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SB 2008: "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                             SENATE BILL NO. 2008                                                                        
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 44.21.100 is amended to read:                                                                     
08            Sec. 44.21.100.  Alaska Pioneers' and Veterans' Home [HOMES] Advisory                                  
09       Board.  There is created the Alaska Pioneers' and Veterans' Home [HOMES]                                    
10       Advisory Board.                                                                                                   
11    * Sec. 2.  AS 44.21.110 is amended to read:                                                                        
12            Sec. 44.21.110.  Purpose of the board.  The board shall conduct annual                                   
13       inspections of the property and procedures of the Alaska Pioneers' and Veterans'                              
01       Home [HOMES] and recommend to the governor changes and improvements.  The                                     
02       board shall meet on an annual basis to review admissions procedures and to consider                               
03       complaints.                                                                                                       
04    * Sec. 3.  AS 44.21.120 is amended to read:                                                                        
05            Sec. 44.21.120.  Composition of the board.  (a)  The Alaska Pioneers' and                            
06       Veterans' Home [HOMES] Advisory Board consists of                                                             
07                 (1)  five [SEVEN] members appointed by the governor from among                                      
08       citizens of the state; [AND]                                                                                      
09                 (2)  one member, appointed by the governor, who                                                     
10                      (A)  is a veteran of active service in the armed forces of the                                 
11            United States, including the Alaska National Guard or the Alaska                                         
12            Territorial Guard; and                                                                                   
13                      (B)  meets the age and state residency requirements under                                      
14            AS 47.55 for admission to the Alaska Pioneers' and Veterans' Home;                                       
15                 (3)  one member, appointed by the governor, who is a veteran of                                     
16       active service in the armed forces of the United States, including the Alaska                                 
17       National Guard or the Alaska Territorial Guard; and                                                           
18                 (4)  one member who is the chair of the Alaska Commission on Aging                                  
19       established under AS 44.21.200.                                                                                   
20            (b)  The term of office of a member of the board appointed under (a)(1), (2), or                         
21       (3) of this section is four years.  A member of the board appointed under (a)(1), (2),                    
22       or (3) of this section may not serve more than eight consecutive years.  A chair shall                        
23       be elected by the voting members of the board.  The members of the board appointed                                
24       under (a)(1), (2), or (3) of this section serve at the pleasure of the governor.                              
25    * Sec. 4.  AS 44.21.120 is amended to read:                                                                        
26            Sec. 44.21.120.  Composition of the board.  (a)  The Alaska Pioneers' and                                  
27       Veterans' Home Advisory Board consists of                                                                         
28                 (1)  five members appointed by the governor from among citizens of                                      
29       the state;                                                                                                        
30                 (2)  one member, appointed by the governor, who                                                         
31                      (A)  is a veteran of active service in the armed forces of the                                     
01            United States, including the Alaska National Guard or the Alaska Territorial                                 
02            Guard; and                                                                                                   
03                      (B)  meets the age and state residency requirements under                                          
04            AS 47.55 for admission to the Alaska Pioneers' and Veterans' Home;                                           
05                 (3)  one member who is the chair of the Alaska Veterans Advisory                                    
06       Council established in AS 44.35 [, APPOINTED BY THE GOVERNOR, WHO IS A                                        
07       VETERAN OF ACTIVE SERVICE IN THE ARMED FORCES OF THE UNITED                                                       
08       STATES, INCLUDING THE ALASKA NATIONAL GUARD OR THE ALASKA                                                         
09       TERRITORIAL GUARD]; and                                                                                           
10                 (4)  one member who is the chair of the Alaska Commission on Aging                                      
11       established under AS 44.21.200.                                                                                   
12            (b)  The term of office of a member of the board appointed under (a)(1) or (2)                           
13       [(a)(1), (2), OR (3)] of this section is four years.  A member of the board appointed                             
14       under (a)(1) or (2) [(a)(1), (2), OR (3)] of this section may not serve more than eight                       
15       consecutive years.  A chair shall be elected by the voting members of the board.  The                             
16       members of the board appointed under (a)(1) or (2) [(a)(1), (2), OR (3)] of this section                      
17       serve at the pleasure of the governor.                                                                            
18    * Sec. 5.  AS 44.21.200(a) is amended to read:                                                                     
19            (a)  The Alaska Commission on Aging is established in the Department of                                      
20       Administration.  The members of the commission include                                                            
21                 (1)  the commissioner of administration or the commissioner's                                           
22       designee;                                                                                                         
23                 (2)  the commissioner of community and economic development or the                                      
24       commissioner's designee;                                                                                          
25                 (3)  the commissioner of health and social services or the                                              
26       commissioner's designee;                                                                                          
27                 (4)  the chair of the Alaska Pioneers' and Veterans' Home [HOMES]                               
28       Advisory Board under AS 44.21.120; and                                                                            
29                 (5)  seven persons selected on the basis of their knowledge and                                         
30       demonstrated interest in the concerns of older Alaskans, appointed by the governor in                             
31       accordance with (b) of this section.                                                                              
01    * Sec. 6.  AS 47.55.010(a) is amended to read:                                                                     
02            (a)  The state shall maintain institutions known collectively as the Alaska                                  
03       Pioneers' and Veterans' Home.  Pioneers' and Veterans' Homes  shall be maintained                         
04       at Sitka and at other  sites designated by the commissioner of administration.                                    
05    * Sec. 7.  AS 47.55.010(c) is amended to read:                                                                     
06            (c)  The Department of Administration shall                                                                  
07                 (1)  cooperate with the federal government in matters pertaining to the                                 
08       welfare of Alaska [ALASKAN] pioneers and veterans, make the reports in the form                           
09       and containing the information the federal government from time to time desires, and                              
10       accept funds allotted by the federal government, its agencies, or its instrumentalities                   
11       [,] in establishing, extending, and strengthening services for pioneers and veterans of                       
12       Alaska;                                                                                                           
13                 (2)  adopt regulations necessary for the conduct of the business of the                                 
14       home [PIONEERS' HOME] and for carrying out the provisions of this chapter,                                    
15       require bonds and undertakings from persons employed by it as in its judgment are                                 
16       necessary, and pay the premiums on them, and establish regional and local offices and                             
17       the advisory groups that are necessary or considered expedient to carry out or assist in                          
18       carrying out a duty or authority assigned to it;                                                                  
19                 (3)  perform all executive or administrative duties necessary and                                       
20       advisable to carry out the purpose of this chapter, including the power to make                                   
21       contracts and to make disbursements on vouchers against funds for the purpose of this                             
22       chapter, within the limit of funds available;                                                                     
23                 (4)  study the needs of Alaska's pioneers and veterans and submit                                   
24       recommendations for new regulations and proposed legislation; and                                                 
25                 (5)  prepare a biennial report in even-numbered years and notify the                                    
26       legislature that the report is available.                                                                         
27    * Sec. 8.  AS 47.55.010(d) is amended to read:                                                                     
28            (d)  The Department of Administration may employ the necessary subordinate                                   
29       officers and employees, and shall prescribe methods for operation of the home                                 
30       [PIONEERS' HOME], standards of care and service to home residents, and rules                                  
31       governing personnel and rewarding employees on a merit basis.                                                     
01    * Sec. 9.  AS 47.55.010 is amended by adding new subsections to read:                                              
02            (e)  As provided in this subsection, a certain number of beds in the Alaska                                  
03       Pioneers' Home shall be reserved for use by veterans who meet all other qualifications                            
04       for admission to the home.  The Department of Administration shall by regulation                                  
05                 (1)  specify the number of beds reserved for use by veterans under this                                 
06       subsection; the department may not specify that more than 30 percent of the beds in a                             
07       single institution, nor more than 21 percent of the beds collectively comprising the                              
08       Alaska Pioneers' Home system, are reserved for use by veterans;                                                   
09                 (2)  establish procedures that                                                                          
10                      (A)  provide for a veteran to be considered for admission to an                                    
11            unreserved, unoccupied bed in the home under admission criteria in or under                                  
12            this chapter if all beds reserved under this subsection are occupied;                                        
13                      (B)  provide for a person who is not a veteran to be considered                                    
14            for admission to an unoccupied bed reserved under this subsection if no                                      
15            veteran who is qualified for admission to a reserved bed has applied for                                     
16            admission; and                                                                                               
17                      (C)  ensure that, to the extent possible, the beds reserved for use                                
18            by veterans under this subsection are occupied by veterans.                                                  
19            (f)  In this section, "veteran" means a person with 181 days or more of active                               
20       service in the armed forces of the United States, including the Alaska National Guard                             
21       or the Alaska Territorial Guard.                                                                                  
22    * Sec. 10.  AS 47.55.020(a) is amended to read:                                                                    
23            (a)  Every person residing in the state who is 65 years of age or older, has been                            
24       a resident of the state continuously for more than one year [15 YEARS] immediately                            
25       preceding application for admission, and is  in need of residence at  the home because                            
26       of physical disability or other reason, is eligible for admission under conditions                                
27       prescribed in regulations of the Department of Administration.  The spouse of a person                            
28       who is eligible for admission under other provisions of this subsection is also eligible                          
29       for admission to the home under conditions prescribed by the department if the spouse                             
30       is 65 years of age or older and has been a resident of the state continuously for more                            
31       than one year [15 YEARS] immediately preceding application for admission.  In this                            
01       subsection, "physical disability or other reason" means inability to maintain a                                   
02       household without regular assistance in shopping, housekeeping, meal preparation,                                 
03       dressing, or personal hygiene because of physical or medical impairment, infirmity, or                            
04       disability.                                                                                                       
05    * Sec. 11.  AS 47.55.020(b) is amended to read:                                                                    
06            (b)  A home resident [EVERY PERSON ADMITTED TO THE PIONEERS'                                             
07       HOME] who receives income from any source in excess of $100 per month may be                                      
08       required by the Department of Administration to pay the excess to the department                                  
09       immediately upon receipt of the money in payment, or part payment, of the cost of the                             
10       person's care.  However, the department may not require in any month the payment of                               
11       an amount greater than the monthly rate set under AS 47.55.030(b) except to satisfy an                            
12       indebtedness incurred under AS 47.55.070. The department may not evict a person                                   
13       from the home [PIONEERS' HOME] if the income and assets of the person are                                     
14       insufficient to pay the monthly rate set under AS 47.55.030(b) and the person is                                  
15       otherwise in compliance with requirements under this chapter.                                                     
16    * Sec. 12.  AS 47.55.020(e) is amended to read:                                                                    
17            (e)  Notwithstanding AS 47.55.070 and (b) of this section, a home resident                               
18       whose income and assets are insufficient to pay the monthly rate set under                                        
19       AS 47.55.030(b) qualifies for payment assistance if the resident is otherwise in                                  
20       compliance with requirements under this chapter.  The amount of payment assistance                                
21       shall equal the amount needed, when added to other income and assets of the resident,                             
22       to pay the monthly rate set under AS 47.55.030(b). Payment assistance received by a                               
23       home resident is a debt to the state. In determining the amount of payment assistance                         
24       for which a home resident qualifies, the following income and assets of the [A                            
25       PIONEERS' HOME] resident shall be disregarded:                                                                    
26                 (1)  income from any source in an amount equal to at least $100 per                                     
27       month as established by regulation of the Department of Administration;                                           
28                 (2)  the following assets received under 43 U.S.C. 1601 - 1629g [43                                 
29       U.S.C. 1601 - 1629E] (Alaska Native Claims Settlement Act):                                                       
30                      (A)  cash dividends and other income equal to at least $2,000 as                                   
31            established by regulation of the Department of Administration;                                               
01                      (B)  stock;                                                                                        
02                      (C)  noncash dividends from stock; and                                                             
03                      (D)  land;                                                                                         
04                 (3)  a permanent fund dividend issued under AS 43.23;                                                   
05                 (4)  veterans' benefits paid under 38 U.S.C. 1110 [38 U.S.C. 1114];                                 
06                 (5)  compensation to volunteers under the federal retired and senior                                    
07       volunteers (42 U.S.C. 5001), foster grandparents (42 U.S.C. 5011), and senior                                     
08       companion (42 U.S.C. 5013) programs made in accordance with 42 U.S.C. 5044(f);                                    
09                 (6)  federal World War II restitution payments made under 50 U.S.C.                                 
10       App. 1989b-4 and c-5 [50 U.S.C. 1989B-4 AND c-5];                                                             
11                 (7)  payments under AS 18.67 (crime victim compensation);                                               
12                 (8)  an amount determined by regulation of the Department of                                            
13       Administration sufficient for burial expenses of the resident, the resident's spouse, and                         
14       dependents of the resident;                                                                                       
15                 (9)  real property being used as the primary residence of the resident's                                
16       spouse or a dependent of the resident;                                                                            
17                 (10)  for a home resident who has no spouse or dependent and who                                    
18       has not been admitted to a permanent bed at the home, real property being used                                
19       as the resident's primary residence;                                                                          
20                 (11)  other real or personal property equal to at least a total value of                            
21       $5,000 as established by regulation of the Department of Administration.                                          
22    * Sec. 13.  AS 47.55.030(b) is amended to read:                                                                    
23            (b)  The Department of Administration shall adopt regulations establishing a                                 
24       monthly rate for the compensation a home resident is to be charged under (a) of this                          
25       section.  The rate charged need not fully compensate the state for the cost of care and                           
26       support.  The commissioner of administration shall review the rate each year.                                     
27    * Sec. 14.  AS 47.55.030(c) is amended to read:                                                                    
28            (c)  The Department of Administration shall provide to all home residents [OF                            
29       THE PIONEERS' HOME] written notice of any proposed change in the rate charged                                     
30       for care and support of persons at the home.  Notice under this section shall be given                            
31       not less than 60 days before a change is adopted.  The notice must include the time,                              
01       date, and place of a hearing to be held by the Department of Administration under (d)                             
02       of this section.  The department may not change the rate charged more than once in a                              
03       fiscal year.                                                                                                      
04    * Sec. 15.  AS 47.55.060 is amended to read:                                                                       
05            Sec. 47.55.060.  Trust fund.  Unless otherwise provided by the donor, money                                
06       bequeathed to the former Alaska Pioneers' Home or to the Alaska Pioneers' and                             
07       Veterans' Home constitutes a special trust fund.  Unless otherwise provided by the                            
08       donor, interest from the special trust fund is under the control and at the disposal of the                       
09       Department of Administration, and expenditure from it is limited to the benefit and                               
10       comfort of the residents of the home.                                                                             
11    * Sec. 16.  AS 47.55.080 is amended to read:                                                                       
12            Sec. 47.55.080.  Enforcement against estate.  If a home resident                                       
13       [BENEFICIARY UNDER THIS CHAPTER] dies leaving an estate in the United                                         
14       States [STATE], the attorney general or the Department of Administration shall file                           
15       with the executor or administrator, or with the probate court, the claim of the state                             
16       against the estate, and the attorney general or the Department of Administration                              
17       shall take the steps necessary to enforce and collect the claim.  Money collected shall                           
18       be paid into the treasury of the state.                                                                           
19    * Sec. 17.  AS 47.55.095 is amended to read:                                                                       
20            Sec. 47.55.095.  Limitation on enforcement of claims against estate.                                     
21       Notwithstanding AS 47.55.080 [AND 47.55.090], upon the death of a home                                        
22       [PIONEERS' HOME] resident [OR OF A RECIPIENT OF DAY CARE OR RESPITE                                               
23       SERVICES], a state claim for unpaid debt owed to the home [PIONEERS' HOME]                                    
24       may be satisfied only out of the decedent's estate.  The state may not pursue a claim to                          
25       the extent doing so would work undue hardship, as determined by regulation of the                                 
26       Department of Administration, on the surviving spouse or dependent of the decedent.                               
27       Family portraits and heirlooms of the type identified under AS 09.38.020(a)(3),                                   
28       without regard to value, may not be taken by the state in satisfaction of a debt to the                           
29       home [PIONEERS' HOME].                                                                                        
30    * Sec. 18.  AS 47.55 is amended by adding a new section to read:                                                   
31            Sec. 47.55.990.  Definitions.  In this chapter, unless the context otherwise                               
01       requires, "home" means the Alaska Pioneers' and Veterans' Home.                                                   
02    * Sec. 19.  AS 47.55.035, 47.55.040, and 47.55.090 are repealed.                                                   
03    * Sec. 20.  The uncodified law of the State of Alaska is amended by adding a new section to                        
04 read:                                                                                                                   
05       TRANSITION:  REGULATIONS.  The Department of Administration may                                                   
06 immediately proceed to adopt regulations necessary to implement the changes made by this                                
07 Act.  The regulations take effect under AS 44.62 (Administrative Procedure Act), but not                                
08 before the effective date of the statutory change.                                                                      
09    * Sec. 21.  The uncodified law of the State of Alaska is amended by adding a new section to                        
10 read:                                                                                                                   
11       SURVEY AND EVALUATION.  Subject to the availability of an appropriation for                                       
12 the purpose of this section, the Department of Administration shall survey and evaluate                                 
13 certain housing and care needs of veterans in this state that are not met by the Alaska                                 
14 Pioneers' Home.  The Department of Administration shall report to the governor and the                                  
15 legislature on the results of the survey and evaluation no later than the first day of the Second                       
16 Regular Session of the Twenty-Third Alaska State Legislature.                                                           
17    * Sec. 22.  The uncodified law of the State of Alaska is amended by adding a new section to                        
18 read:                                                                                                                   
19       REVISOR INSTRUCTIONS.  (a)  When consistent with the changes in this Act, the                                     
20 revisor of statutes is instructed to change references to "Alaska Pioneers' Home" to read                               
21 "Alaska Pioneers' and Veterans' Home" in the Alaska Statutes, including the following:                                  
22            (1)  AS 08.68.395(g)(2) and AS 08.70.080;                                                                    
23            (2)  AS 15.05.020(1);                                                                                        
24            (3)  AS 18.07.111(8)(A);                                                                                     
25            (4)  AS 36.30.990(1)(A);                                                                                     
26            (5)  AS 37.05.146(b)(4)(EE) and 37.05.990(2);                                                                
27            (6)  AS 37.07.120(1);                                                                                        
28            (7)  AS 39.25.120(c)(8);                                                                                     
29            (8)  AS 44.21.020(9);                                                                                        
30            (9)  AS 47.25.140.                                                                                           
31       (b)  When consistent with the changes in this Act, the revisor of statutes is instructed                          
01 to change references to "Pioneers' Home" to "Alaska Pioneers' and Veterans' Home" in the                                
02 Alaska Statutes, including the following:                                                                               
03            (1)  AS 17.37.070(6)(B);                                                                                     
04            (2)  AS 18.35.300(11);                                                                                       
05            (3)  chapter heading of AS 47.55;                                                                            
06            (4)  section heading of AS 47.55.070.                                                                        
07       (c)  The revisor of statutes is instructed to change the heading of article 2 of AS 44.21                         
08 from "Article 2.  Pioneers' Homes Advisory Board" to "Article 2.  Alaska Pioneers' and                                  
09 Veterans' Home Advisory Board."                                                                                         
10    * Sec. 23.  The uncodified law of the State of Alaska is amended by adding a new section to                        
11 read:                                                                                                                   
12       REGULATIONS ATTORNEY INSTRUCTIONS.  Wherever in the Alaska                                                        
13 Administrative Code the terms "Alaska Pioneers' Home," "state pioneer home," and "pioneers'                             
14 home" are used, they shall be read as "Alaska Pioneers' and Veterans' Home" when to do so                               
15 would be consistent with the changes in this Act.  Under AS 44.62.125(b)(6), the regulations                            
16 attorney is instructed to make changes in the Alaska Administrative Code consistent with this                           
17 section.                                                                                                                
18    * Sec. 24.  The uncodified law of the State of Alaska is amended by adding a new section to                        
19 read:                                                                                                                   
20       CONTINGENT EFFECTIVENESS.  (a)  Section 4 of this Act takes effect only if a                                      
21 version of a bill establishing the Alaska Veterans' Advisory Council is passed by the Twenty-                           
22 Second Alaska State Legislature and becomes law.                                                                        
23       (b)  Sections 1 - 19, 22, and 23 of this Act take effect only if an agreement is signed                           
24 between the federal Department of Veterans Affairs and the state Department of                                          
25 Administration that includes a stipulation that federal regulations and laws in effect at the                           
26 time the agreement is signed will be construed by the Department of Veterans Affairs to allow                           
27 use of veterans' per diem payments from the Department of Veterans Affairs by veterans who                              
28 reside in the Alaska Pioneers' and Veterans' Home without any need for changes in the state                             
29 ownership and authority to operate and manage the home under the state laws as they would                               
30 exist after being amended by this Act.                                                                                  
31    * Sec. 25.  Sections 20 and 21 of this Act take effect immediately under AS 01.10.070(c).                          
01    * Sec. 26.  (a)  If sec. 4 of this Act takes effect, it takes effect the day after the effective date              
02 of sec. 3 of this Act or on the effective date of the Act described in sec. 24(a) of this Act,                          
03 whichever is later.                                                                                                   
04       (b)  If secs. 1 - 19, 22, and 23 of this Act take effect, they take effect on the date the                        
05 agreement described in sec. 24(b) of this Act is signed by both parties.  The commissioner of                           
06 administration shall notify the revisor of statutes of this date and send a copy of the agreement                       
07 to the Legislative Budget and Audit Committee and the presiding officers of the Senate and                              
08 House of Representatives.