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SB 55: "An Act changing the name of the Alaska Pioneers' Home to the Alaska Pioneers' and Veterans' Home and of the Alaska Pioneers' Homes Advisory Board to the Alaska Pioneers' and Veterans' Home Advisory Board; relating to services for veterans in the home; relating to the advisory board for the home; making other amendments to the statutes relating to the home; making conforming amendments to other statutes; and providing for an effective date."

00                              SENATE BILL NO. 55                                                                         
01 "An Act changing the name of the Alaska Pioneers' Home to the Alaska Pioneers' and                                      
02 Veterans' Home and of the Alaska Pioneers' Homes Advisory Board to the Alaska                                           
03 Pioneers' and Veterans' Home Advisory Board; relating to services for veterans in the                                   
04 home; relating to the advisory board for the home; making other amendments to the                                       
05 statutes relating to the home; making conforming amendments to other statutes; and                                      
06 providing for an effective date."                                                                                       
07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
08    * Section 1.  AS 44.21.100 is amended to read:                                                                     
09            Sec. 44.21.100.  Alaska Pioneers' and Veterans' Home [HOMES] Advisory                                    
10       Board.  There is created the Alaska Pioneers' and Veterans' Home [HOMES]                                    
11       Advisory Board.                                                                                                   
12    * Sec. 2.  AS 44.21.110 is amended to read:                                                                        
13            Sec. 44.21.110.  Purpose of the board.  The board shall conduct annual                                     
01       inspections of the property and procedures of the Alaska Pioneers' and Veterans'                              
02       Home [HOMES] and recommend to the governor changes and improvements.  The                                     
03       board shall meet on an annual basis to review admissions procedures and to consider                               
04       complaints.                                                                                                       
05    * Sec. 3.  AS 44.21.120 is amended to read:                                                                        
06            Sec. 44.21.120.  Composition of the board.  (a)  The Alaska Pioneers' and                              
07       Veterans' Home [HOMES] Advisory Board consists of                                                             
08                 (1)  five [SEVEN] members appointed by the governor from among                                      
09       citizens of the state; [AND]                                                                                      
10                 (2)  one member, appointed by the governor, who                                                     
11                      (A)  is a veteran of active service in the armed forces of the                                 
12            United States, including the Alaska National Guard or the Alaska                                         
13            Territorial Guard; and                                                                                   
14                      (B)  meets the age and state residency requirements under                                      
15            AS 47.55 for admission to the Alaska Pioneers' and Veterans' Home;                                       
16                 (3)  one member, appointed by the governor, who is a veteran of                                     
17       active service in the armed forces of the United States, including the Alaska                                 
18       National Guard or the Alaska Territorial Guard; and                                                           
19                 (4)  one member who is the chair of the Alaska Commission on Aging                                  
20       established under AS 44.21.200.                                                                                   
21            (b)  The term of office of a member of the board appointed under (a)(1), (2), or                         
22       (3) of this section is four years.  A member of the board appointed under (a)(1), (2),                    
23       or (3) of this section may not serve more than eight consecutive years.  A chair shall                        
24       be elected by the voting members of the board.  The members of the board appointed                                
25       under (a)(1), (2), or (3) of this section serve at the pleasure of the governor.                            
26    * Sec. 4.  AS 44.21.120 is amended to read:                                                                        
27            Sec. 44.21.120.  Composition of the board.  (a)  The Alaska Pioneers' and                                  
28       Veterans' Home Advisory Board consists of                                                                         
29                 (1)  five members appointed by the governor from among citizens of                                      
30       the state;                                                                                                        
31                 (2)  one member, appointed by the governor, who                                                         
01                      (A)  is a veteran of active service in the armed forces of the                                     
02            United States, including the Alaska National Guard or the Alaska Territorial                                 
03            Guard; and                                                                                                   
04                      (B)  meets the age and state residency requirements under                                          
05            AS 47.55 for admission to the Alaska Pioneers' and Veterans' Home;                                           
06                 (3)  one member who is the chair of the Alaska Veterans Advisory                                    
07       Council established in AS 44.35 [, APPOINTED BY THE GOVERNOR, WHO IS A                                        
08       VETERAN OF ACTIVE SERVICE IN THE ARMED FORCES OF THE UNITED                                                       
09       STATES, INCLUDING THE ALASKA NATIONAL GUARD OR THE ALASKA                                                         
10       TERRITORIAL GUARD]; and                                                                                           
11                 (4)  one member who is the chair of the Alaska Commission on Aging                                      
12       established under AS 44.21.200.                                                                                   
13            (b)  The term of office of a member of the board appointed under (a)(1) or (2)                           
14       [(a)(1), (2), OR (3)] of this section is four years.  A member of the board appointed                             
15       under (a)(1) or (2)  [(a)(1), (2), OR (3)] of this section may not serve more than eight                      
16       consecutive years.  A chair shall be elected by the voting members of the board.  The                             
17       members of the board appointed under (a)(1) or (2) [(a)(1), (2), OR (3)] of this section                      
18       serve at the pleasure of the governor.                                                                            
19    * Sec. 5.  AS 44.21.200(a) is amended to read:                                                                     
20            (a)  The Alaska Commission on Aging is established in the Department of                                      
21       Administration.  The members of the commission include                                                            
22                 (1)  the commissioner of administration or the commissioner's                                           
23       designee;                                                                                                         
24                 (2)  the commissioner of community and economic development or the                                      
25       commissioner's designee;                                                                                          
26                 (3)  the commissioner of health and social services or the                                              
27       commissioner's designee;                                                                                          
28                 (4)  the chair of the Alaska Pioneers' and Veterans' Home [HOMES]                               
29       Advisory Board under AS 44.21.120; and                                                                            
30                 (5)  seven persons selected on the basis of their knowledge and                                         
31       demonstrated interest in the concerns of older Alaskans, appointed by the governor in                             
01       accordance with (b) of this section.                                                                              
02    * Sec. 6.  AS 47.55.010(a) is amended to read:                                                                     
03            (a)  The state shall maintain institutions known collectively as the Alaska                                  
04       Pioneers' and Veterans' Home.  Pioneers' and Veterans' Homes shall be maintained                          
05       at Sitka and at other sites designated by the commissioner of administration.                                     
06    * Sec. 7.  AS 47.55.010(c) is amended to read:                                                                     
07            (c)  The Department of Administration shall                                                                  
08                 (1)  cooperate with the federal government in matters pertaining to the                                 
09       welfare of Alaskan pioneers and veterans, make the reports in the form and                                    
10       containing the information the federal government from time to time desires, and                                  
11       accept funds allotted by the federal government, its agencies or instrumentalities, in                            
12       establishing, extending, and strengthening services for pioneers and veterans of                              
13       Alaska;                                                                                                           
14                 (2)  adopt regulations necessary for the conduct of the business of the                                 
15       home [PIONEERS' HOME] and for carrying out the provisions of this chapter,                                    
16       require bonds and undertakings from persons employed by it as in its judgment are                                 
17       necessary, and pay the premiums on them, and establish regional and local offices and                             
18       the advisory groups that are necessary or considered expedient to carry out or assist in                          
19       carrying out a duty or authority assigned to it;                                                                  
20                 (3)  perform all executive or administrative duties necessary and                                       
21       advisable to carry out the purpose of this chapter, including the power to make                                   
22       contracts and to make disbursements on vouchers against funds for the purpose of this                             
23       chapter, within the limit of funds available;                                                                     
24                 (4)  study the needs of Alaska's pioneers and veterans and submit                                   
25       recommendations for new regulations and proposed legislation; and                                                 
26                 (5)  prepare a biennial report in even-numbered years and notify the                                    
27       legislature that the report is available.                                                                         
28    * Sec. 8.  AS 47.55.010(d) is amended to read:                                                                     
29            (d)  The Department of Administration may employ the necessary subordinate                                   
30       officers and employees, and shall prescribe methods for operation of the home                                 
31       [PIONEERS' HOME], standards of care and service to home residents, and rules                                  
01       governing personnel and rewarding employees on a merit basis.                                                     
02    * Sec. 9.  AS 47.55.010 is amended by adding new subsections to read:                                              
03            (e)  As provided in this subsection, a certain number of beds in the home shall                              
04       be reserved for use by veterans who meet all other qualifications for admission to the                            
05       home.  The Department of Administration shall by regulation                                                       
06                 (1)  specify the number of beds reserved for use by veterans under this                                 
07       subsection;                                                                                                       
08                 (2)  establish procedures that                                                                          
09                      (A)  provide for a veteran to be considered for admission to a                                     
10            non-reserved, unoccupied bed in the home under admission criteria in or under                                
11            this chapter if all beds reserved under this subsection are occupied;                                        
12                      (B)  provide for a person who is not a veteran to be considered                                    
13            for admission to an unoccupied bed reserved under this subsection if no                                      
14            veteran who is qualified for admission to a reserved bed has applied for                                     
15            admission; and                                                                                               
16                      (C)  ensure that to the extent possible, the beds reserved for use                                 
17            by veterans under this subsection are occupied by veterans.                                                  
18            (f)  In this section, "veteran" means a person with 181 days or more of active                               
19       service in the armed forces of the United States, including the Alaska National Guard                             
20       or the Alaska Territorial Guard.                                                                                  
21    * Sec. 10.  AS 47.55.020(a) is amended to read:                                                                    
22            (a)  Every person residing in the state who is 65 years of age or older, has been                            
23       a resident of the state continuously for more than one year [15 YEARS] immediately                            
24       preceding application for admission, and is in need of residence at the home because                              
25       of physical disability or other reason, is eligible for admission under conditions                                
26       prescribed in regulations of the Department of Administration.  The spouse of a person                            
27       who is eligible for admission under other provisions of this subsection is also eligible                          
28       for admission to the home under conditions prescribed by the department if the spouse                             
29       is 65 years of age or older and has been a resident of the state continuously for more                            
30       than one year [15 YEARS] immediately preceding application for admission.  In this                            
31       subsection, "physical disability or other reason" means inability to maintain a                                   
01       household without regular assistance in shopping, housekeeping, meal preparation,                                 
02       dressing, or personal hygiene because of physical or medical impairment, infirmity, or                            
03       disability.                                                                                                       
04    * Sec. 11.  AS 47.55.020(b) is amended to read:                                                                    
05            (b)  A home resident [EVERY PERSON ADMITTED TO THE PIONEERS'                                             
06       HOME] who receives income from any source in excess of $100 per month may be                                      
07       required by the Department of Administration to pay the excess to the department                                  
08       immediately upon receipt of the money in payment, or part payment, of the cost of the                             
09       person's care.  However, the department may not require in any month the payment of                               
10       an amount greater than the monthly rate set under AS 47.55.030(b) except to satisfy an                            
11       indebtedness incurred under AS 47.55.070.  The department may not evict a person                                  
12       from the home [PIONEERS' HOME] if the income and assets of the person are                                     
13       insufficient to pay the monthly rate set under AS 47.55.030(b) and the person is                                  
14       otherwise in compliance with requirements under this chapter.                                                     
15    * Sec. 12.  AS 47.55.020(e) is amended to read:                                                                    
16            (e)  Notwithstanding AS 47.55.070 and (b) of this section, a home resident                               
17       whose income and assets are insufficient to pay the monthly rate set under                                        
18       AS 47.55.030(b) qualifies for payment assistance if the resident is otherwise in                                  
19       compliance with requirements under this chapter.  The amount of payment assistance                                
20       shall equal the amount needed, when added to other income and assets of the resident,                             
21       to pay the monthly rate set under AS 47.55.030(b).  Payment assistance received by a                              
22       home resident is a debt to the state.  In determining the amount of payment assistance                        
23       for which a home resident qualifies, the following income and assets of the [A                                
24       PIONEERS' HOME] resident shall be disregarded:                                                                    
25                 (1)  income from any source in an amount equal to at least $100 per                                     
26       month as established by regulation of the Department of Administration;                                           
27                 (2)  the following assets received under 43 U.S.C. 1601 - 1629g                                     
28       [43 U.S.C. 1601 - 1629e] (Alaska Native Claims Settlement Act):                                                   
29                      (A)  cash dividends and other income equal to at least $2,000 as                                   
30            established by regulation of the Department of Administration;                                               
31                      (B)  stock;                                                                                        
01                      (C)  noncash dividends from stock; and                                                             
02                      (D)  land;                                                                                         
03                 (3)  a permanent fund dividend issued under AS 43.23;                                                   
04                 (4)  veterans' benefits paid under 38 U.S.C. 1110 [38 U.S.C. 1114];                                 
05                 (5)  compensation to volunteers under the federal retired and senior                                    
06       volunteers (42 U.S.C. 5001), foster grandparents (42 U.S.C. 5011), and senior                                     
07       companion (42 U.S.C. 5013) programs made in accordance with 42 U.S.C. 5044(f);                                    
08                 (6)  federal World War II restitution payments made under 50 U.S.C.                                 
09       App. 1989b-4 and c-5 [50 U.S.C. 1989b-4 and c-5];                                                             
10                 (7)  payments under AS 18.67 (crime victim compensation);                                               
11                 (8)  an amount determined by regulation of the Department of                                            
12       Administration sufficient for burial expenses of the resident, the resident's spouse, and                         
13       dependents of the resident;                                                                                       
14                 (9)  real property being used as the primary residence of the resident's                                
15       spouse or a dependent of the resident;                                                                            
16                 (10)  for a home resident who has no spouse or dependent and who                                    
17       has not been admitted to a permanent bed at the home, real property being used                                
18       as the resident's primary residence;                                                                          
19                 (11)  other real or personal property equal to at least a total value of                            
20       $5,000 as established by regulation of the Department of Administration.                                          
21    * Sec. 13.  AS 47.55.030(b) is amended to read:                                                                    
22            (b)  The Department of Administration shall adopt regulations establishing a                                 
23       monthly rate for the compensation a home resident is to be charged under (a) of this                          
24       section.  The rate charged need not fully compensate the state for the cost of care and                           
25       support.  The commissioner of administration shall review the rate each year.                                     
26    * Sec. 14.  AS 47.55.030(c) is amended to read:                                                                    
27            (c)  The Department of Administration shall provide to all home residents [OF                            
28       THE PIONEERS' HOME] written notice of any proposed change in the rate charged                                     
29       for care and support of persons at the home.  Notice under this section shall be given                            
30       not less than 60 days before a change is adopted.  The notice must include the time,                              
31       date, and place of a hearing to be held by the Department of Administration under (d)                             
01       of this section.  The department may not change the rate charged more than once in a                              
02       fiscal year.                                                                                                      
03    * Sec. 15.  AS 47.55.060 is amended to read:                                                                       
04            Sec. 47.55.060.  Trust fund.  Unless otherwise provided by the donor, money                                
05       bequeathed to the former Alaska Pioneers' Home or to the Alaska Pioneers' and                             
06       Veterans' Home constitutes a special trust fund.  Unless otherwise provided by the                            
07       donor, interest from the special trust fund is under the control and at the disposal of the                       
08       Department of Administration, and expenditure from it is limited to the benefit and                               
09       comfort of the residents of the home.                                                                             
10    * Sec. 16.  AS 47.55 is amended by adding a new section to read:                                                   
11            Sec. 47.55.062.  Private nonprofit corporation: grants, donations, or                                      
12       bequests.  Private nonprofit corporations may be established to accept grants,                                  
13       donations, or bequests for the benefit of the home.  The Department of Administration                             
14       may assist in the establishment of those corporations.                                                            
15    * Sec. 17.  AS 47.55.070(a) is amended to read:                                                                    
16            (a)  The following expenses incurred for a home [PIONEERS' HOME]                                         
17       resident under this chapter and not recoverable from a collateral source are a debt of                            
18       the resident to the state and may be recovered during the life of the resident:                                   
19                 (1)  costs of standard or nursing care provided in the home                                         
20       [PIONEERS' HOME] each month to the resident not exceeding the rate established by                                 
21       the Department of Administration under AS 47.55.030, with credit given for any                                    
22       amounts paid by or collected from the resident;                                                                   
23                 (2)  allowances paid under AS 47.55.020(c);                                                             
24                 (3)  [REPEALED                                                                                          
25                 (4)]  arrearages in fees for television and telephone services provided in                              
26       the home [PIONEERS' HOME]; and                                                                            
27                 (4) [(5)]  prescription medicines and other medical supplies specified                          
28       by regulation [MEDICINE; AND                                                                                  
29                 (6)  REPEALED].                                                                                         
30    * Sec. 18.  AS 47.55.080 is amended to read:                                                                       
31            Sec. 47.55.080.  Enforcement against estate.  If a home resident                                       
01       [BENEFICIARY UNDER THIS CHAPTER] dies leaving an estate in the United                                         
02       States [STATE], the attorney general or the Department of Administration shall file                           
03       with the executor or administrator, or with the probate court, the claim of the state                             
04       against the estate, and the attorney general or the Department of Administration                              
05       shall take the steps necessary to enforce and collect the claim.  Money collected shall                           
06       be paid into the treasury of the state.                                                                           
07    * Sec. 19.  AS 47.55.095 is amended to read:                                                                       
08            Sec. 47.55.095.  Limitation on enforcement of claims against estate.                                       
09       Notwithstanding AS 47.55.080 [AND 47.55.090], upon the death of a home                                        
10       [PIONEERS' HOME] resident [OR OF A RECIPIENT OF DAY CARE OR RESPITE                                               
11       SERVICES], a state claim for unpaid debt owed to the home [PIONEERS' HOME]                                    
12       may be satisfied only out of the decedent's estate.  The state may not pursue a claim to                          
13       the extent doing so would work undue hardship, as determined by regulation of the                                 
14       Department of Administration, on the surviving spouse or dependent of the decedent.                               
15       Family portraits and heirlooms of the type identified under AS 09.38.020(a)(3),                                   
16       without regard to value, may not be taken by the state in satisfaction of a debt to the                           
17       home [PIONEERS' HOME].                                                                                        
18    * Sec. 20.  AS 47.55.100 is amended to read:                                                                       
19            Sec. 47.55.100.  Certificate as evidence.  A certificate by the attorney general                           
20       to the effect that a decedent was a home resident [BENEFICIARY] under this chapter                            
21       and that the state has a claim against the decedent's estate, is prima facie evidence of                          
22       these facts in a proceeding in the courts of the state.                                                           
23    * Sec. 21.  AS 47.55 is amended by adding a new section to read:                                                   
24            Sec. 47.55.990.  Definitions.  In this chapter, unless the context otherwise                               
25       requires,                                                                                                         
26                 (1)  " home" means the Alaska Pioneers' and Veterans' Home;                                             
27                 (2)  "home resident" includes any person who is receiving services                                      
28       from the home, regardless of whether the person's primary abode is the home.                                      
29    * Sec. 22.  AS 47.55.035, 47.55.040, and 47.55.090 are repealed.                                                   
30    * Sec. 23.  The uncodified law of the State of Alaska is amended by adding a new section to                        
31 read:                                                                                                                   
01       REVISOR OF STATUTES INSTRUCTIONS.  (a)  When consistent with the changes                                          
02 in this Act, the revisor of statutes is instructed to change references to "Alaska Pioneers'                            
03 Home" to read "Alaska Pioneers' and Veterans' Home" in the Alaska Statutes, including the                               
04 following:                                                                                                              
05            (1)  AS 08.68.395(g)(2) and AS 08.70.080;                                                                    
06            (2)  AS 15.05.020(1);                                                                                        
07            (3)  AS 18.07.111(8)(A);                                                                                     
08            (4)  AS 36.30.990(1)(A);                                                                                     
09            (5)  AS 37.05.146(b)(4)(EE) and 37.05.990(2);                                                                
10            (6)  AS 37.07.120(1);                                                                                        
11            (7)  AS 39.25.120(c)(8);                                                                                     
12            (8)  AS 44.21.020(9);                                                                                        
13            (9)  AS 47.25.140.                                                                                           
14       (b)  When consistent with the changes in this Act, the revisor of statutes is instructed                          
15 to change the references to "Pioneers' Home" to "Alaska Pioneers' and Veterans' Home" in the                            
16 Alaska Statutes, including the following:                                                                               
17            (1)  AS 17.37.070(6)(B);                                                                                     
18            (2)  AS 18.35.300(11);                                                                                       
19            (3)  chapter heading of AS 47.55;                                                                            
20            (4)  section heading of AS 47.55.070.                                                                        
21       (c)  The revisor of statutes is instructed to change "Article 2.  Pioneers' Homes                                 
22 Advisory Board" to "Article 2.  Alaska Pioneers' and Veterans' Home Advisory Board" in the                              
23 heading of art. 2 of AS 44.21.                                                                                          
24    * Sec. 24.  The uncodified law of the State of Alaska is amended by adding a new section to                        
25 read:                                                                                                                   
26       REGULATIONS ATTORNEY INSTRUCTIONS.  Wherever in the Alaska                                                        
27 Administrative Code the terms "Alaska Pioneers' Home," "state pioneer home," and "pioneers'                             
28 home" are used, they shall be read as "Alaska Pioneers' and Veterans' Home" when to do so                               
29 would be consistent with the changes in this Act.  Under AS 44.62.125(b)(6), the regulations                            
30 attorney is instructed to make changes in the Alaska Administrative Code consistent with this                           
31 section.                                                                                                                
01    * Sec. 25.  The uncodified law of the State of Alaska is amended by adding a new section to                        
02 read:                                                                                                                   
03       TRANSITION:  REGULATIONS.  The Department of Administration may                                                   
04 immediately proceed to adopt regulations necessary to implement the changes made by this                                
05 Act.  The regulations take effect under AS 44.62 (Administrative Procedure Act), but not                                
06 before the effective date of the statutory change.                                                                      
07    * Sec. 26.  Section 25 of this Act takes effect immediately under AS 01.10.070(c).                                 
08    * Sec. 27.  (a)  Section 4 of this Act takes effect only if a version of a bill establishing the                   
09 Alaska Veterans' Advisory Council is passed by the Twenty-Second Alaska State Legislature                               
10 and becomes law.                                                                                                        
11       (b)  If sec. 4 of this Act takes effect, it takes effect the day after the effective date of                      
12 sec. 3 of this Act or on the effective date of the Act described in (a) of this section, whichever                      
13 is later.