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Senate adopts bill recognizing service-member directives for disposition of remains

Utah Senate · March 2, 2010
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Summary

The Senate passed House Bill 208 to give legal effect to a service member’s designation on the federal DD Form 93 (PADD) so that an active-duty service member’s predesignation of who may direct disposition is recognized in state law; supporters included veterans’ representatives and funeral directors, and a proposed amendment to lower the form’s priority in the pecking order failed.

House Bill 208 was debated at length after Senator Bramble explained the bill aligns state pecking-order rules for disposition of remains with the federal Record of Emergency Data (DD Form 93) used by service members.

“This form has specifically in it the criteria, it says enter the name and relationship of the person authorized to direct disposition … only the following persons may be named as a PADD, surviving spouse, blood relative of legal age, or adoptive relatives,” Senator Bramble said, describing how the military form functions and why the bill recognizes a service member’s written designation.

Proponents included veterans’ representatives and the Utah Funeral Directors Association, which the sponsor said endorsed the bill as a practical tool to clarify who has authority to direct disposition. Opponents, including Senator Greiner, argued the bill elevated a single-form signature into a first-priority position and offered an amendment to move the military form down in the statutory pecking order; that amendment failed on the floor.

Senators discussed the practical effect: backers said the DD Form 93 is used by active-duty service members to name a PADD and is limited to surviving spouse or blood relatives where available; critics said the state should not alter traditional priorities without ensuring relatives’ rights are preserved. The sponsor and supporters said the change respects service-member directives while preserving statutory fallback to next-in-line relatives if those persons cannot be found.

After debate and a roll-call vote, the Senate passed House Bill 208 by recorded vote (26 yeas, 0 nays). The bill will be returned to the House for any further action necessary for enactment.