BILL ANALYSIS
AB 1519
Page 1
ASSEMBLY THIRD READING
AB 1519 (Ma)
As Amended January 17, 2008
Majority vote
ARTS, ENTERTAINMENT, SPORTS 7-0
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|Ayes:|Karnette, Coto, Davis, De | | |
| |Leon, Ma, Plescia, | | |
| |Swanson | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Prohibits any person from displaying human remains to
the public for commercial purposes without first obtaining a
permit from the county. Specifically, this bill :
1)Prohibits display of human remains to the public for
commercial purposes without first obtaining a permit issued by
the county where the human remains will be displayed.
2)Provides that a county may issue a permit to any person only
upon a determination by the county public health official, or
his/her designee, that the person has provided valid written
authorization to display human remains for consideration from
specified individuals.
3)Provides exceptions from the permit requirement for display of
human remains that are more than 100 years old, consist solely
of human teeth or hair, are part of the ordinary display or
viewing of the deceased at a funeral establishment or part of
a similar funeral or memorial, are an object of religious
veneration, or are in the possession of a museum facility,
with certain qualifications.
4)Provides further exception for utilization of human remains
consistent with the Uniform Anatomical Gift Act.
5)Defines "commercial purposes" as either a display for which
the public is charged a fee or other consideration as a
condition of viewing, or display for which an exhibitor
accepts payment or other consideration.
AB 1519
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6)Defines "exhibitor" as a person or entity who shows or puts
on, or contracts to show or put on, a temporary public display
of human remains.
7)Defines "museum facility" as 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.
8)Provides a civil penalty for each violation of up to $10,000.
9)Makes legislative findings and declarations.
FISCAL EFFECT : None
COMMENTS :
1)Recent amendments: This bill was substantially amended on
January 7, 2008 to delete its entire contents and insert the
present subject matter. Further amendments were added on
January 17, 2007, at the request of the Arts, Entertainment,
Sports Committee, which clarified the definition of
"commercial purposes, " also that the authority of a county to
issue a permit is vested only for the counties where the
display of human remains would be held, and that the county
public health officer, or his or her designee, must make the
determination whether or not to issue a permit.
2)Author's statement: According to the author, "(E)xhibitors,
who often obtain the bodies from China, run galleries and
displays of unwilled remains in distasteful poses generating
millions in revenue claiming the case of providing the public
with health awareness. While the exhibits may be informative,
China's gross human rights violations has led to a general
public concern that bodies exhibited were once prisoners,
government and political dissenters, hospital patients and the
poor. Without written consent from the deceased, one is
hard-pressed to find evidence that the bodies in the displays
wanted to be there. It is honorable to donate anatomical gifts
in order to continue to advance medicine and science education
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for the betterment of society. However, the State must protect
unwilling and unclaimed bodies from the unethical treatment
and exploitation of profiteers."
3)Opposition: Premier Exhibitions has registered a late
position of oppose unless amended, to AB 1519. According to
their letter, Premier presents a number of museum quality
anatomy exhibitions including "Bodies the Exhibition" and
"Bodies Revealed." Premier asserts that "AB 1519 raises many
questions and concerns for our company." ? "It would appear
to outlaw currently working exhibitions that meet all existing
laws." They continue, "Since these exhibitions have been in
existence for many years, it will be difficult to
retroactively apply these new requirements to exhibitions that
were legally set up years ago with specimens that have been
deceased for many years."
Premier requests that the author amend the bill to "grandfather
in" exhibitions currently exhibiting specimens as long as
those exhibitions have proof that the specimens in the
exhibitions died of natural causes and the exhibition does not
constitute a threat to public health.
4)Please refer to the policy committee analysis for a full
discussion of this bill.
Analysis Prepared by : Dana Mitchell / A.,E.,S.,T. & I.M. /
(916) 319-3450
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