SCS HB 241(STA): "An Act relating to payment assistance for costs of residing in the Alaska Pioneers' Home, and providing that certain income and assets of a resident shall be disregarded in determining payment assistance, including income from any source in an amount equal to at least $100, cash dividends and other income equal to at least $2,000 received under the Alaska Native Claims Settlement Act, a permanent fund dividend, an amount for burial expenses of the resident, the resident's spouse and dependents of the resident, the primary residence of the resident's spouse or a dependent of the resident, and other property equal to at least a total value of $5,000; relating to claims against the estate of a beneficiary of the Pioneers' Home program; and providing for an effective date."
00SENATE CS FOR HOUSE BILL NO. 241(STA) 01 "An Act relating to payment assistance for costs of residing in the Alaska 02 Pioneers' Home, and providing that certain income and assets of a resident shall 03 be disregarded in determining payment assistance, including income from any 04 source in an amount equal to at least $100, cash dividends and other income 05 equal to at least $2,000 received under the Alaska Native Claims Settlement Act, 06 a permanent fund dividend, an amount for burial expenses of the resident, the 07 resident's spouse and dependents of the resident, the primary residence of the 08 resident's spouse or a dependent of the resident, and other property equal to at 09 least a total value of $5,000; relating to claims against the estate of a beneficiary 10 of the Pioneers' Home program; and providing for an effective date." 11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 12 * Section 1. AS 47.55.020 is amended by adding a new subsection to read: 13 (e) Notwithstanding AS 47.55.070 and (b) of this section, a resident whose 14 income and assets are insufficient to pay the monthly rate set under AS 47.55.030(b)
01 qualifies for payment assistance if the resident is otherwise in compliance with 02 requirements under this chapter. The amount of payment assistance shall equal the 03 amount needed, when added to other income and assets of the resident, to pay the 04 monthly rate set under AS 47.55.030(b). Payment assistance received by a resident 05 is a debt to the state. In determining the amount of payment assistance for which a 06 resident qualifies, the following income and assets of a Pioneers' Home resident shall 07 be disregarded: 08 (1) income from any source in an amount equal to at least $100 per 09 month as established by regulation of the Department of Administration; 10 (2) the following assets received under 43 U.S.C. 1601 - 1629e (Alaska 11 Native Claims Settlement Act): 12 (A) cash dividends and other income equal to at least $2,000 13 as established by regulation of the Department of Administration; 14 (B) stock; 15 (C) noncash dividends from stock; and 16 (D) land; 17 (3) a permanent fund dividend issued under AS 43.23; 18 (4) veterans' benefits paid under 38 U.S.C. 1114; 19 (5) compensation to volunteers under the federal retired and senior 20 volunteers (42 U.S.C. 5001), foster grandparents (42 U.S.C. 5011), and senior 21 companion (42 U.S.C. 5013) programs made in accordance with 42 U.S.C. 5044(f); 22 (6) federal World War II restitution payments made under 50 U.S.C. 23 1989b-4 and c-5; 24 (7) payments under AS 18.67 (crime victim compensation); 25 (8) an amount determined by regulation of the Department of 26 Administration sufficient for burial expenses of the resident, the resident's spouse, and 27 dependents of the resident; 28 (9) real property being used as the primary residence of the resident's 29 spouse or a dependent of the resident; 30 (10) other real or personal property equal to at least a total value of 31 $5,000 as established by regulation of the Department of Administration.
01 * Sec. 2. AS 47.55 is amended by adding a new section to read: 02 Sec. 47.55.095. Limitation on enforcement of claims against estate. 03 Notwithstanding AS 47.55.080 and 47.55.090, upon the death of a Pioneers' Home 04 resident or of a recipient of day care or respite services, a state claim for unpaid debt 05 owed to the Pioneers' Home may be satisfied only out of the decedent's estate. The 06 state may not pursue a claim to the extent doing so would work undue hardship, as 07 determined by regulation of the Department of Administration, on the surviving spouse 08 or dependent of the decedent. Family portraits and heirlooms of the type identified 09 under AS 09.38.020(a)(3), without regard to value, may not be taken by the state in 10 satisfaction of a debt to the Pioneers' Home. 11 * Sec. 3. This Act takes effect July 1, 1997.