California 2017-2018 Regular Session

California Assembly Bill AB356 Compare Versions

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1		-	Assembly Bill No. ~~356 CHAPTER 187~~ An act to amend Section 103050 of the Health and Safety Code, relating to human remains. ~~[ Approved by Governor September 01, 2017. Filed with Secretary of State September 01, 2017. ]~~ LEGISLATIVE COUNSEL'S DIGESTAB 356, Bigelow. Human remains: disposition.Existing law authorizes human remains to be transported from California to an adjacent state for disposition in that state without a death certificate or permit for disposition in specified circumstances if the remains are found within 50 miles of the California border and the nearest licensed funeral establishment is within 20 miles of the border in the adjacent state, and the remains are released to that funeral establishment.This bill would authorize human remains to be transported from California to an adjacent state for disposition in that state without a death certificate or a permit for disposition if the remains are found within 50 miles of the California border and a licensed funeral establishment in the adjacent state is within 30 miles of the county border in which the decedent died, and the remains are released to that funeral establishment.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 103050 of the Health and Safety Code is amended to read:103050. (a) A person shall not dispose of human remains unless both of the following have occurred:(1) There has been obtained and filed with a local registrar a death certificate, as provided in Chapter 6 (commencing with Section 102775).(2) There has been obtained from a local registrar a permit for disposition.(b) (1) Notwithstanding subdivision (a), neither a death certificate nor a permit for disposition shall be required to transport human remains from California to an adjacent state for disposition in that state when all of the following circumstances exist:(A) The remains are found within 50 miles of the California border and a licensed funeral establishment in the adjacent state is within 30 miles of the county border in which the decedent died, and the remains are released to that funeral establishment.(B) The coroner with jurisdiction over the area in which the remains were found authorizes their release pursuant to paragraph (2).(2) The coroner may release the remains to a licensed out-of-state funeral establishment without a death certificate or permit for disposition when he or she determines that all of the following conditions exist:(A) No forensic interest in the remains exists.(B) A reasonable certainty exists that the cause of death will be provided either by the primary physician, or by a review of medical records by the coroner or medical examiner.(3) The coroner with jurisdiction over the area in which the remains were found who releases the remains to an out-of-state funeral establishment shall, within 72 hours after the remains were found, file a death certificate with the local registrar.(c) Nothing in this section shall exempt a coroner, health officer, health care provider, or other individual from requirements to report a case or suspected case of any reportable communicable diseases or conditions pursuant to any provision of the Health and Safety Code or the California Code of Regulations.
	1	+	Enrolled August 25, 2017 Passed IN Senate July 10, 2017 Passed IN Assembly August 24, 2017 Amended IN Senate June 20, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 356Introduced by Assembly Member BigelowFebruary 08, 2017 An act to amend Section 103050 of the Health and Safety Code, relating to human remains. LEGISLATIVE COUNSEL'S DIGESTAB 356, Bigelow. Human remains: disposition.Existing law authorizes human remains to be transported from California to an adjacent state for disposition in that state without a death certificate or permit for disposition in specified circumstances if the remains are found within 50 miles of the California border and the nearest licensed funeral establishment is within 20 miles of the border in the adjacent state, and the remains are released to that funeral establishment.This bill would authorize human remains to be transported from California to an adjacent state for disposition in that state without a death certificate or a permit for disposition if the remains are found within 50 miles of the California border and a licensed funeral establishment in the adjacent state is within 30 miles of the county border in which the decedent died, and the remains are released to that funeral establishment.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 103050 of the Health and Safety Code is amended to read:103050. (a) A person shall not dispose of human remains unless both of the following have occurred:(1) There has been obtained and filed with a local registrar a death certificate, as provided in Chapter 6 (commencing with Section 102775).(2) There has been obtained from a local registrar a permit for disposition.(b) (1) Notwithstanding subdivision (a), neither a death certificate nor a permit for disposition shall be required to transport human remains from California to an adjacent state for disposition in that state when all of the following circumstances exist:(A) The remains are found within 50 miles of the California border and a licensed funeral establishment in the adjacent state is within 30 miles of the county border in which the decedent died, and the remains are released to that funeral establishment.(B) The coroner with jurisdiction over the area in which the remains were found authorizes their release pursuant to paragraph (2).(2) The coroner may release the remains to a licensed out-of-state funeral establishment without a death certificate or permit for disposition when he or she determines that all of the following conditions exist:(A) No forensic interest in the remains exists.(B) A reasonable certainty exists that the cause of death will be provided either by the primary physician, or by a review of medical records by the coroner or medical examiner.(3) The coroner with jurisdiction over the area in which the remains were found who releases the remains to an out-of-state funeral establishment shall, within 72 hours after the remains were found, file a death certificate with the local registrar.(c) Nothing in this section shall exempt a coroner, health officer, health care provider, or other individual from requirements to report a case or suspected case of any reportable communicable diseases or conditions pursuant to any provision of the Health and Safety Code or the California Code of Regulations.
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3		-	Assembly Bill No. 356 CHAPTER 187 An act to amend Section 103050 of the Health and Safety Code, relating to human remains. [ Approved by Governor September 01, 2017. Filed with Secretary of State September 01, 2017. ] LEGISLATIVE COUNSEL'S DIGESTAB 356, Bigelow. Human remains: disposition.Existing law authorizes human remains to be transported from California to an adjacent state for disposition in that state without a death certificate or permit for disposition in specified circumstances if the remains are found within 50 miles of the California border and the nearest licensed funeral establishment is within 20 miles of the border in the adjacent state, and the remains are released to that funeral establishment.This bill would authorize human remains to be transported from California to an adjacent state for disposition in that state without a death certificate or a permit for disposition if the remains are found within 50 miles of the California border and a licensed funeral establishment in the adjacent state is within 30 miles of the county border in which the decedent died, and the remains are released to that funeral establishment.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
	3	+	Enrolled August 25, 2017 Passed IN Senate July 10, 2017 Passed IN Assembly August 24, 2017 Amended IN Senate June 20, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 356Introduced by Assembly Member BigelowFebruary 08, 2017 An act to amend Section 103050 of the Health and Safety Code, relating to human remains. LEGISLATIVE COUNSEL'S DIGESTAB 356, Bigelow. Human remains: disposition.Existing law authorizes human remains to be transported from California to an adjacent state for disposition in that state without a death certificate or permit for disposition in specified circumstances if the remains are found within 50 miles of the California border and the nearest licensed funeral establishment is within 20 miles of the border in the adjacent state, and the remains are released to that funeral establishment.This bill would authorize human remains to be transported from California to an adjacent state for disposition in that state without a death certificate or a permit for disposition if the remains are found within 50 miles of the California border and a licensed funeral establishment in the adjacent state is within 30 miles of the county border in which the decedent died, and the remains are released to that funeral establishment.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
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	5	+	Enrolled August 25, 2017 Passed IN Senate July 10, 2017 Passed IN Assembly August 24, 2017 Amended IN Senate June 20, 2017
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	7	+	Enrolled August 25, 2017
	8	+	Passed IN Senate July 10, 2017
	9	+	Passed IN Assembly August 24, 2017
	10	+	Amended IN Senate June 20, 2017
	11	+
	12	+	CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
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5	14		Assembly Bill No. 356
6		-	CHAPTER 187
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	16	+	Introduced by Assembly Member BigelowFebruary 08, 2017
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	18	+	Introduced by Assembly Member Bigelow
	19	+	February 08, 2017
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8	21		An act to amend Section 103050 of the Health and Safety Code, relating to human remains.
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10		-	[ Approved by Governor September 01, 2017. Filed with Secretary of State September 01, 2017. ]
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12	23		LEGISLATIVE COUNSEL'S DIGEST
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14	25		## LEGISLATIVE COUNSEL'S DIGEST
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16	27		AB 356, Bigelow. Human remains: disposition.
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18	29		Existing law authorizes human remains to be transported from California to an adjacent state for disposition in that state without a death certificate or permit for disposition in specified circumstances if the remains are found within 50 miles of the California border and the nearest licensed funeral establishment is within 20 miles of the border in the adjacent state, and the remains are released to that funeral establishment.This bill would authorize human remains to be transported from California to an adjacent state for disposition in that state without a death certificate or a permit for disposition if the remains are found within 50 miles of the California border and a licensed funeral establishment in the adjacent state is within 30 miles of the county border in which the decedent died, and the remains are released to that funeral establishment.
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20	31		Existing law authorizes human remains to be transported from California to an adjacent state for disposition in that state without a death certificate or permit for disposition in specified circumstances if the remains are found within 50 miles of the California border and the nearest licensed funeral establishment is within 20 miles of the border in the adjacent state, and the remains are released to that funeral establishment.
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22	33		This bill would authorize human remains to be transported from California to an adjacent state for disposition in that state without a death certificate or a permit for disposition if the remains are found within 50 miles of the California border and a licensed funeral establishment in the adjacent state is within 30 miles of the county border in which the decedent died, and the remains are released to that funeral establishment.
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24	35		## Digest Key
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26	37		## Bill Text
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28	39		The people of the State of California do enact as follows:SECTION 1. Section 103050 of the Health and Safety Code is amended to read:103050. (a) A person shall not dispose of human remains unless both of the following have occurred:(1) There has been obtained and filed with a local registrar a death certificate, as provided in Chapter 6 (commencing with Section 102775).(2) There has been obtained from a local registrar a permit for disposition.(b) (1) Notwithstanding subdivision (a), neither a death certificate nor a permit for disposition shall be required to transport human remains from California to an adjacent state for disposition in that state when all of the following circumstances exist:(A) The remains are found within 50 miles of the California border and a licensed funeral establishment in the adjacent state is within 30 miles of the county border in which the decedent died, and the remains are released to that funeral establishment.(B) The coroner with jurisdiction over the area in which the remains were found authorizes their release pursuant to paragraph (2).(2) The coroner may release the remains to a licensed out-of-state funeral establishment without a death certificate or permit for disposition when he or she determines that all of the following conditions exist:(A) No forensic interest in the remains exists.(B) A reasonable certainty exists that the cause of death will be provided either by the primary physician, or by a review of medical records by the coroner or medical examiner.(3) The coroner with jurisdiction over the area in which the remains were found who releases the remains to an out-of-state funeral establishment shall, within 72 hours after the remains were found, file a death certificate with the local registrar.(c) Nothing in this section shall exempt a coroner, health officer, health care provider, or other individual from requirements to report a case or suspected case of any reportable communicable diseases or conditions pursuant to any provision of the Health and Safety Code or the California Code of Regulations.
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30	41		The people of the State of California do enact as follows:
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32	43		## The people of the State of California do enact as follows:
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34	45		SECTION 1. Section 103050 of the Health and Safety Code is amended to read:103050. (a) A person shall not dispose of human remains unless both of the following have occurred:(1) There has been obtained and filed with a local registrar a death certificate, as provided in Chapter 6 (commencing with Section 102775).(2) There has been obtained from a local registrar a permit for disposition.(b) (1) Notwithstanding subdivision (a), neither a death certificate nor a permit for disposition shall be required to transport human remains from California to an adjacent state for disposition in that state when all of the following circumstances exist:(A) The remains are found within 50 miles of the California border and a licensed funeral establishment in the adjacent state is within 30 miles of the county border in which the decedent died, and the remains are released to that funeral establishment.(B) The coroner with jurisdiction over the area in which the remains were found authorizes their release pursuant to paragraph (2).(2) The coroner may release the remains to a licensed out-of-state funeral establishment without a death certificate or permit for disposition when he or she determines that all of the following conditions exist:(A) No forensic interest in the remains exists.(B) A reasonable certainty exists that the cause of death will be provided either by the primary physician, or by a review of medical records by the coroner or medical examiner.(3) The coroner with jurisdiction over the area in which the remains were found who releases the remains to an out-of-state funeral establishment shall, within 72 hours after the remains were found, file a death certificate with the local registrar.(c) Nothing in this section shall exempt a coroner, health officer, health care provider, or other individual from requirements to report a case or suspected case of any reportable communicable diseases or conditions pursuant to any provision of the Health and Safety Code or the California Code of Regulations.
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36	47		SECTION 1. Section 103050 of the Health and Safety Code is amended to read:
37	48
38	49		### SECTION 1.
39	50
40	51		103050. (a) A person shall not dispose of human remains unless both of the following have occurred:(1) There has been obtained and filed with a local registrar a death certificate, as provided in Chapter 6 (commencing with Section 102775).(2) There has been obtained from a local registrar a permit for disposition.(b) (1) Notwithstanding subdivision (a), neither a death certificate nor a permit for disposition shall be required to transport human remains from California to an adjacent state for disposition in that state when all of the following circumstances exist:(A) The remains are found within 50 miles of the California border and a licensed funeral establishment in the adjacent state is within 30 miles of the county border in which the decedent died, and the remains are released to that funeral establishment.(B) The coroner with jurisdiction over the area in which the remains were found authorizes their release pursuant to paragraph (2).(2) The coroner may release the remains to a licensed out-of-state funeral establishment without a death certificate or permit for disposition when he or she determines that all of the following conditions exist:(A) No forensic interest in the remains exists.(B) A reasonable certainty exists that the cause of death will be provided either by the primary physician, or by a review of medical records by the coroner or medical examiner.(3) The coroner with jurisdiction over the area in which the remains were found who releases the remains to an out-of-state funeral establishment shall, within 72 hours after the remains were found, file a death certificate with the local registrar.(c) Nothing in this section shall exempt a coroner, health officer, health care provider, or other individual from requirements to report a case or suspected case of any reportable communicable diseases or conditions pursuant to any provision of the Health and Safety Code or the California Code of Regulations.
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42	53		103050. (a) A person shall not dispose of human remains unless both of the following have occurred:(1) There has been obtained and filed with a local registrar a death certificate, as provided in Chapter 6 (commencing with Section 102775).(2) There has been obtained from a local registrar a permit for disposition.(b) (1) Notwithstanding subdivision (a), neither a death certificate nor a permit for disposition shall be required to transport human remains from California to an adjacent state for disposition in that state when all of the following circumstances exist:(A) The remains are found within 50 miles of the California border and a licensed funeral establishment in the adjacent state is within 30 miles of the county border in which the decedent died, and the remains are released to that funeral establishment.(B) The coroner with jurisdiction over the area in which the remains were found authorizes their release pursuant to paragraph (2).(2) The coroner may release the remains to a licensed out-of-state funeral establishment without a death certificate or permit for disposition when he or she determines that all of the following conditions exist:(A) No forensic interest in the remains exists.(B) A reasonable certainty exists that the cause of death will be provided either by the primary physician, or by a review of medical records by the coroner or medical examiner.(3) The coroner with jurisdiction over the area in which the remains were found who releases the remains to an out-of-state funeral establishment shall, within 72 hours after the remains were found, file a death certificate with the local registrar.(c) Nothing in this section shall exempt a coroner, health officer, health care provider, or other individual from requirements to report a case or suspected case of any reportable communicable diseases or conditions pursuant to any provision of the Health and Safety Code or the California Code of Regulations.
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44	55		103050. (a) A person shall not dispose of human remains unless both of the following have occurred:(1) There has been obtained and filed with a local registrar a death certificate, as provided in Chapter 6 (commencing with Section 102775).(2) There has been obtained from a local registrar a permit for disposition.(b) (1) Notwithstanding subdivision (a), neither a death certificate nor a permit for disposition shall be required to transport human remains from California to an adjacent state for disposition in that state when all of the following circumstances exist:(A) The remains are found within 50 miles of the California border and a licensed funeral establishment in the adjacent state is within 30 miles of the county border in which the decedent died, and the remains are released to that funeral establishment.(B) The coroner with jurisdiction over the area in which the remains were found authorizes their release pursuant to paragraph (2).(2) The coroner may release the remains to a licensed out-of-state funeral establishment without a death certificate or permit for disposition when he or she determines that all of the following conditions exist:(A) No forensic interest in the remains exists.(B) A reasonable certainty exists that the cause of death will be provided either by the primary physician, or by a review of medical records by the coroner or medical examiner.(3) The coroner with jurisdiction over the area in which the remains were found who releases the remains to an out-of-state funeral establishment shall, within 72 hours after the remains were found, file a death certificate with the local registrar.(c) Nothing in this section shall exempt a coroner, health officer, health care provider, or other individual from requirements to report a case or suspected case of any reportable communicable diseases or conditions pursuant to any provision of the Health and Safety Code or the California Code of Regulations.
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48	59		103050. (a) A person shall not dispose of human remains unless both of the following have occurred:
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50	61		(1) There has been obtained and filed with a local registrar a death certificate, as provided in Chapter 6 (commencing with Section 102775).
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52	63		(2) There has been obtained from a local registrar a permit for disposition.
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54	65		(b) (1) Notwithstanding subdivision (a), neither a death certificate nor a permit for disposition shall be required to transport human remains from California to an adjacent state for disposition in that state when all of the following circumstances exist:
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56	67		(A) The remains are found within 50 miles of the California border and a licensed funeral establishment in the adjacent state is within 30 miles of the county border in which the decedent died, and the remains are released to that funeral establishment.
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58	69		(B) The coroner with jurisdiction over the area in which the remains were found authorizes their release pursuant to paragraph (2).
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60	71		(2) The coroner may release the remains to a licensed out-of-state funeral establishment without a death certificate or permit for disposition when he or she determines that all of the following conditions exist:
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62	73		(A) No forensic interest in the remains exists.
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64	75		(B) A reasonable certainty exists that the cause of death will be provided either by the primary physician, or by a review of medical records by the coroner or medical examiner.
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66	77		(3) The coroner with jurisdiction over the area in which the remains were found who releases the remains to an out-of-state funeral establishment shall, within 72 hours after the remains were found, file a death certificate with the local registrar.
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68	79		(c) Nothing in this section shall exempt a coroner, health officer, health care provider, or other individual from requirements to report a case or suspected case of any reportable communicable diseases or conditions pursuant to any provision of the Health and Safety Code or the California Code of Regulations.