00                      CS FOR HOUSE BILL NO. 135(JUD) am                                                                  
01 "An Act relating to municipal fees for certain police protection services and to a tenant's                             
02 activities that result in the imposition of those fees."                                                                
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 29.10.200 is amended by adding a new paragraph to read:                                           
05                 (60)  AS 29.35.125 (fees for police protection services).                                               
06    * Sec. 2.  AS 29.35 is amended by adding a new section to read:                                                    
07            Sec. 29.35.125.  Fees for police protection services.  (a)  A municipality may                             
08       by ordinance impose a fee on the owner of residential property, including multi-family                            
09       housing, if a member of the municipal police department goes to the property an                                   
10       excessive number of times during a calendar year in response to a call for assistance, a                          
11       complaint, an emergency, or a potential emergency.  The number of responses                                       
12       considered to be excessive and the amount of the fee shall be set out in the ordinance                            
13       that establishes the fee.  A fee may not be imposed under this subsection for responses                           
14       to calls that involve potential domestic violence, as defined in AS 18.66.990, or                                 
01       potential stalking under AS 11.41.260 or 11.41.270.  An ordinance enacted under this                              
02       section shall require actual notice to the property owner of police contacts and a                                
03       warning that failure to take appropriate corrective action may result in the imposition                           
04       of a fee.  The ordinance must also define "appropriate corrective action" to include                              
05       written notice to quit under AS 09.45.100 - 09.45.110 in appropriate situations as well                           
06       as other types of corrective action, and provide that the property owner is not liable for                        
07       the fee if that action is promptly taken.                                                                         
08            (b)  A municipality may provide that a fee imposed under (a) of this section is                              
09       a lien on the property to which the municipal police have been called an excessive                                
10       number of times and may provide for the recording and notice of the lien.  When                                   
11       recorded, a lien under this subsection has priority over all other liens except                                   
12                 (1)  liens for property taxes, special assessments, and sales and use                                   
13       taxes;                                                                                                            
14                 (2)  liens that were perfected before the recording of the lien under this                              
15       subsection; and                                                                                                   
16                 (3)  mechanics' and materialmen's liens for which claims of lien under                                  
17       AS 34.35.070 or notices of right to lien under AS 34.35.064 have been recorded                                    
18       before the recording of the lien under this subsection.                                                           
19            (c)  This section applies to home rule and general law municipalities.                                       
20    * Sec. 3.  AS 34.03.120(a) is amended to read:                                                                     
21            (a)  The tenant                                                                                              
22                 (1)  shall keep that part of the premises occupied and used by the tenant                               
23       as clean and safe as the condition of the premises permit;                                                        
24                 (2)  shall dispose all ashes, rubbish, garbage, and other waste from the                                
25       dwelling unit in a clean and safe manner;                                                                         
26                 (3)  shall keep all plumbing fixtures in the dwelling unit or used by the                               
27       tenant as clean as their condition permits;                                                                       
28                 (4)  shall use in a reasonable manner all electrical, plumbing, sanitary,                               
29       heating, ventilating, air-conditioning, kitchen, and other facilities and appliances                              
30       including elevators in the premises;                                                                              
31                 (5)  may not deliberately or negligently destroy, deface, damage,                                       
01       impair, or remove a part of the premises or knowingly permit any person to do so;                                 
02                 (6)  may not unreasonably disturb, or permit others on the premises                                     
03       with the tenant's consent to unreasonably disturb, a neighbor's peaceful enjoyment of                             
04       the premises;                                                                                                     
05                 (7)  shall maintain smoke detection devices as required under                                           
06       AS 18.70.095; [AND]                                                                                               
07                 (8)  may not, except in an emergency when the landlord cannot be                                        
08       contacted after reasonable effort to do so, change the locks on doors of the premises                             
09       without first securing the written agreement of the landlord and, immediately after                               
10       changing the locks, providing the landlord a set of keys to all doors for which locks                             
11       have been changed; in an emergency, the tenant may change the locks and shall,                                    
12       within five days, provide the landlord a set of keys to all doors for which locks have                            
13       been changed and written notice of the change; and                                                            
14            (9)  may not unreasonably engage in conduct, or permit others on the                                     
15       premises to engage in conduct, that results in the imposition of a fee under a                                
16       municipal ordinance adopted under AS 29.35.125.