00                      CS FOR SENATE BILL NO. 184(HSS)                                                                   
01 "An Act relating to settlement trusts and eligibility for adult public assistance, senior                               
02 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 not more than                                   
14 $1,500 of an interest in a settlement trust or an amount distributed from or                                        

01       benefit provided by a settlement trust to an aged, blind, or disabled individual. In                          
02       this section, "aged, blind, or disabled individual" has the meaning given in 42                               
03       U.S.C. 1382c(a)(1).                                                                                           
04    * Sec. 2. AS 47.45.302 is amended by adding a new subsection to read:                                              
05 (d)  In calculating household income under (a)(4) of this section, the                                                  
06 department shall exclude not more than $1,500 of an interest in a settlement trust or an                                
07 amount distributed from or benefit provided by a settlement trust to an aged, blind, or                                 
08 disabled individual. In this subsection, "aged, blind, or disabled individual" has the                                  
09       meaning given in 42 U.S.C. 1382c(a)(1).                                                                           
10    * Sec. 3. AS 47.55.020(d) is amended to read:                                                                      
11 (d)  Notwithstanding AS 47.55.070 and (b) of this section, a resident of a home                                         
12 whose income, assets, and other resources are insufficient to pay the monthly or daily                                  
13 rates set under AS 47.55.030(f) plus charges under AS 47.55.030(b), and who does not                                    
14 have private insurance to cover the cost of care, qualifies for payment assistance if the                               
15 resident is otherwise in compliance with requirements under this chapter. The amount                                    
16 of payment assistance equals the amount needed, when added to other income and                                          
17 assets of the resident, to pay the monthly or daily rates set under AS 47.55.030(f) plus                                
18 charges under AS 47.55.030(b). Payment assistance received by a home resident is a                                      
19 debt to the state. In determining the amount of payment assistance for which a home                                     
20 resident qualifies, the following income, assets, and other resources of the resident                                   
21       shall be disregarded:                                                                                             
22 (1)  income from any source in an amount up to $300 a month as                                                          
23       established by the department by regulation;                                                                      
24 (2)  the following assets received under 43 U.S.C. 1601 et seq. (Alaska                                                 
25       Native Claims Settlement Act):                                                                                    
26 (A)  cash dividends and other income equal to at least $2,000 as                                                        
27            established by the department by regulation;                                                                 
28                      (B)  stock;                                                                                        
29                      (C)  noncash dividends from stock; and                                                             
30                      (D)  land;                                                                                         
31                 (3)  a permanent fund dividend issued under AS 43.23;                                                   

01                 (4)  compensation to volunteers under the federal retired and senior                                    
02       volunteers (42 U.S.C. 5001), foster grandparents (42 U.S.C. 5011), and senior                                     
03       companion (42 U.S.C. 5013) programs made in accordance with 42 U.S.C. 5044(f);                                    
04                 (5)  federal World War II restitution payments made under 50 U.S.C.                                     
05       App. 1989b-4 and c-5;                                                                                             
06                 (6)  payments under AS 18.67 (Violent Crimes Compensation Board);                                       
07                 (7)  an amount, determined by the department by regulation, that is                                     
08 sufficient for burial expenses of the resident, the resident's spouse, and dependents of                                
09       the resident;                                                                                                     
10 (8)  real property being used as the primary residence of the resident's                                                
11       spouse or a dependent of the resident;                                                                            
12 (9)  other real or personal property equal to at least a total value of up                                              
13       to $10,000 as established by the department by regulation;                                                        
14 (10)  federal payments that are excluded by law from income for                                                         
15       federal assistance purposes;                                                                                  
16 (11)  not more than $1,500 a year of the value of an interest in a                                                  
17 settlement trust or an amount distributed from or benefit provided by a                                             
18 settlement trust to an aged, blind, or disabled individual; in this paragraph,                                      
19 "aged, blind, or disabled individual" has the meaning given in 42 U.S.C.                                            
20       1382c(a)(1).