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.