00                             HOUSE BILL NO. 208                                                                          
01 "An Act authorizing the Department of Military and Veterans' Affairs to establish and                                   
02 maintain an Alaskan veterans' cemetery; 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 [FOR THE SUPPORT OF PROGRAMS BENEFITING                                                    
03       ALASKA VETERANS].                                                                                                 
04    * Sec. 2.  AS 37.05 is amended by adding a new section to article 6 to read:                                       
05            Sec. 37.05.590.  Alaska veterans' cemetery fund.  (a)  There is created as a                               
06       special account in the general fund the Alaska veterans' cemetery fund into which                                 
07       shall be deposited appropriations to the Alaska veterans' cemetery fund.                                          
08            (b)  Beginning with the appropriations for the fiscal year beginning July 1,                                 
09       2005, on an annual basis and under AS 37.07 (Executive Budget Act), the legislature                               
10       may appropriate amounts from the Alaska veterans' cemetery fund to the Department                                 
11       of Military and Veterans' Affairs for the construction, operation, and maintenance of                             
12       the Alaska veterans' cemetery established under AS 44.35.035.                                                     
13            (c)  Appropriations to the Alaska veterans' cemetery fund are not one-year                                   
14       appropriations and do not lapse under AS 37.25.010.                                                               
15            (d)  The unexpended and unobligated balance of an appropriation from the                                     
16       Alaska veterans' cemetery fund lapses into the Alaska veterans' cemetery fund at the                              
17       end of the fiscal year for which it was appropriated.                                                             
18            (e)  Nothing in this section exempts money deposited into the Alaska veterans'                               
19       cemetery fund from the requirements of AS 37.07 (Executive Budget Act) or dedicates                               
20       that money for a specific purpose.                                                                                
21    * Sec. 3.  AS 44.35 is amended by adding a new section to read:                                                    
22            Sec. 44.35.035.  Alaska veterans' cemetery.  (a)  The department shall                                     
23       establish and maintain an Alaska veterans' cemetery in Fairbanks to serve state                                   
24       veterans and spouses and eligible dependents of state veterans.                                                   
25            (b)  The department may accept gifts, donations, and grants, including land,                                 
26       under AS 26.10.030 for the purpose of establishing and maintaining the Alaska                                     
27       veterans' cemetery.  Land received by the department for the Alaska veterans'                                     
28       cemetery shall be owned by the state.                                                                             
29            (c)  The department shall                                                                                    
30                 (1)  adopt regulations for determining individuals eligible for burial in                               
31       the Alaska veterans' cemetery;                                                                                    
01                 (2)  receive the plot or interment allowance on behalf of the state under                               
02       38 U.S.C. 2303;                                                                                                   
03                 (3)  comply with all requirements for a state veterans' cemetery grant                                  
04       established by the United States Department of Veterans Affairs under 38 U.S.C.                                   
05       2408; and                                                                                                         
06                 (4)  apply to the United States Department of Veterans Affairs for state                                
07       veterans' cemetery grants under 38 U.S.C. 2408.                                                                   
08            (d)  The department may                                                                                      
09                 (1)  adopt regulations necessary to administer the Alaska veterans'                                     
10       cemetery;                                                                                                         
11                 (2)  enter into agreements for the maintenance and operation of the                                     
12       Alaska veterans' cemetery with political subdivisions of the Alaska and other persons;                            
13       and                                                                                                               
14                 (3)  solicit gifts, donations, and grants in addition to the state veterans'                            
15       cemetery grants in (c) of this section that may be designated for the establishment and                           
16       maintenance of the Alaska veterans' cemetery and received by the department under                                 
17       AS 26.10.030.                                                                                                     
18            (e)  In this section, "department" means the Department of Military and                                      
19       Veterans' Affairs.