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.

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.

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 licenced funeral establishment in the adjacent state is within 50 30 miles of the border in the adjacent state county border in which the decedent died, and the remains are released to that funeral establishment.

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 licenced funeral establishment is within 50 miles of the border in the adjacent state and the remains are released to that funeral establishment.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 356

Author:(Bigelow)

As Amended Ver:June 20, 2017

Majority vote

Original Committee Reference: PUB. S.

SUMMARY: Expands the distance for which human remains may be transported for disposition in an adjacent state.

The Senate amendments require that the licensed funeral home in the adjacent state be within 30 miles of the border rather than 50 miles.

EXISTING LAW:

1. Provides that every person, who for himself or herself or for another person, inters or incinerates a body or permits the same to be done, or removes any remains, other than cremated remains, from the primary registration district in which the death or incineration 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 from the premises on which the cremation 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 $10 nor more than $500.
   2. For each subsequent offense, by a fine of not less than $50 nor more than $500 or imprisonment in the county jail for not more than 60 days, or by both fine and imprisonment.
2. Provides that no person shall dispose of human remains unless there has been obtained and filed with a local registrar a death certificate, as specified; and there has been obtained from a local registrar a permit for disposition.

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.

AS PASSED BY THE ASSEMBLY, this bill authorized 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 are being released to a licensed funeral establishment within 50 miles of the border in the adjacent state.

FISCAL EFFECT: Unknown. This bill is keyed non-fiscal by the Legislative Counsel.

COMMENTS: According to the author, "For Alpine County, the nearest out-of-state licensed funeral homes are 22 and 24 miles from the California state line, which does not comply with the current 20-mile restriction. This imposes an undue burden on families who might have to use another funeral home simply because their preferred choice happens to be in another state."

Analysis Prepared by: Gregory Pagan / PUB. S. / (916) 319-3744 FN: 0001141

 CONSENT  

Bill No: AB 356

Author:

:

Vote:

SENATE HEALTH COMMITTEE: 9-0, 6/14/17

AYES: Hernandez, Nguyen, Atkins, Leyva, Mitchell, Monning, Newman, Nielsen, Roth

SENATE BUS., PROF. & ECON. DEV. COMMITTEE: 6-0, 7/3/17

AYES: Hill, Dodd, Galgiani, Newman, Pan, Wilk

NO VOTE RECORDED: Fuller, Glazer, Hernandez

ASSEMBLY FLOOR: 76-0, 3/23/17 (Consent) - See last page for vote

SUBJECT:

SOURCE: California State Sheriff’s Association

DIGEST:

This bill authorizes remains found within 50 miles of the California border to be released to a licensed funeral establishment that is within 30 miles of the county border in which the decedent died and the adjacent state.

ANALYSIS:

Existing law:

1. Requires that in order to dispose of human remains, a death certificate has been obtained and filed with the local registrar; and that a permit for disposition has been obtained from the local registrar.
   
2. 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 by the county coroner.

This bill authorizes 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 are being released to a licensed funeral establishment within 30 miles of the county border in which the decedent died and the adjacent state

Comments

1. Author’s statement. According to the author, the current 20 mile parameter affecting out-of-state funeral home use is unduly restrictive for some Californians who have pre-paid funeral arrangements with out-of-state licensed funeral homes. When nearby funeral homes happen to be across state lines, families should have some flexibility to use the service provider of their choice, especially when the death is routine.
   
2. Affected areas: Given the 50-mile distance requirement under current law, this bill applies to decedents and their families of certain areas in the following California counties: Alpine, Del Norte, El Dorado, Imperial, Inyo, Lassen, Modoc, Mono, Nevada, Placer, Riverside, San Bernardino, Sierra, and Siskiyou.
3. Alpine County, CA. Alpine County in Northern California borders Nevada and has a population of 1,175 according to the 2010 U.S. Census. There are no funeral establishments in Alpine County and most residents depend on funeral arrangements in neighboring counties or across state lines in Nevada. The closest out-of-state funeral establishments to Alpine County are located in Gardnerville, NV, which is 8.7 miles across the California border. The two funeral homes in Gardnerville are 1.1 miles apart. There are five funeral homes located in Carson City, NV, which are the next closest funeral homes to Alpine County residents. According to the Alpine County Sheriff’s office, less than five decedents and their families a year seek funeral services outside of California. However, many have established relationships with businesses across state lines in Nevada and have encountered difficulties receiving services with funeral homes outside of the current mileage restrictions. The funeral homes in Carson City, NV are between 22 and 26 miles from the Alpine County border.
4. Release of a decedent to a funeral home. According to state law, the county coroner inquires and determines the circumstances, manner, and cause of all sudden, violent, or unusual deaths, and those deaths where the decedent has not been seen by a physician 20 days prior to death. In the case where a coroner is performing an investigation, the decedent cannot be released to a funeral home outside of the state of California until the inquiry has been completed and the coroner has no further investigational interest. However, if a natural death occurred in a hospital or medical facility and/or under a hospice physician’s care, a coroner’s investigation is not necessary. According to the Alpine County Sheriff’s office, the release of decedent after a natural death in Alpine County, where the family has not filed a death certificate or obtained a permit for disposition, requires approval from the Sheriff/Coroner’s office in order to transport the remains to a funeral home in an adjacent state.
   

Related/Prior Legislation

AB 2105 (Emmerson, Chapter 463, Statutes of 2006) authorized 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 by the county coroner.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 7/5/17)

California State Sheriff’s Association (source)

California Funeral Directors Association

California State Coroners’ Association

OPPOSITION: (Verified 7/5/17)

None received

ARGUMENTS IN SUPPORT: The California State Sheriff’s Association are sponsoring AB 356 because the current 20-mile limit on the use of the nearest out-of-state funeral establishment is too restrictive given the geographical realities of some counties in California. The California Funeral Directors Association supports AB 356 because current law, limits the choice of out-of-state funeral home to the nearest one within 20 miles of the adjacent state, does not fairly account for the geographical limitations that exist in some areas of population within our state at a time of loss. It also states that 20 miles is inefficient and the amendment to 50 miles would rectify this problem.

ASSEMBLY FLOOR: 76-0, 3/23/17

AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bocanegra, Bonta, Brough, Caballero, Calderon, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gomez, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

NO VOTE RECORDED: Burke, Dababneh, Reyes, Ridley-Thomas

Prepared by:

7/5/17 16:24:55

**** END ****

SENATE COMMITTEE ON

BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT

Senator Jerry Hill, Chair

2017 - 2018 Regular

Bill No: AB 356 Hearing Date: July 3, 2017

Subject: Human remains: disposition

SUMMARY:

Amends an exemption to the requirement of a death certificate and permit for final disposition in a state adjacent to California in cases where a licensed funeral establishment in the adjacent state is within 30 miles of the county border in which the decedent died, as specified.

NOTE:

This measure was double-referred from the Senate Committee on Health, where it passed on a (9-0) vote.

Existing law:

1. Prohibits a person from disposing of human remains unless a death certificate has been obtained and filed with a local registrar and there has been obtained from a local registrar, a permit for disposition. (Health and Safety Code (HSC) § 10300(a))
   
2. Specifies that neither a death certificate nor a permit for disposition is required to transport human remains from California to an adjacent state when all of the following exist: (HSC § 103050(b)(1))
3. The remains are found within 50 miles of the California border and the nearest funeral establishment is within 20 miles of the border in the adjacent state, and the remains are released to that funeral establishment; and,
4. The coroner with jurisdiction over the area in which the remains were found authorizes their release.
   
5. Permits a coroner to 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: (HSC § 103050(2))
6. No forensic interest in the remains exist; and,
7. 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.
   
   
   
8. Requires a coroner with jurisdiction over the area in which the remains were found who releases the remains to an out-of-state funeral establishment within 72 hours after the remains were found, to file a death certificate with the local registrar.
   (BPC § 103050(3))

This bill:

1. Authorizes human remains to be transported, within 30 miles instead of 20, to an adjacent state of the county border in which the decedent died, for purposes of final disposition, as specified.
   
2. Makes other minor and technical amendments.

FISCAL EFFECT:

None. This bill is not keyed fiscal by Legislative Counsel.

COMMENTS:

1. Purpose. This bill is sponsored by the California State Sheriffs’ Association. According to the Author, “Residents of some border counties in California often utilize businesses in adjacent states because of their close proximity to their residence. For example, in Alpine County, hospice care patients often prefer to use the services of funeral establishments in the State of Nevada. However, the nearest out-of-state licensed funeral homes are 22 and 24 miles from the California state line, which means the existing exemption doesn't apply. This imposes an undue burden on families who might have to use another funeral home simply because their preferred choice happens to be in another state.”
2. Background. Current law prohibits the disposition of a deceased person unless a death certificate has been issued and a permit has been acquired by a local registrar. However, if a person is transporting human remains from California to the nearest state, and it is within 20 miles of the border and the coroner releases the body, then a permit or death certificate is not necessary. The Author notes that the current 20 mile limit may be too restrictive for residents residing in communities close to California’s border with other states. Funeral service providers in a neighboring state may be in closer proximity to a resident than a California based provider. This bill simply increases, from 20 miles of the state border to 30 miles of the county border, the distance in which a person can transport human remains to another state for purposes of final disposition.
3. Related Legislation This Session. AB 967 (Gloria) establishes the regulatory process for hydrolysis facilities under the Cemetery and Funeral Bureau (Bureau) beginning January 1, 2019; imposes the same requirements on hydrolyzed remains as for cremated remains; specifies training standards for hydrolysis facility employees; and, specifies the requirements for disposal of hydrolysate.
4. Prior Related Legislation. AB 2105 (Emmerson, Chapter 463, Statutes of 2006) provided for procedures for the transport of human remains out of state.
5. Arguments in Support. The California State Sheriffs’ Association writes in support, “Current statute authorizes the disposal of human remains, without a death certificate or a permit, to the nearest out-of-state funeral establishment as long as the funeral home is within 20 miles of the border in the adjacent state. However, the 20-mile limit is too restrictive given the geographical realities of some counties in California.”

SUPPORT AND OPPOSITION:

Support:

California State Sheriffs’ Association (Sponsor)

Opposition:

None on file as of June 27, 2017.

-- END --

SENATE COMMITTEE ON HEALTH

Senator Ed Hernandez, O.D., Chair

BILL NO: AB 356

SUBJECT: Human remains: disposition

SUMMARY:

Authorizes remains found within 50 miles of the California border to be released to a licensed funeral establishment that is within 50 miles of the border in an adjacent state.

Existing law:

1. Requires that in order to dispose of human remains, a death certificate has been obtained and filed with the local registrar; and that a permit for disposition has been obtained from the local registrar.
   
2. 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 by the county coroner.

This bill: Authorizes 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 are being released to a licensed funeral establishment within 50 miles of the border in the adjacent state.

FISCAL EFFECT:

This bill is keyed non-fiscal.

PRIOR VOTES:

COMMENTS:

1. Author’s statement. According to the author, the current 20 mile parameter affecting out-of-state funeral home use is unduly restrictive for some Californians who have pre-paid funeral arrangements with out-of-state licensed funeral homes. When nearby funeral homes happen to be across state lines, families should have some flexibility to use the service provider of their choice, especially when the death is routine.
   
2. Affected areas: Given the 50-mile distance requirement under current law, this bill applies to decedents and their families of certain areas in the following California counties: Alpine, Del Norte, El Dorado, Imperial, Inyo, Lassen, Modoc, Mono, Nevada, Placer, Riverside, San Bernardino, Sierra, and Siskiyou.
3. Alpine County, CA. Alpine County in Northern California borders Nevada and has a population of 1,175 according to the 2010 U.S. Census. There are no funeral establishments in Alpine County and most residents depend on funeral arrangements in neighboring counties or across state lines in Nevada. The closest out-of-state funeral establishments to Alpine County are located in Gardnerville, NV, which is 8.7 miles across the California border. The two funeral homes in Gardnerville are 1.1 miles apart. There are five funeral homes located in Carson City, NV, which are the next closest funeral homes to Alpine County residents. According to the Alpine County Sheriff’s office, less than five decedents and their families a year seek funeral services outside of California. However, many have established relationships with businesses across state lines in Nevada and have encountered difficulties receiving services with funeral homes outside of the current mileage restrictions. The funeral homes in Carson City, NV are between 22 and 26 miles from the Alpine County border.
4. Release of a decedent to a funeral home. According to state law, the county coroner inquires and determines the circumstances, manner, and cause of all sudden, violent, or unusual deaths, and those deaths where the decedent has not been seen by a physician 20 days prior to death. In the case where a coroner is performing an investigation, the decedent cannot be released to a funeral home outside of the state of California until the inquiry has been completed and the coroner has no further investigational interest. However, if a natural death occurred in a hospital or medical facility and/or under a hospice physician’s care, a coroner’s investigation is not necessary. According to the Alpine County Sheriff’s office, the release of decedent after a natural death in Alpine County, where the family has not filed a death certificate or obtained a permit for disposition, requires approval from the Sheriff/Coroner’s office in order to transport the remains to a funeral home in an adjacent state.
   
5. Double referral. This bill is double referred. Should it pass out of this committee, it will be referred to the Senate Committee on Business, Professions, and Economic Development.
   
6. Prior legislation. AB 2105 (Emmerson, Chapter 463, Statutes of 2006) 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 by the county coroner.
   
7. Support. The California State Sheriff’s Association are sponsoring SB 356 because the current 20-mile limit on the use of the nearest out-of-state funeral establishment is too restrictive given the geographical realities of some counties in California. The California Funeral Directors Association supports SB 356 because current law, limits the choice of out-of-state funeral home to the nearest one within 20 miles of the adjacent state, does not fairly account for the geographical limitations that exist in some areas of population within our state at a time of loss. It also states that 20 miles is inefficient and the amendment to 50 miles would rectify this problem.
   
8. Amendments. The author has agreed to take the following amendments to clarify language in line with the stated need for the bill:

On page 2, beginning on line 12:

“The remains are found within 50 miles of the California border and a licensed funeral establishment is within 50 30 miles of the county border in which the decedent died and the adjacent state, and the remains are released to that funeral establishment.”

SUPPORT AND OPPOSITION:

Support: California State Sheriff’s Association (sponsor)
California Funeral Directors Association

California State Coroners’ Association

Oppose: None received.

-- END --

Date of Hearing: March 14, 2017

Consultant: Adam Smith

ASSEMBLY COMMITTEE ON

Reginald Byron Jones-Sawyer, Sr., Chair

ABPCA Bill Id:

Author:() – As Ver:February 8, 2017

SUMMARY: Expands the distance for which human remains may be transported for disposition in an adjacent state. Specifically, this bill: Authorizes 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 are being released to a licensed funeral establishment within 50 miles of the border in the adjacent state.

EXISTING LAW:

1. Provides that every person, who for himself or herself or for another person, inters or incinerates a body or permits the same to be done, or removes any remains, other than cremated remains, from the primary registration district in which the death or incineration 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 from the premises on which the cremation 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 fine and imprisonment. (Health & Saf. Code, § 7055.)
2. Provides that no person shall dispose of human remains unless there has been obtained and filed with a local registrar a death certificate, as specified; and there has been obtained from a local registrar a permit for disposition. (Health & Saf. Code, § 103050, subd. (a).)
3. 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. (Health & Saf. Code, § 103050, subd. (b).)

FISCAL EFFECT: Unknown

COMMENTS:

1. Author's Statement: According to the author, "For Alpine County, the nearest out-of-state licensed funeral homes are 22 and 24 miles from the California state line, which does not comply with the current 20-mile restriction. This imposes an undue burden on families who might have to use another funeral home simply because their preferred choice happens to be in another state.”
2. Increased Efficiency of Disposition: The initial purpose of allowing disposition without a certificate or permit was to create “time and cost savings for families and counties [and to] aid out-of-state investigations by allowing California coroners to release bodies to the investigative agency without the issuance of a death certificate or permit when California has no interest in the case.” (Sen. Rules Com., Off of Sen. Floor Analyses, 3d reading analyses of Assem. Bill No. 2105 (2005-2006 Reg. Sess.) as amended August 08, 2006, p. 5.) Expanding the distance that human remains may be transported for disposition would further these initial legislative goals while maintaining a narrowly-defined exception to certificate and permit requirements.
   
3. Argument in Support: According to the California Funeral Directors’ Association, the sponsor of this bill, “Current statute authorizes the disposal of human remains, without a death certificate, or a permit, to the nearest out-of-state funeral establishment as long as the funeral home is within 20 miles of the border in the adjacent state. However, the 20-mile limit is too restrictive given the geographical realities of some counties in California.
   
   For example, for Alpine County, the nearest out-of-state licensed funeral homes are 22 and 24 miles from the California state line, which does not comply with the current 20-mile restriction. This imposes an undue burden on families who might have to use another funeral home simply because their preferred choice happens to be in another state. ”
   
4. Prior Legislation: AB 2105 (Emmerson), Chapter 463, Statutes of 2006, allows for human remains to be transported from California to an adjacent state without a death certificate or a permit of disposition, as specified.
   

REGISTERED SUPPORT / OPPOSITION:

Support

California State Sheriffs’ Association (Sponsor)
California Funeral Directors’ Association

Opposition

None

Analysis Prepared by: