HB 236: "An Act relating to providing a death certificate for a deceased veteran without cost; relating to a program to honor the memory of a deceased veteran; and providing for an effective date."

00                             HOUSE BILL NO. 236                                                                          
01 "An Act relating to providing a death certificate for a deceased veteran without cost;                                  
02 relating to a program to honor the memory of a deceased veteran; and providing for an                                   
03 effective date."                                                                                                        
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1.  AS 18.50.320 is amended to read:                                                                     
06            Sec. 18.50.320. Copies of data from vital records. Except as otherwise                                     
07       provided and in accordance with the regulations adopted under AS 18.50.310,                                       
08                 (1)  the bureau and the custodian of permanent local records shall, upon                                
09       request, issue a certified copy of a certificate or record in their custody, or a part of it;                     
10       each copy issued must show the date of registration or recording, and copies issued                               
11       from records marked "delayed," "amended," or "court order" shall be similarly marked                              
12       and must show the effective date;                                                                                 
13                 (2)  a certified copy of a certificate or a part of it issued in accordance                             
14       with (1) of this section is considered the original for all purposes and is prima facie                           
01       evidence of the facts stated; however, [PROVIDED THAT] the evidentiary value of a                             
02       certificate or record filed more than one year after the event, or a record that has been                         
03       amended, or a presumptive death certificate, shall be determined by the judicial or                               
04       administrative body or official before whom the certificate is offered as evidence;                               
05                 (3)  the National Office of Vital Statistics may be furnished the copies                                
06       or data it requires for national statistics if the bureau is reimbursed for the cost of                           
07       furnishing the data; the National Office of Vital Statistics may not use the data for                             
08       purposes other than statistical purposes unless authorized by the state registrar;                                
09                 (4)  federal, state, local, and other public or private agencies, upon                                  
10       request, may be furnished copies or data for statistical purposes on the terms or                                 
11       conditions prescribed by the bureau;                                                                              
12                 (5)  a person or agency may not prepare or issue a certificate or part of                               
13       a certificate that purports to be an original, certified copy, or copy of a certificate of                        
14       birth, death, fetal death, or marriage, except as authorized in this chapter or the                               
15       regulations adopted under it;                                                                                     
16                 (6)  upon request, the bureau shall furnish a copy of a certificate or                                  
17       record registered by the bureau to the child support services agency created in                                   
18       AS 25.27.010, or the child support enforcement agency of another state, for child                                 
19       support purposes authorized under law; such a certificate or record that is prepared or                           
20       maintained in an electronic data base may be supplied by providing the requesting                                 
21       agency with a copy of the electronic certificate or record and a statement certifying its                         
22       contents;                                                                                                     
23                 (7)  upon request and without cost to the individual making the                                     
24       request, the bureau shall issue one certified copy of the death certificate of a                              
25       veteran to an eligible recipient for the purpose of satisfying an eligibility                                 
26       requirement for a benefit related to the death of the veteran; in this paragraph,                             
27       "eligible recipient" and "veteran" have the meanings given in AS 26.10.085.                                   
28    * Sec. 2. AS 26.10 is amended by adding a new section to read:                                                     
29            Sec. 26.10.085. Governor's memorial certificate program. (a) Upon request                                  
30       of the governor, the adjutant general of the Department of Military and Veterans'                                 
31       Affairs may conduct a program for honoring the memory of a deceased veteran by                                    
01       preparing and sending to an eligible recipient a certificate bearing the signature of the                         
02       governor and expressing the state's grateful recognition of the veteran's service. The                            
03       award of a certificate to one eligible recipient does not preclude authorization of                               
04       another certificate if a request is received from another eligible recipient.                                     
05            (b)  The Department of Military and Veterans' Affairs shall determine the form                               
06       and content of the certificate and may adopt regulations necessary to administer the                              
07       program.                                                                                                          
08            (c)  In this section,                                                                                        
09                 (1)  "eligible recipient" means the veteran's surviving spouse, or next of                              
10       kin, or relative of the deceased veteran, the deceased veteran's heir or devisee, and the                         
11       administrator, executor, personal representative, foreign personal representative,                                
12       beneficiary, conservator, fiduciary, special administrator, successor personal                                    
13       administrator, or trustee of the deceased veteran's estate;                                                       
14                 (2)  "veteran" means an individual who was                                                              
15                      (A)  on active duty at the time of the veteran's death or had                                      
16            received an honorable or general discharge from a branch of the armed                                        
17            services of the United States, the Alaska Scouts, the Alaska Territorial Guard,                              
18            the Alaska Army National Guard, the Alaska Air National Guard, the Alaska                                    
19            Naval Militia, the United States Coast Guard, or a reserve unit of the United                                
20            States armed forces or United States Coast Guard in Alaska; and                                              
21                      (B)  a resident of Alaska at the time of the individual's death.                                   
22    * Sec. 3. This Act takes effect immediately under AS 01.10.070(c).