BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2190
                                                                  Page  1

          Date of Hearing:   April 21, 2010

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                    AB 2190 (Block) - As Amended:  April 8, 2010 

          Policy Committee:                              JudiciaryVote:9-0  
          (Consent)

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              

           SUMMARY  

          This bill recognizes in state law the U. S. Department of  
          Defense (DD) Form 93 (Record of Emergency Data) as an acceptable  
          written instrument of a military service member's designation of  
          a person to direct the disposition of the service member's  
          remains in the event of their death while on active duty with  
          the U.S. Armed Forces.

           FISCAL EFFECT  

          Negligible fiscal impact.

           COMMENTS  

           1)Background  .  Pursuant to Section 564 of U.S. Public Law  
            109-163, active duty and activated guard/reserve members of  
            the military must complete the federally mandated DD Form 93,  
            in which, among other things, they must designate a person  
            authorized to direct disposition ("PADD") of their remains in  
            the event of death. The document is witnessed (but not  
            notarized) by an authorized military official, and is updated  
            every year on the service member's birthday and prior to each  
            deployment.

            According to instructions printed on the form itself: 

               For military personnel, [this form] is used to designate  
               beneficiaries for certain benefits in the event of the  
               Service member's death. It is also a guide for disposition  
               of that member's pay and allowances if captured, missing,  
               or interned.








                                                                  AB 2190
                                                                  Page  2


           2)Purpose  .  California law does not recognize the DD Form 93 as  
            an acceptable written document for service members, in lieu of  
            a durable power of attorney for health care. This could pose a  
            problem if the person authorized to direct disposition by the  
            service member on his DD Form 93 differs from the person  
            authorized to do so pursuant to Health & Safety Code Section  
            7100, which specifies a hierarchy of persons from which to  
            determine the authorized person, the first being an agent  
            under a power of attorney for health care if one was  
            designated. This bill seeks to prevent conflict over the  
            disposition of remains of fallen service members by formally  
            validating the designation of a person authorized to direct  
            disposition on DD Form 93 for that same purpose under existing  
            state law, but only in the specific case where the service  
            members dies while on active duty.

           Analysis Prepared by  :    Chuck Nicol / APPR. / (916) 319-2081