HB 465: "An Act relating to the temporary establishment of the Alaska Disaster Assistance Program; and providing for an effective date."

00HOUSE BILL NO. 465 01 "An Act relating to the temporary establishment of the Alaska Disaster Assistance 02 Program; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. ALASKA DISASTER ASSISTANCE PROGRAM. (a) The Alaska Disaster 05 Assistance Program (ADAP) is established in the Department of Labor to provide a cash 06 benefit to individuals who have suffered a loss of primary income due to the 1997 economic 07 disaster caused by the failure of the salmon fishery harvest in the Bristol Bay salmon drift and 08 set gillnet and Kuskokwim salmon gillnet fisheries, as established in the regulations adopted 09 by the Board of Fisheries under AS 16.05.251. The cash benefit shall be awarded in an 10 amount up to $700 per month, for a maximum of $1,400, for the months of June and July 11 1997, or a pro-rated amount based on the number of eligible applicants and the specific 12 amount appropriated for this purpose, whichever is less. 13 (b) An individual who applies during the application period is eligible for a cash 14 benefit under ADAP for each month in which the individual qualifies if the individual

01 (1) suffered a loss of primary income that the individual normally would have 02 received through participation in a 1997 Bristol Bay or Kuskokwim salmon gillnet fishery or 03 in a closely related industry; 04 (2) participated, or intended to participate, in a 1997 Bristol Bay or 05 Kuskokwim salmon gillnet fishery or a closely related industry, as evidenced by a permit, a 06 license, an agreement, a contract, or a pattern of previous participation in a closely related 07 industry; 08 (3) within the previous two years, derived a principal source of income from 09 commercial fishing in the Bristol Bay or Kuskokwim salmon gillnet fishery or from work in 10 a closely related industry; 11 (4) has a family income that does not exceed 185 percent of the federal 1997 12 poverty guidelines for this state; 13 (5) is a United States citizen or meets the alien status requirements established 14 for unemployment insurance (UI) benefits to avoid disqualification under AS 23.20.381; and 15 (6) did not receive an assistance payment, a benefit, or a waiting week credit, 16 and was not disqualified from receiving an assistance payment, a benefit, or a waiting week 17 credit, under the Alaska temporary assistance program (ATAP) or the UI program, for any 18 period during June and July 1997, except that an individual who received an ATAP assistance 19 payment or UI benefit for one of the two months may receive an ADAP benefit for the month 20 in which the ATAP assistance payment or UI benefit was not received. 21 (c) The application period for an ADAP benefit begins 10 working days after the 22 effective date of this Act and continues for 15 working days. The application must be on a 23 form provided by the department and must contain a statement declaring loss of income as 24 a direct result of the economic disaster, documentation of attachment to the fishery, and the 25 signature of the applicant attesting that the information provided in the application is true. 26 The department may ask an applicant to supplement the original application with supporting 27 documentation. The application must authorize the department to verify the information 28 contained in the application with public agencies and employers. An application for an ADAP 29 benefit is not a public record and information contained in it is confidential under 30 AS 09.25.100 - 09.25.220 and AS 23.20.110. The department shall deny an application if the 31 application is filed or postmarked after the close of the application period.

01 (d) An applicant may appeal an ADAP benefit determination under the appeals 02 procedures established for the UI program in AS 23.20.420 and the regulations established 03 under AS 23.20.420, except that 04 (1) an appeal of an initial ADAP benefit determination must be filed within 05 15 days after the mailing or personal delivery of the determination; and 06 (2) an appeal to the commissioner of labor must be filed within 15 days after 07 the mailing or personal delivery of the decision by the appeals referee of the department. 08 (e) The department shall recover any benefits that are improperly paid to individuals 09 under the ADAP under the procedures for the recovery of improper unemployment 10 compensation payments established in AS 23.20.390. Amounts recovered under this 11 subsection shall be deposited in the general fund. If ADAP benefits were improperly paid 12 because of a fraudulent misrepresentation or nondisclosure on an ADAP application, the 13 applicant is disqualified from receiving any ADAP benefits. 14 (f) For the purposes of this section, 15 (1) "ADAP" means the Alaska Disaster Assistance Program; 16 (2) "Alaska temporary assistance program" or "ATAP" means the assistance 17 program established under AS 47.27; 18 (3) "closely related industry" means boat repair, net repair, fuel dock, cold 19 storage, cannery, or a local shore-based industry that provides services critical to the support 20 of the fishery operations; 21 (4) "department" means the Department of Labor; 22 (5) "documentation of attachment to the fishery" includes copies of licenses, 23 permits, wage statements, receipts for expenses establishing an intent to participate in one or 24 more of the 1997 fisheries or in a closely related industry, and documents that establish 25 previous participation in those fisheries or in a closely related industry, including income tax 26 returns, earnings documentation, fish landing records, and other documents that will support 27 a pattern of previous participation; 28 (6) "pattern of previous participation" means actual participation in the fishery 29 or in a closely related industry in at least one of the previous two years; 30 (7) "UI" means unemployment insurance provided for under the Alaska 31 Employment Security Act (AS 23.20).

01 * Sec. 2. Section 1 of this Act is repealed. 02 * Sec. 3. Section 1 of this Act takes effect immediately under AS 01.10.070(c). 03 * Sec. 4. Section 2 of this Act takes effect January 31, 1999.