Legislature(2001 - 2002)

03/20/2001 08:07 AM CRA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
HB 135-MUNICIPAL FEES: POLICE & FIRE SERVICES                                                                                 
                                                                                                                                
Number 0076                                                                                                                     
                                                                                                                                
CO-CHAIR MEYER announced  that the first order  of business would                                                               
be HOUSE  BILL NO. 135,  "An Act  relating to municipal  fees for                                                               
certain police  protection services."  [Before  the committee was                                                               
CSHB 135, version LS0421\F, Cook, 3/9/01, as amended.]                                                                          
                                                                                                                                
REPRESENTATIVE GUESS,  testifying as sponsor of  HB 135, reminded                                                               
the committee  that at  the last  meeting a  conceptual amendment                                                               
was  adopted that  would insert  language ensuring  actual notice                                                               
and  consideration  for  appropriate  corrective  action  in  the                                                               
ordinance.   She  pointed out  that the  committee packet  should                                                               
include  an amendment  that is  based on  the previously  adopted                                                               
conceptual amendment, this amendment  was developed with the help                                                               
of  her  office,  Anchorage Assemblyman  Tesche,  and  Tam  Cook,                                                               
Director,  Legal  and   Research  Services,  Legislative  Affairs                                                               
Agency.  The amendment is as follows:                                                                                           
                                                                                                                                
     Page 1, line 13, following "AS 18.66.990.":                                                                                
          Insert "An ordinance enacted under this section                                                                       
     shall require  actual notice to  the property  owner of                                                                    
     police  contacts and  a warning  that  failure to  take                                                                    
     appropriate  corrective   action  may  result   in  the                                                                    
     imposition of a  fee.  The ordinance  shall also define                                                                    
     "appropriate  corrective action"  and provide  that the                                                                    
     property  owner  is not  liable  for  the fee  if  that                                                                    
     action is promptly taken.                                                                                                  
                                                                                                                                
     [Original punctuation provided.]                                                                                           
                                                                                                                                
Number 0199                                                                                                                     
                                                                                                                                
REPRESENTATIVE MURKOWSKI  referred to  the "warning"  included in                                                               
the  amendment.   She noted  her  appreciation of  not being  too                                                               
specific so that the municipality  can have enough flexibility to                                                               
structure it for  their needs.  She related  her understanding of                                                               
the amendment  as follows:   "All we're  saying is you've  got to                                                               
have actual notice,  we don't care how it's delivered  ..., and a                                                               
warning and  then we're  leaving it up  to the  municipalities to                                                               
define what appropriate corrective action can be."                                                                              
                                                                                                                                
REPRESENTATIVE  GUESS  agreed   with  Representative  Murkowski's                                                               
understanding.   She  also agreed  with Representative  Murkowski                                                               
that "promptly" is being left for the municipality to define.                                                                   
                                                                                                                                
Number 0290                                                                                                                     
                                                                                                                                
REPRESENTATIVE  MURKOWSKI   asked  if  this   language  addresses                                                               
Representative Kerttula's concern regarding evictions.                                                                          
                                                                                                                                
REPRESENTATIVE KERTTULA remarked, "It  probably goes further than                                                               
that  because  it would  probably  allow  even things  less  than                                                               
actual  eviction."   She  indicated that  the  language seems  to                                                               
address her concerns.                                                                                                           
                                                                                                                                
Number 0381                                                                                                                     
                                                                                                                                
REPRESENTATIVE  MURKOWSKI  moved  to  report  CSHB  135,  version                                                               
LS0421\F,  Cook,   3/9/01,  out  of  committee   with  individual                                                               
recommendations  and the  accompanying zero  fiscal note.   There                                                               
being no  objection, CSHB  135(CRA) was  reported from  the House                                                               
Community and Regional Affairs Standing Committee.                                                                              
                                                                                                                                
The committee took  a brief at-ease at 8:12 a.m.  to 8:13 a.m. in                                                               
order to pass the gavel to Co-Chair Morgan.                                                                                     
                                                                                                                                

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