Legislature(2007 - 2008)BARNES 124

03/27/2007 08:00 AM House COMMUNITY & REGIONAL AFFAIRS


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08:03:52 AM Start
08:04:25 AM HB185
08:18:19 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 185 MUNICIPAL ROAD SERVICE AREAS TELECONFERENCED
Moved CSHB 185(CRA) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
    HOUSE COMMUNITY AND REGIONAL AFFAIRS STANDING COMMITTEE                                                                   
                         March 27, 2007                                                                                         
                           8:03 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Anna Fairclough, Co-Chair                                                                                        
Representative Gabrielle LeDoux, Co-Chair                                                                                       
Representative Nancy Dahlstrom                                                                                                  
Representative Mark Neuman                                                                                                      
Representative Kurt Olson                                                                                                       
Representative Sharon Cissna (via teleconference)                                                                               
Representative Woodie Salmon                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 185                                                                                                              
"An Act relating to certain municipal service areas that provide                                                                
road services."                                                                                                                 
                                                                                                                                
     - MOVED CSHB 185(CRA) OUT OF COMMITTEE                                                                                     
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 185                                                                                                                  
SHORT TITLE: MUNICIPAL ROAD SERVICE AREAS                                                                                       
SPONSOR(s): REPRESENTATIVE(s) COGHILL                                                                                           
                                                                                                                                
03/12/07       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/12/07       (H)       CRA, TRA                                                                                               
03/22/07       (H)       CRA AT 8:00 AM BARNES 124                                                                              
03/22/07       (H)       Heard & Held                                                                                           
03/22/07       (H)       MINUTE(CRA)                                                                                            
03/27/07       (H)       CRA AT 8:00 AM BARNES 124                                                                              
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
CAROL BEECHER, Staff                                                                                                            
to Representative John Coghill                                                                                                  
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:     During  hearing  of   HB  185,  answered                                                               
questions.                                                                                                                      
                                                                                                                                
RENE BROKER, Attorney                                                                                                           
Fairbanks North Star Borough                                                                                                    
Fairbanks, Alaska                                                                                                               
POSITION  STATEMENT:     During  hearing  of   HB  185,  answered                                                               
questions.                                                                                                                      
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
                                                                                                                                
CO-CHAIR  GABRIELLE   LEDOUX  called  the  House   Community  and                                                             
Regional Affairs  Standing Committee meeting to  order at 8:03:52                                                             
AM.    Representatives  LeDoux,  Fairclough,  Dahlstrom,  Neuman,                                                             
Olson, and Cissna  (via teleconference) were present  at the call                                                               
to order.   Representative Salmon  arrived as the meeting  was in                                                               
progress.                                                                                                                       
                                                                                                                                
HB 185-MUNICIPAL ROAD SERVICE AREAS                                                                                           
                                                                                                                                
8:04:25 AM                                                                                                                    
                                                                                                                                
CO-CHAIR LEDOUX announced  that the only order  of business would                                                               
be  HOUSE BILL  NO. 185,  "An Act  relating to  certain municipal                                                               
service  areas   that  provide  road  services."     [Before  the                                                               
committee was CSHB 185, Version E.]                                                                                             
                                                                                                                                
8:05:23 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DAHLSTROM moved to  rescind the committee's action                                                               
in adopting  Version 25-LS068\E, Cook,  3/21/07.  There  being no                                                               
objection, HB 185 was before the committee.                                                                                     
                                                                                                                                
8:05:52 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  FAIRCLOUGH moved  that the  committee adopt  Conceptual                                                               
Amendment 1, which read [original punctuation provided]:                                                                        
                                                                                                                                
     Page 2, Line 19:                                                                                                           
          Insert:   "or parcel"                                                                                               
                    Immediately following the word                                                                              
                    "subdivision" at the end of line 19                                                                         
                                                                                                                                
     Page 2, Line 21:                                                                                                           
          Insert:   "or parcel"                                                                                               
                    Immediately following the word                                                                              
                    "subdivision" in the middle of line 21                                                                      
                                                                                                                                
     Page 2, Line 22:                                                                                                           
          Insert:   "or parcel"                                                                                               
                    Immediately following the word                                                                              
                    "subdivision" at the start of line 22                                                                       
                                                                                                                                
     Page 2, Line 25:                                                                                                           
          Insert:   "or parcel"                                                                                               
                    Immediately following the word                                                                              
                    "subdivision" at the start of line 25                                                                       
                                                                                                                                
     Page 2, Line 26:                                                                                                           
          Insert:   "or parcel's"                                                                                             
                    Immediately following the word                                                                              
                    "subdivision's" in the middle of line                                                                       
                    26                                                                                                          
                                                                                                                                
CO-CHAIR FAIRCLOUGH  related that  originally Version  E inserted                                                               
the  term "property"  in place  of the  term "subdivision".   The                                                               
Municipality  of  Anchorage  expressed  concern  with  regard  to                                                               
constitutionality   with  the   language.      Upon  review   and                                                               
collaboration  with   the  Fairbanks  North  Star   Borough,  the                                                               
language "or parcel" was suggested.                                                                                           
                                                                                                                                
8:09:32 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  LEDOUX inquired  as to  how inserting  the language  in                                                               
Conceptual Amendment 1 would address constitutional concerns.                                                                   
                                                                                                                                
CO-CHAIR FAIRCLOUGH pointed out  that the committee packet should                                                               
include a  letter from the  Fairbanks North Star Borough  and the                                                               
Municipality   of  Anchorage   in  which   they  withdraw   their                                                               
constitutional and  charter concerns because changes  can be made                                                               
by ordinance to address the concerns.                                                                                           
                                                                                                                                
8:10:18 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DAHLSTROM  referred  to the  change  proposed  by                                                               
Conceptual Amendment  1 on  page 2, line  21, and  suggested that                                                               
one of the terms "or" should be deleted.                                                                                        
                                                                                                                                
CO-CHAIR FAIRCLOUGH clarified that  although it's wordy, it's the                                                               
intent  to  address access  by  a  subdivision or  an  individual                                                               
parcel.  She  acknowledged that a comma or semicolon  may need to                                                               
be  added  prior to  the  language  "or  provide", which  can  be                                                           
determined [by the drafter].                                                                                                    
                                                                                                                                
[There being no objection, Conceptual  Amendment 1 was treated as                                                               
adopted.]                                                                                                                       
                                                                                                                                
8:11:23 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  NEUMAN inquired  as to  the meaning  of paragraph                                                               
(4) on page 2, lines 24-27.                                                                                                     
                                                                                                                                
CAROL  BEECHER,  Staff  to Representative  John  Coghill,  Alaska                                                               
State Legislature, explained that paragraph  (4) on page 2, lines                                                               
24-27, was  included to allow  parcels or subdivisions in  a road                                                               
service  area  that  aren't receiving  access  through  the  road                                                               
service area to be removed from that road service area.                                                                         
                                                                                                                                
REPRESENTATIVE NEUMAN  surmised then  that subdivision  A doesn't                                                               
have to pay  for or join in a road  service area that subdivision                                                               
B forms.                                                                                                                        
                                                                                                                                
MS. BEECHER  related her  understanding that  there could  be two                                                               
subdivisions  abutting each  other that  could have  two separate                                                               
road  service areas.    Paragraph (4)  addresses  a situation  in                                                               
which  a subdivision  isn't using  a  road service  area, but  is                                                               
being charged for it.                                                                                                           
                                                                                                                                
REPRESENTATIVE NEUMAN  posed a situation  in which one has  to go                                                               
through  subdivision A  to  get  to subdivision  B.    In such  a                                                               
situation, does subdivision A have  the ability to say it doesn't                                                               
want to be in the road service area of [subdivision B].                                                                         
                                                                                                                                
MS.  BEECHER said  that paragraph  (3)  on page  2, lines  19-23,                                                               
addresses  a situation  in which  subdivision A  doesn't want  to                                                               
have  subdivision B  within its  road service  area.   In such  a                                                               
situation, [subdivision  A] would have  the right to vote  to not                                                               
include [subdivision B] in its road service area.                                                                               
                                                                                                                                
REPRESENTATIVE NEUMAN requested  further explanation of paragraph                                                               
(4).                                                                                                                            
                                                                                                                                
8:15:12 AM                                                                                                                    
                                                                                                                                
RENE BROKER,  Attorney, Fairbanks  North Star  Borough, explained                                                               
that paragraph  (4) addresses a  parcel or a subdivision  that is                                                               
already in a road service area,  but the parcel or subdivision no                                                               
longer needs or  uses the roads within the road  service area for                                                               
access to their  property.  Paragraph (4) allows  the assembly to                                                               
specify  that  certain  parcels or  subdivision  can  be  removed                                                               
because it's  unfair to keep them  in the road service  area when                                                               
they no longer  receive the benefit of the roads  within the road                                                               
service area.                                                                                                                   
                                                                                                                                
REPRESENTATIVE  NEUMAN   asked  if,  under  paragraph   (4),  the                                                               
residents of a road service area have a voice in the decision.                                                                  
                                                                                                                                
MS.  BROKER said  that  paragraph (4)  only  provides the  public                                                               
process in the assembly.                                                                                                        
                                                                                                                                
8:16:42 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  FAIRCLOUGH noted  that she  had provided  the committee                                                               
with an e-mail from Tammie Wilson regarding this legislation.                                                                   
                                                                                                                                
8:18:04 AM                                                                                                                    
                                                                                                                                
CO-CHAIR FAIRCLOUGH  moved to report  HB 185, as amended,  out of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal  notes.   There  being  no  objection, CSHB  185(CRA)  was                                                               
reported from  the House Community and  Regional Affairs Standing                                                               
Committee.                                                                                                                      
                                                                                                                                
8:18:19 AM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Community  and Regional  Affairs Standing  Committee meeting  was                                                               
adjourned at 8:18 a.m.                                                                                                          

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