00 CS FOR SENATE BILL NO. 340(FIN)(efd fld) 01 "An Act relating to public notice of information relating to permanent fund dividends, 02 and to treatment of permanent fund dividends for purposes of determining eligibility for 03 certain benefits." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05  * Section 1. AS 43.23.028 is amended by adding a new subsection to read: 06 (c) The notice requirements of (a)(3) of this section do not apply to an 07 appropriation from the dividend fund for medical assistance under AS 47.07 to the 08 extent that the amount appropriated for medical assistance under AS 47.07 for a fiscal 09 year does not exceed the amount that would have been paid during the previous fiscal 10 year to individuals under AS 43.23.075 as that statute read on June 29, 2002. 11  * Sec. 2. AS 43.23.075 is amended to read: 12 Sec. 43.23.075. Eligibility for public assistance. (a) Subject to (b) of this  13 section and except for medical assistance under AS 47.07, in [IN] determining the 14 eligibility of an individual under a public assistance program administered by the 01 Department of Health and Social Services in which eligibility for assistance is based 02 on financial need, the Department of Health and Social Services shall [MAY NOT] 03 consider a permanent fund dividend as income or a resource [RESOURCES] received 04 by the recipient of public assistance or by a member of the recipient's household. In  05 determining the eligibility of an individual for assistance under AS 47.07, the  06 Department of Health and Social Services may not consider a permanent fund  07 dividend as income or a resource unless required to do so by federal law or  08 regulation [UNLESS REQUIRED TO DO SO BY FEDERAL LAW OR 09 REGULATION]. The Department of Health and Social Services shall notify all 10 recipients of public assistance of the effects of receiving a permanent fund dividend. 11 (b) An individual who is denied [MEDICAL] assistance under AS 47.07  12 (medical assistance), AS 47.25.430 - 47.25.615 (adult public assistance), or 42  13 U.S.C. 1381 - 1383c (Title XVI, Social Security Act, Supplemental Security  14 Income) [42 U.S.C. 1396 - 1396p (SOCIAL SECURITY ACT, TITLE XIX)] solely 15 because of the receipt of a permanent fund dividend by the individual or by a member 16 of the individual's household is eligible for state-funded [MEDICAL] assistance under 17 AS 47.25.120 - 47.25.300 (general relief assistance program). The individual is 18 entitled to receive, for a period not to exceed four months, the same level of 19 [MEDICAL] assistance as the individual would have received under AS 47.07  20 (medical assistance), AS 47.25.430 - 47.25.615 (adult public assistance), or 42  21 U.S.C. 1381 - 1383c (Title XVI, Social Security Act, Supplemental Security  22 Income) [42 U.S.C. 1396 - 1396p (SOCIAL SECURITY ACT, TITLE XIX)] had 23 there been no permanent fund dividend program. 24 (c) Subject to (b) of this section, an [AN] individual who is denied assistance 25 solely because permanent fund dividends received by the individual or by a member of 26 the individual's household are counted as income or resources [UNDER FEDERAL 27 LAW OR REGULATION] is not eligible for cash assistance under AS 47.25.120 - 28 47.25.300 (general relief assistance program). [NOTWITHSTANDING THE LIMIT 29 IN AS 47.25.130, THE INDIVIDUAL IS ENTITLED TO RECEIVE, FOR A 30 PERIOD NOT TO EXCEED FOUR MONTHS, THE SAME AMOUNT AS THE 31 INDIVIDUAL WOULD HAVE RECEIVED UNDER OTHER PUBLIC 01 ASSISTANCE PROGRAMS HAD THERE BEEN NO PERMANENT FUND 02 DIVIDEND PROGRAM.] 03  * Sec. 3. AS 43.23.085 is amended to read: 04 Sec. 43.23.085. Eligibility for state programs. A program administered by 05 the state or any of its instrumentalities or municipalities, the eligibility for which is 06 based on financial need, shall treat [MAY NOT CONSIDER] a permanent fund 07 dividend as income or a resource [RESOURCES UNLESS REQUIRED TO DO SO 08 BY FEDERAL LAW OR REGULATION].