HOUSE BILL NO. 81 "An Act relating to the longevity bonus program." NANCY BEAR-USERA, COMMISSIONER, DEPARTMENT OF ADMINISTRATION urged the Committee's support for the Governors proposal to grandfather participants in at the current rate of $250 dollars with a three year phase down. Commissioner Usera referred to the companion bill to HB 81, CSSB 58 (FIN). She observed that the Administration has had the long standing problem of constitutionality in developing a phase out program. She noted that eligibility based on age has been questioned by the courts. She discussed amendments adopted in CSSB 58 (FIN) which have been endorsed by the Administration. She pointed out that CSSB 58 (FIN) uses the application date as the eligibility criteria. She added that a severability clause was added to CSSB 58 (FIN) to assure that if a portion of the bill is found to be unconstitutional other portions of the bill would not be overturned. Co-Chair Larson provided members with Work Draft, 8-GH1022-J (Attachment 1). He explained that the Work Draft extends the phase out over a longer period than CSHB 81 (STA). Co- Chair Larson MOVED to ADOPT Work Draft, 8-GH1022-J. There being NO OBJECTION, it was so ordered. Co-Chair Larson compared CSHB 81 (FIN) with CSHB 81 (STA). He reviewed provisions contained in CSHB 81 (STA): 2 * End new enrollment with those who turn 65 before January 1, 1994; * Bonus payments would be set at $225 dollars. He reviewed provisions of CSHB 81 (FIN): * End new enrollment with those who turn 65 before January 1, 1996; Bonus payments would be: * $225, if the person reached the age of 65 before January 1, 1994; * $150, if the person reached the age of 65 before January 1, 1995; * $100, if the person reached the age of 65 before January 1, 1996; Co-Chair Larson compared CSHB 81 (FIN) with CSSB 58 (FIN). Co-Chair Larson MOVED to AMEND CSHB 81 (FIN) by deleting "person reached the age of 65" and inserting "person's application was submitted" on page 1, lines 8 - 13. There being NO OBJECTION, it was so ordered. Commissioner Usera explained that eligibility will be based on the date of application not age. She gave the example of a 76 year old person who moves to the state and applies for the first time after January 1, 1995 but before January 1, 1996. The individual would be eligible for the same amount as other first time participants applying at that time ($100). Representative Hanley MOVED to ADOPT page 2, lines 2 - 31 and page 3, lines 1 and 2, the language contained in CSSB 58 (FIN) with the following amendments to that language: Delete "1997" insert "1996" on page 2, lines 6 and 28; delete "(4)" insert "(3)", page 2, line 7. There being NO OBJECTION, the amendments were incorporated into CSHB 81 (FIN). Representative Hanley MOVED to report CSHB 81 (FIN) out of Committee with individual recommendations and with the accompanying fiscal notes. Representative Hoffman OBJECTED. A roll call vote was taken on the motion. IN FAVOR: Brown, Grussendorf, Hanley, Martin, Parnell, Therriault, MacLean, Larson OPPOSED: Hoffman, Foster 3 Representative Navarre was not present for the vote. The MOTION PASSED (8-2). CSHB 81 (FIN) was reported out of Committee with "individual recommendations" and with a fiscal impact note by the Department of Administration and with a fiscal impact note by the Department of Health and Social Services.