BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1777
                                                                  Page  1


          ASSEMBLY THIRD READING
          AB 1777 (Ma)
          As Introduced  February 21, 2012
          Majority vote 

           BUSINESS & PROFESSIONS       9-0                                
           
           ----------------------------------------------------------------- 
          |Ayes:|Hayashi, Bill Berryhill,  |     |                          |
          |     |Allen, Butler, Eng,       |     |                          |
          |     |Hagman, Hill, Ma, Smyth   |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :   Authorizes the transfer of cremated human remains 
          from a durable container to a scattering urn, as defined, no 
          more than seven days before scattering the cremated remains at 
          sea from a boat.  Specifically,  this bill  :

          1)Authorizes the transfer of cremated remains from a durable 
            container into a scattering urn no more than seven days of 
            scattering the cremated remains at sea from a boat. 

          2)Specifies that this bill does not authorize the use of a 
            scattering urn when the cremated remains are to be scattered 
            by a plane over land or at sea.

          3)Defines "scattering urn" to mean a closed container containing 
            cremated remains that will dissolve and release its contents 
            within four hours of being placed at sea.

           EXISTING LAW  :

          1)Specifies the manner for disposing cremated human remains, 
            including allowing the remains to be taken by boat or by air, 
            and scattered at sea, in accordance with specified procedures.

          2)Requires cremated remains be removed from the container before 
            being scattered at sea.

          3)Requires persons who scatter at sea, either from a boat or 
            from the air, any human cremated remains, to file with the 
            local registrar of births and deaths in the county nearest the 
            point where the remains were scattered, a verified statement 








                                                                  AB 1777
                                                                  Page  2


            containing certain information, as specified. 

          4)Defines the phrase "at sea" to include the inland navigable 
            waters of this state, exclusive of lakes and streams, provided 
            that no such scattering may take place within 500 yards of the 
            shoreline. 

           FISCAL EFFECT  :   Unknown.  This bill is keyed non-fiscal by the 
          Legislative Counsel.

           COMMENTS  :  According to the author, "There has been an 
          extraordinary shift in the way Californians deal with disposal 
          of bodies after death.  Cremations will soon surpass 50% of 
          dispositions.  One of the most popular ways to ultimately 
          dispose of the cremated remains is at sea.

          "This legislation puts in statute the protocols for disposing at 
          sea.  1) It clarifies when the cremated remains can be moved 
          from a durable container into a scattering urn, which is seven 
          days.  2) It clarifies that the scattering urn, which is a 
          closed container holding the cremated remains to prevent the 
          accident spilling of the ashes, will be dissolvable and will 
          release its contents within four hours."

          After cremation has been completed, human remains are swept from 
          the cremation chamber, processed to a uniform size, and placed 
          in a sturdy plastic bag sealed with an identification disk, tab, 
          or label.  The bag is then placed in a durable cremated remains 
          container.

          There are several methods for disposing cremated remains 
          including scattering them at sea, at least 500 yards from shore. 
           Cremated remains may be scattered by a licensed cemetery, 
          cemetery broker, crematory, registered cremated remains 
          disposer, funeral establishment staff member, or the decedent's 
          family.  All cremated remains must be removed from the container 
          for scattering. 

          This bill authorizes the transfer of cremated human remains from 
          a durable container to a scattering urn, as defined, no more 
          than seven days before scattering the cremated remains at sea 
          from a boat.  

           








                                                                 AB 1777
                                                                  Page  3


          Analysis Prepared by  :    Rebecca May / B.,P. & C.P. / (916) 
          319-3301 


                                                                FN: 0003253