CSHB 135(JUD): "An Act relating to municipal fees for certain police protection services."

00 CS FOR HOUSE BILL NO. 135(JUD) 01 "An Act relating to municipal fees for certain police protection services." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 29.10.200 is amended by adding a new paragraph to read: 04 (60) AS 29.35.125 (fees for police protection services). 05 * Sec. 2. AS 29.35 is amended by adding a new section to read: 06 Sec. 29.35.125. Fees for police protection services. (a) A municipality may 07 by ordinance impose a fee on the owner of residential property, including multi-family 08 housing, if a member of the municipal police department goes to the property an 09 excessive number of times during a calendar year in response to a call for assistance, a 10 complaint, an emergency, or a potential emergency. The number of responses 11 considered to be excessive and the amount of the fee shall be set out in the ordinance 12 that establishes the fee. A fee may not be imposed under this subsection for responses 13 to calls that involve potential domestic violence, as defined in AS 18.66.990, or 14 potential stalking under AS 11.41.260 or 11.41.270. An ordinance enacted under this 15 section shall require actual notice to the property owner of police contacts and a

01 warning that failure to take appropriate corrective action may result in the imposition 02 of a fee. The ordinance must also define "appropriate corrective action" to include 03 written notice to quit under AS 09.45.100 - 09.45.110 in appropriate situations as well 04 as other types of corrective action, and provide that the property owner is not liable for 05 the fee if that action is promptly taken. 06 (b) A municipality may provide that a fee imposed under (a) of this section is 07 a lien on the property to which the municipal police have been called an excessive 08 number of times and may provide for the recording and notice of the lien. When 09 recorded, a lien under this subsection has priority over all other liens except 10 (1) liens for property taxes, special assessments, and sales and use 11 taxes; 12 (2) liens that were perfected before the recording of the lien under this 13 subsection; and 14 (3) mechanics' and materialmen's liens for which claims of lien under 15 AS 34.35.070 or notices of right to lien under AS 34.35.064 have been recorded 16 before the recording of the lien under this subsection. 17 (c) This section applies to home rule and general law municipalities.