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Enrolled SB 19: Relating to road service area boundary changes.

00 Enrolled SB 19                                                                                                          
01 Relating to road service area boundary changes.                                                                         
02                           _______________                                                                               
03    * Section 1. AS 29.35.450(c) is amended to read:                                                                   
04            (c)  If voters reside within a service area that provides road, fire protection, or                          
05       parks and recreation services, abolishment of the service area is subject to approval by                          
06       the majority of the voters residing in the service area who vote on the question. A                               
07       service area that provides road, fire protection, or parks and recreation services in                             
08       which voters reside may not be abolished and replaced by a larger service area unless                             
09       that proposal is approved, separately, by a majority of the voters who vote on the                                
10       question residing in the existing service area and by a majority of the voters who vote                           
11       on the question residing in the area proposed to be included within the new service                               
12       area but outside of the existing service area. A service area that provides road, fire                            
13       protection, or parks and recreation services in which voters reside may not be altered                            
14       or combined with another service area unless that proposal is approved, separately, by                            
15       a majority of the voters who vote on the question and who reside in each of the service                           
01       areas or in the area outside of service areas that is affected by the proposal. This                              
02       subsection does not apply                                                                                         
03                 (1)  to a proposed change to a service area that provides fire protection                               
04       services                                                                                                          
05                      (A)  that would result in increasing the number of parcels of                                      
06            land in the service area or successor service area if the increase is not more                               
07            than six percent and would add not more than 1,000 residents;                                                
08                      (B)  in a second class borough that would result in                                                
09                           (i)  decreasing the number of parcels of land in the                                          
10                 service area or successor service area if the owner of the property to be                               
11                 removed from the area requests removal and the removal meets criteria                                   
12                 adopted by ordinance; or                                                                                
13                           (ii)  increasing or decreasing the number of parcels of                                       
14                 land in the service area or successor service area if the parcel is                                     
15                 transferred to a service area that provides more accessible fire                                        
16                 protection services to the transferred parcel;                                                          
17                 (2)  in a second class borough to abolishment of a road service area or                                 
18       consolidation of two or more road service areas if                                                                
19                      (A)  taxes have not been levied in the service area for road                                       
20            maintenance or construction during the last 12 months and there is no balance                                
21            in any account available to pay for these road services for the service area;                                
22                      (B)  during the last 12 months, the service area board has not                                     
23            met with a quorum present and in accordance with law; or                                                     
24                      (C)  there are no road maintenance contracts in effect for the                                     
25            service area or the existing road maintenance contracts fail to provide for                                  
26            minimum road standards required by law that are necessary to protect the                                     
27            borough from civil liability;                                                                                
28                 (3)  to require approval by the voters residing in a subdivision or parcel                              
29       proposed to be added to a road service area if roads maintained by the service area                               
30       provide the only access to the subdivision or parcel or provide access to the                                     
31       subdivision or parcel that is required by the subdivision plat or by other regulation or                          
01       ordinance;                                                                                                        
02                 (4)  to a change in the boundaries of a road service area to exclude a                                  
03       subdivision or parcel that does not rely on the use of roads maintained by the service                            
04       area for the subdivision's or parcel's only access or for access that is required by the                          
05       subdivision plat or by other regulation or ordinance;                                                         
06                 (5)  to a change in the boundaries of a road service area to include                                
07       or exclude a parcel that is located in more than one service area so that the parcel                          
08       is only located in one road service area;                                                                     
09                 (6)  to a change in the boundaries of a road service area to include                                
10       a parcel that is partially located in the road service area if roads maintained by                            
11       the service area provide the only access to the parcel.