BILL NUMBER: AB 1519 AMENDED
AMENDED IN SENATE JUNE 17, 2008
AMENDED IN SENATE MAY 27, 2008
AMENDED IN SENATE APRIL 21, 2008
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
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
The California Science Center, within the State and Consumer
Services Agency, is administered by a 9-member board of directors,
appointed by the Governor.
Existing law provides that the Department of Justice is composed
of the Office of the Attorney General, and other divisions, bureaus,
branches, sections, or other units as the Attorney General may
create. The Attorney General is head of the Department of Justice,
and has charge of all legal matters in which the state is interested,
subject to certain exceptions.
This bill would, with certain exceptions, prohibit the public
commercial display of human remains, as defined, without a permit
for each specimen of human remains displayed from the
California Science Center department .
The bill would authorize require the
center department to issue a permit for
this purpose only upon the center's
department's determination that the person
exhibitor, as defined, has met the
specified requirements to exhibit human remains,
which the bill would require to be adopted by the center as
regulations, as provided. The bill would require the regulations to
include including , but not be
limited to, a requirement that the person
exhibitor has obtained valid written
authorization from specified individuals to publicly display human
remains, as provided. The bill would require
authorize the center department
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
department , 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 commercial display of
human remains. The bill would further provide that violation of its
provisions is punishable by a civil penalty.
Vote: majority. Appropriation: no. Fiscal committee: 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
(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 commercial 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 commercial display of human remains 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
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
(a) "Commercial display" 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
(b) "Department" means the Department of Justice.
(c) "Exhibitor" means a person or entity who publicly
displays or contracts to publicly display human remains.
(d) "Human remains" means all or part of the body of a
deceased person, regardless of the stage of decomposition.
(e) "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
7071. (a) Except as provided in subdivision (b), a public
commercial display of human remains is prohibited unless a permit for
the each specimen of human remains featured
in the commercial display has been issued by the
California Science Center department pursuant to
(b) This section shall not apply to a display of human remains
that is any of the following:
(1) More than 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
(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 specimen
displayed in violation of this section .
7072. (a) (1) The California Science Center may issue a permit to
any person for the purpose described in Section 7071 only upon a
determination by 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 publicly display human remains for consideration has
been obtained from any of the following individuals:
7072. (a) The department shall issue a permit for
the public commercial display of human remains only upon a
determination that the exhibitor has met both of the following
(1) (A) Obtained valid written authorization to publicly display
the human remains from any of the following individuals:
(i) The decedent, including, but not limited to,
authorization given by will.
(ii) A person authorized to make an anatomical gift
under Section 7150.15 or 7150.40.
(B) If the human remains are of a minor, the valid
written authorization required by paragraph (1)
subparagraph (A) shall be executed by the minor's parents
or legal guardians.
(2) Provided written documentation demonstrating the source of the
human remains. The department shall adopt regulations that prescribe
standards for purposes of meeting the requirements of this
(b) (1) The amount of the department may
charge a fee for a permit issued pursuant to this
section shall be determined by the California Science Center, and
this section. The fee shall be no
more than what is reasonably necessary to fund the administration of
(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 department , 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 the
producer of a motion picture or other visual or audiovisual work, 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 images of human remains
, including over the Internet.
7075. (a) Notwithstanding
any other provision of law, the California Science Center
department 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
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 commercial display of human remains. 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.