BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1644
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 1644 (Nielsen)
          As Amended  August 2, 2010
          Majority vote
           
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          |ASSEMBLY:  |75-0 |(April 22,      |SENATE: |33-0 |(August 5,     |
          |           |     |2010)           |        |     |2010)          |
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           Original Committee Reference:    V. A. 

          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.

           The Senate amendments  place the legislative changes in existing  
          sections of the California Military and Veterans Code book,  
          instead of the California Health and Safety Code book.  
           
           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;








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             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  








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            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.

           AS PASSED BY THE ASSEMBLY  , this bill was substantially similar  
          to the version passed by the Senate.
           
          FISCAL EFFECT :  None

           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 
           

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