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30th Legislature(2017-2018)

Bill Text 30th Legislature


00 Enrolled HB 131                                                                                                         
01 Relating to relocation assistance for federally assisted public construction and improvement                            
02 projects and programs; and providing for an effective date.                                                             
03                           _______________                                                                               
04    * Section 1. AS 34.60.010 is amended to read:                                                                        
05 Sec. 34.60.010. Purpose. The purpose of this chapter is to establish a uniform                                          
06 policy for the fair and equitable treatment of persons displaced as a result of federally                               
07 assisted public construction and improvement projects and programs in order that                                      
08 the displaced persons will not suffer disproportionate injuries as a result of programs                                 
09       designed for the benefit of the public as a whole.                                                                
10    * Sec. 2. AS 34.60.040(c) is repealed and reenacted to read:                                                         
11 (c)  A displaced person eligible for payments under (a) of this section who is                                          
12 displaced from a place of business or from a farm operation and who elects to accept                                    
13 the payment authorized by this subsection in place of the payment authorized by (a) of                                  
14 this section may receive a fixed payment, in an amount determined by the state                                          
01       agency, subject to the payment amount limitations under 42 U.S.C. 4622(c), as                                     
02       amended. A person whose sole business at the real property acquired is the rental of                              
03       the property to others does not qualify for payment under this subsection.                                        
04    * Sec. 3. AS 34.60.040(d) is amended to read:                                                                        
05 (d)  In addition to the moving expenses allowed under this section, a displaced                                         
06 farm or business may receive a payment, not to exceed the amount described in 42                                      
07 U.S.C. 4622(a)(4), as amended [$10,000], for the actual reasonable expenses                                           
08       necessary to reestablish the operation at a new site.                                                             
09    * Sec. 4. AS 34.60.050(a) is amended to read:                                                                        
10 (a)  In addition to payments otherwise authorized by this chapter, the state                                            
11 agency shall make an additional payment, not to exceed the amount described in 42                                   
12 U.S.C. 4623(a)(1), as amended [$22,500], to a displaced person who is displaced                                       
13 from a dwelling actually owned and occupied by the person for not less than 90 [180]                                  
14 days before the initiation of negotiations for the acquisition of the property. This                                    
15       additional payment must include the following elements:                                                           
16 (1)  the amount, if any, that, when added to the acquisition cost of the                                                
17 dwelling acquired by the state agency, equals the reasonable cost of a comparable                                       
18 replacement dwelling that is a decent, safe, and sanitary dwelling adequate to                                          
19 accommodate the displaced person, is reasonably accessible to public services and                                       
20 places of employment, and is available on the private market; all determinations                                        
21 required to carry out this paragraph shall be made in accordance with standards                                         
22       established by the state agency making the additional payment;                                                    
23 (2)  the amount, if any, that will compensate the displaced person for                                                  
24 any increased interest costs that the displaced person is required to pay for financing                                 
25 the acquisition of the comparable replacement dwelling; this amount may be paid only                                    
26 if the dwelling acquired by the state agency was encumbered by a bona fide mortgage                                     
27 that was a valid lien on the dwelling for not less than 90 [180] days before the                                      
28       initiation of negotiations for the acquisition of the dwelling; and                                               
29 (3)  reasonable expenses incurred by the displaced person for evidence                                                  
30 of title, recording fees, and other closing costs incident to the purchase of the                                       
31       replacement dwelling, but not including prepaid expenses.                                                         
01    * Sec. 5. AS 34.60.060 is amended to read:                                                                           
02 Sec. 34.60.060. Replacement housing for tenants and others. In addition to                                              
03 amounts otherwise authorized by this chapter, the state agency shall make a payment                                     
04 to or for a displaced person displaced from a dwelling, who is not eligible to receive a                                
05 payment under AS 34.60.050, if the dwelling was actually and lawfully occupied by                                       
06 the displaced person for not less than 90 days before the initiation of negotiations for                                
07       acquisition of the dwelling. The payment must be either                                                           
08 (1)  the amount necessary to enable the displaced person to lease or rent                                               
09 for a period not to exceed three years and six months, a decent, safe, and sanitary                                     
10 dwelling of standards adequate to accommodate the displaced person in areas not                                         
11 generally less desirable in regard to public utilities and public and commercial                                        
12 facilities, and reasonably accessible to the person's place of employment, but not to                                   
13       exceed the amount described in 42 U.S.C. 4624(a), as amended [$5,250]; or                                       
14 (2)  the amount necessary to enable the displaced person to make a                                                      
15 down payment, including incidental expenses described in AS 34.60.050(a)(3), on the                                     
16 purchase of a decent, safe, and sanitary dwelling of standards adequate to                                              
17 accommodate the displaced person in areas not generally less desirable in regard to                                     
18 public utilities and public and commercial facilities, but not to exceed the amount                                   
19       described in 42 U.S.C. 4624(a), as amended [$5,250].                                                            
20    * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to                            
21 read:                                                                                                                   
22       RETROACTIVITY. This Act is retroactive to October 1, 2014.                                                        
23    * Sec. 7. This Act takes effect immediately under AS 01.10.070(c).                                                   
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