AMENDED IN ASSEMBLY AUGUST 11, 2026

AMENDED IN ASSEMBLY JULY 2, 2026

AMENDED IN SENATE APRIL 23, 2026

AMENDED IN SENATE MARCH 24, 2026

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

94

Introduced by Senator Grove

February 17, 2026

An act to add Sections 9032 and 9033 to the Health and Safety Code, relating to public cemetery districts.

Vote: majority   Appropriation: no   Fiscal committee: no   Local program: no

LEGISLATIVE COUNSEL’S DIGEST

Existing law, the Public Cemetery District Law, contains various provisions relating to the establishment of public cemetery districts, including the formation of a district, the selection of a district governing board, and the powers and duties of the board. Existing law sets the term of office for a member of the board of trustees at 4 years, subject to certain exceptions, and prohibits a board of supervisors from reducing the term of office of a trustee once the trustee has been appointed to that term.

This bill would authorize the board of trustees of a public cemetery district in the County of Tulare to adopt a resolution to remove a trustee for specified causes, including substantial neglect of duty, gross misconduct in office, or causing the board to be unable to discharge its duties. Prior to removal, the bill would entitle the trustee to notice and opportunity to respond to the proposed removal, as specified. If a board of trustees of a public cemetery district in the County of Tulare adopts a resolution that orders the removal of a trustee, the bill would require the Tulare County Board of Supervisors to promptly appoint a person to the board of trustees to fulfill the remaining term of office, as specified.

This bill would authorize the Tulare County Board of Supervisors to adopt a resolution to remove a trustee from the board of trustees of a public cemetery district in the County of Tulare for specified causes, including, but not limited to, gross misconduct in office. The bill would require the resolution to be considered at a public hearing, as specified. After receiving and considering comments at the public hearing, the bill would authorize the Tulare County Board of Supervisors to adopt a resolution that orders the removal of the trustee, pursuant to certain requirements. If the Tulare County Board of Supervisors adopts a resolution that orders the removal of the trustee, the bill would require the board of supervisors to promptly appoint a person to the board of trustees to fulfill the remaining term of office, as specified.

This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Tulare.

The people of the State of California do enact as follows:

SECTION 1.

Section 9032 is added to the Health and Safety Code, to read:

9032.

(a) (1) Notwithstanding Section 9024, the board of trustees of a public cemetery district in the County of Tulare may adopt a resolution to remove a trustee for substantial neglect of duty, gross misconduct in office, or causing the board to be unable to discharge its duties. The resolution shall specify the reason for removal.

(2) A trustee who is subject to removal pursuant to paragraph (1) shall not vote on their own removal.

(b) Prior to removal pursuant to subdivision (a), a trustee shall be entitled to receive all of the following from the board of trustees:

(1) The reasons for their removal, in writing.

(2) At least one week’s written notice of the public meeting location where the board of trustees will vote on their proposed removal.

(3) The opportunity to respond to, or rebut the, reasons for their removal in writing and at the public meeting described in paragraph (2).

(c) If a board of trustees of a public cemetery district in the County of Tulare adopts a resolution that orders the removal of the trustee, the Tulare County Board of Supervisors shall promptly appoint a person to the board of trustees to fulfill the remaining term of office, consistent with subdivision (d) of Section 9033 and subdivision (c) of Section 9024.

SEC. 2.

Section 9033 is added to the Health and Safety Code, to read:

9033.

(a) Notwithstanding Section 9024, the Tulare County Board of Supervisors may adopt a resolution proposing to remove a trustee from the board of trustees of a public cemetery district in the County of Tulare for substantial neglect of duty, gross misconduct in office, or causing the board to be unable to discharge its duties. The resolution shall specify the reason for removal. The Board of Supervisors may not consider how a trustee has voted on any specific issue or action before the board of trustees as evidence or reason for the removal of the trustee except to the extent that the trustee’s participation in such a vote or action is evidence of a prohibited conflict of interest or other violation of law.

(b) Within 60 days of adopting a resolution pursuant to subdivision (a), the Tulare County Board of Supervisors shall consider the resolution at a public hearing. The Tulare County Board of Supervisors shall give notice of its hearing by publishing a notice pursuant to Section 6061 of the Government Code in at least one newspaper of general circulation within the jurisdiction of the district at least 10 days before the hearing. In addition, the Tulare County Board of Supervisors shall mail the notice at least 10 days before the hearing to the district and any other person who has filed a written request for notice with the clerk of the Tulare County Board of Supervisors.

(c) (1) At the public hearing described in subdivision (b), the Tulare County Board of Supervisors shall receive and consider any written or oral comments regarding the resolution adopted pursuant to subdivision (a). After receiving and considering those comments, the Tulare County Board of Supervisors may adopt a resolution that orders the removal of the trustee subject to the requirements of paragraph (2), as applicable.

(2) In the case of a district that has a board of trustees appointed by the board of supervisors, at the conclusion of the hearing, the board of supervisors shall make a finding regarding the value of written protests filed and not withdrawn. The board of supervisors shall also take one of the following actions:

(A) If the written protests filed and not withdrawn are less than 10 percent of the registered voters of the district, adopt a resolution, by a majority vote, that orders the removal of the trustee. In that case, the term of any trustee removed by the board of supervisors shall terminate immediately.

(B) If the written protests filed and not withdrawn are 10 percent or more of the registered voters of the district, determine that the proposed change in governance is necessary to protect the public health, safety, and welfare. If the board of supervisors makes that determination, the board of supervisors may override those protests and, by a four-fifths vote, adopt a resolution that orders the removal of the trustee. In that case, the term of any trustee removed by the board of supervisors shall terminate immediately.

(C) If the board of supervisors does not adopt a resolution pursuant to subparagraph (B), the board of supervisors shall adopt a resolution that terminates the proceedings to change the governance of the district.

(d) If the Tulare County Board of Supervisors adopts a resolution that orders the removal of the trustee, the Tulare County Board of Supervisors shall promptly appoint a person to the board of trustees to fulfill the remaining term of office, consistent with subdivision (c) of Section 9024.

SEC. 3.

The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of unique circumstances in the County of Tulare pertaining to well-documented deficiencies of management of cemetery districts within the county.