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:
yesno . 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 profitaccepts 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. AIf 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 departmentcounty 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)).