Bill Text: CA AB1644 | 2009-2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Veterans' remains.

Spectrum: Slight Partisan Bill (Republican 15-5)

Status: (Passed) 2010-08-27 - Chaptered by Secretary of State - Chapter 189, Statutes of 2010. [AB1644 Detail]

Download: California-2009-AB1644-Introduced.html

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BILL NUMBER: AB 1644	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Nielsen

                        JANUARY 12, 2010

   An act to add Chapter 4.5 (commencing with Section 7250) to
Division 7 of the Health and Safety Code, relating to cremated
remains.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1644, as introduced, Nielsen. Veterans' remains.
   Existing law regulates the custody, control, and interment of
human remains.
   This bill would allow specified entities in possession of the
cremated remains of a veteran to release the remains to a veterans'
service organization, as defined, if specified conditions are met.
The bill would require the veterans' service organization to take all
reasonable steps to inter remains received and would exempt the
veterans' service organization from storage charges accrued by the
holding entity and the additional expenses of interment. The bill
would also exempt from civil liability an entity that releases the
remains after meeting the specified conditions and exempt from
negligence a veterans' service organization that receives and inters
remains if the veterans' service organization does not know or have
reason to know that the remains were not released in compliance with
the above conditions.
   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.  Chapter 4.5 (commencing with Section 7250) is added to
Division 7 of the Health and Safety Code, to read:
      CHAPTER 4.5.  CREMATED REMAINS OF VETERANS


   7250.  For purposes of this chapter, the following definitions
shall apply:
   (a) "Veteran" shall have the same meaning as it is defined in
Section 940 of the Military and Veterans Code.
   (b) "Veterans' service organization" means an association or other
entity organized for the benefit of veterans that has been
recognized or chartered by the United States Congress, including, but
not limited to, the Disabled American Veterans, Veterans of Foreign
Wars, the American Legion, the Legion of Honor, and the Vietnam
Veterans of America. The term also includes a member or employee of
an eligible association or entity.
   7251.  (a) A funeral home, cemetery authority, cemetery
corporation or association, or other entity in possession of the
cremated remains of a veteran or the spouse of a veteran may release
the remains to a veterans' service organization if all of the
following conditions are met:
   (1) The remains have been in the entity's possession for a period
of at least ____ year.
   (2) Notice has been given by mail to the next of kin at the last
known address. If no address is known or can reasonably be
ascertained, notice shall be given by publication once each week for
____ successive weeks in a newspaper of general circulation in the
county of the veteran's residence. If the veteran's residence is
unknown, the notice shall be published in a newspaper of general
circulation in the county in which the veteran died. If the county of
death is unknown, publication shall be made in a newspaper of
general circulation in the county in which the holding entity is
located.
   (b) Notice given pursuant to paragraph (2) of subdivision (a)
shall include all of the following information:
   (1) The veteran's name and, if known, the veteran's year of birth
and date of death.
   (2) A statement including the date by which the veteran's remains
must be claimed by the next of kin. If notice is given by mail, the
date shall be 30 days after the date of mailing of the notice. If
notice is given by publication, the date shall be four months after
the date of first publication of the notice.
   (3) A statement that the remains will be given to a veterans'
service organization for interment.
   (4) Contact information for the holding entity.
   (c) The veterans' service organization shall not be liable for
storage charges that may have accrued at the holding entity or the
additional expense of interment.
   (d) The funeral home, cemetery authority, cemetery corporation or
association, or other entity that releases the remains of a veteran
pursuant to this section shall not be subject to civil liability if
the conditions in this section are met.
   7252.  (a) A veterans' service organization shall take all
reasonable steps to inter remains received pursuant to this chapter.
   (b) A veterans' service organization that receives and inters
remains pursuant to this chapter shall not be liable for negligence
if the veterans' service organization does not know or have reason to
know that the remains were not released in compliance with Section
7251.