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HCS SB 2001(FIN): "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 housing and services for veterans; relating to the advisory board for the home; making other amendments to the statutes relating to the home; and providing for an effective date."

00                   HOUSE CS FOR SENATE BILL NO. 2001(FIN)                                                                
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 housing and services for                                       
04 veterans; relating to the advisory board for the home; making other amendments to the                                   
05 statutes relating to the home; and providing for an effective date."                                                    
06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
07    * Section 1.  AS 44.21.120 is amended to read:                                                                     
08            Sec. 44.21.120.  Composition of the board.  (a)  The Alaska Pioneers' Home                           
09       [HOMES] Advisory Board consists of                                                                                
10                 (1)  six [SEVEN] members appointed by the governor from among                                       
11       citizens of the state; [AND]                                                                                      
12                 (2)  one member, appointed by the governor, who is a veteran of                                     
13       active service in the armed forces of the United States, including the Alaska                                 
01       National Guard or the Alaska Territorial Guard; and                                                           
02                 (3)  one member who is the chair of the Alaska Commission on Aging                                  
03       established under AS 44.21.200.                                                                                   
04            (b)  The term of office of a member of the board appointed under (a)(1) or (2)                           
05       of this section is four years.  A member of the board appointed under (a)(1) or (2) of                        
06       this section may not serve more than eight consecutive years.  A chair shall be elected                       
07       by the voting members of the board.  The members of the board appointed under                                     
08       (a)(1) or (2) of this section serve at the pleasure of the governor.                                          
09    * Sec. 2.  AS 44.21.120(a) is amended to read:                                                                     
10            (a)  The Alaska Pioneers' Home Advisory Board consists of                                                    
11                 (1)  five [SIX] members appointed by the governor from among                                        
12       citizens of the state;                                                                                            
13                 (2)  one member, appointed by the governor, who is a veteran of active                                  
14       service in the armed forces of the United States, including the Alaska National Guard                             
15       or the Alaska Territorial Guard; [AND]                                                                            
16                 (3)  one member who is the chair of the Alaska Veterans Advisory                                    
17       Council established in AS 44.35; and                                                                          
18                 (4)  one member who is the chair of the Alaska Commission on Aging                                  
19       established under AS 44.21.200.                                                                                 
20    * Sec. 3.  AS 47.55.010(c) is amended to read:                                                                     
21            (c)  The Department of Administration shall                                                                  
22                 (1)  cooperate with the federal government in matters pertaining to the                                 
23       welfare of Alaska [ALASKAN] pioneers and of veterans who reside in the home                               
24       operated under this chapter, make the reports in the form and containing the                                  
25       information the federal government from time to time desires, and accept funds                                    
26       allotted by the federal government, its agencies, or its instrumentalities [,] in                         
27       establishing, extending, and strengthening services for pioneers of Alaska and                                
28       veterans who reside in the home operated under this chapter;                                                  
29                 (2)  adopt regulations necessary for the conduct of the business of the                                 
30       Pioneers' Home and for carrying out the provisions of this chapter, require bonds and                             
31       undertakings from persons employed by it as in its judgment are necessary, and pay                                
01       the premiums on them, and establish regional and local offices and the advisory                                   
02       groups that are necessary or considered expedient to carry out or assist in carrying out                          
03       a duty or authority assigned to it;                                                                               
04                 (3)  perform all executive or administrative duties necessary and                                       
05       advisable to carry out the purpose of this chapter, including the power to make                                   
06       contracts and to make disbursements on vouchers against funds for the purpose of this                             
07       chapter, within the limit of funds available;                                                                     
08                 (4)  study the needs of Alaska's pioneers and veterans who reside in                                
09       the home operated under this chapter and submit recommendations for new                                       
10       regulations and proposed legislation; and                                                                         
11                 (5)  prepare a biennial report in even-numbered years and notify the                                    
12       legislature that the report is available.                                                                         
13    * Sec. 4.  AS 47.55.010(d) is amended to read:                                                                     
14            (d)  The Department of Administration may employ the necessary subordinate                                   
15       officers and employees, and shall prescribe methods for operation of the home                                 
16       [PIONEERS' HOME], standards of care and service to home residents, and rules                                  
17       governing personnel and rewarding employees on a merit basis.  The methods for                                
18       operation and standards of care and services to residents prescribed under this                               
19       subsection shall be the same as the methods for operation and standards of care                               
20       established by the Department of Administration for assisted living homes                                     
21       licensed under AS 47.33.                                                                                      
22    * Sec. 5.  AS 47.55.010 is amended by adding new subsections to read:                                              
23            (e)  As provided in this subsection, a certain number of beds in the Alaska                                  
24       Pioneers' Home shall be reserved for use by veterans who meet all other qualifications                            
25       for admission to the home.  The Department of Administration shall by regulation                                  
26                 (1)  specify the number of beds reserved for use by veterans under this                                 
27       subsection; the department may not specify that more than 30 percent of the beds in a                             
28       single institution are reserved for veterans, nor that more than the percentage of the                            
29       occupied beds collectively comprising the Alaska Pioneers' Home system that were in                               
30       use by veterans on June 30, 2002, are reserved for veterans;                                                      
31                 (2)  establish procedures that                                                                          
01                      (A)  provide for a veteran to be considered for admission to an                                    
02            unreserved, unoccupied bed in the home under admission criteria in or under                                  
03            this chapter if all beds reserved under this subsection are occupied;                                        
04                      (B)  provide for a person who is not a veteran to be considered                                    
05            for admission to an unoccupied bed reserved under this subsection if no                                      
06            veteran who is qualified for admission to a reserved bed has applied for                                     
07            admission; and                                                                                               
08                      (C)  ensure that, to the extent possible, the beds reserved for use                                
09            by veterans under this subsection are occupied by veterans.                                                  
10            (f)  In this section, "veteran" means a person with 181 days or more of active                               
11       service in the armed forces of the United States, including the Alaska National Guard                             
12       or the Alaska Territorial Guard.                                                                                  
13    * Sec. 6.  AS 47.55.020(a) is amended to read:                                                                     
14            (a)  Every person residing in the state who is 65 years of age or older, has been                            
15       a resident of the state continuously for more than one year [15 YEARS] immediately                            
16       preceding application for admission, and is  in need of residence at  the home because                            
17       of physical disability or other reason, is eligible for admission under conditions                                
18       prescribed in regulations of the Department of Administration.  The spouse of a person                            
19       who is eligible for admission under other provisions of this subsection is also eligible                          
20       for admission to the home under conditions prescribed by the department if the spouse                             
21       is 65 years of age or older and has been a resident of the state continuously for more                            
22       than one year [15 YEARS] immediately preceding application for admission.  In this                            
23       subsection, "physical disability or other reason" means inability to maintain a                                   
24       household without regular assistance in shopping, housekeeping, meal preparation,                                 
25       dressing, or personal hygiene because of physical or medical impairment, infirmity, or                            
26       disability.                                                                                                       
27    * Sec. 7.  AS 47.55.020(e) is amended to read:                                                                     
28            (e)  Notwithstanding AS 47.55.070 and (b) of this section, a home resident                               
29       whose income and assets are insufficient to pay the monthly rate set under                                        
30       AS 47.55.030(b) qualifies for payment assistance if the resident is otherwise in                                  
31       compliance with requirements under this chapter.  The amount of payment assistance                                
01       shall equal the amount needed, when added to other income and assets of the resident,                             
02       to pay the monthly rate set under AS 47.55.030(b).  Payment assistance received by a                              
03       home resident is a debt to the state.  In determining the amount of payment assistance                        
04       for which a home resident qualifies, the following income and assets of the [A                            
05       PIONEERS' HOME] resident shall be disregarded:                                                                    
06                 (1)  income from any source in an amount equal to at least $100 per                                     
07       month as established by regulation of the Department of Administration;                                           
08                 (2)  the following assets received under 43 U.S.C. 1601 - 1629g [43                                 
09       U.S.C. 1601 - 1629e] (Alaska Native Claims Settlement Act):                                                       
10                      (A)  cash dividends and other income equal to at least $2,000 as                                   
11            established by regulation of the Department of Administration;                                               
12                      (B)  stock;                                                                                        
13                      (C)  noncash dividends from stock; and                                                             
14                      (D)  land;                                                                                         
15                 (3)  a permanent fund dividend issued under AS 43.23;                                                   
16                 (4)  veterans' benefits paid under 38 U.S.C. 1110 [38 U.S.C. 1114];                                 
17                 (5)  compensation to volunteers under the federal retired and senior                                    
18       volunteers (42 U.S.C. 5001), foster grandparents (42 U.S.C. 5011), and senior                                     
19       companion (42 U.S.C. 5013) programs made in accordance with 42 U.S.C. 5044(f);                                    
20                 (6)  federal World War II restitution payments made under 50 U.S.C.                                 
21       App. 1989b-4 and c-5 [50 U.S.C. 1989B-4 AND c-5];                                                             
22                 (7)  payments under AS 18.67 (crime victim compensation);                                               
23                 (8)  an amount determined by regulation of the Department of                                            
24       Administration sufficient for burial expenses of the resident, the resident's spouse, and                         
25       dependents of the resident;                                                                                       
26                 (9)  real property being used as the primary residence of the resident's                                
27       spouse or a dependent of the resident;                                                                            
28                 (10)  other real or personal property equal to at least a total value of                                
29       $5,000 as established by regulation of the Department of Administration.                                          
30    * Sec. 8.  AS 47.55.060 is amended to read:                                                                        
31            Sec. 47.55.060.  Trust fund.  Unless otherwise provided by the donor, money                                
01       bequeathed to the Alaska Pioneers' Home or to the former Alaska Pioneers' and                                 
02       Veterans' Home constitutes a special trust fund.  Unless otherwise provided by the                            
03       donor, interest from the special trust fund is under the control and at the disposal of the                       
04       Department of Administration, and expenditure from it is limited to the benefit and                               
05       comfort of the residents of the home.                                                                             
06    * Sec. 9.  AS 47.55.010(e), enacted by sec. 5 of this Act, is repealed.                                            
07    * Sec. 10.  The uncodified law of the State of Alaska is amended by adding a new section to                        
08 read:                                                                                                                   
09       PILOT PROJECT.  (a)  The Department of Administration may negotiate with the                                      
10 United States Department of Veterans Affairs for the purpose of achieving an agreement to                               
11 operate a pilot project under which, until June 30, 2005, federal veterans' per diem payments                           
12 could be used by veterans who reside in the Alaska Pioneers' Home.  The agreement must                                  
13 also provide that receipt by a veteran of the federal per diem payment may not reduce the total                         
14 home daily rate charged to the veteran, but that a veteran's per diem payment will contribute                           
15 to the cost of the veteran's care in the home.  The agreement must also provide that the pilot                          
16 project may be conducted without any need for changes in the state ownership and authority                              
17 to operate and manage the home under the state laws as they would exist after being amended                             
18 or enacted by this Act.                                                                                                 
19       (b)  The Department of Administration shall report to the legislature by January 5,                               
20 2005, on the operation of the pilot project authorized under (a) of this section.  The report                           
21 must include the department's recommendations as to whether the project should continue,                                
22 whether the project should become permanent in nature, and other matters related to the                                 
23 project, as determined by the department.                                                                               
24    * Sec. 11.  The uncodified law of the State of Alaska is amended by adding a new section to                        
25 read:                                                                                                                   
26       CHANGING THE NAME OF THE ALASKA PIONEERS' HOME AND THE                                                            
27 ALASKA PIONEERS' HOMES ADVISORY BOARD.  (a) Notwithstanding                                                             
28 AS 47.55.010(a) and any other applicable provision of law, from the effective date of this                              
29 section until July 1, 2005, the Alaska Pioneers' Home shall be known as the Alaska Pioneers'                            
30 and Veterans' Home.   Beginning July 1, 2005, the Alaska Pioneers' and Veterans' Home shall                             
31 be known as the Alaska Pioneers' Home.                                                                                  
01       (b)  Notwithstanding AS 44.21.100 and any other applicable provision of law, from                                 
02 the effective date of this section until July 1, 2005, the Alaska Pioneers' Homes Advisory                              
03 Board shall be known as the Alaska Pioneers' and Veterans' Home Advisory Board.                                         
04 Beginning July 1, 2005, the Alaska Pioneers' and Veterans' Home Advisory Board shall be                                 
05 known as the Alaska Pioneers' Home Advisory Board.                                                                      
06    * Sec. 12.  The uncodified law of the State of Alaska is amended by adding a new section to                        
07 read:                                                                                                                   
08       CONTINGENT EFFECTIVENESS.  (a)  Section 2 of this Act takes effect only if a                                      
09 version of a bill establishing the Alaska Veterans' Advisory Council is passed by the Twenty-                           
10 Second Alaska State Legislature and becomes law.                                                                        
11       (b)  Sections 1, 5, and 11 of this Act take effect only if an agreement is signed between                         
12 the federal Department of Veterans Affairs and the state Department of Administration that                              
13 authorizes the pilot project described in sec. 10 of this Act.                                                          
14    * Sec. 13.  (a)  If sec. 2 of this Act takes effect, it takes effect the day after the effective date              
15 of sec. 1 of this Act or on the effective date of the agreement described in sec. 10 of this Act,                       
16 whichever is later.                                                                                                   
17       (b)  If secs. 1, 5, and 11 of this Act take effect, they take effect on the date the                              
18 agreement described in sec. 10 of this Act is signed by both parties.  The commissioner of                              
19 administration shall notify the revisor of statutes of this date and send a copy of the agreement                       
20 to the Legislative Budget and Audit Committee and the presiding officers of the Senate and                              
21 House of Representatives.                                                                                               
22    * Sec. 14.  Sections 3, 4, 6, 7, 10, and 12 of this Act take effect immediately under                              
23 AS 01.10.070(c).                                                                                                        
24    * Sec. 15.  Sections 8 and 9 of this Act take effect July 1, 2005.