BILL ANALYSIS AB 1644 Page 1 ASSEMBLY THIRD READING AB 1644 (Nielsen) As Amended April 6, 2010 Majority vote JUDICIARY 10-0 VETERANS AFFAIRS 9-0 ----------------------------------------------------------------- |Ayes:|Feuer, Tran, Brownley, |Ayes:|Cook, Salas, Block, | | |Evans, Hagman, Jones, | |Knight, Gilmore, Knight, | | |Knight, Lieu, Monning, | |Lieu, V. Manuel Perez, | | |Nava | |Saldana, Yamada | | | | | | ----------------------------------------------------------------- SUMMARY : Allows prescribed entities in possession of the cremated remains of a veteran, upon the request of a veterans' service organization to release specified information and remains to a veterans' service organization if certain conditions are met. Specifically, this bill : 1)Requires the veterans' service organization to take all reasonable steps to inter remains received. 2)Exempts from civil liability, except for willful or wanton misconduct, an entity that releases information or remains after meeting the specified conditions. 3)Exempts 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. EXISTING LAW : 1)Requires licensed funeral directors, embalmers, and cemetery personnel, prior to disposition of cremated remains, to do all of the following: a) Remove the cremated remains from the place of cremation in a durable container; b) Keep the cremated remains in a durable container; AB 1644 Page 2 c) Store the cremated remains in a place free from exposure to the elements; and, d) Responsibly maintain the cremated remains. [Health and Safety Code Section 7054.6(b)] 2)Provides that the right to control the disposition of the remains of a deceased person and the location and conditions of interment, unless other directions have been given by the decedent, vests in, and the duty of disposition and the liability for the reasonable cost of disposition of the remains devolves upon, the following in the order named: a) An agent under a power of attorney for health care, as provided; b) The surviving spouse; c) Surviving adult children; d) Surviving parents; e) Surviving adult children; f) Surviving adult person in the next degree of kinship; and, g) The public administrator when the deceased has sufficient assets. [Health and Safety Code Section 7100(a)] 3)Provides that a funeral director or cemetery authority shall have complete authority to control the disposition of the remains, and to proceed to recover usual and customary charges for the disposition, when both of the following apply: a) None of the persons described in 2) a) to g) above can be found after reasonable inquiry or contacted by reasonable means OR the funeral director or cemetery authority has knowledge that no such persons exist; and, b) The public administrator fails to assume responsibility for disposition of the remains within seven days after having been given written notice of the facts. [Health and Safety Code Section 7100(b)] 4)Provides that no action shall lie against any cemetery authority relating to the cremated remains of any person which have been left in its possession for a period of one year, unless a written contract has been entered into with the AB 1644 Page 3 cemetery authority for their care or unless permanent interment has been made. Further provides that no licensed funeral director shall be liable in damages for the lawful disposition of any cremated human remains. FISCAL EFFECT : Unknown COMMENTS : This bill deals with which disposition of cremated remains of veterans. The goal is to locate, identify, and honorably inter the unclaimed remains of forgotten veterans. Recently, a state hospital announced that 3,500 cremated remains were on shelves waiting to be identified. These cremated remains span a period from the 1890's to 1971. It is estimated that 1,000 of these cremated remains are veterans. It is estimated that most Medical Examiners and Coroners (about 75%) DO NOT verify cremated remains for veteran status. This bill has been modeled after other states which have similar laws. Currently, volunteer veterans' service groups such as MIAP attempt to discover every forgotten veteran and procure for each a dignified resting place. Funeral homes must then follow requirements for submitting the cremated remains to a VA cemetery. From there, MIAP coordinates a full military service with the cemetery involved. However, current state law only allows the release of remains to immediate family members. Unfortunately this isn't always possible due to the fact next of kin may now be deceased or the veteran was indigent. Analysis Prepared by : Eric Worthen / V. A. / (916) 319-3550 FN: 0003926