BILL ANALYSIS �
AB 1806
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1806 (Cook)
As Amended August 23, 2012
Majority vote
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|ASSEMBLY: |75-0 |(May 17, 2012) |SENATE: |36-0 |(August 28, |
| | | | | |2012) |
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Original Committee Reference: V.A.
SUMMARY : Adds requirements for the county public administrator
to make specified reports about unclaimed remains and for the
California Department of Veterans Affairs (CalVet) to keep a
list of unclaimed remains. Reduces time before which unclaimed
remains may be released to a veterans' remains organization.
Specifically, this bill :
1)Requires a county public administrator to make every
reasonable effort to determine if the unclaimed remains of a
decedent referred to the public administrator belong to a
veteran or the dependent of a veteran.
2)Requires the county public administrator to work with
specified entities, including the county veteran service
officer (CVSO), to determine if the remains belong to a
veteran or the dependent of a veteran.
3)Allows the release of the remains of a veteran or dependent of
a veteran to specified veterans' remains organizations.
4)Requires the CVSO who determines that unclaimed remains are
those of a veteran or a dependent of a veteran, and that the
remains meet the criteria for interment by a veterans' remains
organization, to report specified information to CalVet:
a) 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.
b) Dates of service.
c) Location of the remains and a telephone number and name
AB 1806
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for the contact at that location.
5)Requires CalVet to maintain a list of those unclaimed remains,
and make that list available to veterans' remains
organizations by phone or in person.
The Senate amendments preserve the current one-year statutory
waiting period before remains are "unclaimed" and may be
released and essentially leaves the method for the public
administrator to determine if remains are those of a veteran to
the best discretion of the public administrator.
AS PASSED BY THE ASSEMBLY , this bill required the public
administrator to report all unclaimed remains to the CVSO rather
than work with specified entities, including a CVSO, to
determine if the remains belong to a veteran or dependent. This
bill also contained a stipulation that would allow the release
of unclaimed veterans remains after 45 days, which was deleted.
FISCAL EFFECT : According to the Senate Appropriations
Committee, there will be minor, absorbable costs to the DVA for
creating and maintaining the list and unknown, potentially minor
state reimbursable costs to counties.
COMMENTS : Veterans have earned the burial benefits for which
they are eligible as a result of having honorably served their
country. It is an honorable thing and a light burden for those
who have possession of unclaimed remains to make a small effort
to determine if the unclaimed remains are those of a veteran.
It also seems a minor undertaking to require CalVet to simply
maintain a list of unclaimed remains; there are many veterans'
remains organizations which are dedicated to interment of
unclaimed veterans remains and there currently is no single
point of contact for them to find out if there are unclaimed
veterans remains with which they could assist. The list will
make it easy for veterans' interment organizations to connect a
deceased veteran with federal burial benefits that are already
there, earned, and waiting.
The Senate amendments with regard to how the public
administrator determines if remains are those of a veteran are,
according to the author, a result of input from public
adminstrators and seem sound. They leave room for the public
administrators to use their expertise while accomplishing the
overall objective.
AB 1806
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The Senate amendments with regard to the preservation of the one
year waiting period is a compromise, an attempt to balance the
desire to give abundant time for family to claim remains, with
the desire that remains be expeditiously given a proper and
respectful interment.
Analysis Prepared by : John Spangler / V. A. / (916) 319-3550
FN: 0005269