BILL NUMBER: AB 1806 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 15, 2012
AMENDED IN SENATE JUNE 11, 2012
AMENDED IN ASSEMBLY MARCH 26, 2012
INTRODUCED BY Assembly Member Cook
( Coauthor: Senator Correa
)
FEBRUARY 21, 2012
An act to amend Section 952 of, and to add
Sections 951.5 and 955 to , the Military and
Veterans Code, relating to veteran interment.
LEGISLATIVE COUNSEL'S DIGEST
AB 1806, as amended, Cook. Veteran interment: veterans' remains
organizations.
Existing law authorizes a cemetery authority, cemetery corporation
or association, or other entity in possession of the cremated
remains of a veteran or dependent of a veteran to release the remains
to a veterans' remains organization, as defined, for interment after
specified conditions are met, including possession of the remains
for at least one year.
This bill would require the public administrator of a county to
make every reasonable effort to determine if the unclaimed remains of
an individual in the possession of the county coroner belong to a
veteran or the dependent of a veteran. The bill would require the
public administrator to work with specified entities, including the
county veteran service officer, to determine if the remains belong to
a veteran or the dependent of a veteran , and would allow
the release of the remains of a veteran or dependent of a veteran
after 45 days . The bill would require a county veteran
service officer who determines that unclaimed remains are those of a
veteran or dependent of a veteran, and that the remains meet the
criteria for interment by a veterans' remains organization to report
specified information to the Department of Veterans Affairs. This
bill would require the department to maintain a list of those
unclaimed remains, and make that list available to veterans' remains
organizations by phone or in person. By increasing the duties of
counties, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known and may be cited as the Burial
with Honor Act of 2012.
SEC. 2. Section 951.5 is added to the Military and Veterans Code,
to read:
951.5. The public administrator of the county shall make every
reasonable effort to determine if the unclaimed remains of an
individual in the possession of the county coroner belong to a
veteran or the dependent of a veteran. If there is reason to believe
that the remains belong to a veteran or the dependent of a veteran,
the public administrator shall work with the county veteran service
officer, a national veterans cemetery, the United States Social
Security Administration, the United States Department of Veterans
Affairs, or other applicable entity to determine if the remains
belong to a veteran or the dependent of a veteran.
SEC. 3. Section 952 of the Military and
Veterans Code is amended 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 United States Department
of Veterans Affairs 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 United
States Department of Veterans Affairs 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 45 days.
(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. 4. SEC. 3. Section 955 is added
to the Military and Veterans Code, to read:
955. (a) (1) A county veteran service officer that determines,
pursuant to Section 951.5, that unclaimed remains are those of a
veteran or dependent of a veteran, and that the remains meet the
criteria for interment by a veterans' remains organization pursuant
to Section 952, shall report the following information to the
Department of Veterans Affairs:
(A) The name, rank, and branch of service of the deceased or, if
the deceased is the dependent of a veteran, the name of the deceased
and the name, rank, and branch of service of the eligible veteran.
(B) Dates of service.
(C) Location of the remains and a telephone number and name for
the contact at that location.
(2) If, pursuant to Section 951.5, the public administrator of a
county determines, without the involvement of the county veteran
service officer, that the remains belong to a veteran or dependent of
a veteran, the public administrator shall report this information to
the county veteran service officer. Following this report, the
county veteran service officer shall follow the reporting procedures
described in paragraph (1).
(b) The Department of Veterans Affairs shall create and maintain a
list of veterans and dependents of veterans whose remains are
reported pursuant to subdivision (a). This list shall be available to
the representatives of veterans' remains organizations by telephone
or in person.
SEC. 5. SEC. 4. If the Commission on
State Mandates determines that this act contains costs mandated by
the state, reimbursement to local agencies and school districts for
those costs shall be made pursuant to Part 7 (commencing with Section
17500) of Division 4 of Title 2 of the Government Code.