BILL ANALYSIS
AB 1644
Page 1
Date of Hearing: April 13, 2010
ASSEMBLY COMMITTEE ON VETERANS AFFAIRS
Paul J. Cook, Chair
AB 1644 (Nielsen) - As Amended: March 11, 2010
SUBJECT : Veterans' remains.
SUMMARY : This bill would allow 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 and
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.Defines "cremated remains" to mean the ashes and bone
fragments of a human body that are left after cremation in a
crematory, including ashes from the cremation container.
(Health & Safety Code Section 7002.) (All further reference
to the Health & Safety Code, unless otherwise noted.)
2.Defines "interment" to mean the disposition of human remains
by entombment or burial in a cemetery or, in the case of
cremated remains, by inurnment, placement or burial in a
cemetery, or burial at sea. (Section 7009.)
3.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
AB 1644
Page 2
cremation in a durable container.
b. Keep the cremated remains in a durable container.
c. Store the cremated remains in a place free from
exposure to the elements.
d. Responsibly maintain the cremated remains. (Section
7054.6(b).)
4.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;
g. the public administrator when the deceased has
sufficient assets. (Section 7100(a).).
5.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 the above
categories (1) to (6) 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.
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. (Section 7100(b).)
6.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
cemetery authority for their care or unless permanent
interment has been made. Further provides that no licensed
AB 1644
Page 3
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.
REGISTERED SUPPORT / OPPOSITION :
Support
Vietnam Veterans of America-CA State Council sponsor
American Legion, Department of California
California Association of County Veterans Service Officers
Opposition
None on file.
Analysis Prepared by : Eric Worthen / V. A. / (916) 319-3550