BILL NUMBER: AB 1519 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 24, 2008
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.
The California Science Center, within the State and Consumer
Services Agency, is administered by a 9-member board of directors,
appointed by the Governor.
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
California Science Center . The bill would
, if the county elects to establish a permit program,
authorize a county the center
to issue a permit for this purpose only upon the county's
center's determination that the person has
provided met the requirements to exhibit
human remains, which the bi ll would require to be adopted
by the center as regulations, as provided. The bill would require
the regulations to include, but not be limited to, a requirement that
the person has obtained valid written authorization from
specified individuals to display human remains for
consideration commercial purposes , as provided.
The bill would require the center to establish a permit fee, as
provided, and would require the revenue from these fees to be
deposited in the Human Remains Exhibit Permit Fund, which this bill
would create. The bill would require moneys in the fund to be
available to the center, upon appropriation by the Legislature, for
the purpose of funding the administration of the permit program. The
bill would also provide that its provisions do not preempt more
restrictive local regulation of the public display of human remains
for commercial purposes. The bill would further
provide that violation of its provisions is punishable by a civil
penalty.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . 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 specific to the
public exhibition and display of human remains 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 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 California Science
Center , 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 80 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. If a county elects to establish a permit program under this
chapter, a county
7072. (a) The California
Science Center may issue a permit to any person for the purpose
described in Section 7071 only upon a determination by the
county public health official, or his or her designee, that the
person has provided valid the director that the person
has met the requirements to exhibit human remains, which shall be
adopted as regulations by the California Science Center in accordance
with subdivision (a) of Section 7075. The regulations shall include,
but need not be limited to, a requirement that valid
written authorization to display human remains for consideration
has been obtained from any of the following individuals:
(a)
(1) The decedent, including, but not limited to,
authorization given by will.
(b)
(2) Any person authorized to make an anatomical gift
under Section 7150.15 or 7150.40.
(b) (1) The amount of the fee for a permit issued pursuant to this
section shall be determined by the California Science Center, and
shall be no more than what is reasonably necessary to fund the
administration of this chapter.
(2) The fees collected pursuant to paragraph (1) shall be
deposited in the Human Remains Exhibit Permit Fund, which is hereby
created in the State Treasury. Moneys in the fund, and,
notwithstanding Section 16305.7 of the Government Code, any interest
earned on moneys in the fund, shall be available to the center, upon
appropriation by the Legislature, for purposes of administering this
chapter.
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)).
7074. Nothing in this chapter shall be construed to apply to the
publisher of any newspaper, periodical, or other publication, or a
motion picture or film production, or any radio or television
broadcaster, or the owner or operator of any cable, satellite, or
other medium of communication who broadcasts, produces or publishes,
including over the Internet.
7075. (a) Notwithstanding any other provision of law, the
California Science Center shall, in accordance with Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code, promulgate regulations necessary for the
implementation of this chapter, including, but not limited to,
regulations that prescribe the requirements described in Section
7072.
(b) Notwithstanding any other provision of law, whenever the
center is authorized or required by statute, regulation, or due
process (14th Amendment to the United States Constitution and
subdivision (a) of Section 7 of Article I of the California
Constitution) to conduct an adjudicative hearing leading to a final
decision of the director of the center, the proceeding shall be
conducted pursuant to the administrative adjudication provisions of
Chapter 4.5 (commencing with Section 11400) and Chapter 5 (commencing
with Section 11500) of Part 1 of Division 3 of Title 2 of the
Government Code.
7076. Nothing in this chapter shall preempt local regulation of
the public display of human remains for commercial purposes. An
ordinance passed by a local governing body either before or after
January 1, 2009, on the same subject is not preempted provided that
the restrictions contained therein are more restrictive than those
contained in regulations adopted pursuant to this chapter.