HB 88: "An Act changing the name of the Alaska Pioneers' Home to the Alaska Pioneers' and Veterans' Home and of the Alaska Pioneers' Homes Advisory Board to the Alaska Pioneers' and Veterans' Home Advisory Board; relating to services for veterans in the home; relating to the advisory board for the home; making other amendments to the statutes relating to the home; making conforming amendments to other statutes; and providing for an effective date."
00 HOUSE BILL NO. 88 01 "An Act changing the name of the Alaska Pioneers' Home to the Alaska Pioneers' and 02 Veterans' Home and of the Alaska Pioneers' Homes Advisory Board to the Alaska 03 Pioneers' and Veterans' Home Advisory Board; relating to services for veterans in the 04 home; relating to the advisory board for the home; making other amendments to the 05 statutes relating to the home; making conforming amendments to other statutes; and 06 providing for an effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 44.21.100 is amended to read: 09 Sec. 44.21.100. Alaska Pioneers' and Veterans' Home [HOMES] Advisory 10 Board. There is created the Alaska Pioneers' and Veterans' Home [HOMES] 11 Advisory Board. 12 * Sec. 2. AS 44.21.110 is amended to read: 13 Sec. 44.21.110. Purpose of the board. The board shall conduct annual
01 inspections of the property and procedures of the Alaska Pioneers' and Veterans' 02 Home [HOMES] and recommend to the governor changes and improvements. The 03 board shall meet on an annual basis to review admissions procedures and to consider 04 complaints. 05 * Sec. 3. AS 44.21.120 is amended to read: 06 Sec. 44.21.120. Composition of the board. (a) The Alaska Pioneers' and 07 Veterans' Home [HOMES] Advisory Board consists of 08 (1) five [SEVEN] members appointed by the governor from among 09 citizens of the state; [AND] 10 (2) one member, appointed by the governor, who 11 (A) is a veteran of active service in the armed forces of the 12 United States, including the Alaska National Guard or the Alaska 13 Territorial Guard; and 14 (B) meets the age and state residency requirements under 15 AS 47.55 for admission to the Alaska Pioneers' and Veterans' Home; 16 (3) one member, appointed by the governor, who is a veteran of 17 active service in the armed forces of the United States, including the Alaska 18 National Guard or the Alaska Territorial Guard; and 19 (4) one member who is the chair of the Alaska Commission on Aging 20 established under AS 44.21.200. 21 (b) The term of office of a member of the board appointed under (a)(1), (2), or 22 (3) of this section is four years. A member of the board appointed under (a)(1), (2), 23 or (3) of this section may not serve more than eight consecutive years. A chair shall 24 be elected by the voting members of the board. The members of the board appointed 25 under (a)(1), (2), or (3) of this section serve at the pleasure of the governor. 26 * Sec. 4. AS 44.21.120 is amended to read: 27 Sec. 44.21.120. Composition of the board. (a) The Alaska Pioneers' and 28 Veterans' Home Advisory Board consists of 29 (1) five members appointed by the governor from among citizens of 30 the state; 31 (2) one member, appointed by the governor, who
01 (A) is a veteran of active service in the armed forces of the 02 United States, including the Alaska National Guard or the Alaska Territorial 03 Guard; and 04 (B) meets the age and state residency requirements under 05 AS 47.55 for admission to the Alaska Pioneers' and Veterans' Home; 06 (3) one member who is the chair of the Alaska Veterans Advisory 07 Council established in AS 44.35 [, APPOINTED BY THE GOVERNOR, WHO IS A 08 VETERAN OF ACTIVE SERVICE IN THE ARMED FORCES OF THE UNITED 09 STATES, INCLUDING THE ALASKA NATIONAL GUARD OR THE ALASKA 10 TERRITORIAL GUARD]; and 11 (4) one member who is the chair of the Alaska Commission on Aging 12 established under AS 44.21.200. 13 (b) The term of office of a member of the board appointed under (a)(1) or (2) 14 [(a)(1), (2), OR (3)] of this section is four years. A member of the board appointed 15 under (a)(1) or (2) [(a)(1), (2), OR (3)] of this section may not serve more than eight 16 consecutive years. A chair shall be elected by the voting members of the board. The 17 members of the board appointed under (a)(1) or (2) [(a)(1), (2), OR (3)] of this section 18 serve at the pleasure of the governor. 19 * Sec. 5. AS 44.21.200(a) is amended to read: 20 (a) The Alaska Commission on Aging is established in the Department of 21 Administration. The members of the commission include 22 (1) the commissioner of administration or the commissioner's 23 designee; 24 (2) the commissioner of community and economic development or the 25 commissioner's designee; 26 (3) the commissioner of health and social services or the 27 commissioner's designee; 28 (4) the chair of the Alaska Pioneers' and Veterans' Home [HOMES] 29 Advisory Board under AS 44.21.120; and 30 (5) seven persons selected on the basis of their knowledge and 31 demonstrated interest in the concerns of older Alaskans, appointed by the governor in
01 accordance with (b) of this section. 02 * Sec. 6. AS 47.55.010(a) is amended to read: 03 (a) The state shall maintain institutions known collectively as the Alaska 04 Pioneers' and Veterans' Home. Pioneers' and Veterans' Homes shall be maintained 05 at Sitka and at other sites designated by the commissioner of administration. 06 * Sec. 7. AS 47.55.010(c) is amended to read: 07 (c) The Department of Administration shall 08 (1) cooperate with the federal government in matters pertaining to the 09 welfare of Alaskan pioneers and veterans, make the reports in the form and 10 containing the information the federal government from time to time desires, and 11 accept funds allotted by the federal government, its agencies or instrumentalities, in 12 establishing, extending, and strengthening services for pioneers and veterans of 13 Alaska; 14 (2) adopt regulations necessary for the conduct of the business of the 15 home [PIONEERS' HOME] and for carrying out the provisions of this chapter, 16 require bonds and undertakings from persons employed by it as in its judgment are 17 necessary, and pay the premiums on them, and establish regional and local offices and 18 the advisory groups that are necessary or considered expedient to carry out or assist in 19 carrying out a duty or authority assigned to it; 20 (3) perform all executive or administrative duties necessary and 21 advisable to carry out the purpose of this chapter, including the power to make 22 contracts and to make disbursements on vouchers against funds for the purpose of this 23 chapter, within the limit of funds available; 24 (4) study the needs of Alaska's pioneers and veterans and submit 25 recommendations for new regulations and proposed legislation; and 26 (5) prepare a biennial report in even-numbered years and notify the 27 legislature that the report is available. 28 * Sec. 8. AS 47.55.010(d) is amended to read: 29 (d) The Department of Administration may employ the necessary subordinate 30 officers and employees, and shall prescribe methods for operation of the home 31 [PIONEERS' HOME], standards of care and service to home residents, and rules
01 governing personnel and rewarding employees on a merit basis. 02 * Sec. 9. AS 47.55.010 is amended by adding new subsections to read: 03 (e) As provided in this subsection, a certain number of beds in the home shall 04 be reserved for use by veterans who meet all other qualifications for admission to the 05 home. The Department of Administration shall by regulation 06 (1) specify the number of beds reserved for use by veterans under this 07 subsection; 08 (2) establish procedures that 09 (A) provide for a veteran to be considered for admission to a 10 non-reserved, unoccupied bed in the home under admission criteria in or under 11 this chapter if all beds reserved under this subsection are occupied; 12 (B) provide for a person who is not a veteran to be considered 13 for admission to an unoccupied bed reserved under this subsection if no 14 veteran who is qualified for admission to a reserved bed has applied for 15 admission; and 16 (C) ensure that to the extent possible, the beds reserved for use 17 by veterans under this subsection are occupied by veterans. 18 (f) In this section, "veteran" means a person with 181 days or more of active 19 service in the armed forces of the United States, including the Alaska National Guard 20 or the Alaska Territorial Guard. 21 * Sec. 10. AS 47.55.020(a) is amended to read: 22 (a) Every person residing in the state who is 65 years of age or older, has been 23 a resident of the state continuously for more than one year [15 YEARS] immediately 24 preceding application for admission, and is in need of residence at the home because 25 of physical disability or other reason, is eligible for admission under conditions 26 prescribed in regulations of the Department of Administration. The spouse of a person 27 who is eligible for admission under other provisions of this subsection is also eligible 28 for admission to the home under conditions prescribed by the department if the spouse 29 is 65 years of age or older and has been a resident of the state continuously for more 30 than one year [15 YEARS] immediately preceding application for admission. In this 31 subsection, "physical disability or other reason" means inability to maintain a
01 household without regular assistance in shopping, housekeeping, meal preparation, 02 dressing, or personal hygiene because of physical or medical impairment, infirmity, or 03 disability. 04 * Sec. 11. AS 47.55.020(b) is amended to read: 05 (b) A home resident [EVERY PERSON ADMITTED TO THE PIONEERS' 06 HOME] who receives income from any source in excess of $100 per month may be 07 required by the Department of Administration to pay the excess to the department 08 immediately upon receipt of the money in payment, or part payment, of the cost of the 09 person's care. However, the department may not require in any month the payment of 10 an amount greater than the monthly rate set under AS 47.55.030(b) except to satisfy an 11 indebtedness incurred under AS 47.55.070. The department may not evict a person 12 from the home [PIONEERS' HOME] if the income and assets of the person are 13 insufficient to pay the monthly rate set under AS 47.55.030(b) and the person is 14 otherwise in compliance with requirements under this chapter. 15 * Sec. 12. AS 47.55.020(e) is amended to read: 16 (e) Notwithstanding AS 47.55.070 and (b) of this section, a home resident 17 whose income and assets are insufficient to pay the monthly rate set under 18 AS 47.55.030(b) qualifies for payment assistance if the resident is otherwise in 19 compliance with requirements under this chapter. The amount of payment assistance 20 shall equal the amount needed, when added to other income and assets of the resident, 21 to pay the monthly rate set under AS 47.55.030(b). Payment assistance received by a 22 home resident is a debt to the state. In determining the amount of payment assistance 23 for which a home resident qualifies, the following income and assets of the [A 24 PIONEERS' HOME] resident shall be disregarded: 25 (1) income from any source in an amount equal to at least $100 per 26 month as established by regulation of the Department of Administration; 27 (2) the following assets received under 43 U.S.C. 1601 - 1629g 28 [43 U.S.C. 1601 - 1629e] (Alaska Native Claims Settlement Act): 29 (A) cash dividends and other income equal to at least $2,000 as 30 established by regulation of the Department of Administration; 31 (B) stock;
01 (C) noncash dividends from stock; and 02 (D) land; 03 (3) a permanent fund dividend issued under AS 43.23; 04 (4) veterans' benefits paid under 38 U.S.C. 1110 [38 U.S.C. 1114]; 05 (5) compensation to volunteers under the federal retired and senior 06 volunteers (42 U.S.C. 5001), foster grandparents (42 U.S.C. 5011), and senior 07 companion (42 U.S.C. 5013) programs made in accordance with 42 U.S.C. 5044(f); 08 (6) federal World War II restitution payments made under 50 U.S.C. 09 App. 1989b-4 and c-5 [50 U.S.C. 1989b-4 and c-5]; 10 (7) payments under AS 18.67 (crime victim compensation); 11 (8) an amount determined by regulation of the Department of 12 Administration sufficient for burial expenses of the resident, the resident's spouse, and 13 dependents of the resident; 14 (9) real property being used as the primary residence of the resident's 15 spouse or a dependent of the resident; 16 (10) for a home resident who has no spouse or dependent and who 17 has not been admitted to a permanent bed at the home, real property being used 18 as the resident's primary residence; 19 (11) other real or personal property equal to at least a total value of 20 $5,000 as established by regulation of the Department of Administration. 21 * Sec. 13. AS 47.55.030(b) is amended to read: 22 (b) The Department of Administration shall adopt regulations establishing a 23 monthly rate for the compensation a home resident is to be charged under (a) of this 24 section. The rate charged need not fully compensate the state for the cost of care and 25 support. The commissioner of administration shall review the rate each year. 26 * Sec. 14. AS 47.55.030(c) is amended to read: 27 (c) The Department of Administration shall provide to all home residents [OF 28 THE PIONEERS' HOME] written notice of any proposed change in the rate charged 29 for care and support of persons at the home. Notice under this section shall be given 30 not less than 60 days before a change is adopted. The notice must include the time, 31 date, and place of a hearing to be held by the Department of Administration under (d)
01 of this section. The department may not change the rate charged more than once in a 02 fiscal year. 03 * Sec. 15. AS 47.55.060 is amended to read: 04 Sec. 47.55.060. Trust fund. Unless otherwise provided by the donor, money 05 bequeathed to the former Alaska Pioneers' Home or to the Alaska Pioneers' and 06 Veterans' Home constitutes a special trust fund. Unless otherwise provided by the 07 donor, interest from the special trust fund is under the control and at the disposal of the 08 Department of Administration, and expenditure from it is limited to the benefit and 09 comfort of the residents of the home. 10 * Sec. 16. AS 47.55 is amended by adding a new section to read: 11 Sec. 47.55.062. Private nonprofit corporation: grants, donations, or 12 bequests. Private nonprofit corporations may be established to accept grants, 13 donations, or bequests for the benefit of the home. The Department of Administration 14 may assist in the establishment of those corporations. 15 * Sec. 17. AS 47.55.070(a) is amended to read: 16 (a) The following expenses incurred for a home [PIONEERS' HOME] 17 resident under this chapter and not recoverable from a collateral source are a debt of 18 the resident to the state and may be recovered during the life of the resident: 19 (1) costs of standard or nursing care provided in the home 20 [PIONEERS' HOME] each month to the resident not exceeding the rate established by 21 the Department of Administration under AS 47.55.030, with credit given for any 22 amounts paid by or collected from the resident; 23 (2) allowances paid under AS 47.55.020(c); 24 (3) [REPEALED 25 (4)] arrearages in fees for television and telephone services provided in 26 the home [PIONEERS' HOME]; and 27 (4) [(5)] prescription medicines and other medical supplies specified 28 by regulation [MEDICINE; AND 29 (6) REPEALED]. 30 * Sec. 18. AS 47.55.080 is amended to read: 31 Sec. 47.55.080. Enforcement against estate. If a home resident
01 [BENEFICIARY UNDER THIS CHAPTER] dies leaving an estate in the United 02 States [STATE], the attorney general or the Department of Administration shall file 03 with the executor or administrator, or with the probate court, the claim of the state 04 against the estate, and the attorney general or the Department of Administration 05 shall take the steps necessary to enforce and collect the claim. Money collected shall 06 be paid into the treasury of the state. 07 * Sec. 19. AS 47.55.095 is amended to read: 08 Sec. 47.55.095. Limitation on enforcement of claims against estate. 09 Notwithstanding AS 47.55.080 [AND 47.55.090], upon the death of a home 10 [PIONEERS' HOME] resident [OR OF A RECIPIENT OF DAY CARE OR RESPITE 11 SERVICES], a state claim for unpaid debt owed to the home [PIONEERS' HOME] 12 may be satisfied only out of the decedent's estate. The state may not pursue a claim to 13 the extent doing so would work undue hardship, as determined by regulation of the 14 Department of Administration, on the surviving spouse or dependent of the decedent. 15 Family portraits and heirlooms of the type identified under AS 09.38.020(a)(3), 16 without regard to value, may not be taken by the state in satisfaction of a debt to the 17 home [PIONEERS' HOME]. 18 * Sec. 20. AS 47.55.100 is amended to read: 19 Sec. 47.55.100. Certificate as evidence. A certificate by the attorney general 20 to the effect that a decedent was a home resident [BENEFICIARY] under this chapter 21 and that the state has a claim against the decedent's estate, is prima facie evidence of 22 these facts in a proceeding in the courts of the state. 23 * Sec. 21. AS 47.55 is amended by adding a new section to read: 24 Sec. 47.55.990. Definitions. In this chapter, unless the context otherwise 25 requires, 26 (1) " home" means the Alaska Pioneers' and Veterans' Home; 27 (2) "home resident" includes any person who is receiving services 28 from the home, regardless of whether the person's primary abode is the home. 29 * Sec. 22. AS 47.55.035, 47.55.040, and 47.55.090 are repealed. 30 * Sec. 23. The uncodified law of the State of Alaska is amended by adding a new section to 31 read:
01 REVISOR OF STATUTES INSTRUCTIONS. (a) When consistent with the changes 02 in this Act, the revisor of statutes is instructed to change references to "Alaska Pioneers' 03 Home" to read "Alaska Pioneers' and Veterans' Home" in the Alaska Statutes, including the 04 following: 05 (1) AS 08.68.395(g)(2) and AS 08.70.080; 06 (2) AS 15.05.020(1); 07 (3) AS 18.07.111(8)(A); 08 (4) AS 36.30.990(1)(A); 09 (5) AS 37.05.146(b)(4)(EE) and 37.05.990(2); 10 (6) AS 37.07.120(1); 11 (7) AS 39.25.120(c)(8); 12 (8) AS 44.21.020(9); 13 (9) AS 47.25.140. 14 (b) When consistent with the changes in this Act, the revisor of statutes is instructed 15 to change the references to "Pioneers' Home" to "Alaska Pioneers' and Veterans' Home" in the 16 Alaska Statutes, including the following: 17 (1) AS 17.37.070(6)(B); 18 (2) AS 18.35.300(11); 19 (3) chapter heading of AS 47.55; 20 (4) section heading of AS 47.55.070. 21 (c) The revisor of statutes is instructed to change "Article 2. Pioneers' Homes 22 Advisory Board" to "Article 2. Alaska Pioneers' and Veterans' Home Advisory Board" in the 23 heading of art. 2 of AS 44.21. 24 * Sec. 24. The uncodified law of the State of Alaska is amended by adding a new section to 25 read: 26 REGULATIONS ATTORNEY INSTRUCTIONS. Wherever in the Alaska 27 Administrative Code the terms "Alaska Pioneers' Home," "state pioneer home," and "pioneers' 28 home" are used, they shall be read as "Alaska Pioneers' and Veterans' Home" when to do so 29 would be consistent with the changes in this Act. Under AS 44.62.125(b)(6), the regulations 30 attorney is instructed to make changes in the Alaska Administrative Code consistent with this 31 section.
01 * Sec. 25. The uncodified law of the State of Alaska is amended by adding a new section to 02 read: 03 TRANSITION: REGULATIONS. The Department of Administration may 04 immediately proceed to adopt regulations necessary to implement the changes made by this 05 Act. The regulations take effect under AS 44.62 (Administrative Procedure Act), but not 06 before the effective date of the statutory change. 07 * Sec. 26. Section 25 of this Act takes effect immediately under AS 01.10.070(c). 08 * Sec. 27. (a) Section 4 of this Act takes effect only if a version of a bill establishing the 09 Alaska Veterans' Advisory Council is passed by the Twenty-Second Alaska State Legislature 10 and becomes law. 11 (b) If sec. 4 of this Act takes effect, it takes effect the day after the effective date of 12 sec. 3 of this Act or on the effective date of the Act described in (a) of this section, whichever 13 is later.