BILL NUMBER: AB 1519	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JANUARY 17, 2008
	AMENDED IN ASSEMBLY  JANUARY 7, 2008
	AMENDED IN ASSEMBLY  MAY 8, 2007

INTRODUCED BY   Assembly Member Ma

                        FEBRUARY 23, 2007

   An act to add Chapter 2.5 (commencing with Section 7070) to Part 1
of Division 7 of the Health and Safety Code, relating to human
remains.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1519, as amended, Ma. Human remains: commercial display.
   Existing law, the Uniform Anatomical Gift Act, regulates the
making of anatomical gifts and the disposition of donated bodies and
body parts.
   This bill would, with certain exceptions, prohibit any person from
displaying human remains to the public for commercial purposes, as
defined, without first obtaining a permit from the county. The bill
would  , if the county elects to establish a permit program,
 authorize a county to issue a permit for this purpose only upon
the county's determination that the person has provided valid
written authorization from specified individuals to display human
remains for consideration, as provided. The bill would provide that
violation of its provisions is punishable by a civil penalty.
   Vote: majority. Appropriation: no. Fiscal committee:  yes
  no  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a)  The Uniform Anatomical Gift Act requires any donor and
specified authorized individuals to authorize the use of anatomical
gifts for transplantation, therapy, research, and education purposes.

   (b) Every city, county, or state official responsible for the
remains of unclaimed dead bodies is required to use due diligence to
notify the relatives of the decedent.
   (c) The public display of human remains must be regulated to
protect individual bodily integrity, as well as the social and
cultural values of the state.
   (d) It is the intent of the Legislature to require persons who
participate in the public display of human remains for commercial
purposes to provide evidence of informed consent from the decedent or
relatives of all humans whose remains are put on display, and to
provide for the continued use of human remains in the educational,
medical, and scientific communities to promote human health and
safety.
  SEC. 2.  Chapter 2.5 (commencing with Section 7070) is added to
Part 1 of Division 7 of the Health and Safety Code, to read:
      CHAPTER 2.5.  COMMERCIAL DISPLAY OF HUMAN REMAINS


   7070.  As used in this chapter, the following terms shall have the
following meanings:
   (a) "Commercial purposes" means either of the following:
   (1) A display for which the public is charged a fee or other
consideration as a condition of viewing.
   (2) A display for which an exhibitor  earns a profit
  accepts payment or other consideration  .
   (b) "Exhibitor" means a person or entity who shows or puts on, or
contracts to show or put on, a temporary public display of human
remains.
   (c) "Museum facility" means a public or private nonprofit
institution that is accredited by the American Association of Museums
or is a part of an accredited college or university, and that is
organized on a permanent basis for essentially educational or
aesthetic purposes and that owns or uses tangible objects, cares for
those objects, and exhibits them to the general public on a regular
basis.
   7071.  (a) Except as provided in subdivision (b), a person shall
not display human remains to the public for commercial purposes
without first obtaining a permit issued by the county  where the
human remains will be displayed  , as described in Section 7072.

   (b)  This section shall not apply to a display of human remains
that is any of the following:
   (1) More than 100 years old.
   (2) Consisting solely of human teeth or hair.
   (3) Part of the ordinary display or viewing of the deceased at a
funeral establishment or part of a similar funeral or memorial
service.
   (4) An object of religious veneration.
   (5) In the possession of a museum facility. However, if the museum
facility paid  or offered other consideration to  an
exhibitor to display the remains, and the remains are not exempt from
this chapter pursuant to paragraphs (1) to (4), inclusive, the
exhibitor shall be required to obtain a permit pursuant to Section
7072.
   (c) Any person who violates this section shall be subject to a
civil penalty of  an amount that does not exceed  ten
thousand dollars ($10,000)  for each violation  .
   7072.   A  If a county elects to establish a
permit program under this chapter, a  county may issue a permit
to any person for the purpose described in Section 7071 only upon a
determination by the  appropriate county agency or department
  county public health official, or his or her
designee,  that the person has provided valid written
authorization to display human remains for consideration from any of
the following individuals:
   (a) The decedent, including, but not limited to, authorization
given by will.
   (b) Any person authorized to make an anatomical gift under Section
7150.15 or 7150.40.
   7073.  Nothing in this chapter shall be construed to apply to the
utilization of human remains in a manner that meets the purposes set
forth in the Uniform Anatomical Gift Act (Chapter 3.5 (commencing
with Section 7150)).