SCS CSHB 81(RLS): "An Act relating to the longevity bonus program."

00SENATE CS FOR CS FOR HOUSE BILL NO. 81(RLS) 01 "An Act relating to the longevity bonus program." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 43.23.055 is amended to read: 04  Sec. 43.23.055. DUTIES OF THE DEPARTMENT. The department shall 05  (1) annually pay permanent fund dividends from the dividend fund; 06  (2) subject to AS 43.23.011 and paragraph (8) of this section, adopt 07 regulations under AS 44.62 (Administrative Procedure Act) that establish procedures 08 and time limits for claiming a permanent fund dividend; the department shall determine 09 the number of eligible applicants by October 1 of the year for which the dividend is 10 declared and pay the dividends by December 31 of that year; 11  (3) adopt regulations under AS 44.62 (Administrative Procedure Act) 12 that establish procedures and time limits for an individual upon emancipation or upon 13 reaching majority to apply for permanent fund dividends not received during minority 14 because the parent, guardian, or other authorized representative did not apply on behalf

01 of the individual; 02  (4) assist residents of the state, particularly in rural areas, who because 03 of language, disability, or inaccessibility to public transportation need assistance to 04 establish eligibility and to apply for permanent fund dividends; 05  (5) annually determine, in cooperation with the Department of 06 Corrections, the number and identity of individuals ineligible for a permanent fund 07 dividend under AS 43.23.005(d); 08  (6) adopt regulations that are necessary to implement AS 43.23.005(d); 09  (7) adopt regulations that establish procedures for the parent, guardian, 10 or other authorized representative of a disabled individual to apply for prior year 11 permanent fund dividends not received by the disabled individual because no 12 application was submitted on behalf of the individual; 13  (8) adopt regulations that establish procedures for an individual to apply 14 to have a dividend warrant reissued if it is returned to the department as undeliverable 15 or it is not paid within two years of the date of its issuance; however, the department 16 may not establish a time limit within which an application to have a warrant reissued 17 must be filed; 18  (9) adopt regulations establishing an optional longevity bonus 19 program to provide for the direct payment by the department of an individual's 20 permanent fund dividend to an annuity program selected by the individual. 21 * Sec. 2. AS 47.45.010(a) is amended to read: 22  (a) A person who is 65 years of age or over who resides in the state for at 23 least one year immediately preceding application for a longevity bonus under this 24 chapter [,] may apply to the commissioner of administration no later than 25 December 31, 1996, for qualification to receive a monthly bonus of 26  (1) $250, if the person's application was submitted before 27 January 1, 1994; 28  (2) $200, if the person's application was submitted on or after 29 January 1, 1994, but before January 1, 1995; 30  (3) $150, if the person's application was submitted on or after 31 January 1, 1995, but before January 1, 1996; or

01  (4) $100, if the person's application was submitted on or after 02 January 1, 1996, but before January 1, 1997. 03 * Sec. 3. AS 47.45 is amended by adding a new section to read: 04  Sec. 47.45.045. REAPPLICATION AFTER DISQUALIFICATION. A person 05 who has been disqualified under this chapter from receiving a bonus for a period of 06 12 consecutive months or more may not reapply for qualification for a bonus unless 07 the reapplication is made before January 1, 1997. The amount of that person's 08 monthly bonus shall be determined under AS 47.45.010(a)(1) - (4) based on the date 09 of reapplication. 10 * Sec. 4. AS 47.45.070(a) is amended to read: 11  (a) An unqualified person is one who 12  (1) does not meet the age or residence requirements as provided for 13 under this chapter; 14  (2) meets the age and residence requirements of this chapter but either 15 is confined in a state or federal mental health institution or facility and is certified by 16 the state as unable to manage personal affairs, or resides in a nursing home as that 17 term is defined in AS 08.70.180; however, if that person, at the time of commitment 18 or commencement of residence, provided the principal support of a spouse, the 19 commissioner of administration may determine to pay the confined person's bonus to 20 the person's spouse until the spouse is qualified for a bonus; 21  (3) is otherwise qualified but confined in a penal or correctional 22 institution or facility; upon completion of sentence or upon the conferral of a pardon, 23 parole, or probation, the person may make application; confinement outside the state 24 shall be considered as residence in the state if a person was convicted and sentenced 25 from a court in Alaska; revocation of parole or probation shall be cause for immediate 26 disqualification until release from confinement is again effected; 27  (4) voluntarily leaves the state and remains absent from the state for 28 a continuous period of more than 90 days; 29  (5) did not apply, under AS 47.45.010(a), before January 1, 1997, 30 for qualification to receive a longevity bonus; 31  (6) was found qualified to receive a longevity bonus, was

01 subsequently disqualified for 12 consecutive months or more, and did not reapply 02 before January 1, 1997. 03 * Sec. 5. AS 43.23.055(9) is repealed on July 31, 1995, if, on June 30, 1995, fewer than 04 5,000 individuals have elected to participate in the optional longevity bonus program 05 established in AS 43.23.055(9), added by sec. 1 of this Act. On or after July 1, 1995, but 06 before July 31, 1995, the commissioner of revenue shall notify the revisor of statutes and the 07 lieutenant governor of the number of individuals who have elected before July 1, 1995, to 08 participate in the optional longevity bonus program. 09 * Sec. 6. SEVERABILITY. (a) Under AS 01.10.030, if any provision of 10 AS 47.45.010(a)(1) - (4), amended by sec. 2 of this Act, AS 47.45.045, added by sec. 3 of this 11 Act, or AS 47.45.070(a)(5) and (6), added by sec. 4 of this Act, or the application of a 12 provision of this Act to any person or circumstance, is held invalid, the remainder of this Act 13 and the application to other persons or circumstances shall not be affected. 14 (b) Under AS 01.10.030, if AS 43.23.055(9), added by sec. 1 of this Act, is held to 15 violate art. II, sec. 13, Constitution of the State of Alaska, the remainder of this Act shall not 16 be affected.