00 HOUSE BILL NO. 198 01 "An Act establishing the Alaska senior assistance payment program; repealing the 02 senior care and longevity bonus payment programs; and providing for an effective 03 date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05  * Section 1. AS 09.38.015(a) is amended to read: 06 (a) An individual is entitled to exemption of the following property: 07 (1) a burial plot for the individual and the individual's family; 08 (2) health aids reasonably necessary to enable the individual or a 09 dependent to work or to sustain health; 10 (3) benefits paid or payable for medical, surgical, or hospital care to 11 the extent they are or will be used to pay for the care; 12 (4) an award under AS 18.67 (Violent Crimes Compensation Board) or 13 a crime victim's reparations act of another jurisdiction; 14 (5) benefits paid or payable as a longevity bonus under former  01 AS 47.45.010 - 47.45.160 [AS 47.45]; 02 (6) compensation or benefits paid or payable and exempt under federal 03 law; 04 (7) liquor licenses granted under AS 04; 05 (8) tuition credit or savings accounts under a higher education savings 06 account established under AS 14.40.802 or an advance college tuition savings contract 07 authorized under AS 14.40.809(a); 08 (9) a permanent fund dividend to the extent allowed under 09 AS 43.23.065; 10 (10) benefits paid or payable as a senior assistance [CARE] benefit 11 under AS 47.45.300 - 47.45.390. 12  * Sec. 2. AS 18.56.850(b) is amended to read: 13 (b) In the development of a home energy conservation or weatherization 14 program under (a) of this section, the corporation may not consider the value of 15 [ALASKA LONGEVITY BONUS PAYMENTS UNDER AS 47.45 OR] permanent 16 fund dividends under AS 43.23 in determining whether a person meets income 17 guidelines established under AS 18.56.088 and (a) of this section for a state or, to the 18 extent permitted by federal law, a federal energy conservation or weatherization 19 program. 20  * Sec. 3. AS 37.05.146(c)(80) is amended to read: 21 (80) the Alaska senior assistance [SENIOR CARE] fund 22 (AS 47.45.360); 23  * Sec. 4. AS 44.99.205(c)(3) is amended to read: 24 (3) "program" includes the permanent fund dividend program under 25 AS 43.23 [AND THE LONGEVITY BONUS PROGRAM UNDER AS 47.45]; 26  * Sec. 5. AS 47.45.240(c) is amended to read: 27 (c) The commission may not investigate, review, or undertake any 28 responsibility for [THE LONGEVITY BONUS PROGRAM UNDER AS 47.45.010 - 29 47.45.160 OR] the Alaska Pioneers' Home or Alaska Veterans' Home under AS 47.55. 30  * Sec. 6. AS 47.45.300 is repealed and reenacted to read: 31 Sec. 47.45.300. Alaska senior assistance payment program. (a) The Alaska 01 senior assistance payment program is established in the Department of Health and 02 Social Services to provide cash assistance benefits as far as practicable under 03 appropriations provided by law. 04 (b) The department shall administer the program and adopt regulations under 05 AS 44.62 to carry out the purposes of the program. 06 (c) If the department estimates that appropriations for the program are 07 insufficient to meet the demands of the program in a fiscal year, the department may 08 reduce or eliminate the cash assistance benefit available to recipients. 09  * Sec. 7. AS 47.45.310 is repealed and reenacted to read: 10 Sec. 47.45.310. Cash assistance benefit. (a) An individual is eligible for a 11 cash assistance benefit under the program if the individual 12 (1) is 65 years of age or older; 13 (2) is a resident of the state; 14 (3) has a household income that does not exceed 135 percent of the 15 annual federal poverty guidelines for Alaska, as determined by the United States 16 Department of Health and Human Services and revised under 42 U.S.C. 9902(2); and 17 (4) applies on a form provided by the department; the department may 18 use an abbreviated form for an individual who received a payment under an assistance 19 program for seniors that paid $120 a month and was administered by the department 20 on or before the effective date of this section. 21 (b) An eligible individual shall receive a monthly cash assistance payment as 22 follows: 23 (1) $250 if the individual's household income does not exceed 75 24 percent of the federal poverty guidelines for Alaska; 25 (2) $175 if the individual's household income does not exceed 100 26 percent but is above 75 percent of the federal poverty guidelines for Alaska; 27 (3) $125 if the individual's household income does not exceed 135 28 percent but is above 100 percent of the federal poverty guidelines for Alaska. 29  * Sec. 8. AS 47.45.330 is amended to read: 30 Sec. 47.45.330. Continuation of benefits. An eligible individual who leaves 31 the state may not receive a cash assistance benefit under AS 47.45.310 [OR 01 PRESCRIPTION DRUG BENEFIT UNDER AS 47.45.320] during the absence unless 02 the individual's absence is temporary and is for one of the following reasons: 03 (1) to receive medical treatment for the individual; 04 (2) to accompany the individual's family member who is receiving 05 medical treatment outside the state; or 06 (3) for a vacation, business trip, or other absence of less than 30 07 consecutive days, unless the individual has applied for and received a time extension 08 from the department for special circumstances. 09  * Sec. 9. AS 47.45.340 is amended to read: 10 Sec. 47.45.340. Appeal rights. An individual who receives a determination 11 from the department that denies, limits, or modifies a cash assistance benefit [OR 12 PRESCRIPTION DRUG BENEFIT] under AS 47.45.300 - 47.45.390, other than a 13 determination under AS 47.45.300(c) to reduce or eliminate benefits, may request a 14 hearing before the department under regulations adopted by the department. 15  * Sec. 10. AS 47.45.350 is amended to read: 16 Sec. 47.45.350. Ability to recover or recoup improper assistance benefits.  17 An individual is liable to the department for the value of assistance or benefits 18 improperly paid to the person under AS 47.45.310 or former AS 47.45.320 19 [47.45.320] if the improper payment was based on inaccurate or incomplete 20 information provided by the individual. In a civil action brought by the state to recover 21 from the individual the value of assistance or benefits improperly paid under 22 AS 47.45.310 or former AS 47.45.320 [47.45.320], the state may recover from the 23 individual the costs of investigation and prosecution of the civil action, including 24 attorney fees as determined under court rules. 25  * Sec. 11. AS 47.45.360 is repealed and reenacted to read: 26 Sec. 47.45.360. Alaska senior assistance fund. The Alaska senior assistance 27 fund is established as an account in the general fund. The fund shall be used by the 28 commissioner of health and social services to pay for costs incurred in the provision of 29 senior services under AS 47.45.300 - 47.45.390. The fund consists of 30 (1) money in the former senior care fund established in sec. 2, ch. 89, 31 SLA 2005; 01 (2) appropriations to the Alaska senior assistance fund; and 02 (3) any appropriation of interest earned on money in the Alaska senior 03 assistance fund. 04  * Sec. 12. AS 47.45.390(2) is amended to read: 05 (2) "eligible individual" means an individual who meets the 06 requirements of AS 47.45.310 [OR 47.45.320] and regulations adopted under that  07 statute [THOSE STATUTES] for eligibility for the program; 08  * Sec. 13. Section 4, ch. 89, SLA 2005, is amended to read: 09 Sec. 4. AS 09.38.015(a)(10); AS 37.05.146(c)(80) [AS 37.05.146(c)(78)]; 10 AS 47.45.300, 47.45.310, [47.45.320,] 47.45.330, 47.45.340, 47.45.350, 47.45.360, 11 and 47.45.390; [AND SECS. 5 - 7 OF THIS ACT] are repealed [ON THE LATER 12 OF] June 30, 2011 [2007, OR THE EFFECTIVE DATE UNDER SEC. 11 OF THIS 13 ACT]. 14  * Sec. 14. The uncodified law of the State of Alaska enacted in sec. 9, ch. 89, SLA 2005, is 15 amended to read: 16 Sec. 9. FUND REVERSION. The unobligated, unencumbered, and 17 unappropriated balance of the Alaska senior care fund established in AS 47.45.360, 18 added by sec. 2, ch. 89, SLA 2005 [OF THIS ACT], reverts to the unrestricted 19 [UNRESERVED] general fund on June 30, 2011 [2007]. 20  * Sec. 15. AS 44.64.030(a)(34), AS 47.08.060(c)(8); AS 47.45.010, 47.45.020, 47.45.030, 21 47.45.040, 47.45.050, 47.45.060, 47.45.070, 47.45.080, 47.45.100, 47.45.110, 47.45.120, 22 47.45.122, 47.45.130, 47.45.140, 47.45.150, 47.45.160, and 47.45.320 are repealed. 23  * Sec. 16. The uncodified law of the State of Alaska is amended by adding a new section to 24 read: 25 TRANSITION: TRANSFER OF ASSETS FROM THE ALASKA SENIOR CARE 26 FUND. Subject to appropriation, the assets of the senior care fund established by sec. 2, ch. 27 89, SLA 2005, are transferred to the Alaska senior assistance fund established by sec. 11 of 28 this Act. 29  * Sec. 17. The uncodified law of the State of Alaska is amended by adding a new section to 30 read: 31 TRANSITION: REGULATIONS. (a) To the extent the regulations are not 01 inconsistent with this Act, regulations adopted by the Department of Health and Social 02 Services to provide cash assistance of $120 a month to seniors that were in effect on the 03 effective date of sec. 6 of this Act, remain applicable and in effect as valid regulations until 04 the Department of Health and Social Services adopts regulations under this Act and those 05 regulations take effect under AS 44.62. 06 (b) The Department of Health and Social Services may proceed to adopt regulations 07 to implement the changes made by this Act. The regulations take effect under AS 44.62 08 (Administrative Procedure Act), but not before the effective date of the statutory changes. 09  * Sec. 18. The uncodified law of the State of Alaska is amended by adding a new section to 10 read: 11 RETROACTIVITY AND REVIVAL. If secs. 1 - 15 of this Act take effect after 12 June 30, 2007, 13 (1) AS 47.45.300 - 47.45.390, as amended by this Act, the repeal of 14 AS 47.45.320, and secs. 13 and 14 of this Act, are retroactive to June 30, 2007; and 15 (2) AS 47.45.300, 47.45.310, 47.45.330, 47.45.340, 47.45.350, 47.45.360, and 16 47.45.390, as amended by this Act, are revived. 17  * Sec. 19. Sections 16, 17(b), and 18 of this Act take effect immediately under 18 AS 01.10.070(c). 19  * Sec. 20. Except as provided in sec. 19 of this Act, this Act takes effect June 30, 2007.