01/31/2011 01:30 PM Senate JUDICIARY

         SB  33-DISPOSITION OF SERVICE MEMBERS' REMAINS                                                                     
                                                                                                                                
2:41:19 PM                                                                                                                    
CHAIR FRENCH announced the consideration  of SB 33. [CSSB 33(STA)                                                               
was before the committee.]                                                                                                      
                                                                                                                                
2:41:27 PM                                                                                                                    
MICHAEL CAULFIELD,  intern for  Senator Wielechowski,  sponsor of                                                               
SB 33, introduced the bill stating the following:                                                                               
                                                                                                                                
     In  these times  of war  it  is vital  we hold  service                                                                    
     members in the  highest regard and treat  them with all                                                                    
     the respect they deserve. This  is never more important                                                                    
     than  in  honoring their  final  wishes  in the  tragic                                                                    
     event of their death while on duty.                                                                                        
                                                                                                                                
     The Department of  Defense requires active-duty service                                                                    
     members,  reservists and  guard members  to complete  a                                                                    
     Record of Emergency Data form  (DD Form 93) annually or                                                                    
     prior to deployment in which  they stipulate who should                                                                    
     manage their remains  in the event of  their death. The                                                                    
     Coast  Guard, which  falls  outside  the Department  of                                                                    
     Defense,  but follows  the same  federal statutes,  has                                                                    
     their own  form - The Designation  of Beneficiaries and                                                                    
     Record  of  Emergency  Data form.  Unfortunately,  many                                                                    
     states including  Alaska do not  comply with  the forms                                                                    
     because no  laws recognize the  legal designees  as the                                                                    
     person  in  charge  of   their  remains.  Instead  they                                                                    
     default  to  predetermined  lists,  generally  starting                                                                    
     with the spouse.                                                                                                           
                                                                                                                                
     Clearly,  this can  lead to  disputes where  the person                                                                    
     named on  the form  differs from the  automatic default                                                                    
     and  they  both wish  to  have  an authority  over  the                                                                    
     remains.  These  situations  can draw  out  an  already                                                                    
     painful process  of mourning and  burial. SB  33 solves                                                                    
     this problem  by amending Alaska statutes  to recognize                                                                    
     the person on  the emergency data forms  as the primary                                                                    
     manager of  the remains.  This will stop  disputes over                                                                    
     who should have authority  and help protect against the                                                                    
     worst case  scenario when no  one can be found  to deal                                                                    
     with the remains.                                                                                                          
                                                                                                                                
     Around 20  states already have  laws which  comply with                                                                    
     the federal  form and in our  doing so we will  be able                                                                    
     to ensure  our heroic soldiers' remains  are handled by                                                                    
     the person they truly desired.                                                                                             
                                                                                                                                
     This  bill   is  supported   by  the   Alaska  Veterans                                                                    
     Association, the  Office of the Deputy  Under Secretary                                                                    
     of  Defense,  and the  Alaska  chapter  of the  Vietnam                                                                    
     Veterans of America.                                                                                                       
                                                                                                                                
2:43:31 PM                                                                                                                    
SENATOR  COGHILL  stated  that   while  he's  never  agreed  with                                                               
adopting  the U.S.  code into  Alaska statutes,  this bill  deals                                                               
with  specific issues  on disposition  and he  suspects that  the                                                               
requirements have to be set forth in order to act.                                                                              
                                                                                                                                
CHAIR FRENCH commented that it will be an issue as long as we                                                                   
live in a nation of states.                                                                                                     
                                                                                                                                
2:44:54 PM                                                                                                                    
MARK  SAN   SOUCI,  Northwest   Regional  Liaison   for  Military                                                               
Families,  U.S.  Department of  Defense  (DOD),  stated that  the                                                               
basic issue  is that they'd  like Alaska  to have a  statute that                                                               
recognizes  what  the  federal  form asks  of  military  members.                                                               
Before  deployment and  on  a  regular basis  they  are asked  to                                                               
select  either a  surviving spouse,  blood  relative, or  adopted                                                               
relative to  handle the  disposition of  their remains.  This has                                                               
become a  problem in states  that don't recognize the  federal DD                                                               
Form 93 and those where the  choices on the form don't align with                                                               
state  statures. Since  2009 DOD  has asked  states to  recognize                                                               
this form.  At this point,  20 states accept  the DD Form  93, 10                                                               
states  last year  passed legislation  into  law recognizing  the                                                               
form,  and  this  year  9  more  states,  including  Alaska,  are                                                               
addressing   this   issue.   The   National   Funeral   Directors                                                               
Association supports the bill.                                                                                                  
                                                                                                                                
2:47:13 PM                                                                                                                    
RIC DAVIDGE,  President, Vietnam Veterans of  America, and Chair,                                                               
Alaska Veterans Foundation,  stated strong support for  SB 33 and                                                               
expressed appreciation  that the  current version  recognizes the                                                               
Coast Guard, which  is under the Department  of Homeland Security                                                               
rather  than the  Department  of Defense.  He  reported that  the                                                               
Anchorage  Funeral  Home program  and  the  National Cemetery  in                                                               
Virginia  are   very  helpful  and  work   closely  with  service                                                               
organizations  on  base as  well  as  the veteran  community.  He                                                               
highlighted  the  joint  program  with  Providence  Hospital  and                                                               
Alaska Regional to  ensure that no veteran  in these institutions                                                               
dies alone and no veteran anywhere is buried alone.                                                                             
                                                                                                                                
CHAIR FRENCH closed public testimony  and announced he would hold                                                               
SB 33 in committee.                                                                                                             
                                                                                                                                
SENATOR COGHILL  asked about the  possibility of giving  the bill                                                               
an immediate effective date.                                                                                                    
                                                                                                                                
CHAIR FRENCH replied the prime sponsor can ponder that.