SB 33: "An Act relating to the disposition of remains of a member of the military if the member dies while in a duty status."
00 SENATE BILL NO. 33 01 "An Act relating to the disposition of remains of a member of the military if the member 02 dies while in a duty status." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 26.05 is amended by adding a new section to read: 05 Sec. 26.05.262. Disposition of remains of members of organized militia on 06 duty status. (a) Except as provided in (b) of this section, if a member of the organized 07 militia who is in active state service has executed the United States Department of 08 Defense Military Record of Emergency Data Form (DD Form 93), or its successor 09 form, to serve as a record of emergency data and, on that form, has designated a 10 person who is authorized to direct the disposition of the member's remains if the 11 member dies while in a duty status as described in 10 U.S.C. 1481, notwithstanding 12 any other provision of law, the person authorized to direct the disposition of remains 13 on the executed form has the right to make the decisions concerning the disposition of 14 the member's remains.
01 (b) The Department of Military and Veterans' Affairs may, notwithstanding 02 any other provision of law, contact the National Cemetery Administration of the 03 United States Department of Veterans Affairs to dispose of the remains of a member 04 of the organized militia who is in active state service and who dies while in a duty 05 status as described in 10 U.S.C. 1481, if the following persons are not available or are 06 unable to make the decisions concerning the disposition of the remains of the member: 07 (1) the person authorized by the member on the United States 08 Department of Defense Military Record of Emergency Data Form (DD Form 93), or 09 its successor form, to make the decisions concerning the disposition of the member's 10 remains; or 11 (2) a person who is 18 years of age or older and who is related to the 12 member by blood, marriage, or adoption. 13 * Sec. 2. AS 26.10 is amended by adding a new section to read: 14 Sec. 26.10.065. Disposition of remains of state resident military personnel 15 on duty status. (a) Except as provided in (b) of this section, if a state resident who is a 16 member of the military has executed the United States Department of Defense 17 Military Record of Emergency Data Form (DD Form 93), or its successor form, to 18 serve as a record of emergency data and, on that form, has designated a person who is 19 authorized to direct the disposition of the member's remains if the member dies while 20 in a duty status as described in 10 U.S.C. 1481, notwithstanding any other provision of 21 law, the person authorized to direct the disposition of remains on the executed form 22 has the right to make the decisions concerning the disposition of the member's 23 remains. 24 (b) The Department of Military and Veterans' Affairs may, notwithstanding 25 any other provision of law, contact the National Cemetery Administration of the 26 United States Department of Veterans Affairs to dispose of the remains of a state 27 resident who is a member of the military and who dies while in a duty status as 28 described in 10 U.S.C. 1481, if the following persons are not available or are unable to 29 make the decisions concerning the disposition of the remains of the member: 30 (1) the person authorized by the member on the United States 31 Department of Defense Military Record of Emergency Data Form (DD Form 93), or
01 its successor form, to make the decisions concerning the disposition of the member's 02 remains; or 03 (2) a person who is 18 years of age or older and who is related to the 04 member by blood, marriage, or adoption.