BILL ANALYSIS Ó
AB 1806
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Date of Hearing: April 24, 2012
ASSEMBLY COMMITTEE ON VETERANS AFFAIRS
Paul J. Cook, Chair
AB 1806 (Cook) - As Amended: March 26, 2012
SUBJECT : Veteran interment: veterans' remains organizations.
SUMMARY : Adds requirements for the county public administrator
to make specified reports about unclaimed remains and for the
California Department of Veterans Affairs (CalVet) to keep a
list of unclaimed remains. Reduces time before which unclaimed
remains may be released to a veterans' remains organization.
Specifically, this bill :
1. Requires a county public administrator to report all
unclaimed remains to the county veteran service officer
(CVSO).
2. The CVSO shall determine whether an unclaimed remains
are those of a veteran or the dependent of a veteran.
3. Allows the release of the remains of a veteran or
dependent of a veteran to specified veterans' remains
organizations after 45 days.
4. Requires CVSO who determines that unclaimed remains are
those of a veteran or a dependent of a veteran, and that
the remains meet the criteria for interment by a veterans'
remains organization to report specified information to
CalVet.
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.
5. Requires CalVet to maintain a list of those unclaimed
remains, and make that list available to veterans' remains
organizations by phone or in person.
EXISTING LAW: Authorizes a cemetery authority, cemetery
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corporation, or other entity in possession of the cremated
remains of veterans or their dependents to release the remains
to a "veterans' remains organization" if unclaimed for at least
one year. There is currently no requirement for public
administrators to report or CVSOs to make inquiries to determine
whether an unclaimed body is that of a veteran or the dependent
of a veteran. Additionally, there is no statewide list of the
unclaimed remains of veterans and veterans' dependents that can
be consulted by veterans' remains organizations.
Burial benefits eligibility is available to many veterans; the
complete rules are beyond the scope of this analysis. However,
as a summary, in general such benefits are available to veterans
who die on active duty or who receive a discharge other than
dishonorable. Benefits are also available to spouses and
dependents under specified conditions. Benefits to veterans
include a gravesite in any of the 131 national cemeteries with
available space, opening and closing of the grave, perpetual
care, a Government headstone or marker, a burial flag, and a
Presidential Memorial Certificate, at no cost to the family.
Some veterans may also be eligible for burial allowances.
Cremated remains are buried or inurned in national cemeteries in
the same manner and with the same honors as casketed remains.
Burial benefits available for spouses and dependents buried in a
national cemetery include burial with the veteran, perpetual
care, and the spouse or dependents name and date of birth and
death will be inscribed on the veteran's headstone, at no cost
to the family. Eligible spouses and dependents may be buried,
even if they predecease the veteran.
Burial benefits available for veterans buried in a private
cemetery include a government headstone or marker, a burial
flag, and a Presidential Memorial Certificate, at no cost to the
family. Some veterans may also be eligible for burial
allowances. There are not any benefits available to spouses and
dependents buried in a private cemetery.
According to the California Health and Safety Code Section 7104,
if the remains are unclaimed the person who has custody of the
remains may require the coroner of the county where the decedent
resided at time of death to take possession of the remains and
the coroner shall inter the remains in the manner provided for
the interment of indigent dead.
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FISCAL EFFECT : Unknown.
COMMENTS : According to the author, the lack of a requirement
for the holders of the remains to inquire about
veteran/dependent status, coupled with the lack of a single
statewide list could lead to many veterans' remains remaining
unclaimed and going without a proper burial.
Veterans have earned the burial benefits for which they are
eligible as a result of having honorably served their country.
It is an honorable thing and a light burden for those who have
possession of unclaimed remains to make a small effort to
determine if the unclaimed remains are those of a veteran. It
also seems a minor undertaking to require CalVet to simply
maintain a list of unclaimed remains; there are many veterans'
remains organizations which are dedicated to interment of
unclaimed veterans remains and there currently is no single
point of contact for them to find out if there are unclaimed
veterans remains with which they could assist. The list will
make it easy for veterans' interment organizations to connect a
deceased veteran with federal burial benefits that are already
there, earned, and waiting.
The change to the holding period for remains is substantial.
Nevertheless, the shorter holding period is appropriate because
it honors the deceased veteran while still giving family or
others time to come forward to claim the remains.
REGISTERED SUPPORT / OPPOSITION :
Support
American Legion- Department of California
AMVETS-Department of California
California Association of County Veteran Service Officers
California State Commanders Veterans Council
Vietnam Veterans of America- California State Council
Veterans of Foreign Wars of the United States- Department of
California
Opposition
None on file.
Analysis Prepared by : John Spangler / V. A. / (916) 319-3550
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