BILL NUMBER: AB 1519	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 6, 2008
	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  , and to repeal Section 7071 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. 
   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  and until January 1,
2010  ,  prohibit the public commercial display of
human remains, as defined, without a permit for each specimen of
human remains displayed from the department. The bill would require
the department to issue a permit for this purpose only upon the
department's determination that the exhibitor, as defined, has met
specified requirements including, but not limited to, a requirement
that the exhibitor has obtained valid written authorization from
specified individuals to publicly display human remains, as provided.
The bill would authorize the 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 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.   require
each exhibitor of a commercial display of human remains to
conspicuously post specified clearly legible signs, at the entrance
and the ticket office to the exhibitor's commercial display, stating
whether the exhibitor has obtained consent, as specified, to include
each body and specimen of human remains in the exhibit, as provided.
It would also require these statements to be contained in all
exhibitor advertisements, as provided.  
   The bill would, after January 1, 2010, require an exhibitor of a
commercial display of human remains to file a specified form with the
Department of Justice stating that each body and specimen in the
exhibit was donated by the decedent or by a person authorized to make
an anatomical gift. The bill would allow the department to charge a
reasonable fee to cover the costs of filing and maintaining the filed
forms. The bill would also require the exhibitor to maintain a
complete file of consent forms for all bodies and specimens in the
exhibition.  
   This bill would make an exhibitor who makes a misrepresentation on
the filed form, fails to file a form, or fails to maintain a file of
completed consent forms for all bodies and specimens in the
exhibition subject to a civil penalty of $50,000 per violation, as
defined, and would prohibit the exhibitor from continuing the
commercial display of human remains. The bill would allow enforcement
actions by individuals, city attorneys, district attorneys, or the
Attorney General and would award a prevailing plaintiff the penalty
money as well as reasonable attorney fees and costs. 
   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
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 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
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 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
consideration. 
   (b) "Department" means the Department of Justice. 

   (c) 
    (b)  "Exhibitor" means a person or entity who publicly
displays or contracts  with a museum facility or other venue
 to publicly display human remains. 
   (d) 
    (c)  "Human remains" means all or part of the body of a
deceased person, regardless of the stage of decomposition. 
   (e) 
    (d)  "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 public
commercial display of human remains is prohibited unless a permit for
each specimen of human remains featured in the commercial display
has been issued by the department pursuant to Section 7072. 

    7071.   (a) Except as provided in subdivision (g),
each exhibitor of a commercial display of human remains shall
conspicuously post clearly legible signs in at least 96-point
boldface type at the entrance and the ticket office to the exhibitor'
s commercial display, stating whether or not the exhibitor has
obtained consent from the decedent or by a person authorized to make
an anatomical gift of the decedent's remains, to include each body
and specimen of human remains in the exhibit. The signs shall contain
one of the following disclosure statements:  
   (1) "This exhibition contains human remains, including full body
cadavers, body parts, and organs, which were donated by the decedent
or by a person authorized to make an anatomical gift under Section
7150.15 or 7150.40 of the Health and Safety Code. Each body and
specimen in the exhibit was donated with full informed consent for
the express purpose of public exhibition."  
   (2) "This exhibition contains human remains, including full body
cadavers, body parts, and organs. The bodies and specimens were not
donated by the decedent or by a person authorized to make an
anatomical gift under Section 7150.15 or 7150.40 of the Health and
Safety Code. The exhibitor cannot independently verify whether the
human remains in this exhibit are not those of persons who were
incarcerated, tortured, executed, or otherwise the victim of a human
rights violation."  
   (b) The exhibitor shall also include the disclosure statement in
all advertisements of the commercial display, including, but not
limited to, Web sites, exhibit brochures, and exhibit ticket stubs.
The disclosure statement contained on Web sites shall be clear and
conspicuous in at least 16-point boldface type. The disclosure
statement contained in brochures and programs shall be clear and
conspicuous in at least 14-point boldface type. This disclosure
statement contained on ticket stubs shall be clear and conspicuous in
boldface type.  
   (c) An exhibitor who fails to make any disclosure required by this
section shall be subject to a civil penalty of fifty thousand
dollars ($50,000) per violation. Each day of noncompliance shall be a
separate violation for the purposes of this section.  
   (d) An exhibitor who makes any false statement or
misrepresentation in any disclosure required by this section shall be
subject to a civil penalty of fifty thousand dollars ($50,000) per
violation. Each day of noncompliance shall be a separate violation
for the purposes of this section.  
   (e) An action may be brought by an individual, a city attorney, a
district attorney, or the Attorney General to enforce this section.
Reasonable attorney's fees and costs shall be awarded to the
prevailing plaintiff for an action brought pursuant to this section.
 
   (f) Notwithstanding any other law, a violation of this chapter
shall not be a crime.  
   (b) 
    (g)  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
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.
  shall be subject to this section.  
   (h) This section shall remain in effect only until January 1,
2010, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2010, deletes or extends
that date. 
    7072.    (a) On or after January 1, 2010, any
commercial display of human remains is prohibited unless the
exhibitor files the form specified in subdivision (c) with the
Department of Justice stating that each body and specimen in the
exhibit was donated by the decedent or by a person authorized to make
an anatomical gift under Section 7150.15 or 7150.40 with full
informed consent and for the express purpose of public exhibition.
The form shall list a description of, and a catalog number for, each
body and specimen in the exhibit.  
   (b) The department may charge a reasonable fee which shall cover
the costs of filing and maintaining the filed forms.  
   (c) The following form shall be used: 


   HEALTH AND SAFETY CODE SECTION 7072 FILING FOR  
   COMMERCIAL PUBLIC EXHIBITION OF HUMAN REMAINS  
   Exhibitor Name: _____________________________  
   Place of exhibition: ___________________________  
   Date(s) of exhibition: _________________________  
   List and description of bodies and specimens used in the
exhibition, by individual identifying number:  
   1.  
   2.  
   3.  
   4.  
   5.  
   (additional numbering as needed)  
   The exhibitor attests that listed donor bodies and specimens were
donated by either the decedent or a person authorized to make an
anatomical gift under Section 7150.15 or 7150.40 of the California
Health and Safety Code with full informed consent and for the express
purpose of public exhibition.  
   Signature of Exhibitor: _______________________  
   Date: _____________________________________ 


   (d) The exhibitor shall maintain a catalog of the consent forms
for each body or specimen listed on the form submitted to the
department. The file shall be available for inspection by the public
upon request and shall list the donor bodies or specimens by their
identifying number.  
   (e) An exhibitor who makes a misrepresentation on the filed form,
fails to file a form, or fails to maintain a file of completed
consent forms for all bodies and specimens in the exhibition shall be
subject to a civil penalty of fifty thousand dollars ($50,000) per
violation and shall be prohibited from continuing the commercial
display of human remains. Each day of noncompliance is a separate
violation for purposes of this section.  
   (f) An action enforcing this section may be brought by an
individual, a city attorney, a district attorney, or the Attorney
General. The prevailing plaintiff in an action brought pursuant to
this section shall receive the penalty funds provided for in
subdivision (e) as well as reasonable attorney fees and costs. 

   (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 specimen displayed in violation of this section.
 
   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 requirements:
   (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 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
paragraph.
   (b) (1) The department may charge a fee for a permit issued
pursuant to this section. The fee 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 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.  Notwithstanding any other provision of law, the 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. 
    7076.   7075.   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.