Bill Text: DE HB323 | 2009-2010 | 145th General Assembly | Draft


Bill Title: An Act To Amend Title 12 Of The Delaware Code Relating To The Disposition Of A Person’s Last Remains

Spectrum: Slight Partisan Bill (Democrat 16-7)

Status: (Passed) 2010-06-15 - Signed by Governor [HB323 Detail]

Download: Delaware-2009-HB323-Draft.html


SPONSOR:

Rep. Brady & Rep. Bennett & Rep. Jaques & Sen. Ennis

 

Reps. Barbieri, Carson, Hudson, J. Johnson, Kovach, Kowalko, Lee, Miro, Mulrooney, Outten, Ramone, Scott, B. Short, Walls, Wilson; Sens. Katz, Marshall, McDowell, Venables

HOUSE OF REPRESENTATIVES

145th GENERAL ASSEMBLY

HOUSE BILL NO. 323

AN ACT TO AMEND TITLE 12 OF THE DELAWARE CODE RELATING TO THE DISPOSITION OF A PERSON'S LAST REMAINS


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:


Section 1.Amend §60(2), Title 12 of the Delaware Code by inserting after the word "title" and before the period "." at the end of the first sentence thereof the following:

"or a United States Department of Defense Record of Emergency Data Form (DD Form 93) or any successor form executed by the declarant".

Section 2.Amend §64, Title 12 of the Delaware Code by adding a new subsection "(d)" thereto as follows:

"(d) Notwithstanding any provision of this subchapter to the contrary, a United States Department of Defense Record of Emergency Data Form (DD Form 93) executed by a declarant who thereafter dies while serving in any branch of in the United States Military, as defined 10 U.S.C. 1481, shall constitute a valid form of declaration instrument and shall govern the disposition of such declarant's last remains.".


SYNOPSIS

This Act recognizes a military service member's executed Record of Emergency Data Form (DD Form 93) as a valid declaration instrument governing the disposition of the service member's last remains in the event of death.Pursuant to Federal law (Section 564 of Public Law 109-163), military service members must execute a DD Form 93 designating a person authorized to direct disposition of their remains in the event of death.Service members must update the form annually and prior to any deployment

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