California 2011-2012 Regular Session Status: Enacted

AB 905 — Disposition of remains: authorized agent.

Last action — Chaptered by Secretary of State - Chapter 321, Statutes of 2011.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 17, 2011. Enacted.

Prognosis

Likely to advance 76% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 4 sponsors

    1 primary, 3 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 7 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law lists the person or persons who, in an order of succession, have the right to control, and duty of disposition of, the remains of a deceased person if other directions have not been given by the decedent. The first among the list of persons so authorized pursuant to this list is an agent under a power of attorney for health care who has the right and duty of disposition. A person upon whom the duty of interment is imposed by law who omits to perform that duty within a reasonable period of time is guilty of a misdemeanor. This bill would specify that the designation of a person authorized to direct disposition (PADD) on a United States Department of Defense Record of Emergency Data, DD Form 93, as that form exists on December 31, 2011, or its successor form if approved by the State Registrar, shall take first priority and be used to establish an agent who has the right and duty of disposition for a decedent who died while on duty in any branch or component of the Armed Forces of the United States, as defined. This bill would provide that this provision will become operative only if the form and a specified federal statute are amended to allow a service member to designate any person, regardless of the relationship of the designee to the decedent, as the agent who has the right of disposition of a service member's remains. This bill would incorporate additional changes in Section 7100 of the Health and Safety Code, proposed by SB 647, to be operative only if SB 647 and this bill are both chaptered and become effective on or before January 1, 2012, and this bill is chaptered last.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 321, Statutes of 2011.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 11 a.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 77. Noes 0. Page 2844.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 2 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 35. Noes 2. Page 2141.).

  7. Read second time. Ordered to third reading.

  8. Read third time and amended. Ordered to second reading.

  9. Read second time and amended. Ordered to third reading.

  10. From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and be amended.

  11. From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 0.) (June 21). Re-referred to Com. on APPR.

  12. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.

  13. Referred to Com. on JUD.

  14. In Senate. Read first time. To Com. on RLS. for assignment.

  15. Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 0. Page 1454.)

  16. Read second time. Ordered to consent calendar.

  17. Read second time and amended. Ordered to second reading.

  18. From committee: Do pass as amended. To consent calendar. (Ayes 16. Noes 0.) (May 11).

  19. From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (April 26). Re-referred to Com. on APPR.

  20. From committee: Do pass and re-refer to Com. on V.A. with recommendation: to consent calendar. (Ayes 10. Noes 0.) (April 5). Re-referred to Com. on V.A.

  21. Referred to Coms. on JUD. and V.A.

  22. From printer. May be heard in committee March 20.

  23. Read first time. To print.

Sponsors

  • Atkins · Cosponsor
  • Cook · Cosponsor
  • Knight · Cosponsor
  • Pan · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 3 co-sponsors · 118 not signed on

Sponsors (1)

  • Pan

Co-sponsors (3)

  • Atkins
  • Cook
  • Knight

Not signed on (118)

118 members have not signed on to this bill.

Show all 118 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 905 PAN Concurrence in Senate Amendments

Passed 77 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 74003
Democratic 1000
Republican 2000
Total 77003
% of votes cast 96%0%0%4%
How each member voted (80)
Member Party Vote
Hagman — Yea
Butler — Yea
Garrick — Yea
Halderman — Yea
Campos — Yea
Hill — Yea
Hueso — Yea
John A. Pérez — Yea
Mitchell — Yea
Jeffries — Yea
Knight — Yea
Atkins — Yea
Mendoza — Yea
Carter — Yea
Portantino — Yea
Miller — Yea
Cedillo — Yea
Cook — Yea
Donnelly — Yea
Perea — Yea
Silva — Yea
Solorio — Yea
Wagner — Yea
Wieckowski — Yea
Allen — Yea
Feuer — Yea
Fong — Yea
Fletcher — Yea
Furutani — Yea
Bonilla — Not Voting
Galgiani — Yea
Gordon — Yea
Gorell — Not Voting
Conway — Yea
Hall — Yea
Harkey — Yea
Hayashi — Yea
Beall — Yea
Block — Yea
Huffman — Yea
Lara — Yea
Ma — Yea
Monning — Yea
Morrell — Yea
Nestande — Yea
Norby — Yea
Olsen — Yea
Swanson — Yea
Achadjian — Yea
Alejo — Yea
Ammiano — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Huber — Yea
Logue — Yea
Mansoor — Yea
Nielsen — Yea
Pan — Yea
Skinner — Yea
Smyth — Yea
Torres — Yea
Valadao — Yea
Williams — Yea
Chesbro — Yea
Eng — Yea
Davis — Not Voting
Dickinson — Yea
Fuentes — Yea
Gatto — Yea
Yamada — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

3rd Reading AB905 Pan By Correa

Passed 35 Yea · 2 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 33202
Republican 1000
Democratic 1001
Total 35203
% of votes cast 88%5%0%8%
How each member voted (40)
Member Party Vote
Yee — Yea
Wyland — Yea
Lowenthal — Yea
De León — Yea
Hancock — Yea
Negrete McLeod — Yea
Blakeslee — Yea
Cannella — Yea
Huff — Yea
Kehoe — Yea
Liu — Yea
Price — Yea
Simitian — Yea
Steinberg — Yea
Wolk — Yea
Wright — Yea
Rubio — Yea
Runner — Not Voting
Dutton — Nay
Evans — Yea
Harman — Not Voting
Anderson — Nay
Vargas — Yea
Alquist — Yea
Hernandez — Yea
Leno — Yea
Lieu — Yea
Pavley — Yea
Walters — Yea
Corbett — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Fuller — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Not Voting
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

AB 905 PAN Consent Calendar Second Day

Passed 78 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 73002
Democratic 3000
Republican 2000
Total 78002
% of votes cast 98%0%0%3%
How each member voted (80)
Member Party Vote
Gorell — Not Voting
Hall — Yea
Butler — Yea
Hagman — Yea
Hill — Yea
Huber — Yea
Jeffries — Yea
Knight — Yea
John A. Pérez — Yea
Mitchell — Yea
Atkins — Yea
Carter — Yea
Chesbro — Yea
Dickinson — Yea
Perea — Yea
Campos — Yea
Portantino — Yea
Eng — Yea
Fuentes — Yea
Cedillo — Yea
Furutani — Yea
Gatto — Yea
Bonilla — Yea
Gordon — Yea
Fletcher — Yea
Conway — Yea
Davis — Yea
Halderman — Yea
Alejo — Not Voting
Beall — Yea
Harkey — Yea
Lara — Yea
Mendoza — Yea
Monning — Yea
Morrell — Yea
Nestande — Yea
Nielsen — Yea
Norby — Yea
Olsen — Yea
Skinner — Yea
Solorio — Yea
Torres — Yea
Valadao — Yea
Wieckowski — Yea
Williams — Yea
Achadjian — Yea
Ammiano — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Hueso — Yea
Huffman — Yea
Logue — Yea
Ma — Yea
Mansoor — Yea
Miller — Yea
Pan — Yea
Silva — Yea
Smyth — Yea
Swanson — Yea
Wagner — Yea
Cook — Yea
Feuer — Yea
Donnelly — Yea
Galgiani — Yea
Garrick — Yea
Yamada — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Allen, Benjamin Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass as amended, to Consent Calendar.

Passed 16 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 15001
Democratic 1000
Total 16001
% of votes cast 94%0%0%6%
How each member voted (17)
Member Party Vote
Campos — Yea
Fuentes — Yea
Hall — Yea
Mitchell — Yea
Hill — Yea
Norby — Yea
Blumenfield — Yea
Donnelly — Not Voting
Solorio — Yea
Wagner — Yea
Bradford — Yea
Harkey — Yea
Lara — Yea
Nielsen — Yea
Davis — Yea
Gatto — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

veterans healthcare
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 905 do?
Existing law lists the person or persons who, in an order of succession, have the right to control, and duty of disposition of, the remains of a deceased person if other directions have not been given by the decedent. The first among the list of persons so authorized pursuant to this list is an agent under a power of attorney for health care who has the right and duty of disposition. A person upon whom the duty of interment is imposed by law who omits to perform that duty within a reasonable period of time is guilty of a misdemeanor. This bill would specify that the designation of a person authorized to direct disposition (PADD) on a United States Department of Defense Record of Emergency Data, DD Form 93, as that form exists on December 31, 2011, or its successor form if approved by the State Registrar, shall take first priority and be used to establish an agent who has the right and duty of disposition for a decedent who died while on duty in any branch or component of the Armed Forces of the United States, as defined. This bill would provide that this provision will become operative only if the form and a specified federal statute are amended to allow a service member to designate any person, regardless of the relationship of the designee to the decedent, as the agent who has the right of disposition of a service member's remains. This bill would incorporate additional changes in Section 7100 of the Health and Safety Code, proposed by SB 647, to be operative only if SB 647 and this bill are both chaptered and become effective on or before January 1, 2012, and this bill is chaptered last.
Who sponsors AB 905?
AB 905 is sponsored by Atkins, Cook, Knight, and Pan.
What is the current status of AB 905?
This bill has been enacted into law. Introduced February 17, 2011. Enacted.
Where can I track AB 905?
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