Legislature(2007 - 2008)BARNES 124
03/27/2007 08:00 AM House COMMUNITY & REGIONAL AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB185 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 185 | TELECONFERENCED | |
| + | 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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