Legislature(2001 - 2002)
2002-05-17 Senate Journal
Full Journal pdf2002-05-17 Senate Journal Page 3659 SB 2008 SENATE BILL NO. 2008 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: "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." was read the first time and referred to the Finance Committee. The following fiscal information was published today: Fiscal Note No. 1, Department of Administration Governor's transmittal letter dated May 17: 2002-05-17 Senate Journal Page 3660 Dear President Halford: I am transmitting this bill to this special session changing the name of the Alaska Pioneers' Home to the Alaska Pioneers' and Veterans' Home and reserving a certain number of beds in the homes for eligible veterans. In 1992, the Legislature authorized the Department of Administration to apply for federal assistance to establish and operate state veterans' home facilities to provide domiciliary care. In 1998, that statute was amended to include the provision of nursing home care with related medical services for veterans in those facilities. Financing for such facilities has not been available. However, the Pioneers' Home has vacant beds that could be used to provide the long-term care for veterans that the 1992 and 1998 laws contemplated. Accordingly, I am proposing that the law be changed so that the Pioneers' Home can provide this service. The bill would provide that a certain number of beds be reserved in the home for veterans who meet the other eligibility requirements for admission, including being at least 65 years old, being an Alaska resident for at least one year, and needing the services that the home provides. The number of beds to be reserved for veterans would be determined by the department by regulation. The bill defines "veteran" as anyone who has 181 days or more of active service in the armed services of the United States, including the Alaska National Guard or the Alaska Territorial Guard. In addition, the bill would make two changes in the statutes imposing residency requirements for admission into the home. First, the bill recognizes in statute a court decision concerning the residency requirement for the home. The 15-year requirement for admission was ruled unconstitutional by the Alaska courts in the early 1990s; the home has been using a one-year requirement since then under Department of Law advice that that is the longest requirement that could withstand a constitutional challenge. Thus, this bill would simply amend the relevant statute to bring it in line with constitutional requirements and current practice. The bill also would repeal a statute, closely tied to the 15-year residency requirement, that provides that an applicant does not have to meet the 15-year requirement if the 2002-05-17 Senate Journal Page 3661 applicant has 30 years' total residency in Alaska. Given the elimination of the 15-year requirement, the statute proposed for repeal would no longer be relevant. Moreover, even though there is no court decision on point, the Department of Law has advised that this 30-year residency statute also would likely be invalidated if it were challenged. The bill amends the statutes regarding the Alaska Pioneers' Homes Advisory Board to reflect the new name of the home and to provide that at least two of the seven members appointed by the governor must be veterans. A second, separate amendment to the membership provision would replace one of those two veterans with the chair of the Alaska Veterans Advisory Council, contingent on enactment into law of a bill I am introducing to establish that council. The bill makes or provides for conforming changes to other statutes and to the Alaska Administrative Code. This important legislation was presented during the regular session, but did not pass. I urge your prompt and favorable action on this measure during the special session. It is urgent to our veterans that the legislation pass now in special session. Our veterans have served our state well. It is now our time to recognize these efforts and to provide these essential services. Sincerely, /s/ Tony Knowles Governor