark Stone — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Special Consent AB795

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 26001
Democratic 10000
Republican 3000
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Rubio — Yea
Monning — Yea
Wieckowski — Yea
Mitchell — Yea
Bradford — Yea
Wilk — Yea
Beall — Yea
Atkins — Yea
Hill — Yea
Roth — Yea
Morrell — Yea
Hueso — Yea
Leyva — Yea
Dodd — Yea
Moorlach — Yea
Skinner — Yea
Allen — Yea
Galgiani — Yea
Hertzberg — Yea
Portantino — Yea
Bates — Yea
Glazer — Yea
Nielsen — Yea
Chang — Yea
Pan — Yea
Borgeas — Not Voting
Mark Stone — Yea
Archuleta, Bob Democratic Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass as amended

Passed 9 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 8000
Democratic 1000
Total 9000
% of votes cast 100%0%0%0%
How each member voted (9)
Member Party Vote
Dodd — Yea
Galgiani — Yea
Hill — Yea
Glazer — Yea
Wilk — Yea
Chang — Yea
Pan — Yea
Leyva — Yea
Archuleta, Bob Democratic Yea

Official roll call →

AB 795 Irwin Assembly Third Reading

Passed 78 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 47001
Republican 7000
Democratic 24001
Total 78002
% of votes cast 98%0%0%3%
How each member voted (80)
Member Party Vote
Mathis — Yea
Cooley — Yea
Diep — Yea
Chau — Yea
Quirk — Yea
Low — Yea
Burke — Yea
Cooper — Yea
Rendon — Yea
Smith — Yea
Cunningham — Yea
Gonzalez — Yea
Bloom — Yea
Voepel — Yea
Rodriguez — Yea
Chiu — Yea
Gray — Yea
Maienschein — Yea
Mullin — Yea
Kamlager-Dove — Yea
Medina — Yea
Chu — Yea
Ting — Yea
McCarty — Yea
O'Donnell — Yea
Waldron — Yea
Salas — Yea
Brough — Yea
Gloria — Yea
Obernolte — Yea
Holden — Yea
Daly — Yea
Jones-Sawyer — Yea
Friedman — Yea
Nazarian — Yea
Weber — Yea
Kiley — Yea
Mayes — Yea
Frazier — Yea
Bigelow — Yea
Santiago — Yea
Eggman — Yea
Levine — Yea
Wood — Yea
Melendez — Yea
Cristina Garcia — Yea
Eduardo Garcia — Not Voting
Mark Stone — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Not Voting
Bauer-Kahan, Rebecca Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea
Patterson, Joe Republican Yea

Official roll call →

Do pass as amended.

Passed 12 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 8000
Democratic 3000
Republican 1000
Total 12000
% of votes cast 100%0%0%0%
How each member voted (12)
Member Party Vote
Kiley — Yea
Obernolte — Yea
Chiu — Yea
Maienschein — Yea
Holden — Yea
Gonzalez — Yea
Chau — Yea
Mark Stone — Yea
Kalra, Ash Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Yea

Official roll call →

Subjects

finance
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 795 do?
Existing law authorizes a cemetery authority that maintains a private cemetery to place its cemetery under endowment care and to operate an endowment care fund. Existing law requires the principal of all funds for endowment care to be invested, and only the income to be used for the care of the cemetery. The term "income," for these purposes, means the distribution under either the net income distribution method or the unitrust distribution method. Existing law requires an endowment fund to be subject to a net income distribution method, and authorizes, on or after January 1, 2020, a cemetery authority to apply to the Cemetery and Funeral Bureau to convert its fund to a unitrust distribution method. The board is required to approve an application to convert a fund if certain conditions are met, including, the compensation to the trustee of the fund is limited to 0.1 % of the net fair market value of the assets as of the last trading day for each of the 3 preceding fiscal years. This bill would instead authorize a cemetery authority to convert to a unitrust distribution method on or after January 1, 2021. The bill would additionally modify the requirements to convert an endowment care fund from a net income distribution method to a unitrust distribution method by requiring the compensation of the trustee, as defined, to be reasonable and meet specified requirements based on the net fair market value, as defined, of the endowment care fund. The bill would additionally prohibit the principal and income of the trust fund of a cemetery from being seized in any proceeding by any private entity, and would limit the use of the principal and income of the trust fund if it is seized by a public entity. The bill would additionally limit the use of the principal and income of the trust fund if ownership of the cemetery authority is transferred, as specified.
Who sponsors AB 795?
AB 795 is sponsored by Irwin, Jacqui (Democratic).
What is the current status of AB 795?
This bill has been enacted into law. Introduced February 20, 2019. Enacted.
Where can I track AB 795?
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