BILL ANALYSIS �
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|Hearing Date:June 11, 2012 |Bill No:AB |
| |1777 |
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SENATE COMMITTEE ON BUSINESS, PROFESSIONS
AND ECONOMIC DEVELOPMENT
Senator Curren D. Price, Jr., Chair
Bill No: AB 1777Author:Ma
As Introduced: February 21, 2012 Fiscal:No
SUBJECT: Disposition of cremated remains.
SUMMARY: Authorizes cremated remains to be transferred from a durable
container into a scattering urn, as defined, no more than seven days
before scattering the cremated remains at sea from a boat.
Existing law, the Business and Professions Code (BPC):
1)Licenses and regulates funeral establishments, funeral directors,
embalmers, crematories, crematory managers, cemeteries, cemetery
managers, cemetery brokers, cemetery salespersons, and cremated
remains disposers by the Cemetery and Funeral Bureau (Bureau) within
the Department of Consumer Affairs (DCA).
2)Defines "cremated remains disposer" (CRD) as a person who, for his or
her own account or for another, disposes of, or offers to dispose
of, cremated human remains by scattering over land or sea. (BPC �
9607.6)
3)Requires any person who disposes or offers to dispose of cremated
human remains, to be registered as a CRD with the Bureau, and
exempts from the CRD registration requirement: licensed cemeteries
(certificates of authority), crematories, funeral directors,
cemetery brokers, cemetery salespersons, and any person with the
right to control disposition of the cremated remains or that
person's designee, provided the designee does not dispose of more
than 10 cremated remains a year. (BPC � 9740)
4)Provides that in order to scatter cremated remains, a CRD must have
specific written instructions from the individual with the right to
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control disposition and must scatter in accordance with those
instructions. (BPC � 9743)
5)Provides that the Bureau shall enforce the provisions of the Health
and Safety Code as it pertains to the Bureau's licensees relating to
human remains and the disposition of human remains. (BPC � 7600 et
seq., � 9600 et seq.)
Existing law, the Health and Safety Code (HSC):
1)Defines various terms relating dead bodies, including:
a) "Human remains" or "remains" as the body of a deceased person,
regardless of its stage of decomposition, and cremated remains.
(HSC � 7001)
b) "Cremated remains" as the ashes and bone fragments of a human
body that are left after cremation in a crematory, and includes
ashes from the cremation container. "Cremated remains" do not
include foreign materials, pacemakers, or prostheses. (HSC �
7002)
c) "Scattering" as the authorized dispersal of cremated remains
at sea, in other areas of the state, or commingling in a defined
area within a dedicated cemetery as specified. (HSC � 7010.7)
2)Requires any Bureau licensee or a licensee's agent or employee,
prior to the disposition of any cremated remains to do all of the
following: (HSC � 7054.6 (c))
a) Remove the cremated remains from the crematory in a durable
container.
b) Keep the cremated remains in a durable container.
c) Store the cremated remains in a place free from exposure to
the elements.
d) Responsibly maintain the cremated remains.
3)Provides that cremated remains may be taken by boat or by air, and
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scattered at sea, and specifies that:
a) Cremated remains must be removed from their container before
the remains are scattered at sea. (HSC 7117 (a))
b) Any person who scatters cremated remains at sea, shall file a
copy of a disposition permit with the local registrar of births
and deaths in the county nearest the point where the remains were
scattered within 10 days of disposition. (HSC � 7117 (b))
c) Scattering at sea cannot take place within 500 yards of the
shoreline, and includes the inland navigable waters of the state.
Scattering at sea does not include lakes and streams, nor does
it include scattering from a bridge or pier. (HSC � 7117(c))
4)In addition to scattering at sea, provides that cremated remains may
be scattered in areas of the state where no local prohibition
exists, and specifies that: (HSC � 7116)
a) The cremated remains are not distinguishable to the public,
and are not in a container, and that written permission to
scatter on the property has been given by the property owner.
b) A state or local agency may adopt an ordinance, regulation, or
policy authorizing or specifically prohibiting, the scattering of
cremated human remains on lands under the agency's jurisdiction.
This bill:
1)Authorizes cremated remains to be transferred from a durable
container into a scattering urn no more than seven days before
scattering the cremated remains at sea from a boat.
2)Defines "scattering urn" as a closed container containing cremated
remains that will dissolve and release its contents within four
hours of being placed at sea.
3)Provides that the provisions of the bill shall not be construed to
allow the use of a scattering urn when the cremated remains are to
be scattered by a plane over land or at sea.
FISCAL EFFECT: None. This bill has not been keyed "fiscal" by
Legislative Counsel.
COMMENTS:
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1.Purpose. This bill is sponsored by the California Funeral Directors
Association (CFDA). According to CFDA, about 230,000 Californians
die each year, and "the most dramatic shift to the disposition of
human remains in California has been the change from traditional
funerals to cremations. In fact, we will soon reach a threshold
mark where 50% of Californians will be cremated. Consequently, the
protocols and traditions surrounding the disposition of bodies are
being revisited."
CFDA further states: "Under present law, 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."
CFDA states that AB 1777 will do the following:
a. Allow cremated ashes to be placed into a scattering urn seven
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.
b. Specify that a scattering urn is a closed container that will
dissolve within four hours of being placed in the ocean.
1.Background. Cremation has been a steadily growing choice for
consumers and their families for the disposition of human remains in
California and throughout the United States in recent years. In
fact, cremation is the disposition for nearly half of all of the
approximately 230,000 deaths in California each year. Cremation has
been a growing choice for a number of reasons, including: the cost
of in-ground burial and a funeral with embalming; the growing
acceptance of cremation by religious and cultural groups; the desire
to minimize the environmental impact of disposition; the increased
transience of families; and the blending of diverse ethnicities and
cultural backgrounds in which cremation is accepted.
California law prohibits the cremation of more than one body at a time
in the same cremation chamber (unless specific written authorization
is given by the persons with the right to control disposition of the
bodies involved). The law further prohibits the co-mingling of
cremated remains after cremation. After cremation has been
completed, human remains are swept from the cremation chamber,
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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. A durable container
is container which is not easily broken, or deteriorated, and that
keeps the cremated remains intact and free from the elements or from
being spilled or lost. Cremated remains may be interred in a
cemetery, or in a mausoleum or niche (a space in a mausoleum
specifically designed to hold cremated remains). Cremated remains
may also be kept in the home of a family member, or kept in a
religious shrine or church. Cremated remains may be placed in a
dedicated scattering garden in a cemetery, or be scattered on
private or public property if no local prohibition exists and
written permission is given by the property owner.
Cremated remains may also be scattered over land from a plane, or at
sea from a plane or from a boat. The cremated remains must be
removed from the durable container prior to scattering, and may not
be co-mingled together before the scattering takes place. Current
law does not authorize the use of a "scattering urn" as described by
this bill. When "scattered" the cremated remains are not to be in
any container at all, under California law.
2.Related Legislation. SB 1197 (Calderon) in the current Session, is
an urgency measure which would authorize the cremation of an
American flag, in accordance with specified federal law, in
conjunction with the cremation of human remains. This bill has been
referred to this Committee for hearing.
SB 1491 (BP&ED Committee, Chapter 415, Statutes of 2010), a Committee
omnibus bill, provided in part that cremated remains may be placed
into "keepsake urns" and kept as authorized by those with the right
to control disposition; required a disposition permit to be obtained
for each keepsake urn.
3.Arguments in Support. In sponsoring the bill, the California Funeral
Directors Association believes that: "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
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left to float indefinitely."
The bill clarifies for consumers and the industry the process for the
disposition of cremated remains at sea, according to CFDA.
4. Policy Considerations Addressed By This Measure. The specific laws
relating to cremation and the maintenance of cremated remains have
been devised over the years in response to significant and
sometimes horrific abuses in the practice of cremation or the care
and disposition of cremated remains. When abuses occur,
significant damage can occur to consumers, particularly to families
of decedents whose loved ones remains have been neglected, abused
or desecrated. Therefore, any changes to the laws regarding
cremation or the disposition of cremated human remains must be done
thoughtfully and carefully.
This bill would authorize the use of a "scattering urn" when disposing
of cremated remains from a boat at sea. The bill defines a
"scattering urn" as a closed container containing cremated remains
that will dissolve and release its contents within four hours of
being placed at sea. Sea scattering must be done no closer than
500 yards from the shore. As a practical matter, sea scattering is
done by a funeral home, crematory or cemetery or its employees, or
by a scattering service, termed a cremated remains disposer.
Scattering often takes place without family members present when
the sea scattering takes place. At other times, family members
wish to participate in a memorial service and participate in the
sea scattering of the cremated remains. As drafted, this bill
would allow a scattering urn to be in the form of a floating
memorial that dissolves into the sea, or in the form of a container
that is lowered into the sea. Even a "biodegradable" bag could be
used as a scattering urn under this bill. The important
characteristic of a scattering urn is that it would dissolve and
release its contents within four hours of being placed into the
sea. It is important that the container dissolves in a reasonable
timeframe in order to prevent the container of cremated remains
being washed up on the shore. Therefore, it would appear that the
changes proposed by this bill would not result in an abuse of the
cremation process or of the appropriate disposition of cremated
remains.
SUPPORT AND OPPOSITION:
Support:
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California Funeral Directors Association (Sponsor)
Opposition:
None received as of June 5, 2012
Consultant:G. V. Ayers