BILL NUMBER: AB 1806	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Cook

                        FEBRUARY 21, 2012

   An act to amend Section 952 of, and to add Sections 951.5 and 955
to, the Military and Veterans Code, relating to veteran interment.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1806, as introduced, Cook. Veteran interment: veterans' remains
organizations.
   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 would require a coroner's office or, if not already
provided, a cemetery corporation or association, to make all
necessary inquiries to determine whether an unclaimed body is that of
a veteran or the dependent of a veteran and would allow the release
of the remains of a veteran or dependent of a veteran after 45 days.
The bill would require a coroner's office or a cemetery corporation
or authority who determines that unclaimed remains are those of a
veteran or dependent of a veteran, and that the remains meet the
criteria for interment by a veterans' remains organization to report
specified information to the Cemetery and Funeral Bureau. This bill
would require the bureau to maintain a list of those unclaimed
remains, and make that list available to veterans' remains
organizations by phone or in person.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 951.5 is added to the Military and Veterans
Code, to read:
   951.5.  (a) A coroner's office shall make all necessary inquiries
to determine whether an unclaimed body is that of a veteran or the
dependent of a veteran.
   (b) If the information is not already provided, a cemetery
corporation or association shall make all necessary inquiries to
determine whether an unclaimed body is that of a veteran or the
dependent of a veteran.
  SEC. 2.  Section 952 of the Military and Veterans Code is amended
to read:
   952.  (a) A cemetery corporation or association, or other entity
in possession of the cremated remains of a veteran or dependent of a
veteran, shall, upon request of a veterans' remains organization and
after verifying the status of the veterans' remains organization as
an organization currently authorized by the Veterans Administration
and the National Personnel Records Center or as an organization
authorized by the local county board of supervisors to verify and
inter unclaimed cremated remains of American veterans, release
veteran status information to the veterans' remains organization.
   (b) The use or disclosure of veteran status information obtained
by a veterans' remains organization pursuant to subdivision (a) shall
be permitted only for the purpose of verifying veteran interment
benefits of the deceased veteran or a dependent of a veteran with the
Department of Veterans Affairs and shall not be used or disclosed
for any other purpose.
   (c) The cemetery authority, cemetery corporation or association,
or other entity in possession of the cremated remains of a veteran or
dependent of a veteran may, upon request of a veterans' remains
organization and after verifying the status of the veterans' remains
organization as an organization currently authorized by the Veterans
Administration and the National Personnel Records Center or as an
organization authorized by the local county board of supervisors to
verify and inter unclaimed cremated remains of American veterans,
release the cremated remains of the veteran or dependent of a veteran
to a veterans' remains organization for the sole purpose of
interment, subject to Section 943 and Sections 7110 and 7208 of the
Health and Safety Code, when all of the following conditions have
been met:
   (1) The veterans' remains organization has verified the interment
benefits of the deceased veteran or dependent of a veteran with the
Department of Veterans Affairs and provided documentation of the
verification to the cemetery authority, cemetery corporation or
association, or other entity that the decedent is a veteran or a
dependent of a veteran eligible for burial in a national or state
cemetery.
   (2) The veterans' remains organization has made a reasonable
effort to locate the agent or family member who has the right to
control the cremated remains of the veteran or dependent of a
veteran.
   (3) The veterans' remains organization has provided notice to all
known agents or family members who have the right to control the
cremated remains of the veteran or dependent of a veteran of the
veteran's remains organization's intent to claim the cremated remains
of the veteran or dependent of a veteran for the purpose of
providing a proper burial of the cremated remains of the veteran or
dependent of a veteran in accordance with Section 943 and Sections
7110 and 7208 of the Health and Safety Code.
   (4) An agent or family member who has the right to control the
cremated remains of the veteran or dependent of a veteran has made no
attempt to claim the cremated remains.
   (5) The cremated remains have been in the possession of the
cemetery authority, cemetery corporation or association, or other
entity for a period of at least  one year   45
days  .
   (d) The cemetery authority, cemetery corporation or association,
or other entity that releases veteran status information or cremated
remains of the veteran or dependent of a veteran pursuant to this
section shall not be subject to civil liability, except for gross
negligence, if all of the conditions of this section are met.
  SEC. 3.  Section 955 is added to the Military and Veterans Code, to
read:
   955.  (a) A coroner's office or a cemetery corporation or
authority that determines, pursuant to Section 951.5, that unclaimed
remains are those of a veteran or dependent of a veteran, and that
the remains meet the criteria for interment by a veterans' remains
organization pursuant to Section 952, shall report the following
information to the Cemetery and Funeral Bureau:
   (1) 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.
   (2) Dates of service.
   (3) Location of the remains and a phone number and name for the
contact at that location.
   (b) The Cemetery and Funeral Bureau shall create and maintain a
list of veterans and dependents of veterans whose remains are
reported pursuant to subdivision (a). This list shall be available to
the representatives of veterans' remains organizations by phone or
in person.