BILL NUMBER: AB 1519	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 13, 2008
	PASSED THE ASSEMBLY  AUGUST 15, 2008
	AMENDED IN SENATE  AUGUST 11, 2008
	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, 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 and until January 1,
2010, 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 2
catalogs of consent forms for all bodies and specimens in the
exhibition, as provided.
   This bill would make an exhibitor who makes a misrepresentation on
the filed form, fails to file a form, or fails to maintain the 2
catalogs of 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's fees and costs.


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) "Exhibitor" means a person or entity who publicly displays or
contracts with a museum facility or other venue to publicly display
human remains.
   (c) "Human remains" means all or part of the body of a deceased
person, regardless of the stage of decomposition.
   (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 (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.
   (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
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) (1) The exhibitor shall maintain a catalog of the consent
forms and corresponding death certificates for each body or specimen
listed on the form submitted to the department. The catalog shall be
available for inspection by a city attorney, a district attorney, or
the Attorney General.
   (2) In addition to the catalog described in paragraph (1), the
exhibitor shall also maintain a catalog with copies of the consent
forms on which all names, and all identifying signatures that do not
protect the anonymity of a donor, have been removed and replaced with
an identifying number for each specimen on the form submitted to the
department pursuant to this section. The catalog shall be maintained
and shall be available for inspection by the public upon request.
   (e) An exhibitor who makes a misrepresentation on the filed form,
fails to file a form, or fails to maintain either one or both of the
catalogs described in subdivision (d) 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.
   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.  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.
   7076.  In any action brought to enforce either Section 7071 or
7072, a city attorney, a district attorney, or the Attorney General
shall take reasonable steps to protect a donor's identity. The court
may permit disclosure of a donor's identity only when the public
interest in disclosure outweighs the privacy interests of a donor and
his or her immediate family in maintaining the confidentiality of a
donor's identity.
   7077.  Nothing in this chapter shall be construed to preempt any
existing duties or obligations otherwise imposed by state or federal
law.