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SCS CSHB 133(CRA) AM S: "An Act relating to municipal service areas and providing for voter approval of the formation, alteration, or abolishment of certain service areas."

00SENATE CS FOR CS FOR HOUSE BILL NO. 133(CRA) am S 01 "An Act relating to municipal service areas and providing for voter approval of 02 the formation, alteration, or abolishment of certain service areas." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 29.10.200 is amended by adding a new paragraph to read: 05  (60) AS 29.35.450 (voter approval of alteration or abolishment of 06 service areas). 07 * Sec. 2. AS 29.35.450(a) is amended to read: 08  (a) A service area to provide special services in a borough or unified 09 municipality may be established, operated, altered, or abolished by ordinance , subject 10 to (c) of this section. Special services include services not provided by the unified 11 municipality or a higher or different level of services . Special services include 12 services not provided by a borough on an areawide or nonareawide basis in the 13 borough [,] or a higher or different level of services [SERVICE] than that provided 14 on an areawide or nonareawide basis. A [THE] borough may include a city in a

01 service area if 02  (1) the city agrees by ordinance; or 03  (2) approval is granted by a majority of voters residing in the city, and 04 by a majority of voters residing inside the boundaries of the proposed service area but 05 outside of the city. 06 * Sec. 3. AS 29.35.450 is amended by adding new subsections to read: 07  (c) If voters reside within a service area that provides road or fire protection 08 services, abolishment of the service area is subject to approval by the majority of the 09 voters residing in the service area who vote on the question. A service area that 10 provides road or fire protection services in which voters reside may not be abolished 11 and replaced by a larger service area unless that proposal is approved, separately, by 12 a majority of the voters who vote on the question residing in the existing service area 13 and by a majority of the voters who vote on the question residing in the area proposed 14 to be included within the new service area but outside of the existing service area. A 15 service area that provides road or fire protection services in which voters reside may 16 not be altered or combined with another service area unless that proposal is approved, 17 separately, by a majority of the voters who vote on the question and who reside in 18 each of the service areas or in the area outside of service areas that is affected by the 19 proposal. This subsection does not apply to a proposed change to a service area that 20 provides fire protection services that would result in increasing the number of parcels 21 of land in the service area or successor service area if the increase is no more than six 22 percent. 23  (d) This section applies to a home rule or general law municipality, except that 24 (c) of this section does not apply to a second class borough with a population that is 25 over 50,000 and under 80,000. 26 * Sec. 4. AS 29.35.470 is amended by adding a new subsection to read: 27  (b) The assembly may by ordinance establish, alter, and abolish differential tax 28 zones within a service area to provide and levy property taxes for a different level of 29 services than that provided generally in the service area.