Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1053

Introduced by Assembly Member Mathis

February 26, 2015

An act to amend Section begin delete 800 of the Military and Veterans Code, end delete begin insert 102875 of, and to add Section 102791 to, the Health and Safety Code, end insert relating to begin delete military service. end delete begin insert certificates of death. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1053, as amended, Mathis. begin delete Military service: benefits. end delete begin insert Certificates of death: veterans. end insert

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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.

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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.

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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.

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By changing the definition of existing crimes, and by increasing the responsibility of local officials, this bill would impose a state-mandated local program.

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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.

end insert begin insert

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

end insert begin insert

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.

end insert begin delete

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.

end delete begin delete

This bill would make technical, nonsubstantive changes to this provision.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert

begin insert The Legislature finds and declares the following: end insert

begin insert

(a) Every day 22 veterans take their own lives.

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(b) Thirty percent of veterans have considered suicide.

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(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.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 102875 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

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, begin delete and end delete occupation and
industry or begin delete business. end delete begin insert business, and, commencing July 1, 2016,
whether the decedent was ever in the armed forces of the United
States. end insert

(B)  begin delete Commencing July 1, 2015, a end delete begin insert A end insert 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)  begin delete Commencing July 1, 2015, if end delete begin insert If end insert 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)  begin delete Commencing July 1, 2015, a end delete begin insert A end insert 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)  begin delete Commencing July 1, 2015, a end delete begin insert A end insert 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 begin insert , end insert including signature and
license number of begin delete embalmer end delete begin insert embalmber, end insert if begin insert the end insert body begin insert is end insert begin delete embalmed end delete
begin insert embalmed, end insert 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 begin delete provision
of law to the contrary, end delete begin insert law, end insert 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 begin delete provision of law to the
contrary, end delete begin insert law, end insert 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 begin delete provision of law to the contrary, end delete begin insert law, end insert
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.

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(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.”

end insert

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begin insert SEC. 3. end insert   

end insert

begin insert Section 102791 is added to the end insert begin insert Health and Safety Code end insert begin insert ,
to read: end insert

begin insert

begin insert 102791. end insert   

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.

end insert

begin insert

begin insert SEC. 4. end insert   

end insert begin insert

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.

end insert begin insert

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.

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begin delete

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.

end delete