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CSSB 98(HES) Detail
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CSSB 98(HES): "An Act making changes related to the aid to families with dependent children program, the Medicaid program, the general relief assistance program, and the adult public assistance program; relating to the duties of the Department of Health and Social Services; establishing a 30-day residency requirement for the program of aid to families with dependent children (AFDC); reducing AFDC payment levels; requiring minor parents to live in adult-supervised living arrangements in order to be eligible for AFDC benefits; limiting AFDC benefits to 24 months under certain circumstances; limiting AFDC benefits to 60 months under other circumstances; establishing penalties for noncompliance with certain AFDC program requirements; requiring the signing of a personal responsibility statement as an eligibility requirement for the AFDC program; prohibiting increases in AFDC benefits for a child who is born while the parent is receiving AFDC benefits or if the parent was receiving AFDC benefits at any time during the 10 months preceding the child's birth, with exceptions; establishing a workfare pilot project for AFDC recipients; providing that payment of AFDC benefits to residents of the state who have resided here less than six months will be at the level they would have qualified for in their previous state of residency, with some exceptions; prohibiting the payment of interim adult public assistance while an initial determination of ineligibility is being appealed; and providing for an effective date."

00CS FOR SENATE BILL NO. 98(HES) 01 "An Act making changes related to the aid to families with dependent children 02 program, the Medicaid program, the general relief assistance program, and the 03 adult public assistance program; relating to the duties of the Department of 04 Health and Social Services; establishing a 30-day residency requirement for the 05 program of aid to families with dependent children (AFDC); reducing AFDC 06 payment levels; requiring minor parents to live in adult-supervised living 07 arrangements in order to be eligible for AFDC benefits; limiting AFDC benefits 08 to 24 months under certain circumstances; limiting AFDC benefits to 60 months 09 under other circumstances; establishing penalties for noncompliance with certain 10 AFDC program requirements; requiring the signing of a personal responsibility 11 statement as an eligibility requirement for the AFDC program; prohibiting 12 increases in AFDC benefits for a child who is born while the parent is receiving 13 AFDC benefits or if the parent was receiving AFDC benefits at any time during 14 the 10 months preceding the child's birth, with exceptions; establishing a workfare

01 pilot project for AFDC recipients; providing that payment of AFDC benefits to 02 residents of the state who have resided here less than six months will be at the 03 level they would have qualified for in their previous state of residency, with some 04 exceptions; prohibiting the payment of interim adult public assistance while an 05 initial determination of ineligibility is being appealed; and providing for an 06 effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. SHORT TITLE. This Act may be known as "The Personal Responsibility Act 09 of 1995." 10 * Sec. 2. AS 47.05 is amended by adding a new section to read: 11 Sec. 47.05.012. INFORMATION ABOUT ILLEGAL ALIENS. (a) The 12 Department of Health and Social Services shall provide to the United States 13 Immigration and Naturalization Service the name, address, and other identifying 14 information that the department has with respect to an individual unlawfully in the 15 United States any of whose children is a citizen of the United States. 16 (b) The department shall implement this section only to the extent that 17 implementation is not prohibited under federal law. 18 * Sec. 3. AS 47.07 is amended by adding a new section to read: 19 Sec. 47.07.022. PERMANENT INELIGIBILITY AFTER WELFARE FRAUD. 20 (a) Notwithstanding AS 47.07.020, a person is permanently ineligible for assistance 21 under this chapter upon conviction of violating AS 11.56.210 or a law in another 22 jurisdiction with elements substantially similar to AS 11.56.210 if the conviction arose 23 out of a written or recorded statement submitted in order to apply for or continue 24 receiving assistance under this chapter or AS 47.25 or similar laws in another 25 jurisdiction. 26 (b) The department shall implement this section only to the extent that 27 implementation is not prohibited under federal law. 28 * Sec. 4. AS 47.25.120 is amended by adding a new subsection to read: 29 (b) The department may not grant assistance under AS 47.25.120 - 47.25.300 30 to a person who has been convicted of violating AS 11.56.210 or a law in another 31 jurisdiction with elements substantially similar to AS 11.56.210 if the conviction arose

01 out of a written or recorded statement submitted in order to apply for or continue 02 receiving assistance under AS 47.07 or this chapter or similar laws in another 03 jurisdiction. 04 * Sec. 5. AS 47.25.310(a) is amended to read: 05 (a) The department shall grant assistance to the family of each dependent child 06 and each pregnant woman it determines under AS 01.10.055 has been a resident of 07 the state for at least 30 days immediately preceding the application for assistance 08 and is otherwise eligible for assistance under AS 47.25.310 - 47.25.420. The 09 department shall apply sanctions authorized under AS 47.25.421(d) for failure to 10 comply with the requirements of the JOBS program established under AS 47.25.421 - 11 47.25.429, or the requirements of an Indian or Native program approved under 42 12 U.S.C. 682(i). 13 * Sec. 6. AS 47.25 is amended by adding new sections to read: 14 Sec. 47.25.311. INELIGIBILITY FOR ASSISTANCE. (a) A person is 15 permanently ineligible for assistance under AS 47.25.310 - 47.25.420 upon conviction 16 of violating AS 11.56.210 or a law in another jurisdiction with elements substantially 17 similar to AS 11.56.210 if the conviction arose out of a written or recorded statement 18 submitted in order to apply for or continue receiving assistance under AS 47.07, this 19 chapter, or similar laws in another jurisdiction. 20 (b) Assistance is not payable with respect to a child born to 21 (1) an individual who is receiving assistance under AS 47.25.310 - 22 47.25.420 at the time of the birth; or 23 (2) an individual who received assistance under AS 47.25.310 - 24 47.25.420 at any time during the 10-month period ending with the birth of the child. 25 (c) The provisions of (b) of this section do not apply to 26 (1) a child who is the only dependent child on whose behalf the 27 individual is otherwise eligible to receive assistance under AS 47.25.310 - 47.25.420; 28 or 29 (2) children who are born during a multiple birth if the children are the 30 only dependent children on whose behalf the individual is otherwise eligible to receive 31 assistance under AS 47.25.310 - 47.25.420.

01 (d) A person is not eligible to receive benefits under AS 47.25.310 - 47.25.420 02 for more than a total of 60 months as the caretaker of a dependent child or as a 03 pregnant woman unless the person is permanently totally physically or mentally 04 disabled. 05 (e) The department shall implement this section only to the extent that 06 implementation is not prohibited under federal law. To the extent that this section may 07 be implemented under federal law, its provisions supersede inconsistent provisions of 08 AS 47.25.310 - 47.25.420. 09 Sec. 47.25.315. ASSISTANCE TO MINORS WITH CHILDREN. (a) Except 10 as provided in (c) of this section, the department shall require, as a condition of 11 eligibility for assistance, that a minor parent must reside in a 12 (1) place of residence maintained by the minor's parent, legal guardian, 13 or other adult relative of the minor as the parent's, guardian's, or other adult relative's 14 own home; or 15 (2) foster home, maternity home, or other adult-supervised supportive 16 living arrangement; however, the minor may satisfy the condition of eligibility 17 imposed by this subsection by residing in a foster home, maternity home, or other 18 adult-supervised supportive living arrangement only if 19 (A) the minor parent does not have a parent, legal guardian, or 20 other adult relative who is living and whose whereabouts are known; 21 (B) there is no living parent, legal guardian, or adult relative of 22 the minor parent who will allow the minor to live in the home of the parent, 23 legal guardian, or adult relative; or 24 (C) the department determines that the physical or emotional 25 health or safety of the minor parent or the minor's child would be jeopardized 26 if the minor and the minor's child lived in the same residence with any of the 27 minor's parents, legal guardian, or other adult relatives. 28 (b) Notwithstanding AS 47.25.360, the department shall, where possible, pay 29 assistance on behalf of a minor parent who is subject to the requirements of (a) of this 30 section to the minor's parent, legal guardian, or other adult relative, or, as applicable, 31 to the head of the adult-supervised supportive living arrangement where the minor

01 parent resides. 02 (c) The provisions of (a) of this section do not apply if 03 (1) the minor parent lived apart from the minor's parent or legal 04 guardian for either one year before the birth of the dependent child or one year before 05 the minor parent submitted the application for assistance; or 06 (2) the department otherwise determines under regulations that there is 07 good cause for waiving the requirements of (a) of this section in the case of a 08 particular minor parent. 09 (d) In this section, "minor parent" means a person who is under the age of 18, 10 who has never married, and is either 11 (1) the natural parent of a dependent child living in the same 12 household; or 13 (2) eligible for assistance as a pregnant woman. 14 (e) The department shall implement this section only to the extent that 15 implementation is not prohibited under federal law. To the extent that this section may 16 be implemented under federal law, its provisions supersede inconsistent provisions of 17 AS 47.25.310 - 47.25.420. 18 * Sec. 7. AS 47.25.320(a) is amended to read: 19 (a) The department shall determine the amount of assistance for a dependent 20 child, and the relative with whom the dependent child is living, with regard to the 21 resources and necessary expenditures of the family and the condition existing in each 22 case. Assistance is sufficient if, when added to all other income and support available 23 to the child, the child and relative have reasonable subsistence compatible with 24 decency and health. However, the amount of assistance may not exceed the following: 25 (1) dependent child living with nonneedy relative: $463 [FOR A 26 DEPENDENT CHILD WHO IS LIVING IN THE HOME OF A NONNEEDY 27 RELATIVE, $452], plus $87 [$102] for each additional child; 28 (2) dependent child living with parent: 29 (A) for a parent and one dependent child, a maximum of $767 30 [$821]; 31 (B) for each additional dependent child, or for a second parent,

01 $87 [$102] a month per individual; 02 (3) pregnant woman who is otherwise eligible for assistance under this 03 section, or a single-person household that does not consist of a dependent child: $437 04 [$514] a month. 05 * Sec. 8. AS 47.25 is amended by adding new sections to read: 06 Sec. 47.25.341. PARENTAGE ESTABLISHMENT. (a) Unless exempt under 07 (b) of this section, an applicant for assistance under AS 47.25.310 - 47.25.420 shall 08 include on the application the name of each dependent child's mother and father. 09 (b) Notwithstanding other provisions of AS 47.25.310 - 47.25.420, assistance 10 under AS 47.25.310 - 47.25.420 may not be paid to a family with respect to a 11 dependent child whose parent or legal guardian refuses to provide the names of the 12 dependent child's mother and father and the child's needs shall be disregarded in 13 determining the amount of assistance to the child's family unless 14 (1) the child was conceived as a result of rape or incest; 15 (2) the department determines that efforts to establish paternity would 16 result in physical danger to the relative claiming the assistance; or 17 (3) the parent or other relative claiming assistance on behalf of the 18 child alleges that any of not more than three named individuals may be the biological 19 father of the child and provides the address of each of the named individuals or the 20 address of the immediate relatives of the named individual and the state has not 21 disproved the allegation. 22 (c) The department shall implement this section only to the extent that 23 implementation is not prohibited under federal law. To the extent that this section may 24 be implemented under federal law, its provisions supersede inconsistent provisions of 25 AS 47.25.310 - 47.25.420. 26 Sec. 47.25.342. REFERRAL TO JOBS PROGRAM. At the time of initial 27 application under AS 47.25.340, the department shall inform the applicant about the 28 job opportunity and basic skills program operated under AS 47.25.421 - 47.25.429 and 29 programs operated by Indian and Native organizations under 42 U.S.C. 682(i). The 30 department shall also assist an applicant and each adult member of the applicant's 31 household with the development of a plan that outlines the steps that may be necessary

01 for the person to take in order to become self-sufficient and identifies the help that the 02 department or another state agency can provide in order to assist the person in 03 becoming self-sufficient. The requirements of this section do not apply to minors or 04 permanently disabled adults who are applicants or members of the applicant's 05 household. 06 Sec. 47.25.343. SHORT-TERM NONCASH ASSISTANCE. (a) At the time 07 a person applies for assistance under AS 47.25.310 - 47.25.420, the department shall 08 make a preliminary assessment of whether the assistance unit, with noncash assistance 09 for food, child care, and health care, could be helped through a short-term crisis 10 without the need to resort to financial assistance. 11 (b) If the preliminary assessment under (a) of this section indicates that 12 noncash assistance may be sufficient to enable the applicant to remain self-sufficient 13 financially and the department determines from the information provided on the 14 application that the assistance unit appears to be eligible for assistance under 15 AS 47.25.310 - 47.25.420, the department may, instead of processing the application, 16 (1) pay for child care that is necessary for the applicant or a member 17 of the applicant's family to get or maintain paid employment; 18 (2) provide food stamps sufficient for the family's needs, considering 19 other resources; and 20 (3) provide coverage under AS 47.07 (Medicaid) for the family's health 21 care needs. 22 (c) The assistance provided under (b) of this section may be provided for up 23 to six consecutive months or until the department determines that the family no longer 24 meets the eligibility requirements for assistance, whichever is earlier. 25 (d) The department shall implement this section only to the extent that 26 implementation is not prohibited under federal law. To the extent that this section may 27 be implemented under federal law, its provisions supersede inconsistent provisions of 28 AS 47.25.310 - 47.25.420. 29 * Sec. 9. AS 47.25 is amended by adding new sections to read: 30 Sec. 47.25.351. PERSONAL RESPONSIBILITY STATEMENT. (a) Before 31 the department may grant assistance under AS 47.25.310 - 47.25.420 to a person, the

01 potential recipient shall sign the personal responsibility statement described in (b) of 02 this section. The department may make technical corrections in the language of the 03 statement to reflect changes in the names of the education, training, and assistance 04 programs referred to in the statement. 05 (b) With the exception of technical corrections that may be made by the 06 department under (a) of this section, the personal responsibility statement referred to 07 in (a) of this section shall read as follows: 08 STATE OF ALASKA 09 PERSONAL RESPONSIBILITY AGREEMENT 10 FOR AFDC RECIPIENTS 11 I understand that public assistance is not intended to be a way of life, but to 12 be temporary assistance, and that becoming self-sufficient through work is 13 expected to be my personal goal. Therefore, I promise the citizens of the State 14 of Alaska that, in return for receiving public assistance, I accept personal 15 responsibility for myself and my family, and, at a minimum, will abide by the 16 following requirements: 17 *I promise to develop a self-sufficiency plan jointly with my family and 18 a caseworker, to obtain a job, and to follow the plan. 19 *I understand that, if I am in the workfare or JOBS program, I will be 20 penalized if I quit my job without good cause, or refuse to accept a job, 21 or quit school, job training, counseling, or a substance abuse program. 22 *I promise to accept any reasonable employment as soon as it becomes 23 available. 24 *I understand that I will lose cash benefits and will be permanently 25 ineligible for public assistance if I commit welfare fraud. 26 *I understand that I will not receive any additional cash benefits if I have 27 additional children while on public assistance. I am free to have as 28 many children as I choose, but the citizens of the State of Alaska will 29 not be required to pay for them. 30 *I promise to take responsibility for making sure that my children attend 31 school. I understand that I will be penalized if my children are not in

01 school on a regular basis. 02 *I promise to live with my parents, with a responsible adult relative, or 03 in an adult-supervised foster home, maternity home, or other 04 situation if I am a minor parent or a pregnant teenager in order 05 to receive public assistance. 06 *I understand that, if I enter the JOBS program or workfare program, I 07 will receive AFDC cash benefits for no more than 24 months from the 08 date I begin receiving AFDC cash benefits unless the state finds an 09 exception in my case. 10 *I promise to take all the necessary steps to become self-sufficient and 11 to take responsibility for myself and my family. 12 I make this promise to the citizens of the State of 13 Alaska on this ______ day of ________________ 14 in the year ______. 15 _______________________________________ 16 Signature of AFDC Recipient 17 ________________________________________ 18 Governor of Alaska 19 (c) The department shall implement this section only to the extent that 20 implementation is not prohibited under federal law. To the extent that this section may 21 be implemented under federal law, its provisions supersede inconsistent provisions of 22 AS 47.25.310 - 47.25.420. 23 Sec. 47.25.352. WAIVER OF "100-HOUR" RULE; AUTO ALLOWANCE. 24 (a) When determining the eligibility of a family and when determining the amount 25 of assistance to which a family is entitled, the department shall 26 (1) waive the requirement that, for purposes of assistance for a 27 dependent child of unemployed parents, the principal wage-earning parent must be 28 employed less than 100 hours a month; and 29 (2) allow the exclusion of $5,000 of the combined equity of motor 30 vehicles used by the family for basic family transportation, transportation of a disabled 31 child in the household, or transportation of a member of the family to or from

01 employment, training, or participation in an activity required under AS 47.25.363 or 02 47.25.421 - 47.25.429, if the combined equity of vehicles described in this paragraph 03 exceeds $5,000, the department shall apply the excess equity amount toward the asset 04 limit otherwise applicable to the family. 05 (b) The department shall implement this section only to the extent that 06 implementation is not prohibited under federal law. To the extent that this section may 07 be implemented under federal law, its provisions supersede inconsistent provisions of 08 AS 47.25.310 - 47.25.420. 09 Sec. 47.25.353. TWO-TIER PAYMENT SYSTEM. (a) The department shall 10 verify the state of residence for the previous six months for each new family that 11 applies for assistance under AS 47.25.310 - 47.25.420. The residence history of the 12 caretaker relative of the child for whom assistance is being sought shall be used to 13 determine the prior state of residence for the entire family. 14 (b) Upon determination of the eligibility of a family whom the department 15 determines under (a) of this section has resided in the state for less than six months 16 immediately preceding the family's application for assistance, the department shall pay 17 to the family the amount of assistance that a typical family of the same size would 18 receive in the family's most recent prior state of residence, subject to any penalties or 19 bonuses authorized under other laws of this state, if the family applies for assistance 20 (1) within 90 days after moving to the state; or 21 (2) more than 90 days after moving to the state, but less than 180 days 22 after moving to the state and the family is unable to demonstrate to the satisfaction of 23 the department that the caretaker relative in the family was employed in a paying job 24 for at least 13 weeks after moving to the state. 25 (c) In determining which state will be used to determine the benefit payment 26 amount under (b) of this section, the department shall use the state for which the most 27 recent one-month or longer period of residence for the caretaker relative has been 28 verified by the department. 29 (d) The benefit amount determined under (b) and (c) of this section is the 30 maximum amount of assistance payable to the family until after the sixth month of 31 state residency of the caretaker relative. If the family remains eligible for assistance

01 after six months of residency, the maximum amount of assistance payable after the 02 sixth month of residency in the state shall automatically change to the benefit amount 03 otherwise payable under AS 47.25.310 - 47.25.420, subject to any penalties or bonuses 04 authorized under other laws of this state. 05 (e) This section does not apply to a family whose caretaker relative, according 06 to criteria established by the department, 07 (1) left the state briefly during the previous six months and has 08 returned; or 09 (2) entered the state in the previous six months to provide care for a 10 minor child who resided in the state for six months before application for assistance 11 was made. 12 (f) The department shall implement this section only to the extent that 13 implementation is not prohibited under federal law. To the extent that this section may 14 be implemented under federal law, its provisions supersede inconsistent provisions of 15 AS 47.25.310 - 47.25.420. 16 * Sec. 10. AS 47.25.360 is amended to read: 17 Sec. 47.25.360. GRANTING OF ASSISTANCE. Upon the completion of the 18 investigation, the department shall decide whether the child is eligible for assistance 19 under AS 47.25.310 - 47.25.420, the amount of assistance, and the date on which it 20 starts. The department shall notify the person having custody of the child of its 21 decision. Except as provided in AS 47.25.315(b), the [THE] assistance shall be paid 22 monthly to the person having custody of the child upon order of the department. 23 * Sec. 11. AS 47.25 is amended by adding new sections to read: 24 Sec. 47.25.361. ALCOHOL AND DRUG TESTING; TREATMENT 25 PROGRAMS. (a) As a condition of eligibility for assistance under AS 47.25.310 - 26 47.25.420, an applicant or recipient who the department determines is addicted to 27 alcohol or drugs shall agree to participate, and must maintain satisfactory participation, 28 in an appropriate addiction treatment program, if available. 29 (b) An applicant or recipient who fails to comply with (a) of this section is not 30 eligible for assistance under AS 47.25.310 - 47.25.420 for one month for the first 31 failure to comply, for six months for the second failure to comply, and for 12 months

01 for the third and any subsequent failure to comply, but shall be considered to be 02 receiving the assistance for purposes of eligibility for medical assistance under 03 AS 47.07. 04 (c) The provisions of (a) of this section are not applicable to dependent 05 children. 06 (d) The department shall implement this section only to the extent that 07 implementation is not prohibited under federal law. To the extent that this section may 08 be implemented under federal law, its provisions supersede inconsistent provisions of 09 AS 47.25.310 - 47.25.420. 10 Sec. 47.25.362. TRANSITIONAL BENEFITS AFTER MARRIAGE. (a) The 11 department may continue to grant assistance under AS 47.25.310 - 47.25.420 to a 12 family unit when the recipient of assistance marries an individual who is not a parent 13 of a child of the recipient and, but for the operation of this section, the resulting family 14 would have become ineligible for continued assistance under AS 47.25.310 - 47.25.420 15 by reason of the marriage. Continued assistance under this section is limited to six 16 months after the marriage. 17 (b) The department shall implement this section only to the extent that 18 implementation is not prohibited under federal law. To the extent that this section may 19 be implemented under federal law, its provisions supersede inconsistent provisions of 20 AS 47.25.310 - 47.25.420. 21 Sec. 47.25.363. WORKFARE PILOT PROJECT. (a) The department shall 22 operate a pilot project under which each member of a family in the project area who 23 is 18 years of age or older shall participate for 21 hours a week in an uncompensated 24 activity if assigned to the activity by the department. The department shall assess the 25 availability of activities that satisfy the purposes of this subsection in each part of the 26 project area and attempt to develop additional activities where necessary. When 27 assessing the availability of activities that are suitable as uncompensated activities 28 under this section and in assigning persons to those activities, the department shall 29 consider activities recommended by governmental representatives of boroughs, cities, 30 and communities and others in the project area. The department shall penalize the 31 family for failure of a person to comply with this subsection by disregarding that

01 person as a member of the family for purposes of determining the amount of assistance 02 given to the family for 03 (1) one month for the first failure to comply; 04 (2) six months for the second failure to comply; and 05 (3) 12 months for the third and subsequent failure to comply. 06 (b) If organizations exist in an area in which the project is implemented that 07 have had successful experience in conducting employment placement services, 08 community services, and job training programs, the department shall offer on a 09 competitive basis contracts to those organizations to administer (a) of this section in 10 that area. A contract under this subsection must provide that the department shall 11 make the determinations required under (c) and (d) of this section and the contractor 12 shall perform the duties assigned to the department under (a) of this section with 13 respect to uncompensated activities, including assessment of their availability, 14 development of additional activities, consideration of activities recommended by 15 governmental representatives, and assignment of persons to specific activities after 16 referral of those persons to the contractor by the department. 17 (c) The requirement to participate in an uncompensated activity under (a) of 18 this section does not apply to a person who 19 (1) has paid employment of at least 15 hours a week; a person who has 20 paid employment of less than 15 hours a week shall participate in an uncompensated 21 activity assigned under (a) of this section for the number of hours that, when added 22 to the hours of paid employment, equals 21; 23 (2) is participating in an activity under AS 47.25.421 - 47.25.429 24 (JOBS program); 25 (3) is participating in an activity under a program operated by an Indian 26 or Native organization under 42 U.S.C. 682(i) unless the Indian or Native organization 27 agrees to the person's inclusion in an activity under this section; 28 (4) is exempt from participating in an activity under AS 47.25.421 - 29 47.25.429 (JOBS program); 30 (5) is the parent or other relative of a child under six years of age 31 living in the same household who personally provides care for the child; or

01 (6) is determined, according to regulations of the department, to be 02 physically or mentally unable to perform any reasonable activity that may be assigned 03 under this section; or 04 (7) is a parent who is providing care for a child with a developmental 05 disability as defined by AS 47.80.900. 06 (d) Notwithstanding (a) of this section, the department may not require a 07 person to participate in an uncompensated activity under (a) of this section unless the 08 department agrees to pay for 09 (1) costs of child care determined by the department to be necessary 10 for the person's participation; and 11 (2) transportation expenses determined by the department to be 12 necessary for the person's participation in the activity. 13 (e) The department shall determine the area in which the project required 14 under this section will be implemented by choosing four municipalities as follows: 15 (1) the municipality that had the highest number of households 16 receiving AFDC in fiscal year 1993; 17 (2) a municipality contiguous to the municipality determined under (1) 18 of this section; 19 (3) an area consisting of 20 (A) a home rule city that is contained within the boundaries of 21 a second class borough and has a population of at least 15,000 persons; and 22 (B) the second class borough that contains the city described in 23 (A) of this paragraph; and 24 (4) the largest municipality, as measured by square miles, including the 25 cities within the municipality. 26 (f) The department shall implement this section only to the extent that 27 implementation is not prohibited under federal law. To the extent that this section may 28 be implemented under federal law, its provisions supersede inconsistent provisions of 29 AS 47.25.310 - 47.25.420. 30 Sec. 47.25.364. TIME LIMIT ON BENEFITS. (a) Except as provided in (b) 31 of this section, a family who has a member assigned to an activity under AS 47.25.363

01 or 47.25.421 - 47.25.429 is ineligible for assistance beginning with the 25th month 02 after the person is assigned and does not become eligible to apply for assistance again 03 until 84 months after the person is assigned. 04 (b) The eligibility of a family described in (a) of this section shall be extended 05 beyond 24 months from the assignments described in (a) of this section if the assigned 06 person has cooperated with the department and has substantially complied with the 07 requirements of the program to which the person was assigned but 08 (1) a temporary and verified physical or mental condition, as supported 09 by appropriate medical documentation, prevents the person from attaining and 10 maintaining employment that would provide the family with net income equal to or 11 greater than what the family would receive from the assistance grant; 12 (2) the department failed to comply with AS 47.25.427 with respect to 13 the family or has substantially failed to provide the services specified in the person's 14 self-sufficiency plan; 15 (3) despite all appropriate efforts, the person has been unable to find, 16 or has lost without cause, employment that would provide the family with net income 17 equal to or greater than what the family would receive from assistance; or 18 (4) other unique circumstances exist, as determined by the department, 19 that prevent the person from obtaining or retaining adequate employment. 20 (c) Notwithstanding (a) of this section, a family that becomes ineligible for 21 assistance solely by operation of (a) of this section nevertheless remains eligible for 22 medical assistance under AS 47.07 for a period of 12 months after losing eligibility 23 for assistance under (a) of this section. 24 (d) The department shall implement this section only to the extent that 25 implementation is not prohibited under federal law. To the extent that this section may 26 be implemented under federal law, its provisions supersede inconsistent provisions of 27 AS 47.25.310 - 47.25.420. 28 * Sec. 12. AS 47.25 is amended by adding new sections to read: 29 Sec. 47.25.366. SCHOOL ATTENDANCE. (a) The department shall reduce 30 the assistance for which an assistance unit is otherwise eligible under AS 47.25.310 - 31 47.25.420 if a person in the assistance unit who is of school age fails, without good

01 cause, to meet standards of adequate levels of school attendance, as defined in 02 regulations of the department. The reduction under this subsection shall be achieved 03 by disregarding the needs of the person who failed to meet the school attendance 04 standards. The person's needs shall be disregarded for 05 (1) one month for the first failure; 06 (2) six months for the second failure; and 07 (3) 12 months for the third and subsequent failures. 08 (b) In addition to assistance under AS 47.25.310 - 47.25.420 to which an 09 assistance unit is otherwise eligible, the department shall pay to the assistance unit the 10 amount of $200 upon the graduation from secondary school, graduation from an 11 equivalent level of technical or vocational training, or receipt of a graduation 12 equivalency diploma by a person in the assistance unit who is receiving assistance at 13 the time of graduation. Payment under this subsection may be made only once per 14 person. 15 (c) The department shall implement this section only to the extent that 16 implementation is not prohibited under federal law. To the extent that this section may 17 be implemented under federal law, its provisions supersede inconsistent provisions of 18 AS 47.25.310 - 47.25.420. 19 Sec. 47.25.367. JOB RETENTION REQUIREMENT FOR RECIPIENTS. (a) 20 The department shall reduce the assistance for which an assistance unit is otherwise 21 eligible under AS 47.25.310 - 47.25.420 if a person in the assistance unit who held a 22 job at the time of application for assistance voluntarily, without good cause, quits the 23 job without immediately starting a new job that pays at least the same net amount in 24 earnings. The reduction under this subsection shall be achieved by disregarding the 25 needs of the person who quit the job. The person's needs shall be disregarded for 26 (1) one month for the first job quit; 27 (2) six months for the second job quit; 28 (3) 12 months for the third and subsequent job quit. 29 (b) The department shall implement this section only to the extent that 30 implementation is not prohibited under federal law. To the extent that this section may 31 be implemented under federal law, its provisions supersede inconsistent provisions of

01 AS 47.25.310 - 47.25.420. 02 Sec. 47.25.368. LIMITS ON PENALTIES. The department may not 03 simultaneously assess a penalty against an assistance unit under more than one of the 04 following sections: 05 (1) AS 47.25.361; 06 (2) AS 47.25.363; 07 (3) AS 47.25.366; 08 (4) AS 47.25.367; and 09 (5) AS 47.25.421(d). 10 * Sec. 13. AS 47.25.421(d) is amended to read: 11 (d) The department shall adopt regulations setting criteria for determining 12 whether a person is in noncompliance with participation requirements of the program 13 for the purpose of imposing sanctions under the program for nonparticipation and for 14 noncompliance with a participation agreement. The department shall consult with 15 Native organizations that are operating similar programs when developing regulations 16 under this subsection. To the extent allowed under federal law, the sanctions in the 17 regulations must include a reduction in assistance to a household that includes a 18 participant under AS 47.25.421 - 47.25.429 if (1) a person in the household who 19 is required to attend school, job training, counseling, or substance abuse 20 treatment under AS 47.25.421 - 47.25.429 refuses to attend school, job training, 21 counseling, or substance abuse treatment, as applicable; or (2) a person in the 22 household who is assigned to a work experience or work supplementation 23 program under AS 47.25.421 - 47.25.429 quits participation in the work 24 experience or work supplementation program. The reduction under this 25 subsection shall be achieved by disregarding the needs of the person referred to 26 in (1) or (2) of this subsection. The person's needs shall be disregarded for one 27 month for the first violation under (1) or (2) of this subsection, six months for the 28 second violation, and 12 months for the third and subsequent violations. 29 * Sec. 14. AS 47.25 is amended by adding a new section to read: 30 Sec. 47.25.431. PERMANENT INELIGIBILITY AFTER WELFARE FRAUD. 31 (a) A person is permanently ineligible for assistance under AS 47.25.430 - 47.25.615

01 upon conviction of violating AS 11.56.210 or a law in another jurisdiction with 02 elements substantially similar to AS 11.56.210 if the conviction arose out of a written 03 or recorded statement submitted in order to apply for or continue receiving assistance 04 under AS 47.07, this chapter, or similar laws in another jurisdiction. 05 (b) The department shall implement this section only to the extent that 06 implementation is not prohibited under federal law. To the extent that this section may 07 be implemented under federal law, its provisions supersede inconsistent provisions of 08 AS 47.25.430 - 47.25.615. 09 * Sec. 15. AS 47.25.455(a) is amended to read: 10 (a) The department shall pay at least $280 a month to a person eligible for 11 assistance under this chapter until an initial determination of [WHILE] the eligibility 12 of the person for benefits under 42 U.S.C. 1381 - 1385 (Title XVI, Social Security 13 Act, Supplemental Security Income Program [,]) is made. The department shall 14 terminate assistance under this section upon an initial determination that the 15 person is ineligible for assistance under 42 U.S.C. 1381 - 1385 and may not 16 continue assistance under this section during subsequent appeals of the initial 17 determination [BEING DETERMINED]. Payments in excess of $280 a month may 18 be made under this section if the department determines that money is available for 19 excess payments. 20 * Sec. 16. AS 47.25.455(d) is amended to read: 21 (d) Beginning the first full month after a person is determined to be eligible 22 for assistance under 42 U.S.C. 1381 - 1383, the department shall terminate interim 23 assistance to that person under this section, unless it has already been terminated 24 under (a) of this section, and begin payments to the person under AS 47.25.430. 25 * Sec. 17. AS 47.25.455 is amended by adding new subsections to read: 26 (e) A person applying for assistance under this section shall, as a condition of 27 eligibility for the assistance, agree to repay the assistance to the state upon a final 28 determination that the person is not eligible to receive a benefit under 42 U.S.C. 29 1381 - 1383. 30 (f) The amount owed by a person to the state under (c) or (e) of this section 31 is considered an overpayment that is subject to the provisions of AS 47.05.080.

01 * Sec. 18. AS 47.25.310(c) is repealed. 02 * Sec. 19. AS 47.25.363, enacted by sec. 11 of this Act, and AS 47.25.368(2), enacted by 03 sec. 12 of this Act, are repealed March 1, 2001. 04 * Sec. 20. APPLICABILITY. (a) AS 47.25.455(a) and (d), as amended by secs. 15 and 05 16 of this Act, and AS 47.25.455(e) and (f), added by sec. 17 of this Act, apply to 06 (1) applications for assistance under AS 47.25.455 that are submitted to, or 07 pending with, the Department of Health and Social Services on or after the effective date of 08 secs. 15 - 17 of this Act; and 09 (2) recipients of assistance under AS 47.25.455 whose determinations of 10 eligibility for assistance under 42 U.S.C. 1381 - 1385 are not final by the effective date of 11 secs. 15 - 17 of this Act. 12 (b) AS 47.07.022, added by sec. 3 of this Act, AS 47.25.120(b), added by sec. 4 of 13 this Act, AS 47.25.311(a), added by sec. 6 of this Act, and AS 47.25.431, added by sec. 14 14 of this Act, apply to offenses committed on or after the effective date of secs. 3, 4, 6, and 14 15 of this Act, respectively. 16 * Sec. 21. REGULATIONS. The Department of Health and Social Services may begin the 17 process of adopting regulations to implement this Act. The regulations intended to implement 18 a statute amended or added by this Act may not take effect until the effective date of the 19 amendment or addition. 20 * Sec. 22. REPORT. The Department of Health and Social Services shall review the 21 effects of the pilot project operated under AS 47.25.363, enacted by sec. 11 of this Act, and 22 submit a written report of its findings about the project to the legislature by January 15, 2002. 23 * Sec. 23. Except as provided in sec. 24 of this Act, this Act takes effect March 1, 1996. 24 * Sec. 24. Sections 1, 3 - 5; AS 47.25.315, as enacted by sec. 6 of this Act; sec. 7; 25 AS 47.25.342, as enacted by sec. 8 of this Act; and secs. 10, 13, and 15 - 22 of this Act take 26 effect immediately under AS 01.10.070(c).