Bill Text: CA AB1053 | 2015-2016 | Regular Session | Amended
Bill Title: Certificates of death: veterans.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2016-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1053 Detail]
Download: California-2015-AB1053-Amended.html
BILL NUMBER: AB 1053 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Mathis
FEBRUARY 26, 2015
An act to amend Section 800 of the Military and Veterans
Code, 102875 of, and to add Section 102791 to, the
Health and Safety Code, relating to military service.
certificates of death.
LEGISLATIVE COUNSEL'S DIGEST
AB 1053, as amended, Mathis. Military service: benefits.
Certificates of death: veterans.
Existing law establishes the State Department of Public Health
under the direction of the State Public Health Officer. Existing law
sets forth the powers and duties of the State Public Health Officer,
including, but not limited to, designation as the State Registrar of
Vital Statistics, having supervisory powers over local registrars and
responsibility for the uniform and thorough enforcement of
provisions relating to the registration of certain vital statistics.
Existing law requires that each death be registered with the local
registrar of births and deaths in the district in which the death
was officially pronounced or the body was found. Existing law sets
forth the persons responsible for completing the certificate of death
and the required contents of the certificate, including, but not
limited to, the decedent's name, sex, and birthplace. Certain
violations of these requirements are a crime.
This bill, commencing July 1, 2016, would require a person
completing the certificate of death to record whether the decedent
was ever in the Armed Forces of the United States and to include in
the items relating to health data information, information on whether
the cause of death is any manner of suicide. The bill would also
require the local registrar to make information on veteran suicide
available to the Department of Veterans Affairs and United States
Department of Veterans Affairs.
By changing the definition of existing crimes, and by increasing
the responsibility of local officials, 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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
Existing law authorizes a member of the United States Military
Reserve or the National Guard who is called to active duty, as
specified, to defer payments on certain obligations while serving on
active duty.
This bill would make technical, nonsubstantive changes to this
provision.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares the
following:
(a) Every day 22 veterans take their own lives.
(b) Thirty percent of veterans have considered suicide.
(b) The number of veterans who take their own lives is likely much
higher as certificates of death do not require veteran status to be
listed and may be under reporting the number of suicides.
SEC. 2. Section 102875 of the Health
and Safety Code is amended to read:
102875. The certificate of death shall be divided into two
sections.
(a) The first section shall contain those items necessary to
establish the fact of the death, including all of the following and
those other items as the State Registrar may designate:
(1) (A) Personal data concerning decedent including full name,
sex, color or race, marital status, name of spouse, date of birth and
age at death, birthplace, usual residence, and
occupation and industry or business.
business, and, commencing July 1, 2016, whether the decedent was ever
in the armed forces of the United States.
(B) Commencing July 1, 2015, a A
person completing the certificate shall record the decedent's sex to
reflect the decedent's gender identity. The decedent's gender
identity shall be reported by the informant, unless the person
completing the certificate is presented with a birth certificate, a
driver's license, a social security record, a court order approving a
name or gender change, a passport, an advanced health care
directive, or proof of clinical treatment for gender transition, in
which case the person completing the certificate shall record the
decedent's sex as that which corresponds to the decedent's gender
identity as indicated in that document. If none of these documents
are presented and the person with the right, or a majority of persons
who have equal rights, to control the disposition of the remains
pursuant to Section 7100 is in disagreement with the gender identity
reported by the informant, the gender identity of the decedent
recorded on the death certificate shall be as reported by that person
or majority of persons.
(C) Commencing July 1, 2015, if If a
document specified in subparagraph (B) is not presented and a
majority of persons who have equal rights to control the disposition
of the remains pursuant to Section 7100 do not agree with the gender
identity of the decedent as reported by the informant, any one of
those persons may file a petition, in the superior court in the
county in which the decedent resided at the time of his or her death,
or in which the remains are located, naming as a party to the action
those persons who otherwise have equal rights to control the
disposition and seeking an order of the court determining, as
appropriate, who among those parties shall determine the gender
identity of the decedent.
(D) Commencing July 1, 2015, a A
person completing the death certificate in compliance with
subparagraph (B) is not liable for any damages or costs arising from
claims related to the sex of the decedent as entered on the
certificate of death.
(E) Commencing July 1, 2015, a A
person completing the death certificate shall comply with
the data and certification requirements described in Section 102800
by using the information available to him or her prior to the
deadlines for completion specified in that section.
(2) Date of death, including month, day, and year.
(3) Place of death.
(4) Full name of father and birthplace of father, and full maiden
name of mother and birthplace of mother.
(5) Informant.
(6) Disposition of body information , including
signature and license number of embalmer
embalmber, if the body is
embalmed embalmed, or name of embalmer if
affixed by attorney-in-fact; name of funeral director, or person
acting as such; and date and place of interment or removal.
Notwithstanding any other provision of law to the contrary,
law, an electronic signature substitute, or some
other indicator of authenticity, approved by the State Registrar may
be used in lieu of the actual signature of the embalmer.
(7) Certification and signature of attending physician and surgeon
or certification and signature of coroner when required to act by
law. Notwithstanding any other provision of law to the
contrary, law, the person completing the portion
of the certificate setting forth the cause of death may attest to
its accuracy by use of an electronic signature substitute, or some
other indicator of authenticity, approved by the State Registrar in
lieu of a signature.
(8) Date accepted for registration and signature of local
registrar. Notwithstanding any other provision of law to the
contrary, law, the local registrar may elect to
use an electronic signature substitute, or some other indicator of
authenticity, approved by the State Registrar in lieu of a signature.
(b) The second section shall contain those items relating to
medical and health data, including all of the following and other
items as the State Registrar may designate:
(1) Disease or conditions leading directly to death and antecedent
causes.
(2) Operations and major findings thereof.
(3) Accident and injury information.
(4) Information indicating whether the decedent was pregnant at
the time of death, or within the year prior to the death, if known,
as determined by observation, autopsy, or review of the medical
record. This paragraph shall not be interpreted to require the
performance of a pregnancy test on a decedent, or to require a review
of medical records in order to determine pregnancy.
(5) Commencing July 1, 2016, information indicating whether the
cause of death was suicide. This information shall include all
methods of suicide, including suicides that involve law enforcement,
also known as "suicide by cop."
SEC. 3. Section 102791 is added to the
Health and Safety Code , to read:
102791. Commencing July 1, 2016, the local registrar shall make
data on veteran suicides available to the Department of Veterans
Affairs and the United States Department of Veterans Affairs.
SEC. 4. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution for certain costs that may be incurred by a local agency
or school district because, in that regard, this act creates a new
crime or infraction, eliminates a crime or infraction, or changes the
penalty for a crime or infraction, within the meaning of Section
17556 of the Government Code, or changes the definition of a crime
within the meaning of Section 6 of Article XIII B of the California
Constitution.
However, if the Commission on State Mandates determines that this
act contains other 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.
SECTION 1. Section 800 of the Military and
Veterans Code is amended to read:
800. (a) (1) Subject to subdivision (b), in addition to any other
benefit provided by law, and to the extent permitted by federal law,
any member of the United States Military Reserve or the National
Guard of this state who is called to active duty after the enactment
of this chapter and before January 1, 2014, as a part of the Iraq and
Afghanistan conflicts, may defer payments on any of the following
obligations while serving on active duty:
(A) An obligation secured by a mortgage or deed of trust.
(B) Credit card, as defined in Section 1747.02 of the Civil Code.
(C) Retail installment contract, as defined in Section 1802.6 of
the Civil Code.
(D) Retail installment account, installment account, or revolving
account, as defined in Section 1802.7 of the Civil Code.
(E) Up to two vehicle loans.
(F) Any payment of property tax or special assessment of in-lieu
property tax imposed on real property that is assessed on residential
property owned by the reservist and used as that reservist's primary
place of residence on the date the reservist was ordered to active
duty.
(2) Subject to subdivision (b), in addition to any other benefit
provided by law, and to the extent permitted by federal law, a
reservist who is called to active duty on and after January 1, 2014,
may defer payments on any of the following obligations while serving
on active duty:
(A) An obligation secured by a mortgage or deed of trust.
(B) Credit card, as defined in Section 1747.02 of the Civil Code.
(C) Retail installment contract, as defined in Section 1802.6 of
the Civil Code.
(D) Retail installment account, installment account, or revolving
account, as defined in Section 1802.7 of the Civil Code.
(E) Up to two vehicle loans.
(F) Any payment of property tax or special assessment of in-lieu
property tax imposed on real property that is assessed on residential
property owned by the reservist and used as that reservist's primary
place of residence on the date the reservist was ordered to active
duty.
(G) Any obligation owed to a utility company.
(b) (1) In order for an obligation or liability of a reservist to
be subject to this chapter, the reservist or the reservist's designee
shall deliver to the obligor both of the following:
(A) A letter signed by the reservist, under penalty of perjury,
requesting a deferment of financial obligations.
(B) A copy of the reservist's activation or deployment order and
any other information that substantiates the duration of the service
member's military service.
(2) If required by a financial institution, proof that the
reservist's employer does not provide continuing income to the
reservist while the reservist is on active military duty, including
the reservist's military pay, of more than 90 percent of the
reservist's monthly salary and wage income earned before the call to
active duty.
(c) Upon request of the reservist or the reservist's dependent or
designee and within five working days of that request, if applicable,
the employer of a reservist shall furnish the letter or other
comparable evidence showing that the employer's compensation policy
does not provide continuing income to the reservist, including the
reservist's military pay, of more than 90 percent of the reservist's
monthly salary and wage income earned before the call to active duty.
(d) The deferral period on financial obligations shall be the
lesser of 180 days or the period of active duty plus 60 calendar
days, and shall apply only to those payments due subsequent to the
notice provided to a lender as provided in subdivision (b). In
addition, the total period of the deferment shall not exceed 180 days
within a 365-day period.
(e) If a lender defers payments on a closed end credit obligation
or an open-end credit obligation with a maturity date, pursuant to
this chapter, the lender shall extend the term of the obligation by
the amount of months the obligation was deferred.
(f) If a lender defers payments on an open-end credit obligation
pursuant to this chapter, the lender may restrict the availability of
additional credit with respect to that obligation during the term of
the deferral.
(g) For purposes of this chapter, "vehicle" means a vehicle as
defined in Section 670 of the Vehicle Code.
