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25th Legislature(2007-2008)

Bill Text 25th Legislature


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).                                                 
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