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SB 182: "An Act authorizing the Department of Military and Veterans' Affairs to establish and maintain Alaskan veterans' cemeteries; and establishing the Alaska veterans' cemetery fund in the general fund."

00                             SENATE BILL NO. 182                                                                         
01 "An Act authorizing the Department of Military and Veterans' Affairs to establish and                                   
02 maintain Alaskan veterans' cemeteries; and establishing the Alaska veterans' cemetery                                   
03 fund in the general fund."                                                                                              
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1.  AS 28.10.421(d)(16) is amended to read:                                                              
06                 (16)  special request plates commemorating Alaska veterans ...... $100                                  
07       plus a fee of $35 and the fee required for that vehicle under (b)(1) or (2) of this                               
08       section; the $100 fee required by this paragraph shall be collected only on the first                             
09       issuance of and the replacement of the commemorative veterans' plates; the $35 fee                                
10       required by this paragraph shall be collected biennially in the same manner as the fee                            
11       required under (b)(1) or (2) of this section; the commissioner of administration shall                            
12       separately account for the fees received under this paragraph that the department                                 
13       deposits in the general fund; notwithstanding (g) of this section, the annual estimated                           
14       balance in the account that is in excess of the cost of issuing special request plates may                        
01       be appropriated by the legislature to the Alaska veterans' cemetery fund created                              
02       under AS 37.05.590 and for the support of programs benefiting Alaska veterans.                                
03    * Sec. 2.  AS 37.05 is amended by adding a new section to article 6 to read:                                       
04            Sec. 37.05.590.  Alaska veterans' cemetery fund.  (a)  There is created as a                               
05       special account in the general fund the Alaska veterans' cemetery fund into which                                 
06       shall be deposited appropriations to the Alaska veterans' cemetery fund.                                          
07            (b)  Beginning with the appropriations for the fiscal year beginning July 1,                                 
08       2005, on an annual basis and under AS 37.07 (Executive Budget Act), the legislature                               
09       may appropriate amounts from the Alaska veterans' cemetery fund to the Department                                 
10       of Military and Veterans' Affairs for the construction, operation, and maintenance of                             
11       the Alaska veterans' cemeteries established under AS 44.35.035.                                                   
12            (c)  Appropriations to the Alaska veterans' cemetery fund are not one-year                                   
13       appropriations and do not lapse under AS 37.25.010.                                                               
14            (d)  The unexpended and unobligated balance of an appropriation from the                                     
15       Alaska veterans' cemetery fund lapses into the Alaska veterans' cemetery fund at the                              
16       end of the fiscal year for which it was appropriated.                                                             
17            (e)  Nothing in this section exempts money deposited into the Alaska veterans'                               
18       cemetery fund from the requirements of AS 37.07 (Executive Budget Act) or dedicates                               
19       that money for a specific purpose.                                                                                
20    * Sec. 3.  AS 44.35 is amended by adding a new section to read:                                                    
21            Sec. 44.35.035.  Alaska veterans' cemeteries.  (a)  The department shall                                   
22       establish and maintain Alaska veterans' cemeteries in Fairbanks and elsewhere in the                              
23       state to serve state veterans and spouses and eligible dependents of state veterans.                              
24            (b)  The department may accept gifts, donations, and grants, including land,                                 
25       under AS 26.10.030 for the purpose of establishing and maintaining Alaska veterans'                               
26       cemeteries.  Land received by the department for an Alaska veterans' cemetery shall                               
27       be owned by the state.                                                                                            
28            (c)  The department shall                                                                                    
29                 (1)  adopt regulations for determining individuals eligible for burial in                               
30       an Alaska veterans' cemetery;                                                                                     
31                 (2)  receive the plot or interment allowance on behalf of the state under                               
01       38 U.S.C. 2303;                                                                                                   
02                 (3)  comply with all requirements for a state veterans' cemetery grant                                  
03       established by the United States Department of Veterans Affairs under 38 U.S.C.                                   
04       2408; and                                                                                                         
05                 (4)  apply to the United States Department of Veterans Affairs for state                                
06       veterans' cemetery grants under 38 U.S.C. 2408.                                                                   
07            (d)  The department may                                                                                      
08                 (1)  adopt regulations necessary to administer Alaska veterans'                                         
09       cemeteries;                                                                                                       
10                 (2)  enter into agreements for the maintenance and operation of Alaska                                  
11       veterans' cemeteries with political subdivisions of the state and other persons; and                              
12                 (3)  solicit gifts, donations, and grants in addition to a state veterans'                              
13       cemetery grant in (c) of this section that may be designated for the establishment and                            
14       maintenance of an Alaska veterans' cemetery and received by the department under                                  
15       AS 26.10.030.                                                                                                     
16            (e)  In this section, "department" means the Department of Military and                                      
17       Veterans' Affairs.