BILL NUMBER: AB 1806 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 26, 2012
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 amended, 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 the public
administrator of a county to report all unclaimed remains to the
county veteran service officer 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 a county veteran
service officer 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 Department of Veterans Affairs . This
bill would require the bureau department
to maintain a list of those unclaimed remains, and make that
list available to veterans' remains organizations by phone or in
person. By increasing the duties of counties, this bill would
impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known and may be
cited as the Burial with Honor Act of 2012.
SECTION 1. SEC. 2. 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.
951.5. The public administrator of the county shall report all
unclaimed remains to the county veteran service officer. Following a
report from the public administrator, the county veteran service
officer shall determine whether the remains belong to a veteran or
the dependent of a veteran.
SEC. 2. SEC. 3. 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 United States Department of Veterans
Affairs 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 United States Department of
Veterans Affairs 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 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. SEC. 4. Section 955 is added
to the Military and Veterans Code, to read:
955. (a) A coroner's office or a cemetery corporation or
authority county veteran service officer 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 Department of
Veterans Affairs :
(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
telephone number and name for the contact at that location.
(b) The Cemetery and Funeral Bureau
Department of Veterans Affairs 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
telephone or in person.
SEC. 5. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.