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;
AB 1644
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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
AB 1644
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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
FN: 0005642