CSSB 55(STA): "An Act relating to the Alaska Pioneers' Home and the Alaska Pioneers' Homes Advisory Board; relating to admissions to, payment assistance for, and transfers from the home; relating to housing and services for veterans; and providing for an effective date."
00 CS FOR SENATE BILL NO. 55(STA) 01 "An Act relating to the Alaska Pioneers' Home and the Alaska Pioneers' Homes 02 Advisory Board; relating to admissions to, payment assistance for, and transfers from 03 the home; relating to housing and services for veterans; and providing for an effective 04 date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 44.21.120 is amended to read: 07 Sec. 44.21.120. Composition of the board. (a) The Alaska Pioneers' Homes 08 Advisory Board consists of 09 (1) five [SEVEN] members appointed by the governor from among 10 citizens of the state; [AND] 11 (2) one member, appointed by the governor, who 12 (A) is a veteran of active service in the armed forces of the 13 United States, including the Alaska National Guard or the Alaska 14 Territorial Guard; and
01 (B) meets the age and state residency requirements under 02 AS 47.55 for admission to the Alaska Pioneers' Home; 03 (3) one member, appointed by the governor, who is a veteran of 04 active service in the armed forces of the United States, including the Alaska 05 National Guard or the Alaska Territorial Guard; and 06 (4) one member who is the chair of the Alaska Commission on Aging 07 established under AS 44.21.200. 08 (b) The term of office of a member of the board appointed under (a)(1), (2), or 09 (3) of this section is four years. A member of the board appointed under (a)(1), (2), 10 or (3) of this section may not serve more than eight consecutive years. A chair shall 11 be elected by the voting members of the board. The members of the board appointed 12 under (a)(1), (2), or (3) of this section serve at the pleasure of the governor. 13 * Sec. 2. AS 47.55.010 is amended by adding new subsections to read: 14 (e) As provided in this subsection, a certain number of beds in the Alaska 15 Pioneers' Home shall be reserved for use by veterans who meet all other qualifications 16 for admission to the home. The Department of Administration shall by regulation 17 (1) specify the number of beds reserved for use by veterans under this 18 subsection; the department may not specify that more than 30 percent of the beds in a 19 single institution, nor more than 21 percent of the beds collectively comprising the 20 Alaska Pioneers' Home system, are reserved for use by veterans; 21 (2) establish procedures that 22 (A) provide for a veteran to be considered for admission to an 23 unreserved, unoccupied bed in the home under admission criteria in or under 24 this chapter if all beds reserved under this subsection are occupied; 25 (B) provide for a person who is not a veteran to be considered 26 for admission to an unoccupied bed reserved under this subsection if no 27 veteran who is qualified for admission to a reserved bed has applied for 28 admission; and 29 (C) ensure that, to the extent possible, the beds reserved for use 30 by veterans under this subsection are occupied by veterans. 31 (f) In this section, "veteran" means a person with 181 days or more of active
01 service in the armed forces of the United States, including the Alaska National Guard 02 or the Alaska Territorial Guard. 03 * Sec. 3. AS 47.55.020(a) is amended to read: 04 (a) Every person residing in the state who is 65 years of age or older, has been 05 a resident of the state continuously for more than one year [15 YEARS] immediately 06 preceding application for admission, and is in need of residence at the home because 07 of physical disability or other reason, is eligible for admission under conditions 08 prescribed in regulations of the Department of Administration. The spouse of a person 09 who is eligible for admission under other provisions of this subsection is also eligible 10 for admission to the home under conditions prescribed by the department if the spouse 11 is 65 years of age or older and has been a resident of the state continuously for more 12 than one year [15 YEARS] immediately preceding application for admission. In this 13 subsection, "physical disability or other reason" means inability to maintain a 14 household without regular assistance in shopping, housekeeping, meal preparation, 15 dressing, or personal hygiene because of physical or medical impairment, infirmity, or 16 disability. 17 * Sec. 4. AS 47.55.020(e) is amended to read: 18 (e) Notwithstanding AS 47.55.070 and (b) of this section, a home resident 19 whose income and assets are insufficient to pay the monthly rate set under 20 AS 47.55.030(b) qualifies for payment assistance if the resident is otherwise in 21 compliance with requirements under this chapter. The amount of payment assistance 22 shall equal the amount needed, when added to other income and assets of the resident, 23 to pay the monthly rate set under AS 47.55.030(b). Payment assistance received by a 24 home resident is a debt to the state. In determining the amount of payment assistance 25 for which a home resident qualifies, the following income and assets of the [A 26 PIONEERS' HOME] resident shall be disregarded: 27 (1) income from any source in an amount equal to at least $100 per 28 month as established by regulation of the Department of Administration; 29 (2) the following assets received under 43 U.S.C. 1601 - 1629g [43 30 U.S.C. 1601 - 1629e] (Alaska Native Claims Settlement Act): 31 (A) cash dividends and other income equal to at least $2,000 as
01 established by regulation of the Department of Administration; 02 (B) stock; 03 (C) noncash dividends from stock; and 04 (D) land; 05 (3) a permanent fund dividend issued under AS 43.23; 06 (4) veterans' benefits paid under 38 U.S.C. 1110 [38 U.S.C. 1114]; 07 (5) compensation to volunteers under the federal retired and senior 08 volunteers (42 U.S.C. 5001), foster grandparents (42 U.S.C. 5011), and senior 09 companion (42 U.S.C. 5013) programs made in accordance with 42 U.S.C. 5044(f); 10 (6) federal World War II restitution payments made under 50 U.S.C. 11 App. 1989b-4 and c-5 [50 U.S.C. 1989b-4 and c-5]; 12 (7) payments under AS 18.67 (crime victim compensation); 13 (8) an amount determined by regulation of the Department of 14 Administration sufficient for burial expenses of the resident, the resident's spouse, and 15 dependents of the resident; 16 (9) real property being used as the primary residence of the resident's 17 spouse or a dependent of the resident; 18 (10) for a home resident who has no spouse or dependent and who 19 has not been admitted to a permanent bed at the home, real property being used 20 as the resident's primary residence; 21 (11) other real or personal property equal to at least a total value of 22 $5,000 as established by regulation of the Department of Administration. 23 * Sec. 5. AS 47.55.080 is amended to read: 24 Sec. 47.55.080. Enforcement against estate. If a beneficiary under this 25 chapter dies leaving an estate in the United States [STATE], the attorney general or 26 the Department of Administration shall file with the executor or administrator, or with 27 the probate court, the claim of the state against the estate, and the attorney general or 28 the Department of Administration shall take the steps necessary to enforce and 29 collect the claim. Money collected shall be paid into the treasury of the state. 30 * Sec. 6. AS 47.55.095 is amended to read: 31 Sec. 47.55.095. Limitation on enforcement of claims against estate.
01 Notwithstanding AS 47.55.080 [AND 47.55.090], upon the death of a pioneers' home 02 resident or of a recipient of day care or respite services, a state claim for unpaid debt 03 owed to the pioneers' home may be satisfied only out of the decedent's estate. The 04 state may not pursue a claim to the extent doing so would work undue hardship, as 05 determined by regulation of the Department of Administration, on the surviving 06 spouse or dependent of the decedent. Family portraits and heirlooms of the type 07 identified under AS 09.38.020(a)(3), without regard to value, may not be taken by the 08 state in satisfaction of a debt to the pioneers' home. 09 * Sec. 7. AS 47.55.035, 47.55.040, and 47.55.090 are repealed. 10 * Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to 11 read: 12 TRANSITION: REGULATIONS. The Department of Administration may 13 immediately proceed to adopt regulations necessary to implement the changes made by this 14 Act. The regulations take effect under AS 44.62 (Administrative Procedure Act), but not 15 before the effective date of the statutory change. 16 * Sec. 9. The uncodified law of the State of Alaska is amended by adding a new section to 17 read: 18 SURVEY AND EVALUATION. Subject to the availability of an appropriation for 19 the purpose of this section, the Department of Administration shall survey and evaluate 20 certain housing and care needs of veterans in this state that are not met by the Alaska 21 Pioneers' Home. The Department of Administration shall report to the governor and the 22 legislature on the results of the survey and evaluation no later than the first day of the Second 23 Regular Session of the Twenty-Third Alaska State Legislature. 24 * Sec. 10. Section 8 of this Act takes effect immediately under AS 01.10.070(c).