PRINTER'S NO. 3339
No. 2299 Session of 2008
INTRODUCED BY FLECK, BEYER, BAKER, BELFANTI, BENNINGHOFF, BOBACK, BOYD, BRENNAN, CAUSER, CLYMER, DALLY, FRANKEL, GIBBONS, GODSHALL, GRELL, HENNESSEY, KAUFFMAN, KORTZ, LEACH, MAHONEY, McILVAINE SMITH, METCALFE, MURT, O'NEILL, PASHINSKI, PEIFER, PICKETT, QUINN, RAPP, ROAE, SAYLOR, SCAVELLO, SCHRODER, SIPTROTH, S. H. SMITH, STERN, R. STEVENSON, SWANGER, TRUE, VULAKOVICH, WATSON, GOODMAN, HORNAMAN AND ROHRER, MARCH 10, 2008
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 10, 2008
AN ACT 1 Amending Title 20 (Decedents, Estates and Fiduciaries) of the 2 Pennsylvania Consolidated Statutes, providing for commercial 3 display of human remains; and imposing civil penalties. 4 The General Assembly finds and declares as follows: 5 (1) 20 Pa.C.S. Ch. 86 (relating to anatomical gifts) 6 calls for anatomical gifts to be made for medical or dental 7 education, research, advancement of medical or dental 8 science, therapy or transplantation. 9 (2) Every State, county, city or municipal official 10 responsible for the remains of unclaimed dead bodies is 11 required to use due diligence to notify the relatives of the 12 decedent. 13 (3) The public display of human remains must be 14 regulated to protect individual bodily integrity, as well as 15 the social and cultural values of the Commonwealth.
1 (4) It is the intent of the General Assembly to require 2 persons who participate in the public display of human 3 remains for commercial purposes to provide evidence of 4 informed consent from the decedent or relatives of all humans 5 whose remains are put on display and to provide for the 6 continued use of human remains in the educational, medical 7 and scientific communities to promote human health and 8 safety. 9 The General Assembly of the Commonwealth of Pennsylvania 10 hereby enacts as follows: 11 Section 1. Title 20 of the Pennsylvania Consolidated 12 Statutes is amended by adding a chapter to read: 13 CHAPTER 89 14 COMMERCIAL DISPLAY OF HUMAN REMAINS 15 Sec. 16 8901. Definitions. 17 8902. Display requirement, exceptions and penalty. 18 8903. Permit program. 19 8904. Applicability. 20 § 8901. Definitions. 21 The following words and phrases when used in this chapter 22 shall have the meanings given to them in this section unless the 23 context clearly indicates otherwise: 24 "Commercial purposes." Either of the following: 25 (1) A display for which the public is charged a fee or 26 other consideration as a condition of viewing. 27 (2) A display for which an exhibitor accepts payment or 28 other consideration. 29 "Exhibitor." A person or entity who shows or puts on, or 30 contracts to show or put on, a temporary public display of human 20080H2299B3339 - 2 -
1 remains. 2 "Museum facility." A public or private nonprofit institution 3 that is accredited by the American Association of Museums or is 4 part of an accredited college or university and that is 5 organized on a permanent basis for essentially educational or 6 aesthetic purposes and that owns or uses tangible objects, cares 7 for those objects and exhibits them to the general public on a 8 regular basis. 9 § 8902. Display requirement, exceptions and penalty. 10 (a) Display requirement.--Except as provided in subsection 11 (b), a person shall not display human remains to the public for 12 commercial purposes without first obtaining a permit issued by 13 the county where the human remains will be displayed, as 14 described in section 8903 (relating to permit program). 15 (b) Exceptions.--This section shall not apply to a display 16 of human remains that is any of the following: 17 (1) More than 100 years old. 18 (2) Consisting solely of human teeth or hair. 19 (3) Part of the ordinary display or viewing of the 20 deceased at a funeral establishment or part of a similar 21 funeral or memorial service. 22 (4) An object of religious veneration. 23 (5) In the possession of a museum facility. However, if 24 the museum facility paid or offered other consideration to an 25 exhibitor to display the remains and the remains are not 26 exempt from this chapter pursuant to paragraph (1), (2), (3) 27 or (4), the exhibitor shall be required to obtain a permit 28 pursuant to section 8903. 29 (c) Penalty.--Any person who violates this section shall be 30 subject to a civil penalty of not more than $10,000 for each 20080H2299B3339 - 3 -
1 violation. 2 § 8903. Permit program. 3 If a county elects to establish a permit program under this 4 chapter, a county may issue a permit to any person for the 5 purpose described in section 8902 (relating to display 6 requirement, exceptions and penalty) only upon a determination 7 by the county public health official, or the public health 8 official's designee, that the person has provided valid written 9 authorization to display human remains for consideration from 10 any of the following individuals: 11 (1) The decedent, including, but not limited to, 12 authorization given by will. 13 (2) Any person authorized to make an anatomical gift 14 under section 8611 (relating to persons who may execute 15 anatomical gift.). 16 § 8904. Applicability. 17 Nothing in this chapter shall be construed to apply to the 18 utilization of human remains in a manner that meets the purposes 19 set forth in Chapter 86 (relating to anatomical gifts). 20 Section 2. This act shall take effect in 60 days. B27L20JKL/20080H2299B3339 - 4 -