BILL ANALYSIS �
SENATE COMMITTEE ON VETERANS AFFAIRS
LOU CORREA, CHAIRMAN
Bill No: AB 1225
Author: Assembly Veterans Affairs Committee
Version: As Amended January 24, 2012
Hearing Date: April 10, 2012
Fiscal: Yes
Consultant: Donald E. Wilson
SUBJECT OF BILL
Cemeteries: Veterans' commemorative property
PROPOSED LAW
1. Prohibits the sale, trade or transfer of veterans'
commemorative property out of cemeteries except under
certain conditions.
a) The first condition that must be met for sale,
trade, or transfer property is to petition the bureau for
permission, which may be given under the following
circumstances
1) the commemorative property is at reasonable risk
of deterioration and will
be replaced.
2) the sale, trade, or transfer is for the purpose
of preserving the property,
which will then be appropriately displayed in a
"suitable place."
3) If sale, trade, or transfer will ensure that
funds are available for proper
maintenance of veterans place of internment.
4) To return the property to the original veterans'
organization that donated
it.
5) If the petitioner is authorized by the owner to
seek sale, trade, or transfer.
6) If the request is made under any other law
authorizing, sale, trade, or
transfer of veterans commemorative property.
b) Defines "commemorative property" as "any monument,
headstone, marker, memorial, plaque, statue, vase, urn,
flagholder, badge, or shield" that is over 50 years old or
identifies "any veteran or group of veterans, including but
not limited to, any veterans' organization or any military
unit, company, battalion, or division."
EXISTING LAW
1. Establishes the Cemetery and Funeral Bureau within the
Department of Consumer Affairs.
2. Prohibits a cemetery owned and operated by a city,
county, or city and county from engaging in the business of
selling monuments or markers, and also prohibits the
cemetery's officers and employees who manage, operate, or
otherwise maintain the cemetery from engaging in the
private business of selling monuments or
markers.
EXISTING BACKGROUND
1. Many cemeteries have markers, monuments, memorials, et
cetera dedicated to veterans. Some have been donated by
veterans groups, community associations and like
organizations over the years.
2. Old cemeteries may have items that could be considered
collector's items by certain enthusiasts. E.g.- An old
cemetery with financial problems in New York may have a
marker commemorating an infantry unit of the Civil War.
There are many civil war collectors who might find the
marker of interest and want to purchase the item from the
cemetery.
3. Metal theft has become increasingly common as prices
Page 2
for metals have recently risen dramatically. Commonly
stolen metals include copper, aluminum, brass, and bronze.
Thieves recently stole copper plaques commemorating
Veterans from a Long Beach cemetery.
This bill seeks to prevent the theft of property by making
the sale or transfer of these items illegal.
COMMENT
1. According to the author's office, "In recent years, a
market has developed for veteran commemorative cemetery
property. This property includes monuments, headstones,
markers, memorials, and plaques. They have become very
valuable in the antiques market, and this has led to
thieves stealing them from cemeteries. It started with
Civil War property but has progressed to include property
from the Vietnam War era. Additionally, some property is
targeted because of the metal contained in it and later
sold as scrap metal."
"This bill prohibits the unauthorized sale, purchase, or
transfer of any veteran commemorative cemetery property
that is over 50 years old if such property is currently
placed or located within a cemetery. The bill does allow
authorized sales of the property through the Bureau."
2. The California Department of Consumer Affairs is
officially opposing the bill stating "this bill would place
a number of new requirements on the Bureau, including
potential new costs, which could become overly burdensome
and time-consuming to deal with should a number of these
properties be petitioned for sale."
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
Page 3
OPPOSE
California Department of Consumer Affairs
Page 4