00 SENATE BILL NO. 293 01 "An Act relating to diversion payments, wage subsidies, cash assistance, and self- 02 sufficiency services provided under the Alaska temporary assistance program; relating 03 to the food stamp program; relating to child support cases that include persons who 04 receive cash assistance or self-sufficiency services under the Alaska temporary 05 assistance program; and providing for an effective date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07  * Section 1. AS 25.20.050(f) is amended to read: 08 (f) The child support enforcement agency may recover the costs of testing 09 ordered under (e) of this section from the alleged father unless the testing establishes 10 that the individual is not the father, except that costs may not be recovered from a 11 person who is a recipient of cash assistance or self-sufficiency services under 12 AS 47.27 (Alaska temporary assistance program). For purposes of this subsection, a  13 person who receives a diversion payment and self-sufficiency services under  01 AS 47.27.026 is not considered to be a recipient of cash assistance or self- 02 sufficiency services under AS 47.27. 03  * Sec. 2. AS 25.27.165(i) is amended to read: 04 (i) The agency may recover any costs it pays for genetic tests required by this 05 section from the putative father unless the testing establishes that the individual is not 06 the father, except that costs may not be recovered from a person who is a recipient of 07 cash assistance or self-sufficiency services under AS 47.27 (Alaska temporary 08 assistance program). For purposes of this subsection, a person who receives a  09 diversion payment and self-sufficiency services under AS 47.27.026 is not  10 considered to be a recipient of cash assistance or self-sufficiency services under  11 AS 47.27. 12  * Sec. 3. AS 25.27.900 is amended by adding a new paragraph to read: 13 (13) "assistance under AS 47.27," "assistance granted under 14 AS 47.27," or "assistance paid on behalf of the obligee under AS 47.27" means cash 15 assistance provided under AS 47.27 (Alaska temporary assistance program). 16  * Sec. 4. AS 29.45.650(f) is amended to read: 17 (f) A borough may not levy and collect a sales tax on a purchase made with 18 (1) food coupons, food stamps, or other type of allotment [CERTIFICATE] issued 19 under 7 U.S.C. 2011 - 2036 (Food Stamp Program) [7 U.S.C. 2011 - 2025 (FOOD 20 STAMP ACT)]; or (2) food instruments, food vouchers, or other type of certificate 21 issued under 42 U.S.C. 1786 (Special Supplemental Food Program for Women, 22 Infants, and Children). For purposes of this subsection, the value of a food stamp  23 allotment paid in the form of a wage subsidy as authorized under AS 47.25.975(b)  24 is not considered to be an allotment issued under 7 U.S.C. 2011 - 2036 (Food  25 Stamp Program). This subsection applies to home rule and general law 26 municipalities. 27  * Sec. 5. AS 29.45.700(d) is amended to read: 28 (d) A city that levies and collects sales and use taxes under (a) of this section 29 may not levy and collect a sales tax on a purchase made with (1) food coupons, food 30 stamps, or other types of allotments [CERTIFICATES] issued under 7 U.S.C. 2011 -  31 2036 (Food Stamp Program) [7 U.S.C. 2011 - 2025 (FOOD STAMP ACT)]; or (2) 01 food instruments, food vouchers, or other type of certificate issued under 42 U.S.C. 02 1786 (Special Supplemental Food Program for Women, Infants, and Children). For  03 purposes of this subsection, the value of a food stamp allotment paid in the form  04 of a wage subsidy as authorized under AS 47.25.975(b) is not considered to be an  05 allotment issued under 7 U.S.C. 2011 - 2036 (Food Stamp Program). This 06 subsection applies to home rule and general law municipalities. 07  * Sec. 6. AS 47.05.010 is amended to read: 08 Sec. 47.05.010. Duties of department. The Department of Health and Social 09 Services shall 10 (1) administer adult public assistance, the Alaska temporary assistance 11 program, and all other assistance programs, and receive and spend money made 12 available to it; 13 (2) adopt regulations necessary for the conduct of its business and for 14 carrying out federal and state laws granting adult public assistance, temporary cash 15 assistance, diversion payments, or self-sufficiency services for needy families under 16 the Alaska temporary assistance program, and other assistance; 17 (3) establish minimum standards for personnel employed by the 18 department and adopt necessary regulations to maintain those standards; 19 (4) require those bonds and undertakings from persons employed by it 20 which in its judgment are necessary, and pay the premiums on them; 21 (5) cooperate with the federal government in matters of mutual 22 concern pertaining to adult public assistance, the Alaska temporary assistance 23 program, and other forms of public assistance; 24 (6) make the reports, in the form and containing the information, that 25 the federal government from time to time requires; 26 (7) cooperate with the federal government, its agencies or 27 instrumentalities in establishing, extending, and strengthening services for the 28 protection and care of homeless, dependent, and neglected children in danger of 29 becoming delinquent, and receive and expend funds available to the department by the 30 federal government, the state or its political subdivisions for that purpose; 31 (8) cooperate with the federal government in adopting state plans to 01 make the state eligible for federal matching in appropriate categories of assistance, and 02 in all matters of mutual concern, including adoption of the methods of administration 03 that are found by the federal government to be necessary for the efficient operation of 04 welfare programs; 05 (9) adopt regulations, not inconsistent with law, defining need, 06 prescribing the conditions of eligibility for assistance, and establishing standards for 07 determining the amount of assistance that an eligible person is entitled to receive; the 08 amount of the assistance is sufficient when, added to all other income and resources 09 available to an individual, it provides the individual with a reasonable subsistence 10 compatible with health and well-being; an individual who meets the requirements for 11 eligibility for assistance shall be granted the assistance promptly upon application for 12 it; 13 (10) grant to a person claiming or receiving assistance and who is 14 aggrieved because of the department's action or failure to act, reasonable notice and an 15 opportunity for a fair hearing by the department, and the department shall adopt 16 regulations relative to this; 17 (11) enter into reciprocal agreements with other states relative to 18 public assistance, welfare services, and institutional care that are considered advisable; 19 (12) establish the requirements of residence for public assistance, 20 welfare services, and institutional care that are considered advisable, subject to the 21 limitations of other laws of the state, or law or regulation imposed as conditions for 22 federal financial participation; 23 (13) establish the divisions and local offices that are considered 24 necessary or expedient to carry out a duty or authority assigned to it and appoint and 25 employ the assistants and personnel that are necessary to carry on the work of the 26 divisions and offices, and fix the compensation of the assistants or employees except 27 that a person engaged in business as a retail vendor of general merchandise, or a 28 member of the immediate family of a person who is so engaged, may not serve as an 29 acting, temporary or permanent local agent of the department, unless the 30 commissioner of health and social services certifies in writing to the governor, with 31 relation to a particular community, that no other qualified person is available in the 01 community to serve as local welfare agent; for the purposes of this paragraph, a 02 "member of the immediate family" includes a spouse, child, parent, brother, sister, 03 parent-in-law, brother-in-law or sister-in-law; 04 (14) provide education and health-related services and referrals 05 designed to reduce the number of out-of-wedlock pregnancies and the number of 06 induced pregnancy terminations in the state; 07 (15) investigate reports of abuse, neglect, or misappropriation of 08 property by certified nurse aides in facilities licensed by the department under 09 AS 18.20. 10  * Sec. 7. AS 47.05.020(a) is amended to read: 11 (a) The power of the department to adopt regulations includes the power to 12 adopt and enforce reasonable regulations governing the custody, use, and preservation 13 of the records, papers, files, and communications of the department. The regulations 14 must provide that financial information concerning an eligibility determination of a 15 person applying for or receiving cash assistance, a diversion payment, or self- 16 sufficiency services under the Alaska temporary assistance program shall be disclosed 17 to a legislator on request of the legislator in connection with official purposes within 18 the scope of the legislator's legislative functions and related to the administration of 19 the program consistent with federal law. When, under the law, names and addresses 20 of recipients of public assistance are furnished to or held by another agency or 21 department of government, the agency or department of government shall adopt 22 regulations necessary to prevent the publication of the lists or their use for purposes 23 not directly connected with the administration of public assistance and legislative 24 functions. A legislator to whom information relating to the Alaska temporary 25 assistance program is disclosed under this section may not further disclose the 26 information except to another legislator and then only in connection with official 27 purposes within each legislator's legislative functions and related to the administration 28 of the program consistent with federal law. 29  * Sec. 8. AS 47.05.030(b) is amended to read: 30 (b) It is not a violation of (a) of this section for the department or an employee 31 of the department to disclose to a legislator, or for a legislator to solicit, receive, or 01 make use of, financial information concerning an eligibility determination of a person 02 applying for or receiving cash assistance, a diversion payment, or self-sufficiency  03 services under the Alaska temporary assistance program if the disclosure, solicitation, 04 receipt, and use are for official purposes in connection with the legislator's official 05 functions and related to the administration of the program consistent with federal law. 06 Information provided to a legislator under this subsection shall remain confidential 07 and may not be further disclosed except as provided in AS 47.05.020. 08  * Sec. 9. AS 47.25.975(b) is amended to read: 09 (b) Householders determined by the department to be eligible for assistance 10 under the food stamp program may obtain food stamp allotments; however, under  11 regulations adopted by the department, a householder may receive all or part of  12 the value of the food stamp allotment in the form of a wage subsidy under  13 AS 47.27.025(e) if  14 (1) the householder is a member of a family eligible for the Alaska  15 temporary assistance program under AS 47.27; and  16 (2) the department determines that the wage subsidy authorized  17 under this subsection would aid the householder in the successful completion of  18 the family self-sufficiency plan under AS 47.27.030 [COUPONS]. 19  * Sec. 10. AS 47.25.975(c) is amended to read: 20 (c) Food stamp allotments, other than a wage subsidy authorized under  21 (b) of this section, [COUPONS] shall be used to purchase food from retail food stores 22 that have been approved for participation in the food stamp program. Eligible 23 households living in certain remote areas shall be permitted to purchase certain items 24 of hunting and fishing equipment for the purpose of procuring food for the household, 25 except firearms, ammunition, and other explosives, in accordance with regulations that 26 the Secretary of Agriculture adopts. 27  * Sec. 11. AS 47.25.980(e) is amended to read: 28 (a) The department shall 29 (1) adopt regulations necessary to carry out the food stamp program; 30 (2) cooperate with the federal government and do all things necessary 31 to continue state eligibility under the food stamp program; 01 (3) comply with the requirements of 7 U.S.C. 2011 - 2036 (Food  02 Stamp Program) [7 U.S.C. 2011-2025 (FOOD STAMP ACT)]. 03  * Sec. 12. AS 47.25.985(a) is amended to read: 04 (a) A person is guilty of a misdemeanor if the person [:] 05 (1) knowingly acquires, possesses, uses, alters, or transfers food stamp  06 allotments [COUPONS OR AUTHORIZATION TO PURCHASE FOOD 07 COUPONS] in violation of AS 47.25.975 - 47.25.980 or the regulations adopted under 08 AS 47.25.980; 09 (2) presents food stamp allotments [COUPONS] or causes them to be 10 presented for payment or redemption knowing them to have been transferred, 11 received, altered, or used in a manner violating AS 47.25.975 - 47.25.980 or the 12 regulations adopted under AS 47.25.980. 13 (3) knowingly acquires, uses, alters, or transfers a wage subsidy  14 authorized under AS 47.25.975(b) in violation of AS 47.25.975 - 47.25.980,  15 AS 47.27.025(e), or the regulations adopted under AS 47.25.980 or  16 AS 47.27.025(e) [REPEALED]. 17  * Sec. 13. AS 47.25.990(3) is amended to read: 18 (3) "food stamp allotments [COUPONS]" means any coupon, stamp,  19 electronic benefit, or type of allotment [CERTIFICATE] issued under 7 U.S.C. 2011  20 - 2036 (Food Stamp Program) [7 U.S.C. 2011-2025 (FOOD STAMP ACT)]; 21  * Sec. 14. AS 47.25.990(4) is amended to read: 22 (4) "food stamp program" means the federal food stamp program 23 authorized by 7 U.S.C. 2011 - 2036 [7 U.S.C. 2011-2025]; 24  * Sec. 15. AS 47.27.005 is amended to read: 25 Sec. 47.27.005. Duties of the department. The department shall 26 (1) administer the Alaska temporary assistance program by providing 27 cash assistance, diversion payments, [WITH BASIC LIVING EXPENSES] and self- 28 sufficiency services to needy children and their families under this chapter and, if 29 appropriate, by establishing regional public assistance programs to provide effectively 30 for varying conditions in regions of the state designated by the department; 31 (2) establish, by regulation, program standards for [THAT WILL 01 PROVIDE] incentives to work, incentives for financial planning, cash assistance,  02 diversion payments, self-sufficiency services, and other opportunities to develop 03 self-sufficiency [WHILE PROVIDING ASSISTANCE WITH BASIC LIVING 04 EXPENSES]; 05 (3) prepare, submit to the federal government, and amend, if necessary, 06 a state plan designed to ensure that federal money is available to the state for the 07 operation of the program set out in this chapter to provide cash assistance, diversion  08 payments, [FOR BASIC LIVING EXPENSES] and self-sufficiency services to needy 09 children and their families consistent with the state objectives identified in (2) of this 10 section; 11 (4) adopt methods of program administration to ensure consistency 12 with the federal requirements under a successor federal program that replaces the aid 13 to families with dependent children program; 14 (5) make reports regarding the program to the federal government as 15 required under federal law, in the form and containing the information required, and 16 comply with the provisions that the federal government determines are necessary to 17 ensure correct and verifiable information on the program; 18 (6) provide to the legislature an annual executive summary of the 19 information required to be reported to the federal government under (5) of this section; 20 (7) conduct studies and research in order to evaluate and monitor the 21 effectiveness of the state program; and 22 (8) adopt regulations and take action to implement, interpret, and 23 administer the provisions of this chapter. 24  * Sec. 16. AS 47.27.010 is amended to read: 25 Sec. 47.27.010. Eligible families. The following families may apply [FOR 26 ASSISTANCE] under the Alaska temporary assistance program: 27 (1) a single parent who has the physical custody of one or more related 28 dependent children; 29 (2) a caretaker of one or more dependent children who is a relative to 30 at least the fifth degree; 31 (3) a woman in the last trimester of pregnancy; [OR] 01 (4) a two-parent family with physical custody of one or more related 02 dependent children. 03  * Sec. 17. AS 47.27.015(a) is amended to read: 04 (a) A family is not eligible for cash assistance under the Alaska temporary 05 assistance program if the family includes an adult who 06 (1) has received cash assistance [BENEFITS] under the Alaska 07 temporary assistance program, or a program of another state operated under a federal 08 assistance grant program for needy families, for a total of 60 months as the caretaker 09 or spouse of a caretaker of a dependent child or as a pregnant woman, unless the 10 caretaker or pregnant woman is 11 (A) a person who the department has reasonable cause to 12 believe is or recently has been the victim of domestic violence, as defined in 13 AS 18.66.990, and the physical, mental, or emotional well-being of the victim 14 would be endangered by a strict application of the time limit otherwise 15 applicable under this subsection; 16 (B) determined, under regulations of the department to be 17 physically or mentally unable to perform gainful activity; 18 (C) a parent who is providing care for a child who is 19 experiencing a disability; or 20 (D) a family determined by the department to be exempt from 21 this paragraph by reason of hardship; or 22 (2) is determined to be fleeing to avoid prosecution, custody, or 23 confinement after conviction, in this or another jurisdiction, for a crime that is 24 classified as a felony or a class A misdemeanor under AS 11 or the criminal laws of 25 the jurisdiction where the criminal activity was committed. 26  * Sec. 18. AS 47.27.015(b) is amended to read: 27 (b) A family is not eligible for cash assistance or self-sufficiency services 28 under this chapter for a period of 120 months beginning on the date the adult applicant 29 for the family is convicted of having fraudulently misrepresented the applicant's 30 residence in order to receive cash assistance or self-sufficiency services in more than 31 one state under a program financed with federal money under any successor federal 01 program that replaces the aid to families with dependent children program. 02  * Sec. 19. AS 47.27.015(c) is amended to read: 03 (c) A family is not eligible for cash assistance for the following time periods 04 if the family's demonstrated need for cash assistance is due to a refusal of or voluntary 05 separation from suitable employment by the adult applicant, or a custodial parent or 06 caretaker, without good cause: 07 (1) one month for the first refusal or separation without good cause; 08 (2) six months for the second refusal or separation without good cause; 09 and 10 (3) 12 months for the third and subsequent refusal or separation 11 without good cause. 12  * Sec. 20. AS 47.27.015(d) is amended to read: 13 (d) A family is not eligible for cash assistance or self-sufficiency services for 14 up to 12 months if the family's demonstrated need is due to an intentional transfer of 15 an asset or assets at less than fair market value for the purpose of establishing 16 eligibility for cash assistance or self-sufficiency services. A period of ineligibility 17 shall begin on the first day of the month following the transfer of the asset or assets 18 and shall remain in effect for a number of months equal to the fair market value of the 19 transferred asset or assets divided by the maximum payment amount for the family as 20 established under AS 47.27.025, or for 12 months, whichever is less. 21  * Sec. 21. AS 47.27.015(e) is amended to read: 22 (e) An Alaska temporary assistance program applicant or participant who is 23 administratively disqualified for making a false statement or misrepresentation 24 knowing it was false, or for knowingly failing to disclose a material fact, in order to 25 obtain or increase cash assistance or self-sufficiency services under this chapter is not 26 eligible to receive cash assistance or self-sufficiency services under this chapter for a 27 period of 28 (1) six months following the first disqualification; 29 (2) 12 months following the second disqualification; and 30 (3) permanently following the third disqualification. 31  * Sec. 22. AS 47.27.015(g) is amended to read: 01 (g) A person who is an alien is not eligible for cash assistance under this 02 chapter unless the person is a qualified alien under 8 U.S.C. 1641 or an alien excepted 03 under 8 U.S.C. 1612(b). However, a qualified alien may only be eligible for cash 04 assistance under this chapter if the person is not precluded by the limited eligibility 05 provision of 8 U.S.C. 1613. 06  * Sec. 23. AS 47.27.015(h) is amended to read: 07 (h) When determining under (a)(1) of this section whether an adult has 08 received cash assistance [BENEFITS] for a total of 60 months, the department shall 09 disregard the months that are required to be disregarded under 42 U.S.C. 608(a)(7)(D). 10  * Sec. 24. AS 47.27.020(a) is amended to read: 11 (a) An applicant [FOR ASSISTANCE] under the Alaska temporary assistance 12 program shall complete an application in writing, or by electronic means, and in a 13 form specified by the department. The applicant must be a pregnant woman or an 14 individual who has physical custody of the dependent child or children. The 15 application must be complete and must provide all of the information about the family 16 and the child or children that is requested by the department. The applicant shall 17 provide all supporting documentation for verification that the department determines 18 to be necessary to establish eligibility. 19  * Sec. 25. AS 47.27.020(b) is amended to read: 20 (b) On the application, each applicant shall attest to whether the family, at any 21 time, has received cash assistance or self-sufficiency services from another state 22 program that was established with federal money under any successor federal program 23 that replaces the aid to families with dependent children program and whether the 24 family has ever been disqualified from receiving cash assistance or self-sufficiency  25 services under a successor federal program that replaces aid to families with 26 dependent children for the period for which the application has been submitted. 27  * Sec. 26. AS 47.27.020(d) is amended to read: 28 (d) An applicant shall acknowledge the assignment of support rights as 29 required by AS 47.27.040(a) and shall agree to cooperate with the child support 30 enforcement agency of the Department of Revenue to the extent required under 31 AS 47.27.040(b). The applicant shall agree to report all child support payments 01 received directly by the family, during or for a period for which the family is receiving 02 cash assistance under this chapter, to the department within 15 days after receipt of 03 those payments. 04  * Sec. 27. AS 47.27.025(a) is amended to read: 05 (a) The department shall provide cash assistance [FOR BASIC LIVING 06 EXPENSES] to families that establish eligibility based on a determination of need that 07 considers the family's available income, assets, and other resources, as established by 08 the department in regulation. Each dependent child in the family is eligible for cash 09 assistance except as otherwise provided in AS 47.27.015 or 47.27.027(b), and cash 10 assistance received as a dependent child does not count against eligibility for cash 11 assistance under this chapter as a caretaker or spouse of a caretaker of a dependent 12 child or as a pregnant woman. 13  * Sec. 28. AS 47.27.025(b) is amended to read: 14 (b) The amounts of cash assistance [FOR BASIC LIVING EXPENSES] may 15 not exceed the following: 16 (1) for a dependent child living with a nonneedy relative caretaker, 17 $452 per month, plus $102 for each additional child; 18 (2) for a dependent child living with at least one needy parent or 19 relative caretaker, $821 per month, plus $102 for each additional child and $102 for a 20 second needy parent if the second parent is physically or mentally unable to perform 21 gainful activity as defined by department regulation; or 22 (3) for a family consisting solely of an eligible pregnant woman, $514 23 per month. 24  * Sec. 29. AS 47.27.025(c) is amended to read: 25 (c) The department shall, for the months of July, August, and September, 26 reduce by 50 percent the maximum cash assistance for which the family is otherwise 27 eligible if the family's eligibility for cash assistance is based on AS 47.27.010(4), 28 unless the second needy parent is determined, under regulations of the department, to 29 be physically or mentally unable to perform gainful activity or to be providing care for 30 a child who is experiencing a disability that requires 24-hour care, as certified by a 31 physician or other licensed medical professional. However, if the commissioner 01 determines that temporary economic conditions have resulted in decreased 02 employment opportunities during those months and a reduction in cash assistance 03 would impose an undue hardship on a family, the department may waive application 04 of this subsection with respect to that family. 05  * Sec. 30. AS 47.27.025(d) is amended to read: 06 (d) The department shall reduce cash assistance under this section to the 07 extent that the family's shelter costs are lower than the standard shelter allowance used 08 by the department for similar families. The shelter allowance for a family whose costs 09 are below the standard allowance shall be an amount equal to the family's actual 10 verified shelter costs. In this subsection, 11 (1) "shelter allowance" means the portion of the cash assistance 12 provided under this section that is allocated by the department for shelter costs; 13 (2) "shelter costs" means 14 (A) rental payments or mortgage payments for the family's 15 housing, including payments made for property or mortgage insurance and 16 property taxes; and 17 (B) the cost of utilities, including heat, electricity, basic 18 telephone service, water, sewer, and garbage services incurred for the family's 19 housing; the department may establish different utility cost standards for 20 different areas of the state and may use an average utility cost per month based 21 on estimated level payments over a 12-month period. 22  * Sec. 31. AS 47.27.025(e) is amended to read: 23 (e) The department may, instead of paying all of the cash assistance to a 24 family under this section, use all or part of the cash assistance as a wage subsidy paid 25 to an employer who employs a person in the family at a wage that is higher than the 26 wage subsidy. If authorized under AS 47.25.975(b), the department may, instead  27 of paying all of a family's food stamp allotment under AS 47.25.975 - 47.25.990 in  28 a form restricted to buying food, use all or part of the value of the family's food  29 stamp allotment as a wage subsidy paid to an employer who employs a person in  30 the family at a wage that is higher than the total of the wage subsidies paid under  31 this subsection for employment of the person. A subsidy under this subsection may 01 not exceed one year in duration. 02  * Sec. 32. AS 47.27.026(a) is amended to read: 03 (a) The department may offer a lump-sum diversion payment in place of 04 ongoing cash assistance [AND SERVICES] to an adult applicant who applies [FOR 05 ASSISTANCE] under AS 47.27.020 if the adult applicant is job ready and is 06 determined to need only short-term financial assistance and self-sufficiency services 07 to meet critical needs in order to secure employment and support for the adult 08 applicant's family. The department shall set standards and conditions for diversion 09 payments and self-sufficiency services by regulation. 10  * Sec. 33. AS 47.27.026(b) is amended to read: 11 (b) The department may pay a diversion payment [BENEFITS] to an 12 applicant's family only if that family appears to be eligible for cash assistance 13 [BENEFITS] under AS 47.27.020 and to include a job-ready individual based on the 14 information provided to the department in the application completed under 15 AS 47.27.020. The department may offer to an applicant with the potential to 16 participate in the diversion project a choice between 17 (1) having the Alaska temporary assistance program application 18 processed under AS 47.27.020 and the regulations adopted by the department; or 19 (2) having the application referred to the diversion project of the 20 Alaska temporary assistance program for a determination of eligibility for a diversion 21 project payment and self-sufficiency services [BENEFITS] under this section. 22  * Sec. 34. AS 47.27.026(c) is amended to read: 23 (c) The amount of a [THE] diversion payment with self-sufficiency services 24 must be sufficient to meet the family's immediate needs as determined by the 25 department and the participant. A diversion payment may not exceed the amount the 26 family would be eligible to receive as cash assistance in the first three [TWO] months 27 of eligibility under AS 47.27.025 if the family did not elect to receive a diversion 28 payment. 29  * Sec. 35. AS 47.27.026(d) is amended to read: 30 (d) As a condition of a family receiving a diversion payment under this 31 section, the participant must sign an agreement that 01 (1) specifies 02 (A) the amount of the diversion payment and the needs it is 03 intended to cover;  04 (B) the self-sufficiency services required to meet the  05 family's immediate needs; 06 (2) provides that, during the three-month period beginning with the 07 month in which the diversion payment was received, child support collected on behalf 08 of a child whose needs were considered in determining the diversion payment shall be 09 paid to the family; and 10 (3) provides that if the family reapplies [FOR ALASKA 11 TEMPORARY ASSISTANCE PROGRAM ASSISTANCE] under AS 47.27.020 12 during the three months beginning with the month in which the family received a 13 diversion payment, the diversion payment shall be treated as unearned income, 14 prorated over the three-month period, and deducted from any cash assistance that 15 [ALASKA TEMPORARY ASSISTANCE PROGRAM BENEFIT] the family may be 16 eligible for under the new application. 17  * Sec. 36. AS 47.27.026(e) is amended to read: 18 (e) A family that receives a diversion payment may not receive another 19 diversion payment before the 12th month following the month in which it last received 20 a diversion payment. A family may not receive more than four diversion  21 payments.  22  * Sec. 37. AS 47.27.027 is amended to read: 23 Sec. 47.27.027. Assistance to minors. (a) If an applicant under 24 AS 47.27.020 is not married, is under the age of 18, and has not been previously 25 emancipated under AS 09.55.590, the applicant must 26 (1) live in a home maintained by the applicant's parent, legal guardian, 27 or other adult relative, unless the applicant establishes that there is good cause, as 28 established by the department in regulation, to waive this requirement; if the 29 department waives this requirement, the applicant must live in an approved, adult- 30 supervised, supportive living environment; 31 (2) agree that cash assistance [FOR BASIC LIVING EXPENSES] on 01 behalf of the applicant's family may be paid to the applicant's parent, legal guardian, or 02 other adult relative, or, if applicable, to the adult head of the adult-supervised, 03 supportive living environment in which the applicant resides; and 04 (3) maintain attendance in a secondary school or other appropriate 05 training program unless the applicant has a high school diploma or general equivalent 06 diploma. 07 (b) The department shall reduce the cash assistance for which an assistance 08 unit is otherwise eligible under this chapter if a minor parent in the assistance unit 09 fails, without good cause, to meet standards of adequate levels of school attendance, as 10 defined in regulations of the department. The reduction under this subsection shall be 11 achieved by disregarding the needs of the person who failed to meet the school 12 attendance standards. The person's needs shall be disregarded until the minor parent 13 complies. 14  * Sec. 38. AS 47.27.030(a) is amended to read: 15 (a) A participant in the Alaska temporary assistance program shall cooperate 16 with the department, or its designee, to develop and sign a family self-sufficiency plan 17 that includes 18 (1) the steps the family will take towards the self-sufficiency of the 19 family; 20 (2) the self-sufficiency services the department will provide to assist 21 the family to attain self-sufficiency; 22 (3) specific benchmarks to indicate the steps toward successful 23 completion of the family plan; 24 (4) a statement that the family may be subject to [BENEFIT] 25 reductions in cash assistance or self-sufficiency services or other sanctions if the 26 family fails to comply with the family plan; and 27 (5) a statement that describes the necessary conditions and the steps 28 that must be taken to renegotiate the terms of the family plan. 29  * Sec. 39. AS 47.27.030(b) is amended to read: 30 (b) The family self-sufficiency plan must set a time period for the achievement 31 of self-sufficiency from cash assistance under the Alaska temporary assistance 01 program. Initially, that [THAT] time period may not provide for any more than a 02 total of 60 months of cash assistance under the Alaska temporary assistance program 03 even though the family may eventually be eligible for an exemption under  04 AS 47.27.015(a)(1). Unless the members of the family who are not dependent 05 children are all exempt under AS 47.27.035(b) - (d), the time period for receiving cash 06 assistance may not exceed a cumulative total of 24 months unless each nonexempt 07 person is in compliance with the work activity assignment made under AS 47.27.035. 08  * Sec. 40. AS 47.27.030 is amended by adding a new subsection to read: 09 (d) The department may provide only self-sufficiency services to a family that 10 no longer qualifies for cash assistance due to employment, a family that is disqualified 11 from receiving cash assistance under AS 47.27.015(a)(1), (c), or (g), or a family that 12 qualifies for cash assistance but requests only self-sufficiency services. Self- 13 sufficiency services that are made available to a family under this subsection shall be 14 based on a determination of need established by the department in regulation. If a 15 family receives only self-sufficiency services, the department may waive the self- 16 sufficiency plan requirements specified in (a) and (b) of this section. 17  * Sec. 41. AS 47.27.035(a) is amended to read: 18 (a) An Alaska temporary assistance program participant shall, after the 19 participant's family has received a cumulative total of 24 months of cash assistance or 20 sooner if assigned to do so by the department, participate in work activities as assigned 21 by the department or its designee in order for the family to continue to receive cash 22 assistance or self-sufficiency services from the department under the Alaska 23 temporary assistance program, unless the participant is exempt from the work 24 participation requirements under one or more of the exemptions set out in (b) - (d) of 25 this section. 26  * Sec. 42. AS 47.27.040 is amended to read: 27 Sec. 47.27.040. Assignment of support rights; cooperation with child  28 support enforcement agency. (a) An Alaska temporary assistance program 29 applicant is considered to have assigned to the state, through the child support 30 enforcement agency of the Department of Revenue, all rights to accrued and 31 continuing child support, from all sources, that is due for the support of any 01 individuals in the family for whom support is sought. The assignment takes effect 02 upon a determination that the applicant's family is eligible for cash assistance under 03 this chapter. Except with respect to the amount of any unpaid support obligation 04 accrued under the assignment, the assignment terminates when the family ceases to 05 receive cash assistance under [BE A PARTICIPANT IN] the Alaska temporary 06 assistance program. 07 (b) An Alaska temporary assistance program participant shall cooperate with 08 the child support enforcement agency of the Department of Revenue in establishing 09 paternity or establishing, modifying, or enforcing a child support order requiring the 10 payment of support by the noncustodial parent for a dependent child for whom Alaska 11 temporary assistance program cash assistance is received. The child support 12 enforcement agency shall determine whether the participant is in good faith 13 compliance with the requirements of this subsection and shall inform the Department 14 of Health and Social Services of its determination. The Department of Health and 15 Social Services shall establish whether the participant has good cause for refusing to 16 cooperate. 17 (c) The department may distribute to an Alaska temporary assistance program 18 participant $50 per month from a monthly child support payment, or the amount of the 19 child support payment if it is less than $50, received by the child support enforcement 20 agency for the support of a child for whom Alaska temporary assistance program cash 21 assistance is paid. 22  * Sec. 43. AS 47.27.045 is amended to read: 23 Sec. 47.27.045. Alienation and attachment. Cash assistance 24 [ASSISTANCE] granted under this chapter is inalienable by assignment or transfer 25 and is exempt from garnishment, levy, or execution as is provided in AS 09.38. 26  * Sec. 44. AS 47.27.060 is amended to read: 27 Sec. 47.27.060. Job development. The department may establish cooperative 28 agreements with the Department of Labor and Workforce Development, Department 29 of Education and Early Development, and Department of Community and Economic 30 Development, and with other public or private sector organizations for the purpose of 31 developing job, training, and educational opportunities for families eligible for cash 01 assistance or self-sufficiency services under this chapter. 02  * Sec. 45. AS 47.27.075 is amended to read: 03 Sec. 47.27.075. Emergency account established. There is established within 04 the general fund the Alaska temporary assistance program emergency account. The 05 account consists of appropriations that were made by the legislature from federal 06 money available for cash assistance, diversion payments, and self-sufficiency  07 services under this chapter, including lapsing money that was previously appropriated 08 from federal money for the Alaska temporary assistance program, but that were not 09 expended or obligated in the fiscal year for which they were appropriated. 10  * Sec. 46. AS 47.27.080(a) is amended to read: 11 (a) An applicant or participant who receives a determination from the 12 department that denies, limits, or modifies the cash assistance, diversion payment, or 13 self-sufficiency services provided under this chapter may request a hearing before the 14 department or a representative of the department appointed for that purpose. If a 15 representative is appointed, the representative shall conduct the hearing under the 16 regulations adopted by the department. The appeal is not subject to AS 44.62.330 - 17 44.62.630. 18  * Sec. 47. AS 47.27.085(a) is amended to read: 19 (a) Except as provided in (b) of this section, the [THE] department shall 20 reduce the amount of cash assistance provided to the family of [PENALIZE] an 21 Alaska temporary assistance program applicant or participant who, without good 22 cause, fails to comply with a condition of the family self-sufficiency plan, [OR] who 23 fails to participate in work activities required as a part of the Alaska temporary 24 assistance program, or who fails to cooperate with the child support enforcement  25 agency as required under AS 47.27.040. The reduction shall be [BY 26 DISREGARDING THAT PERSON AS A MEMBER OF THE FAMILY FOR 27 PURPOSES OF DETERMINING THE AMOUNT OF ASSISTANCE GIVEN TO 28 THE FAMILY. THE PERIOD OF TIME DURING WHICH THE DEPARTMENT 29 SHALL DISREGARD THE NONCOMPLYING PERSON FOR PURPOSES OF 30 DETERMINING THE AMOUNT OF THE FAMILY'S ASSISTANCE IS ] 31 (1) 40 percent of the maximum cash assistance that would be  01 payable under AS 47.27.025 for a family of the same size, assuming the family  02 has no income counted for purposes of this chapter, until the date the department  03 determines that the family [PERSON] is in compliance under this subsection if the 04 family comes into compliance within the first four months after the date of the  05 department's finding of noncompliance [PERSON HAS NOT PREVIOUSLY 06 BEEN DISREGARDED] under this subsection; on the date the department  07 determines that the family is in compliance, the department shall begin to pay the  08 family the full amount of cash assistance for which the family is eligible; 09 (2) 75 percent of the maximum cash assistance that would be  10 payable under AS 47.27.025 for a family of the same size, assuming the family  11 has no income counted for purposes of this chapter, [THE LONGER OF SIX 12 MONTHS OR] until the date the department determines that the family 13 [PERSON] is in compliance under this subsection if the family comes into  14 compliance during the fifth, sixth, seventh, or eighth month after the date the  15 department initially determined that the family was not in compliance [PERSON 16 HAS PREVIOUSLY BEEN DISREGARDED] under [(1) OF] this subsection; on the  17 date the department determines that the family is in compliance, the department  18 shall begin to pay the family the full amount of cash assistance for which the  19 family is eligible; 20 (3) the full amount of the family's cash assistance if the  21 noncompliance under this subsection is not corrected within eight months after  22 the date of the department's initial finding of noncompliance under this  23 subsection; in order to again receive cash assistance under this chapter, the  24 family shall reapply under AS 47.27.020 and satisfy all requirements applicable  25 to applicants under that section [LONGER OF 12 MONTHS OR UNTIL THE 26 PERSON IS IN COMPLIANCE UNDER THIS SUBSECTION IF THE PERSON 27 HAS PREVIOUSLY BEEN DISREGARDED UNDER (2) OF THIS SECTION]. 28  * Sec. 48. AS 47.27.085(b) is repealed and reenacted to read: 29 (b) Notwithstanding (a) of this section, the department may not reduce a 30 family's cash assistance under (a)(2) or (3) of this section unless there is, in the 31 family's case record, (1) documented evidence that the department has attempted to 01 visit the family's home after the imposition of a reduction under (a)(1) of this section 02 and (2) a written finding by the department that, considering the results of any home 03 visit attempted under (1) of this subsection and the availability of other services in the 04 community that are appropriate to the family's needs, the health, safety, and well- 05 being of the children in the family will not be significantly jeopardized by imposition 06 of a reduction under (a)(2) or (3) of this section. If the department does not reduce a 07 family's cash assistance based on the provisions of this subsection, the department 08 may manage the family's cash assistance on behalf of the family under regulations that 09 the department shall adopt concerning management of cash assistance under this 10 subsection. 11  * Sec. 49. AS 47.27.085(c) is amended to read: 12 (c) An Alaska temporary assistance program applicant or participant who 13 receives cash assistance, a diversion payment, or self-sufficiency services when not 14 entitled to them under this chapter because the information provided by the applicant 15 or participant was inaccurate or incomplete is liable to the department for the value of 16 the cash assistance, diversion payment, and self-sufficiency services improperly 17 provided to the applicant or participant. 18  * Sec. 50. AS 47.27.085(d) is amended to read: 19 (d) In a civil action brought by the state to recover the value of cash 20 assistance, a diversion payment, or self-sufficiency services improperly provided 21 under this chapter, the state may recover costs of investigation and prosecution of the 22 civil action, including attorney fees as determined under court rules. 23  * Sec. 51. AS 47.27.085 is amended by adding a new subsection to read: 24 (e) The department shall adopt regulations necessary to implement this 25 section. 26  * Sec. 52. AS 47.27.900(8) is amended to read: 27 (8) "self-sufficiency services" means work-related services, 28 community service work referrals, child care assistance, emergency assistance,  29 service vouchers, equipment vouchers, work stipends, transportation assistance,  30 wage subsidies, and other work supports and services determined by the department 31 in regulation to promote family self-sufficiency; 01  * Sec. 53. AS 47.27.900 is amended by adding new paragraphs to read: 02 (10) "cash assistance" means assistance for basic living expenses 03 provided under the Alaska temporary assistance program; "cash assistance" includes 04 cash, vouchers, or third-party vendor payments; "cash assistance" does not include a 05 diversion payment under AS 47.27.026 or self-sufficiency services; 06 (11) "diversion payment" means a diversion payment paid under 07 AS 47.27.026. 08 * Sec. 54. AS 47.27.015(f) and 47.27.900(1) are repealed. 09 * Sec. 55. The uncodified law of the State of Alaska is amended by adding a new section to 10 read: 11 TRANSITION: REGULATIONS. Notwithstanding sec. 58 of this Act, the affected 12 state agencies may proceed to adopt regulations necessary to implement the changes made by 13 secs. 1 - 54 of this Act. The regulations take effect under AS 44.62 (Administrative 14 Procedure Act), but not before the effective date of the statutory changes. 15  * Sec. 56. The uncodified law of the State of Alaska is amended by adding a new section to 16 read: 17 REVISOR'S INSTRUCTIONS. The revisor of statutes is instructed to change the 18 catchline of 19 (1) AS 47.27.020 from "Application and requirements for assistance" to 20 "Application requirements"; 21 (2) AS 47.27.025 from "Family assistance" to "Cash assistance"; 22 (3) AS 47.27.030 from "Family self-sufficiency plan" to "Family self- 23 sufficiency services." 24  * Sec. 57. Section 55 of this Act takes effect immediately under AS 01.10.070(c). 25 * Sec. 58. Except as provided in sec. 57 of this Act, this Act takes effect July 1, 2002.