BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 1806| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: AB 1806 Author: Cook (R), et al. Amended: 6/26/12 in Senate Vote: 21 SENATE VETERANS AFFAIRS COMMITTEE : 7-0, 6/12/12 AYES: Correa, Cannella, Berryhill, Calderon, Negrete McLeod, Rubio, Lieu NO VOTE RECORDED: Runner SENATE GOVERNANCE & FINANCE COMMITTEE : 9-0, 6/20/12 AYES: Wolk, Dutton, DeSaulnier, Fuller, Hernandez, Kehoe, La Malfa, Liu, Yee SENATE APPROPRIATIONS COMMITTEE : 7-0, 8/16/12 AYES: Kehoe, Walters, Alquist, Dutton, Lieu, Price, Steinberg ASSEMBLY FLOOR : 75-0, 5/17/12 - See last page for vote SUBJECT : Veteran interment: veterans remains organizations SOURCE : Author DIGEST : This bill requires a county public administrator to make every reasonable effort to determine if the unclaimed remains of a decedent belonging to a veteran or a veteran's dependent. Refer to the public administrator if there is reason to believe that the remains belong to a CONTINUED AB 1806 Page 2 veteran or a veteran's dependent. This bill requires the public administrator to work with the county veteran service officer (CVSO), 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 a veteran's dependent. ANALYSIS : 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: 1. Requires a CVSO who determines that unclaimed remains are those of a veteran or a veteran's dependent, and that the remains meet the criteria for interment by a veterans' remains organization pursuant to state law, to report the following information to the Department of Veterans Affairs: 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. Dates of service. Location of the remains and a telephone number and name for the contact at that location. 2. Requires the public administrator to report this information to the CVSO, if a county public administrator determines, without the involvement of the CVSO, that the remains belong to a veteran or dependent of a veteran who must report the information listed above to the Department of Veterans Affairs. 3. Requires the Department of Veterans Affairs to create and maintain a list of veterans and veterans' dependents AB 1806 Page 3 whose remains are reported by CVSOs. This bill requires this list to be available to the representatives of veterans' remains organizations by telephone or in person. 4. Updates references to the federal Veterans Administration by referencing the United States Department of Veterans Affairs. Background State law establishes numerous county officers, including a public administrator. A county public administrator investigates and administers the estates of people who die without a will, any known relatives, or any other qualified person willing or able to administer their estates. A public administrator must provide for the interment of a deceased person's remains, if there are no other qualified individuals, as specified in state law, who are available to assume that duty. A county board of supervisors may appoint a CVSO to administer specified veterans' benefits and to perform any other veteran related services as requested by the county board of supervisors (AB 3016 (Conroy), Chapter 1274, Statutes of 1992). A CVSO must be a United States military veteran. Each county board of supervisors must designate an honorably discharged United States military veteran or a member of a veterans' remains organization (VRO) to be responsible for interring the body of any qualified indigent, abandoned, or unclaimed veteran or veterans' dependents. State law defines a VRO as an entity, including the entity's members and employees, 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. To facilitate the proper interment of veterans' remains, the Legislature authorized a VRO to take possession of unclaimed remains in the possession of a cemetery corporation or other entity, subject to specified conditions, for the purpose of interment (AB 164 (Nielsen), Chapter 189, Statutes of 2010). AB 1806 Page 4 To make it easier for VROs to identify unclaimed remains that need proper interment, veterans' advocates want the Legislature to require the California Department of Veterans Affairs to maintain a list of unclaimed remains of veterans and veterans' dependents identified by county officials. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: Yes According to the Senate Appropriations Committee: Minor, absorbable costs to the DVA for creating and maintaining the list (General) Unknown, potentially minor state reimbursable costs to counties (General) SUPPORT : (Verified 8/16/12) American Legion, Department of California AMVETS, Department of California California Association of County Veteran Service Officers California Sate Commanders Veterans Council Veterans of Foreign Wars of the United States, Department of California Vietnam Veterans of America, California State Council OPPOSITION : (Verified 8/16/12) Department of Finance ARGUMENTS IN SUPPORT : The Veterans of Foreign Wars (VFW) writes that this bill "would provide for the appropriate internment of the unclaimed remains of a veteran or the depended of a veteran. The VFW, Department of California and its Ladies Auxiliary, with over 125,000 members, is California's most prestigious veterans organization, comprised of combat veterans who have served in World War II, Korea, Vietnam, Iraq, Afghanistan and other military action in the war against terrorism, and every other action where our young men and women have been called to serve to defend our nation's freedom. We are proud to speak up for AB 1806 Page 5 their interests." ARGUMENTS IN OPPOSITION : The Department of Finance is opposed to this bill unless it is amended because in its current form, the bill could create a potential reimbursable state mandate, which would result in increased General Fund costs to the state. We recommend amending this bill to authorize, rather than require, county public administrators to determine if unclaimed remains are those of a veteran or a dependent of a veteran and to authorize, rather than require, CVSOs to report specified information to the CDVA. These amendments should remove the potential reimbursable state mandate. Existing law authorizes a cemetery authority, cemetery corporation, or other entity in possession of the cremated remains of veterans or their dependents to release the remains to a VRO if unclaimed for one year. According to the author's office, there is currently no requirement for coroners and cemeteries to make inquiries to determine whether an unclaimed body is that of a veteran or dependent of a veteran. Therefore, many veterans do not receive a proper military burial. Additionally, there is no statewide list of the unclaimed remains of veterans and veterans' dependents that can be consulted by VROs. ASSEMBLY FLOOR : 75-0, 5/17/12 AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, Bill Berryhill, Block, Blumenfield, Bonilla, Bradford, Brownley, Buchanan, Butler, Charles Calderon, Campos, Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson, Donnelly, Eng, Feuer, Fong, Fuentes, Furutani, Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Gorell, Grove, Hagman, Halderman, Hall, Harkey, Hayashi, Roger Hernández, Hill, Huber, Hueso, Huffman, Jeffries, Jones, Knight, Lara, Logue, Ma, Mansoor, Mendoza, Miller, Mitchell, Monning, Morrell, Nestande, Nielsen, Norby, Olsen, Pan, V. Manuel Pérez, Portantino, Silva, Smyth, Solorio, Swanson, Torres, Valadao, Wagner, Wieckowski, Williams, John A. Pérez NO VOTE RECORDED: Fletcher, Bonnie Lowenthal, Perea, AB 1806 Page 6 Skinner, Yamada RM:dn 8/20/12 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END ****