SB 33-DISPOSITION OF SERVICE MEMBERS' REMAINS  9:02:39 AM CHAIR LYNN announced that the next order of business was CS FOR SENATE BILL NO. 33(STA), "An Act relating to the disposition of remains of a member of the armed forces if the member dies while in a duty status." 9:02:57 AM MICHAEL CAULFIELD, Intern, Senator Bill Wielechowski, Alaska State Legislature, presented SB 33 on behalf of Senator Wielechowski, joint prime sponsor. He stated that it is important to treat those on active duty in the military with respect, especially in honoring their final wishes in the event of their tragic death while on active duty. Mr. Caulfield said the U.S. Department of Defense (DoD) requires active duty service members, reservists, and National Guard members to complete a Record of Emergency Data, called a DD Form 93, annually or prior to deployment, in which the service member stipulates who should manage their remains in the event of their death. The U.S. Coast Guard, which falls outside the U.S. Department of Defense, but follows the same federal statutes, has its own form, the Designation of Beneficiaries and Record of Emergency Data or CG-2020D. MR. CAULFIELD said many states, including Alaska, do not comply with these forms because no laws exist that recognize a legal designee as the person in charge of remains. Instead, he said, they default to a predetermined list, generally starting with a spouse. Clearly a name on a form differing from one on the default list can lead to disputes when both parties wish to have authority over the remains. He said this situation can draw out an already painful process of mourning and burial. MR. CAULFIELD said SB 33 would solve this problem by amending Alaska's statutes so that the person on the form is recognized as the primary manager of the remains. He said this will not only stop disputes over who should have the authority, but also should protect against the worst-case scenario when no one can be found to deal with the remains. He noted that 20 states already have laws that comply with the federal form, and adopting SB 33 would mean that Alaska's soldiers' remains are handled by the people they choose. Mr. Caulfield relayed that SB 33 is supported by the Alaska Veterans Association, the Office of the Deputy Undersecretary of Defense, the Alaska Chapter of Vietnam Veterans of America, and the National Funeral Directors Association. He urged the committee to support SB 33. 9:05:28 AM MR. CAULFIELD, in response to Representative Gruenberg, said he is not aware of any stated opposition to SB 33. 9:05:49 AM MR. CAULFIELD, in response to Representative P. Wilson, said if a husband who is estranged from his wife goes overseas to serve in active duty, finds someone else to designate to be responsible for his remains, and is killed while on active duty, then the person he designated would be in charge, not the estranged wife. REPRESENTATIVE P. WILSON said sometimes a military person might go overseas to serve on active duty and, while there, designate someone else without telling his/her spouse back home. She said this does happen and can be devastating to the spouse back home. She asked what would happen under that scenario. MR. CAULFIELD said he would have to defer that question to Mark San Souci of the U.S. Department of Defense, but indicated that the bottom line is to honor the wishes of the soldier. 9:08:58 AM CHAIR LYNN said it seems to him that a person serving on active duty in the military has the most right of anyone to choose who will be responsible for his/her remains in the event of his/her death. 9:10:15 AM MARK SAN SOUCI, Regional Liaison Northwest, Defense State Liaison Office, Office of the Deputy Assistant Secretary of Defense, Deputy Under Secretary of Defense (Military Community and Family Policy), U.S. Department of Defense (DoD), stated that the DD Form 93 allows the service member to choose between a surviving spouse, a blood relative, or an adopted relative; therefore, the case that Representative P. Wilson described could not happen. The person could choose a brother rather than a spouse. In response to the question asked by Representative Petersen, he offered his understanding that the military does not have an obligation to notify the former designee when the active duty military person chooses another designee. 9:12:51 AM RIC DAVIDGE, Vietnam Veterans of America; Alaska Veterans Foundation, said he has been actively involved with Senator Wielechowski on SB 33, particularly as chair of the Alaska Veterans Foundation. He related that last year there was a two- tour marine who died in his home, and next of kin could not be found, so the Alaska Veterans Foundation held of service for him with an honor guard. He expressed delight that the state is making an effort to come into compliance with federal forms. He said every member of the military must update this form annually and when going overseas to serve in active duty; therefore, he said he hopes the forms best reflect the intention of the member. 9:14:26 AM REPRESENTATIVE GRUENBERG said the issue of remains is highly personal, and choices are made such as whether to be buried or cremated, and whether to donate organs. He asked if federal law trumps state law when a soldier writes a will designating someone other than those persons allowed by the federal government to be in charge of his/her remains. MR. SAN SOUCI replied that the aforementioned forms are congressionally mandated, whereas a will, which may even be outdated, is not. He said he has been counseled that if a current will is in conflict with a DD Form 93, the matter would likely end up in litigation. 9:18:01 AM REPRESENTATIVE GRUENBERG said he supports the proposed bill and will vote "do pass," but is concerned that the decedent's wishes are followed as closely as possible. 9:19:00 AM REPRESENTATIVE JOHANSEN noted that in the committee packet is a two-page handout with the heading, "Comport State Laws with DoD Rules on Disposition," which addresses this issue and shows that ten states recognize in statute the DD Form 93 as the official form. He observed that absent that statutory reference, "it goes back to the state's ... order of disposition of apparently nonmilitary folks." He said he does not know if Alaska has designated the DD Form 93 as the official document or not. He suggested that the bill sponsor may consider having Alaska designate the DD Form 93 as the official form. 9:20:44 AM MR. SAN SOUCI said that handout comes from the USA4MilitaryFamilies. He said last year ten states recognized in law the DD Form 93 as the official form. He further related that in 2009, this issue was taken on as one of the entity's top ten priorities and, at that time, lawyers said they thought nine states had sufficient latitude in existing statute to recognize the DD Form 93. He further relayed that eleven states are considering legislation this year to adopt the DD form 93 as the official form, and he said he thinks SB 33 has been crafted expressly for that purpose - to honor the desires of the person who has died while on active duty. 9:22:15 AM CHAIR LYNN, after ascertaining that there was no one else who wished to testify, closed public testimony. 9:22:41 AM REPRESENTATIVE KELLER moved to report CSSB 33(STA) out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, CSSB 33(STA) was reported out of the House State Affairs Standing Committee.