SB 184: "An Act relating to Alaska Native settlement trusts and eligibility for adult public assistance, senior benefits, and the Alaska Pioneers' Home."
00 SENATE BILL NO. 184 01 "An Act relating to Alaska Native settlement trusts and eligibility for adult public 02 assistance, senior benefits, and the Alaska Pioneers' Home." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 47.25.435 is amended to read: 05 Sec. 47.25.435. Exclusion of income. Notwithstanding the provisions of 06 AS 47.25.430 - 47.25.615, if the applicable provisions of 42 U.S.C. 301 - 1397f 07 (Social Security Act), as amended, permit, in determining the need of an applicant for, 08 or a recipient of, an assistance grant under AS 47.25.430 - 47.25.615, the department 09 shall exclude from the computation of the applicant's or recipient's income the 10 amounts specified in 42 U.S.C. [SEC.] 1382a(b), as amended, amounts specified in 11 regulations adopted to implement the supplemental security income provisions of 12 federal law, [AND] any amounts specified by the department by regulation so long as 13 exclusion of those amounts is not in conflict with federal law, and an interest in a 14 settlement trust or an amount distributed from or benefit provided by a
01 settlement trust to an Alaska Native individual, or descendant of an Alaska 02 Native individual, who is an aged, blind, or disabled individual. In this section, 03 "aged, blind, or disabled individual" has the meaning given in 42 U.S.C. 04 1382c(a)(1). 05 * Sec. 2. AS 47.45.302 is amended by adding a new subsection to read: 06 (d) In calculating household income under (a)(4) of this section, the 07 department shall exclude an interest in a settlement trust or an amount distributed from 08 or benefit provided by a settlement trust to an Alaska Native individual, or descendant 09 of an Alaska Native individual, who is an aged, blind, or disabled individual. In this 10 subsection, "aged, blind, or disabled individual" has the meaning given in 42 U.S.C. 11 1382c(a)(1). 12 * Sec. 3. AS 47.55.020(d) is amended to read: 13 (d) Notwithstanding AS 47.55.070 and (b) of this section, a resident of a home 14 whose income, assets, and other resources are insufficient to pay the monthly or daily 15 rates set under AS 47.55.030(f) plus charges under AS 47.55.030(b), and who does not 16 have private insurance to cover the cost of care, qualifies for payment assistance if the 17 resident is otherwise in compliance with requirements under this chapter. The amount 18 of payment assistance equals the amount needed, when added to other income and 19 assets of the resident, to pay the monthly or daily rates set under AS 47.55.030(f) plus 20 charges under AS 47.55.030(b). Payment assistance received by a home resident is a 21 debt to the state. In determining the amount of payment assistance for which a home 22 resident qualifies, the following income, assets, and other resources of the resident 23 shall be disregarded: 24 (1) income from any source in an amount up to $300 a month as 25 established by the department by regulation; 26 (2) the following assets received under 43 U.S.C. 1601 et seq. (Alaska 27 Native Claims Settlement Act): 28 (A) cash dividends and other income equal to at least $2,000 as 29 established by the department by regulation; 30 (B) stock; 31 (C) noncash dividends from stock; and
01 (D) land; 02 (3) a permanent fund dividend issued under AS 43.23; 03 (4) compensation to volunteers under the federal retired and senior 04 volunteers (42 U.S.C. 5001), foster grandparents (42 U.S.C. 5011), and senior 05 companion (42 U.S.C. 5013) programs made in accordance with 42 U.S.C. 5044(f); 06 (5) federal World War II restitution payments made under 50 U.S.C. 07 App. 1989b-4 and c-5; 08 (6) payments under AS 18.67 (Violent Crimes Compensation Board); 09 (7) an amount, determined by the department by regulation, that is 10 sufficient for burial expenses of the resident, the resident's spouse, and dependents of 11 the resident; 12 (8) real property being used as the primary residence of the resident's 13 spouse or a dependent of the resident; 14 (9) other real or personal property equal to at least a total value of up 15 to $10,000 as established by the department by regulation; 16 (10) federal payments that are excluded by law from income for 17 federal assistance purposes; 18 (11) an interest in a settlement trust or an amount distributed 19 from or benefit provided by a settlement trust to an Alaska Native individual, or 20 descendant of an Alaska Native individual, who is an aged, blind, or disabled 21 individual; in this paragraph, "aged, blind, or disabled individual" has the 22 meaning given in 42 U.S.C. 1382c(a)(1).