01/25/2011 09:00 AM Senate STATE AFFAIRS

         SB 33-DISPOSITION OF SERVICE MEMBERS' REMAINS                                                                      
                                                                                                                                
9:47:40 AM                                                                                                                    
CHAIR WIELECHOWSKI announced consideration of SB 33.                                                                            
                                                                                                                                
9:49:40 AM                                                                                                                    
MICHAEL CAULFIELD, intern for SENATOR WIELECHOWSKI, sponsor of                                                                  
SB 33, presented the sponsor statement, as follows:                                                                             
                                                                                                                                
     The Department of Defense  requires active duty service                                                                    
     members,  reservists and  guard members  to complete  a                                                                    
     Record  of  Emergency Data  (DD  Form  93) annually  or                                                                    
     prior to  deployment. This  form identifies  the person                                                                    
     authorized to direct disposition  of a service member's                                                                    
     remains in the  event that service member  is killed in                                                                    
     the line of duty.  The intent of SB 33 is to ensure that                                                                   
     active  duty  service  members who  make  the  ultimate                                                                    
     sacrifice are  properly honored by ensuring  that their                                                                    
     remains  are  disposed  of  by   the  person  of  their                                                                    
     choosing.  The Department  of  Defense requires  active                                                                    
     duty service  members, reservists and guard  members to                                                                    
     complete  a  Record  of Emergency  Data  (DD  Form  93)                                                                    
     annually or  prior to deployment. This  form identifies                                                                    
     the  person  authorized  to  direct  disposition  of  a                                                                    
     service  member's remains  in  the  event that  service                                                                    
     member is killed in the line of duty.                                                                                      
                                                                                                                                
     SB  33   will  place   the  state  in   alignment  with                                                                    
     Department of  Defense procedures,  so that  the person                                                                    
     designated  to handle  disposition  of  remains is  not                                                                    
     called  into question.  Without  compliance with  these                                                                    
     procedures,  the   handling  of  the  remains   may  be                                                                    
     delayed, and  the service member's wishes  not honored.                                                                    
     Around  twenty  states  have laws  which  comport  with                                                                    
     Department of  Defense rules  on disposition.  At least                                                                    
     four other states, including  Alaska, are pursuing laws                                                                    
     to comport. SB  33 is  supported by  the Office  of the                                                                    
     Deputy Under Secretary of Defense.                                                                                         
                                                                                                                                
9:50:53 AM                                                                                                                    
SENATOR PASKVAN moved to adopt  the proposed committee substitute                                                               
(CS) for  SB 33,  labeled 27-LS0188/I,  as the  working document.                                                               
There being no objection, version I was before the committee.                                                                   
                                                                                                                                
SENATOR MEYER asked if this issue was a problem in the past.                                                                    
                                                                                                                                
MR.  CAULFIELD   answered  that  the   disposition  automatically                                                               
defaults  to the  spouse. If  the soldier  who dies  is estranged                                                               
from  the  spouse,  but still  married,  it  would  automatically                                                               
default  to the  spouse instead  of the  person indicated  on the                                                               
form. So it can be an issue of debate.                                                                                          
                                                                                                                                
MARK  SAN   SOUCI,  Northwest   Regional  Liaison   for  Military                                                               
Families,  United  States  Department  of  Defense,  stated  that                                                               
easing the administrative  burdens on families is  the least they                                                               
can do. The  person who directs disposition of  remains is called                                                               
the  PAD,  and that  all  service  members  are directed  by  the                                                               
military  to  complete the  DD93  form  annually and  before  any                                                               
deployment. The form  gives them a choice of  surviving spouse, a                                                               
blood  relative  of  legal  age,  or  adopted  relatives  of  the                                                               
decedent. The DD93  is an essential part of  the military record,                                                               
and  SB  33  will  insure  that the  DD93  is  recognized  as  an                                                               
authoritative  document.  The intent  of  SB  33 is  that  Alaska                                                               
statute recognizes the federal law in this regard.                                                                              
                                                                                                                                
MR. SAN  SOUCI said that  11 states have already  enacted similar                                                               
laws, and nine  states have bills being  actively considered. The                                                               
remaining  states still  require  use of  a state-specific  form,                                                               
instead of  a DD93.  Some have  asked whether  the last  will and                                                               
testament  is  affected,  and  the response  is  that  while  the                                                               
requirement of  a PAD is directed  by Congress, a will  is not. A                                                               
will can be over 10 years old and way out of date.                                                                              
                                                                                                                                
MR.  SAN   SOUCI  said  that  the   National  Funeral  Directors'                                                               
Association  supports this  legislation. He  thanked the  sponsor                                                               
and co-sponsors.                                                                                                                
                                                                                                                                
CHAIR WIELECHOWSKI noted a similar bill in the House.                                                                           
                                                                                                                                
9:58:57 AM                                                                                                                    
VERDIE  BOWEN,  Administrator,   Division  of  Veterans  Affairs,                                                               
Alaska  Department of  Military and  Veterans Affairs,  stated he                                                               
was here to answer questions.                                                                                                   
                                                                                                                                
SENATOR PASKVAN asked Mr. Bowen if he supported the bill.                                                                       
                                                                                                                                
MR. BOWEN responded  that last year there  were unclaimed remains                                                               
of service  members. Even if only  a few cases occur,  the law is                                                               
still needed to protect service members.                                                                                        
                                                                                                                                
CHAIR  WIELECHOWSKI  asked  if the  administration  supports  the                                                               
bill.                                                                                                                           
                                                                                                                                
10:01:14 AM                                                                                                                   
MR. BOWEN responded that the administration has no position.                                                                    
                                                                                                                                
10:01:23 AM                                                                                                                   
RICK   DAVIDGE,  Chairman,   Alaska   Veterans  Foundation,   and                                                               
President,  Alaska  Chapter  904, Vietnam  Veterans  of  America,                                                               
stated  that problems  usually arise  when someone  is killed  in                                                               
training and  the form  has not been  updated. He  questioned why                                                               
the Coast  Guard was included  in the  bill because they  are not                                                               
under  the Department  of Defense  (DOD), but  instead under  the                                                               
Department of Homeland Security.                                                                                                
                                                                                                                                
10:04:33 AM                                                                                                                   
CHAIR WIELECHOWSKI closed public testimony.                                                                                     
                                                                                                                                
10:05:09 AM                                                                                                                   
SENATOR PASKVAN moved to adopt  the proposed committee substitute                                                               
(CS) for  SB 33,  labeled 27-LS0188\I,  as the  working document.                                                               
There being  no objection, version  I was adopted as  the working                                                               
document.                                                                                                                       
                                                                                                                                
CHAIR WIELECHOWSKI held SB 33 in committee.