BILL NUMBER: AB 2672 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Bonilla
FEBRUARY 19, 2016
An act to amend Section 8001 of the Health and Safety Code,
relating to public health.
LEGISLATIVE COUNSEL'S DIGEST
AB 2672, as introduced, Bonilla. Human remains: disinterment and
removal.
Existing law authorizes the remains of a deceased person to be
removed from a cemetery upon written order of the health department
having jurisdiction or the superior court of the county in which the
cemetery is situated. Existing law authorizes the remains of a
deceased person to be removed from a plot in a cemetery with the
consent of the cemetery authority and the written consent of a
surviving family member, as specified. Under specified circumstances,
existing law also authorizes the board of supervisors of a county
that owns a cemetery authority to order the disinterment and removal
of all human remains interred in the cemetery, subject to specified
procedures. Existing law requires the publication of the notice of
declaration of intended abandonment and removal by the county at
least 60 days prior to removal of human remains.
This bill would instead require that publication of notice to
occur at least 70 days prior to removal of human remains.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 8001 of the Health and Safety Code is amended
to read:
8001. Any resolution or declaration for abandonment adopted and
made under the provisions of this article shall
specify and declare that at any time after the expiration of
60 70 days after the first publication of the
notice of declaration of intended abandonment and removal, the human
remains then remaining in the cemetery will
shall be removed by the county owning the cemetery. Notice of
the declaration of intended abandonment of the cemetery and proposed
removal of the human remains interred therein
in the cemetery shall be given to all interested
persons interested therein by publication in the
newspaper of general circulation published in the county determined
by the board of supervisors most likely to give notice to the parties
concerned. Publication shall be made once a week for four
consecutive times. The notice shall be entitled "Notice of
Declaration of Abandonment of Lands for Cemetery Purposes and of
Intention to Remove Human Bodies Interred Therein," and shall specify
a date not less than 60 70 days after
the first publication of the notice when the county controlling the
cemetery lands and causing the notice to be published will proceed to
remove the human remains then remaining in such
that cemetery. Notice shall also be mailed to any known
living heir-at-law of any person whose remains are interred in the
cemetery when the address of the heir is known.