Legislation Would Ensure State Recognizes Federal Form Military Service Members Use as Will
SACRAMENTO – The Assembly today approved and will send to Governor Jerry Brown AB 905, legislation authored by Dr. Richard Pan (D-Sacramento) that would require California to recognize Defense Department (DD) Form 93 as an acceptable written instrument of will for all military service members. Assembly Speaker John A. Pérez discussed how the bill will honor their service.
"AB 905 will ensure the federal standards and rights provided under DD Form 93 benefit military service members from California, helping their families and partners carry out their will regarding the disposition of their remains should they make the ultimate sacrifice for their country," Speaker Pérez said. "All Californians wearing the uniform put their lives on the line and it is our responsibility as a society to honor their commitment to defending us."
"As Vice Chair of the California Assembly Committee on Veterans I am proud to have worked with members of the military, which now include openly-LGBT fighting men and women, to ensure DD Form 93 provides all of them rights that they deserve," Dr. Pan said. "We have also had support in this effort from Assembly Speaker John A. Pérez, who has been a leader in seeing the rights of all Americans respected under the law. Putting our fallen military service members to rest is among the most solemn and honorable of our duties as a nation and AB 905 helps us carry out their will in these matters."
All military service members complete DD Form 93 to designate Persons Authorized to Direct Disposition (PADD) of their remains. But because California law does not currently recognize DD Form 93, there is a potential for civil actions between family members over the ultimate disposition of a fallen service member's remains. With the repeal of Don't Ask, Don't Tell, AB 905 would also provide this federal clarity of will for the families of openly gay and lesbian service members who have sacrificed their lives in service to their country.
In a letter regarding AB 905, Dr. Laurie Crehan from the Defense Department State Liason Office says, "Forty-eight percent of service members are less than 25 years old. Since they are required to designate a PADD on the DD Form 93, it is highly unlikely they will research to see whether they also need to follow a different state requirement for designating an agent in the event of their untimely death. The proposed amendment to state statute on disposition removes confusion for the family."
The DD Form 93 is required to be witnessed by an authorized military official, and it is updated every year on the service member's birthday or prior to each deployment.
AB 905 now goes to the Governor's desk.
# # #
Dr. Richard Pan is a father, pediatrician, educator, small business owner and first-term Assemblymember who lives in Natomas Park. He represents Natomas and portions of the City of Sacramento, along with Arden Arcade, Carmichael, the City of Citrus Heights, Fair Oaks, the City of Folsom, Granite Bay, North Highlands, McClellan Park, Orangevale.
CONTACT: Brian O'Hara (916) 319-2005
