HB 259: "An Act relating to relocation assistance for federally assisted projects and programs; and providing for an effective date."
00 HOUSE BILL NO. 259 01 "An Act relating to relocation assistance for federally assisted projects and programs; 02 and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 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 07 federally assisted programs in order that the displaced persons will not suffer 08 disproportionate injuries as a result of programs designed for the benefits of the 09 public as a whole. Payments to displaced persons under this chapter shall be 10 made in accordance with the requirements and limitations of 42 U.S.C. 4601 - 11 4655 (Uniform Relocation Assistance and Real Property Acquisition Policies 12 Act of 1970). 13 * Sec. 2. AS 34.60.040(c) is repealed and reenacted to read: 14 (c) A displaced person eligible for payments under (a) of this section who is
01 displaced from a place of business or from a farm operation and who elects to accept 02 the payment authorized by this subsection in place of the payment authorized by (a) of 03 this section may receive a fixed payment. A person whose sole business at the 04 displacement dwelling is the rental of the property to others shall not qualify for 05 payment under this subsection. 06 * Sec. 3. AS 34.60.040(d) is amended to read: 07 (d) In addition to the moving expenses allowed under this section, a displaced 08 farm or business may receive a payment [, NOT TO EXCEED $10,000,] for the actual 09 reasonable expenses necessary to reestablish the operation at a new site. 10 * Sec. 4. AS 34.60.050(a) is amended to read: 11 (a) In addition to payments otherwise authorized by this chapter, the state 12 agency shall make an additional payment [NOT TO EXCEED $22,500,] to a displaced 13 person who is displaced from a dwelling actually owned and occupied by the person 14 for not less than 90  days before the initiation of negotiations for the acquisition 15 of the property. This 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  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 13 TO EXCEED $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 19 $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. Sections 2 - 5 of this Act are retroactive to October 1, 2014. 23 * Sec. 7. This Act takes effect immediately under AS 01.10.070(c).