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 17, 2010
	AMENDED IN ASSEMBLY  MARCH 11, 2010

INTRODUCED BY   Assembly Member Nielsen
   (  Coauthor:   Assembly Member 
 Arambula   Coauthors:   Assembly
Members   Arambula,   Blakeslee,  
Blumenfield,   Conway,   Gilmore,  
Harkey,   and Norby  )
    (   Coauthors:   Senators   Cox,
  Maldonado,   and Runner   ) 

                        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 prescribed entities in possession of the
cremated remains of a veteran  , upon the request of a veterans'
service organization, as defined,  to release specified
information and remains to a veterans' service organization 
, as defined,  if certain conditions are met. The bill
would require the veterans' service organization to take all
reasonable steps to inter remains received. The bill would also
exempt from civil liability an entity that releases 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.
   (b) "Veteran" shall have the same meaning as it is defined in
Section 940 of the Military and Veterans Code.
   (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 nonprofit veterans' corporation, association, or entity
that specifically deals with verification and veterans' burials.
   7251.  (a) A cemetery authority, cemetery corporation or
association, or other entity in possession of the cremated remains
shall  , upon request of a veterans' service organization, 
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  for the purpose of interment  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.