BILL NUMBER: AB 1644	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 2, 2010
	AMENDED IN SENATE  JUNE 2, 2010
	AMENDED IN ASSEMBLY  APRIL 6, 2010
	AMENDED IN ASSEMBLY  MARCH 17, 2010
	AMENDED IN ASSEMBLY  MARCH 11, 2010

INTRODUCED BY   Assembly Member Nielsen
   (Principal coauthor: Assembly Member Arambula)
   (Coauthors: Assembly Members Blakeslee, Block, Blumenfield,
Bradford, Conway,  Devore,   DeVore, 
Fletcher, Gilmore, Hagman, Harkey, Ma, Niello, and Norby)
   (Coauthors: Senators Aanestad, Cox, Denham, 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.   An act to amend Section 942 of, and to add
Sections 951, 952, 953, and 954 to, the Military and Veterans Code,
relating to veterans. 


	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   remains  organization, as
defined, to release specified information and remains to a veterans'
 service   remains  organization  for
the purpose of interment  if certain conditions are met. The
bill would require the veterans'  service  
remains  organization to take all reasonable steps to inter
remains received. The bill would also exempt from civil liability,
except for willful or wanton misconduct, an entity that releases
information or remains after meeting the specified conditions and
exempt from negligence a veterans'  service  
remains  organization that receives and inters remains if the
veterans'  service   remains  organization
does not know or have reason to know that the remains were not
released in compliance with the above conditions. 
   Existing law requires the board of supervisors of each county to
designate an honorably discharged soldier, sailor or marine in the
county who has served in or with the army or navy of the United
States who shall cause to be decently interred the body of any
veteran or widow of a veteran who dies in the county without having
sufficient means to defray the expenses of burial, except as
otherwise provided.  
   This bill would require the board of supervisors of each county to
designate an honorably discharged veteran of the United States
military or a member of a veterans' remains organization who shall
cause to be decently interred the body of any veteran or spouse or
eligible dependent of a veteran as defined by the United States
Department of Veterans Affairs for compensation purposes who dies in
the county. This bill would encourage the board of supervisors of
each county to designate personnel from a veterans' remains
organization for that purpose. This bill would also require the
specified entities to verify and inter unclaimed cremated remains of
veterans in accordance with specified laws. 
   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.    The heading of Article 2 (commencing
with Section 940) of Chapter 5 of Division 4 of the  
Military and Veterans Code  is amended to read: 

      Article 2.  Burial of Veterans and Veterans'  Widows
  Dependents 


   SEC. 2.    Section 942 of the   Military and
Veterans Code   is amended to read: 
   942.  The board of supervisors of each county shall designate an
honorably discharged  soldier, sailor or marine in the county
who has served in or with the army or navy of the United States and
  veteran of the United States military or a member of a
veterans' remains organization, as defined in Section 951,  who
shall cause to be decently interred the body of any veteran or
 widow   spouse or eligible dependent  of a
veteran  as defined by the United States Department of Veterans
Affairs for compensation purposes  who dies in the county  .
This section shall apply to all indigent, abandoned, or unclaimed
veterans and dependents of veterans, including those deceased
veterans and dependents of veterans  without  having
 sufficient means to defray the expenses of burial, other
than moneys paid or due and payable by the United States, pursuant to
the World War  adjusted compensation act  
Adjusted   Compensation Act  .
   SEC. 3.    Section 951 is added to the  
Military and Veterans Code   , to read:  
   951.  (a) "Veteran status information" means the data required by
the Department of Veterans Affairs to verify the status of a decedent
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) "Veterans' remains organization" means any entity recognized
by the Veterans Administration and the National Personnel Records
Center as an organization authorized to verify and inter unclaimed
cremated remains of American veterans, including a member or employee
of that entity. 
   SEC. 4.    Section 952 is added to the  
Military and Veterans Code   , to read:  
   952.  (a) A cemetery corporation or association, or other entity
in possession of the cremated remains of a veteran or dependent of a
veteran, shall, upon request of a veterans' remains organization and
after verifying the status of the veterans' remains organization as
an organization currently authorized by the Veterans Administration
and the National Personnel Records Center or as an organization
authorized by the local county board of supervisors to verify and
inter unclaimed cremated remains of American veterans, release
veteran status information to the veterans' remains organization.
   (b) The use or disclosure of veteran status information obtained
by a veterans' remains organization pursuant to subdivision (a) shall
be permitted only for the purpose of verifying veteran interment
benefits of the deceased veteran or a dependent of a veteran with the
Department of Veterans Affairs and shall not be used or disclosed
for any other purpose.
   (c) The cemetery authority, cemetery corporation or association,
or other entity in possession of the cremated remains of a veteran or
dependent of a veteran may, upon request of a veterans' remains
organization and after verifying the status of the veterans' remains
organization as an organization currently authorized by the Veterans
Administration and the National Personnel Records Center or as an
organization authorized by the local county board of supervisors to
verify and inter unclaimed cremated remains of American veterans,
release the cremated remains of the veteran or dependent of a veteran
to a veterans' remains organization for the sole purpose of
interment, subject to Section 943 and Sections 7110 and 7208 of the
Health and Safety Code, when all of the following conditions have
been met:
   (1) The veterans' remains organization has verified the interment
benefits of the deceased veteran or dependent of a veteran with the
Department of Veterans Affairs and provided documentation of the
verification to the cemetery authority, cemetery corporation or
association, or other entity that the decedent is a veteran or a
dependent of a veteran eligible for burial in a national or state
cemetery.
   (2) The veterans' remains organization has made a reasonable
effort to locate the agent or family member who has the right to
control the cremated remains of the veteran or dependent of a
veteran.
   (3) The veterans' remains organization has provided notice to all
known agents or family members who have the right to control the
cremated remains of the veteran or dependent of a veteran of the
veteran's remains organization's intent to claim the cremated remains
of the veteran or dependent of a veteran for the purpose of
providing a proper burial of the cremated remains of the veteran or
dependent of a veteran in accordance with Section 943 and Sections
7110 and 7208 of the Health and Safety Code.
   (4) An agent or family member who has the right to control the
cremated remains of the veteran or dependent of a veteran has made no
attempt to claim the cremated remains.
   (5) The cremated remains have been in the possession of the
cemetery authority, cemetery corporation or association, or other
entity for a period of at least one year.
   (d) The cemetery authority, cemetery corporation or association,
or other entity that releases veteran status information or cremated
remains of the veteran or dependent of a veteran pursuant to this
section shall not be subject to civil liability, except for gross
negligence, if all of the conditions of this section are met. 
   SEC. 5.    Section 953 is added to the  
Military and Veterans Code   , to read:  
   953.  (a) A veterans' remains organization shall take all
reasonable steps to inter the cremated remains of a veteran or
dependent of a veteran received in accordance with this article.
   (b) A veterans' remains organization that receives and inters the
cremated remains of a veteran or dependent of a veteran pursuant to
this article shall not be liable for negligence if the veterans'
remains organization does not know or have reason to know that the
cremated remains of the veteran or dependent of a veteran were not
released by the cemetery authority, cemetery corporation or
association, or other entity in compliance with subdivisions (a) and
(c) of Section 952. 
   SEC. 6.    Section 954 is added to the  
Military and Veterans Code   , to read:  
   954.  The board of supervisors of each county is encouraged to
designate personnel from a veterans' remains organization, as defined
in Section 951, to fulfill the role created in Section 942. 

  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, the 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 or a veterans' service organization 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.
   (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, except for
willful or wanton misconduct, if the conditions of this section are
met.
   7252.  (a) A veterans' service organization shall take all
reasonable steps to inter remains received in accordance with 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.