California 2015 2015-2016 Regular Session

California Assembly Bill AB2672 Introduced / Bill

Filed 02/19/2016

 BILL NUMBER: AB 2672INTRODUCED 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.