Bill Text: CA AB4 | 2011-2012 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Human remains: hydrolysis.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-02-01 - Died pursuant to Art. IV, Sec. 10(c) of the Constitution. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB4 Detail]
Download: California-2011-AB4-Introduced.html
Bill Title: Human remains: hydrolysis.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-02-01 - Died pursuant to Art. IV, Sec. 10(c) of the Constitution. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB4 Detail]
Download: California-2011-AB4-Introduced.html
BILL NUMBER: AB 4 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Miller
DECEMBER 6, 2010
An act to amend Sections 9615, 9740, 9741, 9741.1, 9742, 9743,
9744.5, 9745, 9748, 9749, and 9749.3 of, to add Sections 9605.3,
9607.7, and 9764.4 to, and to add Article 9 (commencing with Section
9789.1) to Chapter 19 of Division 3 of, the Business and Professions
Code, and to amend Sections 7003, 7010.3, 7010.7, 7011, 7011.2, 7015,
7016, 7051, 7051.5, 7052, 7052.5, 7054, 7054.1, 7054.6, 7054.7,
7055, 7116, and 7117 of, to add Sections 7002.5, 7006.1, 7006.4,
7006.6, 7006.8, 7010.1, and 7054.8 to, and to add Article 8
(commencing with 8370) to Part 3 of Division 8 of, the Health and
Safety Code, relating to human remains.
LEGISLATIVE COUNSEL'S DIGEST
AB 4, as introduced, Miller. Human remains: hydrolysis.
Under existing law, the Cemetery and Funeral Bureau licenses and
regulates crematoria and various professions relating to the
disposition of human remains. Violation of these provisions is a
misdemeanor.
This bill would require the bureau to license and regulate, as
specified, hydrolysis facilities and hydrolysis facility managers, as
defined, and would enact requirements substantially similar to those
applicable to crematoria. By expanding the definition of crimes
relating to the disposition of human remains and creating new crimes,
this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 9605.3 is added to the Business and Professions
Code, to read:
9605.3. A licensed hydrolysis facility manager is a person who is
engaged in, is conducting, or is holding himself or herself out as
engaged in, activities involved in or incidental to the maintenance
or operation of a hydrolysis facility licensed pursuant to this
chapter and the hydrolysis of human remains.
SEC. 2. Section 9607.7 is added to the Business and Professions
Code, to read:
9607.7. "Licensed hydrolysis facility" means a corporation,
partnership, or natural person licensed pursuant to Article 8
(commencing with Section 9780). A licensed hydrolysis facility shall
be considered a cemetary licensee for purposes of disciplinary action
pursuant to Article 6 (commencing with Section 9725).
SEC. 3. Section 9615 of the Business and Professions Code is
amended to read:
9615. (a) (1) Any person who holds or has held, or was named on,
any license or registration under the jurisdiction of the bureau that
has been, within the immediately preceding 10 years, revoked,
suspended, placed on probation, or surrendered under a stipulated
decision, and who is employed by, or who seeks employment with, a
licensed cemetery, a licensed crematory, a licensed hydrolysis
facility, or a licensed cemetery broker in any capacity, shall
inform the licensed cemetery manager, the licensed crematory manager,
the licensed hydrolysis facility manager, or the licensed
cemetery broker of that revocation, suspension, probation, or
surrender.
(2) A person subject to this subdivision shall inform the licensed
cemetery manager, the licensed crematory manager, the licensed
hydrolysis facility manager, or the licensed cemetery broker
upon application for employment by completing a form that shall be
made available by the bureau.
(b) The cemetery manager, crematory manager, licensed
hydrolysis facility manager, or cemetery broker who is informed
pursuant to subdivision (a) shall notify the bureau by submitting
the form within 30 days of being so informed. Failure of the cemetery
manager, crematory manager, licensed hydrolysis facility
manager, or cemetery broker to notify the bureau shall be a
cause for a warning. A cemetery manager, crematory manager,
licensed hydrolysis facility manager, or cemetery broker shall
not be subject to a warning if his or her failure to notify the
bureau is due to a false statement made by an employee.
(c) Any person required to notify the cemetery manager, crematory
manager, licensed hydrolysis facility manager, or cemetery
broker under subdivision (a) who fails to do so or who makes a false
statement on the required form shall be subject to disciplinary
action if that person is a licensee of the bureau, or that failure or
false statement shall be cause for denial of a license under Section
480.
(d) For purposes of subdivision (a), the term "named on" applies
to a person who was an owner, partner, or corporate officer of an
entity that was licensed or registered under the act at the time that
entity's license or registration under the act was revoked,
suspended, placed on probation, or surrendered.
SEC. 4. Section 9764.4 is added to the Business and Professions
Code, to read:
9764.4. (a) The fee to take the examination or reexamination to
become a licensed hydrolysis facility manager may not exceed five
hundred dollars ($500).
(b) The fee to obtain a license as a hydrolysis facility manager
may not exceed one hundred dollars ($100).
(c) The renewal fee for a hydrolysis facility manager license may
not exceed one hundred dollars ($100).
SEC. 5. Section 9740 of the Business and Professions Code is
amended to read:
9740. No person shall dispose of or offer to dispose of any
cremated or hydrolyzed human remains unless registered as
a cremated or hydrolyzed remains disposer by the bureau.
This article shall not apply to any person, partnership, or
corporation holding a certificate of authority as a cemetery,
crematory license, hydrolysis facility license ,
cemetery broker's license, cemetery salesperson's license, or
funeral director's license, nor shall this article apply to any
person having the right to control the disposition of the cremated
remains or hydrolyzed remains of any person or that person'
s designee if the person does not dispose of or offer to dispose of
more than 10 cremated human remains or hydrolyzed human remains
within any calendar year.
SEC. 6. Section 9741 of the Business and Professions Code is
amended to read:
9741. (a) Registration shall be on the form prescribed by the
bureau and shall include, but not be limited to, the full name of the
registrant, business and residence addresses, description and
identification of aircraft or boats which may be used in dispensing
cremated human remains or hydrolyzed remains , and the area
to be served. Each registration application shall be accompanied by
the cremated remains disposer fee.
(b) Every registered cremated remains disposer who dispenses human
remains by air shall post a copy of his or her current pilot's
license, and the address of the cremated remains or hydrolyzed
remains storage area at his or her place of business. Every
registered cremated remains disposer who dispenses human
cremated remains or hydrolyzed remains
by boat shall post a copy of his or her current boating license
and the address of the cremated remains or hydrolyzed remains
storage area at his or her place of business.
SEC. 7. Section 9741.1 of the Business and Professions Code is
amended to read:
9741.1. The bureau shall prepare and deliver to each registered
cremated remains disposer a booklet that includes, but is not limited
to, the following information: details about the registration and
renewal requirements for cremated remains disposers; requirements for
obtaining state permits to dispose of cremated human remains or
hydrolyzed remains ; state storage requirements, if any;
statutory duties pursuant to this article, and other applicable state
laws.
SEC. 8. Section 9742 of the Business and Professions Code is
amended to read:
9742. All aircraft used for the scattering of cremated human
remains or hydrolyzed remains shall be validly certified
by the Federal Aviation Administration. All boats or vessels used for
the scattering of cremated human remains or hydrolyzed remains
shall be registered with the Department of Motor Vehicles or
documented by a federal agency, as appropriate. The certification or
registration shall be available for inspection by the bureau.
SEC. 9. Section 9743 of the Business and Professions Code is
amended to read:
9743. A cremated remains disposer who scatters any cremated human
remains or hydrolyzed remains without specific written
instructions from the person having the right to control the
disposition of the remains or who scatters any remains in a manner
not in accordance with those instructions shall be subject to
disciplinary action.
SEC. 10. Section 9744.5 of the Business and Professions Code is
amended to read:
9744.5. (a) Every cremated remains disposer shall do both of the
following:
(1) Dispose of cremated remains or hydrolyzed remains
within 60 days of the receipt of those remains, unless a written
signed reason for a delay is presented to the person with the right
to control the disposition of the remains under Section 7100 of the
Health and Safety Code.
(2) Provide the bureau with the address and phone number of any
storage facility being used by the registrant to store cremated
remains or hydrolyzed remains . Cremated remains and
hydrolyzed remains shall be stored in a place free from
exposure to the elements, and shall be responsibly maintained until
disposal. The bureau and its representatives shall conduct, on an
annual basis, random inspections of the operations of 5 to 10 percent
of the registered cremated remains disposers, and is authorized to
inspect any place used by a cremated remains disposer for the storage
of cremated remains or hydrolyzed remains without notice
to the cremated remains disposer.
(b) A violation of the requirements of this section is grounds for
disciplinary action.
SEC. 11. Section 9745 of the Business and Professions Code is
amended to read:
9745. (a) Each cremated remains disposer shall file, and
thereafter maintain an updated copy of, an annual report on a form
prescribed by the bureau. The report shall include, but not be
limited to, the names of the deceased persons whose cremated remains
or hydrolyzed remains were disposed of, the dates of
receipt of the cremated remains or hydrolyzed remains ,
the names and addresses of the persons who authorized disposal of
those remains, the dates and locations of disposal of those remains,
and the means and manner of disposition. The report shall cover the
fiscal year ending on June 30th and shall be filed with the bureau no
later than September 30th of each year.
(b) Any A cremated remains disposer
that makes a willful and material false statement regarding the
disposal of cremated remains or hydrolyzed remains in the
annual report filed or updated pursuant to subdivision (a) shall be
subject to disciplinary action.
(c) Any cremated remains disposer that makes a willful and
material false statement in the annual report filed or updated
pursuant to subdivision (a) shall be guilty of a misdemeanor.
SEC. 12. Section 9748 of the Business and Professions Code is
amended to read:
9748. Any person who scatters cremated human remains or
hydrolyzed remains without a valid registration and who is not
otherwise exempt from this article shall be guilty of a misdemeanor.
The remains of each person scattered shall constitute a separate
violation.
SEC. 13. Section 9749 of the Business and Professions Code is
amended to read:
9749. Any person who scatters any cremated human remains or
hydrolyzed remains without specific written instructions from
the person having the right to control the disposition of the remains
or who scatters any remains in a manner not in accordance with those
instructions shall be guilty of a misdemeanor.
SEC. 14. Section 9749.3 of the Business and Professions Code is
amended to read:
9749.3. Any A cremated remains
disposer who stores cremated remains or hydrolyzed remains
in a reckless manner that results in either of the following is
guilty of a public offense punishable by imprisonment in a county
jail not exceeding one year or by a fine not to exceed five thousand
dollars ($5,000), or by both that fine and imprisonment:
(a) Loss of all or part of the cremated remains or hydrolyzed
remains .
(b) Inability to individually identify the cremated remains
or hydrolyzed remains .
SEC. 15. Article 9 (commencing with Section 9789.1) is added to
Chapter 19 of Division 3 of the Business and Professions Code, to
read:
Article 9. Hydrolysis
9789.1. A hydrolysis facility may be operated, established, or
maintained by a corporation, partnership, or natural person, provided
that a valid hydrolysis facility license has been issued by the
bureau.
9789.2. A change in the ownership of a hydrolysis facility shall
be reported to the bureau. A transfer in a single transaction or a
related series of transactions of more than 50 percent of the
equitable interest in a licensed hydrolysis facility shall constitute
a change of ownership. When a change of ownership in a hydrolysis
facility occurs, the existing hydrolysis facility license shall lapse
and the new owner shall obtain a new license from the bureau as
otherwise provided in this act. The bureau shall not require an
applicant under this section to obtain any new permit or license from
any other governmental agency when the existing permit or license is
valid.
9789.3. The application for a hydrolysis facility license shall
be made in writing on the form prescribed by the bureau and filed at
the principal office of the bureau. The application shall be
accompanied by the fees required by this article and shall show that
the applicant owns or is actively operating a hydrolysis facility in
this state or that the applicant is in a position to commence
operating the hydrolysis facility.
9789.4. (a) The bureau shall require the applicant to prove
compliance with all applicable laws, rules, regulations, ordinances,
and orders, and shall not issue a hydrolysis facility license until
the bureau is satisfied that the public interest, human health, and
environmental quality will be served by the applicant.
(b) The applicant must obtain all relevant permits from local and
state agencies to demonstrate compliance with hazardous waste, water
quality, and drinking water standards, including, but not limited to,
Chapter 6.5 (commencing with Section 25200) of Division 20 of the
Health and Safety Code, in particular Section 25200 et seq., Title 22
of the California Code of Regulations, and the Porter-Cologne Water
Quality Act (Division 7 (commencing with Section 13000) of the Water
Code). The applicant shall be inspected annually by the Certified
Unified Program Agencies to ensure compliance with the appropriate
environmental standards.
9789.5. (a) The bureau shall adopt, and may from time to time
amend, rules and regulations prescribing standards of knowledge,
experience, and financial responsibility for applicants for a
hydrolysis facility license. In reviewing an application for a
hydrolysis facility license, the bureau may consider acts of the
applicant, including acts of incorporators, officers, directors, and
stockholders, which shall constitute grounds for the denial of a
hydrolysis facility license pursuant to Division 1.5 (commencing with
Section 475).
(b) Upon receipt of an application for a hydrolysis facility
license, the bureau may investigate, or cause an investigation to be
made of, the physical status, plans, specifications, and financing of
the proposed hydrolysis facility, the character of the applicant,
including, if applicable, its officers, directors, shareholders, or
members, and any other qualifications required of the applicant under
this article, and for this purpose may subpoena witnesses,
administer oaths, and take testimony.
(c) At the time of the filing of the application required by this
article, the applicant shall pay to the Cemetery Fund the sum fixed
by the bureau at not in excess of four hundred dollars ($400) to
defray the expenses of investigation. In the event the sum shall be
insufficient to defray all of the expenses, the applicant shall,
within five days after the bureau makes a request, deposit an
additional sum sufficient to defray the department's expenses,
provided that the total sum shall not exceed nine hundred dollars
($900).
9789.6. No hydrolysis facility licensed pursuant to this article
shall conduct hydrolysis unless all of the following requirements are
met:
(a) The licensee has a written contract with the person or persons
entitled to custody of the remains clearly stating the location,
manner, and time of disposition of the remains, agreeing to pay the
regular fees of the licensee for hydrolysis, disposition, and other
services rendered, and any other contractual provisions required by
the bureau.
(b) Hydrolysis of remains shall occur not more than 24 hours after
delivery of the remains unless the remains have been preserved in
the interim by refrigeration or embalming.
(c) The licensee has a contractual relationship with a licensed
cemetery authority for final disposition of hydrolyzed remains by
burial, entombment, or inurnment of any and all remains which are not
lawfully disposed of or which are not called for or accepted by the
person or persons entitled to the custody and control of the
disposition of those remains within 90 days of the date of death.
9789.7. A hydrolysis facility licensee, that prohibits relatives
or the responsible party from viewing the hydrolysis process, shall
disclose this fact in writing to the person or persons entitled to
custody of the remains prior to the signing of any contract.
9789.8. A hydrolysis facility licensee shall keep records and
relevant permits as required by the bureau to ensure compliance with
all laws relating to the disposition of hydrolyzed remains and shall
file annually with the bureau a report, in the form prescribed by the
bureau, describing the operations of the licensee, including the
number of hydrolyses performed, the disposition of remains from each
hydrolysis performed, and other information as required by the
bureau.
9789.9. A hydrolysis facility licensee operating a hydrolysis
facility licensed pursuant to this article shall pay an annual
regulatory charge for each hydrolysis facility, to be fixed by the
bureau at not more than four hundred dollars ($400). In addition to
an annual regulatory charge for each hydrolysis facility, every
licensee operating a hydrolysis facility licensed pursuant to this
article shall pay an additional charge to be fixed by the bureau at
not more than eight dollars and fifty cents ($8.50) per hydrolysis
that occurred during the preceding quarter, which charges shall be
deposited in the Cemetery Fund.
9789.10. (a) Each hydrolysis facility for which a license is
required shall be operated under the supervision of a manager
qualified as such in accordance with rules adopted by the bureau.
Each manager shall be required to successfully pass a written
examination evidencing an understanding of the applicable provisions
of this code and Division 7 (commencing with Section 7000) and
Division 8 (commencing with Section 8100) of the Health and Safety
Code.
(b) No person shall engage in the business of, act in the capacity
of, or advertise or assume to act as, a hydrolysis facility manager
without first obtaining a license from the bureau.
9789.11. (a) A hydrolysis facility shall at all times employ a
licensed hydrolysis facility manager to manage, supervise, and direct
its operations.
(b) A hydrolysis facility owner shall designate a licensed
hydrolysis facility manager to manage the hydrolysis facility and
shall report the designation, including a change in the designation
of a manager to the bureau within 10 days of the effective date of
designation.
(c) The designated hydrolysis facility manager shall be
responsible for exercising the direct supervision and control over
the operations, employees, and agents of the hydrolysis facility as
is necessary to ensure full compliance with the applicable provisions
of this code, the Health and Safety Code, and any regulations
adopted pursuant thereto. Failure of the designated hydrolysis
facility manager or the licensed hydrolysis facility to exercise that
supervision or control shall constitute a ground for disciplinary
action.
(d) A hydrolysis facility may employ, in addition to the
designated hydrolysis facility manager, additional licensed
hydrolysis facility managers. However, only one licensed hydrolysis
facility manager may be appointed as the designated hydrolysis
facility manager of the hydrolysis facility.
9789.12. (a) The application for a hydrolysis facility manager
license shall be made in writing on the form provided by the bureau,
verified by the applicant, and filed at the principal office of the
bureau. The application shall be accompanied by the fee fixed by this
chapter.
(b) An applicant for a hydrolysis facility manager license shall
be at least 18 years of age, possess a high school diploma or its
equivalent, shall not have committed acts or crimes constituting
grounds for denial of licensure under Section 480, shall demonstrate
compliance with the training and experience requirements established
by the bureau, and shall be a resident of this state.
(c) The bureau shall grant a hydrolysis facility manager license
to any applicant who meets the requirements of this chapter and who
has successfully passed the hydrolysis facility manager examination
administered by the bureau.
9789.13. (a) No person shall engage in or conduct, or hold
himself or herself out as engaging in or conducting, the activities
of a hydrolysis facility manager without holding a valid, unexpired
hydrolysis facility manager license issued by the bureau.
(b) No licensed hydrolysis facility manager shall engage in or
conduct, or hold himself or herself out as engaging in or conducting,
the activities of a hydrolysis facility manager without being
employed by, or without being a sole proprietor, partner, or
corporate officer of, a licensed hydrolysis facility.
9789.14. It is a misdemeanor for any person, firm, or corporation
to hydrolyze human remains, or to engage in the disposition of those
remains, without a valid, unexpired hydrolysis facility license.
Each hydrolysis carried out in violation of this section shall be a
separate violation.
9789.15. A hydrolysis facility licensee shall be subject to and
shall be disciplined by the bureau in accordance with Article 6
(commencing with Section 9725).
SEC. 16. Section 7002.5 is added to the Health and Safety Code, to
read:
7002.5. "Hydrolyzed remains" means bone fragments of a human body
that are left after hydrolysis in a hydrolysis facility. "Hydrolyzed
remains" does not include foreign materials, pacemakers, or
prostheses.
SEC. 17. Section 7003 of the Health and Safety Code is amended to
read:
7003. "Cemetery" means either of the following:
(a) Any of the following that is used or intended to be used and
dedicated for cemetery purposes:
(1) A burial park, for earth interments.
(2) A mausoleum, for crypt or vault interments.
(3) A crematory and columbarium, for cinerary interments
internment of cremated remains or hydrolyzed remains
.
(b) A place where six or more human bodies are buried.
SEC. 18. Section 7006.1 is added to the Health and Safety Code, to
read:
7006.1. "Hydrolysis facility" means a building or structure
containing one or more vessels for the reduction of bodies of
deceased persons by alkaline hydrolysis.
SEC. 19. Section 7006.4 is added to the Health and Safety Code, to
read:
7006.4. "Hydrolysis vessel" means the enclosed space within which
the hydrolysis of human remains is performed. Allowable hydrolysis
vessels for the disposition of human remains shall be approved and
listed by the Cemetery and Funeral Bureau.
SEC. 20. Section 7006.6 is added to the Health and Safety Code, to
read:
7006.6. "Hydrolysis container" means a hydrolyzable closed
container resistant to leakage of bodily fluids into which the body
of a deceased person is placed prior to insertion in a hydrolysis
vessel for alkaline hydrolysis.
SEC. 21. Section 7006.8 is added to the Health and Safety Code, to
read:
7006.8. "Hydrolyzed remains container" means a receptacle in
which hydrolyzed remains are placed after hydrolysis.
SEC. 22. Section 7010.1 is added to the Health and Safety Code, to
read:
7010.1. "Hydrolysis" means the process by which the following
three steps are taken:
(a) The reduction of the body of a deceased person to its
essential chemical components by alkaline hydrolysis. Alkaline
hydrolysis is a chemical process using heat, high pressure, water,
and potassium hydroxide, or as approved by the Cemetery and Funeral
Bureau and the appropriate environmental agency, an alternate
alkaline solution, to dissolve human tissue within a hydrolysis
container.
(b) Wherever possible, the least amount of potassium hydroxide
that is still effective for complete dissolution of the remains shall
be used within the hydrolysis container, to minimize the downstream
environmental impact of the effluent and to maximize worker safety.
(c) The processing of the remains after removal from the
hydrolysis chamber pursuant to Section 7010.3.
SEC. 23. Section 7010.3 of the Health and Safety Code is amended
to read:
7010.3. "Processing" means the removal of foreign objects,
pursuant to Section 7051, and the reduction of the particle size of
cremated remains or hydrolyzed remains by mechanical means
including, but not limited to, grinding, crushing, and pulverizing
to a consistency appropriate for disposition.
SEC. 24. Section 7010.7 of the Health and Safety Code is amended
to read:
7010.7. "Scattering" means the authorized dispersal of cremated
remains or hydrolyzed remains at sea, in other areas of
the state, or commingling in a defined area within a dedicated
cemetery, in accordance with this part.
SEC. 25. Section 7011 of the Health and Safety Code is amended to
read:
7011. "Inurnment" means placing cremated remains or
hydrolyzed remains in a cremated remains container or
hydrolyzed remains container suitable for placement, burial, or
shipment.
SEC. 26. Section 7011.2 of the Health and Safety Code is amended
to read:
7011.2. "Placement" means the placing of a container holding
cremated remains or hydrolyzed remains in a crypt, vault,
or niche.
SEC. 27. Section 7015 of the Health and Safety Code is amended to
read:
7015. "Crypt" or "vault" means a space in a mausoleum of
sufficient size, used or intended to be used, to entomb
uncremated human remains that have been neither
cremated nor hydrolyzed .
SEC. 28. Section 7016 of the Health and Safety Code is amended to
read:
7016. "Niche" means a space in a columbarium used, or intended to
be used, for the placement of cremated human
remains or hydrolyzed remains .
SEC. 29. Section 7051 of the Health and Safety Code is amended to
read:
7051. Every person who removes any part of any human remains from
any place where it has been interred, or from any place where it is
deposited while awaiting interment or ,
cremation, or hydrolysis with intent to sell it or to
dissect it, without authority of law, or written permission of the
person or persons having the right to control the remains under
Section 7100, or with malice or wantonness, has committed a public
offense that is punishable by imprisonment in the state prison.
This section shall not prohibit the removal of foreign materials,
pacemakers, or prostheses from cremated remains or hydrolyzed
remains by an employee of a licensed crematory or licensed
hydrolysis facility prior to final processing of ashes. Dental
gold or silver, jewelry, or mementos, to the extent that they can be
identified, may be removed by the employee prior to final processing
if the equipment is such that it will not process these materials.
However, any dental gold and silver, jewelry, or mementos that are
removed shall be returned to
the urn or cremated remains container or hydrolyzed remains
container , unless otherwise directed by the person or persons
having the right to control the disposition.
SEC. 30. Section 7051.5 of the Health and Safety Code is amended
to read:
7051.5. Every person who removes or possesses dental gold or
silver, jewelry, or mementos from any human remains without specific
written permission of the person or persons having the right to
control those remains under Section 7100 is punishable by
imprisonment in the state prison. The fact that residue and any
unavoidable dental gold or dental silver, or other precious metals
remain in the cremation chamber , hydrolysis chamber, or
other equipment or any container used in a prior cremation of
hydrolysis is not a violation of this section.
SEC. 31. Section 7052 of the Health and Safety Code is amended to
read:
7052. (a) Every person who willfully mutilates, disinters,
removes from the place of interment, or commits an act of sexual
penetration on, or has sexual contact with, any remains known to be
human, without authority of law, is guilty of a felony. This section
does not apply to any person who, under authority of law, removes the
remains for reinterment, or performs a cremation or hydrolysis
.
(b) For purposes of this section, the following definitions apply:
(1) "Sexual penetration" means the unlawful penetration of the
vagina or anus, however slight, by any part of a person's body or
other object, or any act of sexual contact between the sex organs of
a person and the mouth or anus of a dead body, or any oral copulation
of a dead human body for the purpose of sexual arousal,
gratification, or abuse.
(2) "Sexual contact" means any willful touching by a person of an
intimate part of a dead human body for the purpose of sexual arousal,
gratification, or abuse.
SEC. 32. Section 7052.5 of the Health and Safety Code is amended
to read:
7052.5. Notwithstanding the provisions of Section 7052, cremated
remains or hydrolyzed remains may be removed from the
place of interment for disposition as provided in Section 7054.6 or
for burial at sea as provided in Section 7117.
SEC. 33. Section 7054 of the Health and Safety Code is amended to
read:
7054. (a) (1) Except as authorized pursuant to the sections
referred to in subdivision (b), every person who deposits or disposes
of any human remains in any place, except in a cemetery, is guilty
of a misdemeanor.
(2) Every licensee or registrant pursuant to Chapter 12
(commencing with Section 7600) or Chapter 19 (commencing with Section
9600) of Division 3 of the Business and Professions Code and the
agents and employees of the licensee or registrant, or any unlicensed
person acting in a capacity in which a license from the Cemetery and
Funeral Bureau is required, who, except as authorized pursuant to
the sections referred to in subdivision (b), deposits or disposes of
any human remains in any place, except in a cemetery, is guilty of a
misdemeanor that shall be punishable by imprisonment in a county jail
not exceeding one year, by a fine not exceeding ten thousand dollars
($10,000), or both that imprisonment and fine.
(b) Cremated remains or hydrolyzed remains may be
disposed of pursuant to Sections 7054.6, 7116, 7117, and 103060.
(c) Subdivision (a) of this section shall not apply to the
reburial of Native American remains under an agreement developed
pursuant to subdivision ( l ) of Section 5097.94 of the
Public Resources Code, or implementation of a recommendation or
agreement made pursuant to Section 5097.98 of the Public Resources
Code.
SEC. 34. Section 7054.1 of the Health and Safety Code is amended
to read:
7054.1. No cremated remains or hydrolyzed remains shall
be removed from the place of cremation or hydrolysis ,
nor shall there be any charge for the cremation or hydrolysis
, unless the cremated remains or hydrolyzed remains
have been processed so that they are suitable for inurnment within a
cremated remains container , hydrolyzed
remains container, or an urn. Every contract for cremation
services or hydrolysis services shall include specific
written notification of the processing to the person having the right
to control the disposition of the remains under Section 7100.
SEC. 35. Section 7054.6 of the Health and Safety Code is amended
to read:
7054.6. (a) Cremated remains and hydrolyzed remains
may be removed in a durable container from the place of cremation
, hydrolysis, or interment and kept in the dwelling owned
or occupied by the person having the right to control disposition of
the remains under Section 7100, or the durable container holding the
cremated remains or hydrolyzed remains may be kept in a
church or religious shrine, if written permission of the church or
religious shrine is obtained and there is no conflict with local use
permit requirements or zoning laws, if the removal is under the
authority of a permit for disposition granted under Section 103060.
The placement, in any place, of six or more cremated remains or
hydrolyzed remains under this section does not constitute the
place a cemetery, as defined in Section 7003.
(b) Prior to disposition of cremated remains or hydrolyzed
remains , every licensee or registrant pursuant to Chapter 12
(commencing with Section 7600) or Chapter 19 (commencing with Section
9600) of Division 3 of the Business and Professions Code, and the
agents and employees of the licensee or registrant shall do all of
the following:
(1) Remove the cremated remains or hydrolyzed remains
from the place of cremation or hydrolysis in a durable
container.
(2) Keep the cremated remains or hydrolyzed remains in
a durable container.
(3) Store the cremated remains or hydrolyzed remains in
a place free from exposure to the elements.
(4) Responsibly maintain the cremated remains or hydrolyzed
remains .
SEC. 36. Section 7054.7 of the Health and Safety Code is amended
to read:
7054.7. (a) Except with the express written permission of the
person entitled to control the disposition of the remains, no person
shall:
(1) Cremate the remains of more than one person at the same time
in the same cremation chamber, or introduce the remains of a second
person into a cremation chamber until incineration of any preceding
remains has been terminated and reasonable efforts have been employed
to remove all fragments of the preceding remains. The fact that
there is residue in the cremation chamber or other equipment or any
container used in a prior cremation is not a violation of this
section.
(2) Dispose of or scatter cremated remains in a manner or in a
location that the remains are commingled with those of another
person. This paragraph shall not apply to the scattering of cremated
remains at sea from individual containers or to the disposal in a
dedicated cemetery of accumulated residue removed from a cremation
chamber or other cremation equipment.
(3) Place cremated remains, hydrolyzed remains, or
uncremated remains of more than one person in the same container or
the same interment space. This paragraph shall not apply to the
following:
(A) Interment of members of the same family in a common container
designed for the cremated remains or hydrolyzed remains of
more than one person.
(B) Interment in a space or container that has been previously
designated at the time of sale as being intended for the interment of
remains of more than one person.
(C) Disposal in a dedicated cemetery of residue removed from a
cremation chamber or other cremation equipment.
(b) Written acknowledgement acknowledgment
from the person entitled to control the disposition of the
cremated remains shall be obtained by the person with whom
arrangements are made for disposition of the remains on a form that
includes, but is not limited to, the following information: "The
human body burns with the casket, container, or other material in the
cremation chamber. Some bone fragments are not combustible at the
incineration temperature and, as a result, remain in the cremation
chamber. During the cremation, the contents of the chamber may be
moved to facilitate incineration. The chamber is composed of ceramic
or other material which disintegrates slightly during each cremation
and the product of that disintegration is commingled with the
cremated remains. Nearly all of the contents of the cremation
chamber, consisting of the cremated remains, disintegrated chamber
material, and small amounts of residue from previous cremations, are
removed together and crushed, pulverized, or ground to facilitate
inurnment or scattering. Some residue remains in the cracks and
uneven places of the chamber. Periodically, the accumulation of this
residue is removed and interred in a dedicated cemetery property, or
scattered at sea." The acknowledgment shall be filed and retained,
for at least five years, by the person who disposes of or inters the
remains.
(c) Any person, including any corporation or partnership,
knowingly violating any provision of this section is guilty of a
misdemeanor.
SEC. 37. Section 7054.8 is added to the Health and Safety Code, to
read:
7054.8. (a) Except with the express written permission of the
person entitled to control the disposition of the remains, no person
shall do any of the following:
(1) Hydrolyze the remains of more than one person at the same time
in the same hydrolysis vessel, or introduce the remains of a second
person into a hydrolysis vessel until dissolution of any preceding
remains has been terminated and reasonable efforts have been employed
to remove all fragments of the preceding remains. The fact that
there is residue in the hydrolysis vessel or other equipment or any
container used in a prior cremation is not a violation of this
section.
(2) Dispose of or scatter hydrolyzed remains in a manner or in
such a location that the remains are commingled with those of another
person. This paragraph shall not apply to the scattering of
hydrolyzed remains at sea from individual containers or to the
disposal in a dedicated cemetery of accumulated residue removed from
processing equipment.
(3) Place hydrolyzed remains or other remains of more than one
person in the same container or the same interment space. This
paragraph shall not apply to the following:
(A) Interment of members of the same family in a common container
designed for the hydrolyzed remains or cremated remains of more than
one person.
(B) Interment in a space or container that has been previously
designated at the time of sale as being intended for the interment of
remains of more than one person.
(C) Disposal in a dedicated cemetery of residue removed from
processing equipment.
(b) Written acknowledgment from the person entitled to control the
disposition of the hydrolyzed remains shall be obtained by the
person with whom arrangements are made for disposition of the remains
on a form that includes, but is not limited to, the following
information: "During the alkaline hydrolysis process, chemical
dissolution using heat, high pressure water, and an alkaline solution
is used to chemically break down the human tissue and the
hydrolyzable alkaline hydrolysis container. The process may not
result in complete dissolution. After the process is complete, the
liquid effluent solution contains the chemical byproducts of the
alkaline hydrolysis process except for the deceased's bone fragments.
The solution is cooled and released in accordance with local
environmental regulations. A hot water rinse is applied to the
cremated remains, which are then dried, crushed, pulverized, or
ground to facilitate inurnment or scattering." The acknowledgment
shall be filed and retained, for at least five years, by the person
who disposes of or inters the remains.
(c) Any person, including any corporation or partnership,
violating any provision of this section is guilty of a misdemeanor.
SEC. 38. Section 7055 of the Health and Safety Code is amended to
read:
7055. (a) Every person, who for himself or herself or for another
person, inters or incinerates , cremates, or
hydrolyzes a body or permits the same to be done, or removes
any remains, other than cremated remains or hydrolyzed remains
, from the primary registration district in which the death
or , incineration , or
hydrolysis occurred or the body was found, except a removal by
a funeral director in a funeral director's conveyance or an officer
of a duly accredited medical college engaged in official duties with
respect to the body of a decedent who has willfully donated his or
her body to the medical college from that registration district or
county to another registration district or county, or within the same
registration district or county, without the authority of a burial
or removal permit issued by the local registrar of the district in
which the death occurred or in which the body was found; or removes
interred human remains from the cemetery in which the interment
occurred, or removes cremated remains or hydrolyzed remains
from the premises on which the cremation or hydrolysis
occurred without the authority of a removal permit is guilty of
a misdemeanor and punishable as follows:
(1) For the first offense, by a fine of not less than ten dollars
($10) nor more than five hundred dollars ($500).
(2) For each subsequent offense, by a fine of not less than fifty
dollars ($50) nor more than five hundred dollars ($500) or
imprisonment in the county jail for not more than 60 days, or by
both.
(b) Notwithstanding subdivision (a), a funeral director of a
licensed out-of-state funeral establishment may transport human
remains out of this state without a removal permit when he or she is
acting within the requirements specified in subdivision (b) of
Section 103050.
SEC. 39. Section 7116 of the Health and Safety Code is amended to
read:
7116. Cremated remains or hydrolyzed remains may be
scattered in areas where no local prohibition exists, provided that
the cremated remains or hydrolyzed remains are not
distinguishable to the public, are not in a container, and that the
person who has control over disposition of the cremated remains
or hydrolyzed remains has obtained written permission of the
property owner or governing agency to scatter on the property. A
state or local agency may adopt an ordinance, regulation, or policy,
as appropriate, authorizing, consistent with this section, or
specifically prohibiting, the scattering of cremated human
remains or hydrolyzed remains on lands under the
agency's jurisdiction. The scattering of the cremated remains
or hydrolyzed remains of more than one person in one location
pursuant to this section shall not create a cemetery pursuant to
Section 7003 or any other provision of law.
SEC. 40. Section 7117 of the Health and Safety Code is amended to
read:
7117. (a) Cremated remains or hydrolyzed remains may
be taken by boat from any harbor in this state, or by air, and
scattered at sea. Cremated remains or hydrolyzed remains
shall be removed from their container before the remains are
scattered at sea.
(b) Any person who scatters at sea, either from a boat or from the
air, any human cremated remains or hydrolyzed remains
shall, 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 or
hydrolyzed remains were scattered, and any other information
that the local registrar of births and deaths may require. The first
copy of the endorsed permit shall be filed with the local registrar
of births and deaths within 10 days of disposition. The third copy
shall be returned to the office of issuance.
(c) For purposes of this section, the phrase "at sea" includes 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. Nothing in this section shall be construed to
allow the scattering of cremated human remains
or hydrolyzed remains from a bridge or pier.
(d) Notwithstanding any other provision of this code, the cremated
remains or hydrolyzed remains of a deceased person may be
scattered at sea as provided in this section and Section 103060.
SEC. 41. Article 8 (commencing with Section 8370) is added to
Chapter 2 of Part 3 of Division 8 of the Health and Safety Code, to
read:
Article 8. Hydrolysis Facilities
8370. No hydrolysis facility shall conduct, or shall hereafter be
constructed, established, or authorized to conduct, any business
unless there is in connection therewith in the same building or
structure or in a separate building within the same cemetery, a
columbarium, a burial park, or a mausoleum amply equipped at all
times for the interment of remains of bodies cremated at the
hydrolysis facility.
8371. All hydrolyzed remains not disposed of in accordance with
this chapter, within one year, shall be interred.
8372. No hydrolysis facility shall make or enforce any rules
requiring that human remains be placed in a casket before hydrolysis
or that human remains be hydrolyzed in a casket, nor shall a
hydrolysis facility refuse to accept human remains for hydrolysis for
the reason that they are not in a casket. Every director, officer,
agent, or representative of a hydrolysis facility who violates this
section is guilty of a misdemeanor. Nothing in this section shall be
construed to prohibit the requiring of some type of container or
disposal unit.
8373. (a) A hydrolysis facility shall maintain on its premises,
or other business location within the state, an accurate record of
all hydrolyses performed, including all of the following information.
(1) Name of referring funeral director, if any.
(2) Name of deceased.
(3) Date of hydrolysis.
(4) Name of hydrolysis vessel operator.
(5) Date that body was inserted in hydrolysis vessel.
(6) Date that body was removed from hydrolysis vessel.
(7) Date that final processing of hydrolyzed remains was
completed.
(8) Disposition of hydrolyzed remains.
(9) Name and address of authorizing agent.
(10) The identification number assigned to the deceased, pursuant
to Section 8374.
(11) A photocopy of the disposition permit filed in connection
with the disposition.
(12) Any documentation of compliance with appropriate
environmental and safety laws.
(b) This information shall be maintained for at least 10 years
after the hydrolysis is performed and shall be subject to inspection
by the Cemetery and Funeral Bureau.
8374. (a) A hydrolysis facility shall maintain an identification
system allowing identification of each decedent beginning from the
time the hydrolysis facility accepts delivery of human remains until
the point at which it releases the hydrolyzed remains to a third
party. After hydrolysis, an identifying disk, tab, or other permanent
label shall be placed within the urn or hydrolyzed remains container
before the hydrolyzed remains are released from the hydrolysis
facility. Each identification disk, tab, or label shall have a unique
number that shall be recorded on all paperwork regarding the
decedent's case and in the hydrolysis facility log. Each hydrolysis
facility shall maintain a written procedure for identification of
remains.
(b) A hydrolysis facility that fails, when requested by an
official of the Cemetery and Funeral Bureau, to produce a written
procedure for identification of remains, shall have 15 working days
from the time of the request to produce an identification procedure
for review by the executive officer of the Cemetery Board. The
license of the hydrolysis facility shall be suspended pursuant to
Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of
Title 2 of the Government Code, if no identification procedure is
produced for review after 15 working days have elapsed.
8375. A hydrolysis facility regulated by the Cemetery and Funeral
Bureau shall knowingly hydrolyze only human remains in hydrolysis
chambers, along with the hydrolysis container.
8376. If a hydrolyzed remains container is of insufficient
capacity to accommodate all hydrolyzed remains of a given deceased,
the hydrolysis facility shall provide a larger hydrolyzed remains
container or urn at no additional cost, or place the excess remains
in a secondary cremated remains container and attach the second
container, in a manner so as not to be easily detached through
incidental contact, to the primary cremated remains container for
interment, scattering, or other disposition by the person entitled to
control the disposition.
8377. A hydrolysis facility shall not accept human remains for
hydrolysis unless the remains meet both of the following
requirements:
(a) The remains shall be in a hydrolysis container, as defined.
(b) The hydrolysis container shall be labeled with the identity of
the decedent.
8378. Within two hours after a licensed hydrolysis facility
licensed takes custody of a body that has not been embalmed, it shall
refrigerate the body at a temperature not greater than 50 degrees
Fahrenheit, unless the hydrolysis process will begin within 24 hours
of the time that the hydrolysis facility took custody.
8379. Every hydrolysis facility manager or duly authorized
representative shall provide to any person who inquires in person, a
written or printed list of prices for hydrolysis and storage,
hydrolysis containers, hydrolysis remains containers and urns, and
requirements for hydrolysis containers. This information shall be
provided over the telephone when requested. Any written or printed
list shall identify the hydrolysis facility and shall contain, at a
minimum, the current address and phone number of the Cemetery and
Funeral Bureau in 8-point boldface type, or larger.
8380. (a) The hydrolysis facility licensee, or its authorized
representatives, shall provide instruction to all hydrolysis facility
personnel involved in the hydrolysis process. This instruction shall
lead to a demonstrated knowledge on the part of an employee
regarding identification procedures used during hydrolysis, operation
of the hydrolysis chamber and processing equipment, and all laws
relevant to the handling of a body and hydrolyzed remains. This
instruction shall be outlined in a written plan maintained by the
hydrolysis facility licensee for inspection and comment by an
inspector of the Cemetery and Funeral Bureau.
(b) No employee of a hydrolysis facility shall be allowed to
operate any hydrolysis equipment until he or she has demonstrated to
the licensee or authorized representative that he or she understands
the procedures required to ensure the health and safety conditions
are maintained at the hydrolysis facility and that hydrolyzed remains
are not commingled. The hydrolysis facility licensee shall maintain
a record to document that an employee has received the training
specified in this section.
(c) A hydrolysis facility that fails, when requested by an
official of the bureau, to produce a written employee instruction
plan or record of employee training for inspection, shall have 15
working days from the time of the request to produce a plan or
training record for review by the executive officer of the bureau.
The license of the hydrolysis facility shall be suspended, pursuant
to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3
of Title 2 of the Government Code, if no plan or training record is
produced for review after 15 working days have elapsed.
SEC. 42. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
