BILL ANALYSIS �
AB 1777
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Date of Hearing: April 10, 2012
ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER
PROTECTION
Mary Hayashi, Chair
AB 1777 (Ma) - As Introduced: February 21, 2012
SUBJECT : Disposition of cremated remains.
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
containing the name of the deceased person, the time and place
of death, the place at which the cremated remains were
scattered, and any other information that the local registrar
of births and deaths may require.
4)Defines the phrase "at sea" to include the inland navigable
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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.
COMMENTS :
Purpose of this bill . "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."
Background . 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, no more than seven days
before scattering the cremated remains at sea from a boat.
Additionally, this bill defines scattering urn as a closed
container that will dissolve and release its contents within
four hours of being placed at sea.
Support . The sponsor of this measure, the California Funeral
Directors Association writes in support, "Under present law,
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cremated remains, for reasons of health and decency, need to be
placed in a durable container that is not open-ended or
vulnerable to the elements (e.g. it must be leak-proof).
Clearly, since so many Californians are choosing to have their
cremated remains disposed of at sea, it becomes necessary to
remove the ashes from the durable container and place them in a
container that can be absorbed into the ocean.
"This legislation will clear up confusion regarding: 1. When
cremated remains can be removed from a durable container for
preparation for disposition at sea. Obviously, it should be
done so that it meets the needs of the consumer and the
industry, but we also do not want cremated remains deserted in a
disposable container. 2. How long it should take before the
disposable container is absorbed into the water. Again, we are
respectful of the ceremonies surrounding the disposition of
cremated remains, but we have seen instances when the container
shows the capacity for floating for long periods. There should
be an understanding that it will be absorbed into the water and
not be left to float indefinitely.
"AB 1777 will do the following: 1. Cremated ashes can be placed
into a scattering urn seven (7) days before scattering at sea. A
scattering urn is a closed container that, within this
legislation, applies only to the disposition of cremated remains
from a boat. 2. The scattering urn is a closed container that
will dissolve within four hours of being placed in the ocean.
"AB 1777 clarifies for consumers and the industry the process
for the disposition of cremated remains at sea."
REGISTERED SUPPORT / OPPOSITION :
Support
California Funeral Directors Association (sponsor)
Opposition
None on file.
Analysis Prepared by : Rebecca May / B.,P. & C.P. / (916)
319-3301
AB 1777
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