SB 4002: "An Act establishing the Alaska resource rebate program and relating to the program; and providing for an effective date."
00 SENATE BILL NO. 4002 01 "An Act establishing the Alaska resource rebate program and relating to the program; 02 and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 05 to read: 06 ALASKA RESOURCE REBATE PROGRAM. (a) Subject to appropriation and 07 availability of funds for the program, the Alaska resource rebate program is established in the 08 Department of Revenue to provide residents of the state with a resource rebate. 09 (b) An individual eligible for the program may receive a payment in the amount of 10 $1,200. A parent, guardian, or other authorized representative may claim a resource rebate on 11 behalf of an unemancipated minor or on behalf of a disabled or an incompetent individual 12 who is eligible to receive a payment under this section, if the sponsor complies with the 13 requirements described in (i) of this section. An individual may receive only one payment 14 under the program. If the department estimates that appropriations for the program are
01 insufficient to meet the demands of the program, the department may reduce or eliminate the 02 resource rebate available under the program. 03 (c) An individual may elect not to receive a payment under the program. An 04 individual who elects not to receive a payment under the program may 05 (1) provide notice of the election on a form provided by the department; notice 06 must be postmarked or received by the department not later than August 15, 2008; or 07 (2) return the payment to the department if the individual has received a 08 payment. 09 (d) The department 10 (1) shall administer the Alaska resource rebate program; and 11 (2) may adopt regulations under AS 44.62 to implement this section. 12 (e) An individual is eligible to receive a payment under the program if 13 (1) the individual has been determined eligible to receive a permanent fund 14 dividend for 2008 under AS 43.23; or 15 (2) the individual 16 (A) timely applies for the resource rebate under the program on a form 17 provided by the department; an application is timely under the program if the 18 application is postmarked or received by the department on or after October 1, 2008, 19 and no later than November 30, 2008; 20 (B) is a resident of the state as described in (f) of this section; 21 (C) with the application required by (A) of this paragraph, provides 22 proof of 23 (i) residency as described in (g) of this section; and 24 (ii) identification as described in (h) of this section; 25 (D) is not ineligible for a permanent fund dividend for 2008 under 26 AS 43.23.005(d); and 27 (E) provides the name, physical address, telephone number, and 28 signature, under the penalty of perjury, of two state residents unrelated to the applicant 29 who can verify that the individual is a resident as described in (f) of this section. 30 (f) An individual is a resident of the state for the purposes of (e)(2) of this section if 31 the individual
01 (1) was voluntarily and physically present in the state on the date the 02 individual applied for a resource rebate under the program; 03 (2) was voluntarily and physically present in the state for the period from 04 April 1, 2008, through October 1, 2008; and 05 (3) intends to maintain a home in the state. 06 (g) A copy of at least one of the following current and valid documents must be 07 submitted with an application under (e)(2) of this section as proof of residency in the state; the 08 document may not be more than six months old and must show a physical residence address: 09 (1) a utility or other energy-related bill; 10 (2) a mortgage or rental agreement showing the applicant as a lessee or person 11 legally entitled to occupy the residence; 12 (3) an official voter registration card issued under AS 15.07; 13 (4) a letter from the Department of Health and Social Services indicating 14 eligibility for medical assistance under AS 47.07; 15 (5) a paycheck stub; 16 (6) a letter from the Department of Health and Social Services indicating 17 eligibility for public assistance under AS 47.25.130 - 47.25.615; 18 (7) a cancelled check or bank statement. 19 (h) One of the following current and valid documents must be shown to the 20 department or a copy submitted with an application under (e)(2) of this section as proof of 21 identification of the applicant: 22 (1) a certified copy of the applicant's birth certificate; 23 (2) a social security card issued by the United States Social Security 24 Administration; 25 (3) a driver's license issued under AS 28.15; 26 (4) a state identification card issued under AS 18.65.310; 27 (5) a passport; 28 (6) a visa issued by the United States Department of State. 29 (i) In addition to the other requirements of this section, when a parent, guardian, or 30 other authorized representative sponsors an application for a payment on behalf of an 31 unemancipated minor or on behalf of a disabled or an incompetent person under (e)(2) of this
01 section, a copy of one of the following current and valid documents must be provided to the 02 department with the application: 03 (1) a birth certificate identifying the sponsor as the biological parent of the 04 minor; 05 (2) a court order identifying the sponsor as the lawful and physical custodian 06 of the minor; 07 (3) an adoption order identifying the sponsor as the lawful custodian of the 08 minor; 09 (4) medical documentation regarding a disability if the sponsor is submitting 10 an application on behalf of a disabled adult; 11 (5) a court order appointing the sponsor as conservator or guardian of an 12 incompetent adult if the sponsor is submitting an application on behalf of an incompetent 13 adult. 14 (j) An individual aggrieved by a decision of the department regarding the individual's 15 eligibility to receive a resource rebate under the program, other than a determination based on 16 insufficient funding of the program, may request a hearing before the office of administrative 17 hearings established under AS 44.64. 18 (k) An individual is liable to the department for the value of the resource rebate 19 improperly paid under the program if the improper payment was based on inaccurate or false 20 information provided by the individual. In a civil action brought by the state to recover from 21 the individual the value of the resource rebate improperly paid under the program, the state 22 may recover from the individual the costs of investigation and prosecution of the civil action, 23 including attorney fees as determined under court rules. 24 (l) In determining the eligibility of an individual under a public assistance program 25 administered by the Department of Health and Social Services in which eligibility for 26 assistance is based on financial need, the Department of Health and Social Services may not 27 consider a payment under this section as income or resources received by the recipient of 28 public assistance or by a member of the recipient's household unless required to do so by 29 federal law. The Department of Health and Social Services shall notify all recipients of public 30 assistance of the effects of receiving a payment under this section. 31 (m) An individual who is denied medical assistance under 42 U.S.C. 1396 - 1396v
01 (Title XIX, Social Security Act) solely because of the receipt of a payment under this section 02 by the individual or by a member of the individual's household is eligible for state-funded 03 medical assistance under AS 47.25.120 - 47.25.300 (general relief assistance). The individual 04 is entitled to receive, for a period not to exceed four months, the same level of medical 05 assistance as the individual would have received under 42 U.S.C. 1396 - 1396v had a payment 06 not been received under this section. 07 (n) An individual who is denied assistance solely because payments under this section 08 received by the individual or by a member of the individual's household are counted as 09 income or resources under federal law is eligible for cash assistance under AS 47.25.120 - 10 47.25.300 (general relief assistance). Notwithstanding the limit in AS 47.25.130, the 11 individual is entitled to receive, for a period not to exceed four months, the same amount as 12 the individual would have received under other public assistance programs had a payment not 13 been received under this section. 14 (o) A program that is established before the effective date of this Act, that is 15 administered by the state or any of its instrumentalities or municipalities or by a Native 16 organization under AS 47.27.070, 47.27.200, or 47.27.300, and for which eligibility is based 17 on financial need may not consider a payment under this section as income or resources 18 unless required to do so by federal law. 19 (p) A veteran, or spouse or dependent of a living or deceased veteran, who is denied 20 or receives reduced disability payments solely because payments under this section received 21 by the individual are counted as income is eligible for veterans' benefits under AS 47.25.120 - 22 47.25.300 (general relief assistance). Notwithstanding the limit in AS 47.25.130, the veteran, 23 or spouse or dependent of a living or deceased veteran, is entitled to receive the same amount 24 as the individual would have received under 38 U.S.C. 1315, 1513, 1521, and 1541 - 1542 25 had a payment not been received under this section. 26 (q) Notwithstanding any contrary provision of state law, a payment under the program 27 is exempt from levy, execution, garnishment, or any other remedy for debt collection until 28 after the payment made under this program has been received by the individual. No other 29 exemption applies to a payment received under the program. 30 (r) In this section, unless the context requires otherwise, 31 (1) "department" means the Department of Revenue;
01 (2) "program" means the Alaska resource rebate program. 02 * Sec. 2. Section 1 of this Act is repealed June 30, 2009. 03 * Sec. 3. This Act takes effect immediately under AS 01.10.070(c).