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

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-Amended.html

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BILL NUMBER: AB 1644	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 11, 2010

INTRODUCED BY   Assembly Member Nielsen
    (   Coauthor:   Assembly Member  
Arambula   ) 

                        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 amended, Nielsen. Veterans' remains.
   Existing law regulates the custody, control, and interment of
human remains.
   This bill would allow  specified   prescribed
 entities in possession of the cremated remains of a veteran to
release  the   specified information and 
remains to a veterans' service organization, as defined, if 
specified   certain  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   information or  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) "Information" means the data required by the Department of
Veterans Affairs to verify the status of a person as either a veteran
or the dependent of a veteran for purposes of eligibility for burial
in a national or state cemetery, including the person's name,
service number, social security number, date of birth, date of death,
place of birth, branch of the service, and military rank. 

   (a) 
    (b)  "Veteran" shall have the same meaning as it is
defined in Section 940 of the Military and Veterans Code. 
   (b) 
    (c)  "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 
 nonprofit veterans' corporation, association, or entity that
specifically deals with verification and veterans' burials  .

   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.  
   7251.  (a) A cemetery authority, cemetery corporation or
association, or other entity in possession of the cremated remains
shall release to a veterans' service organization information
required to verify a person's status as a veteran or the dependent of
a veteran. The entity may release the remains to the veterans'
service organization when all of the following conditions have been
met:
   (1) The veterans' service organization has verified that the
person is a veteran or the dependent of a veteran, eligible for
burial in a national or state cemetery.
   (2) The entity has made a reasonable effort to locate the agent or
family member who has the right to control the remains.
   (3) An agent or family member who has the right to control the
remains has made no attempt to claim the remains.
   (4) The remains have been in the entity's possession for a period
of at least one year, all or any part of which may occur before
August 28, 2010.
   (b) The cemetery authority, cemetery corporation or association,
or other entity that releases the information or remains pursuant to
this section shall not be subject to civil liability if the
conditions of 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.