00                      CS FOR HOUSE BILL NO. 121(2d RLS)                                                                  
01 "An Act relating to consolidating or abolishing certain road service areas in certain                                   
02 second class boroughs; and providing for an effective date."                                                            
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 29.35.450(c) is amended to read:                                                                  
05            (c)  If voters reside within a service area that provides road, fire protection, or                          
06       parks and recreation services, abolishment of the service area is subject to approval by                          
07       the majority of the voters residing in the service area who vote on the question. A                               
08       service area that provides road, fire protection, or parks and recreation services in                             
09       which voters reside may not be abolished and replaced by a larger service area unless                             
10       that proposal is approved, separately, by a majority of the voters who vote on the                                
11       question residing in the existing service area and by a majority of the voters who vote                           
12       on the question residing in the area proposed to be included within the new service                               
13       area but outside of the existing service area. A service area that provides road, fire                            
14       protection, or parks and recreation services in which voters reside may not be altered                            
01       or combined with another service area unless that proposal is approved, separately, by                            
02       a majority of the voters who vote on the question and who reside in each of the service                           
03       areas or in the area outside of service areas that is affected by the proposal. This                              
04       subsection does not apply to a proposed change to a service area that provides fire                               
05       protection services that would result in increasing the number of parcels of land in the                          
06       service area or successor service area if the increase is not [NO] more than six percent                      
07       and would add not [NO] more than 1,000 residents.  This subsection does not apply                         
08       in a second class borough to abolishment of a road service area or consolidation                              
09       of two or more road service areas if                                                                          
10                 (1)  taxes have not been levied in the service area for road                                        
11       maintenance or construction during the last 12 months and there is no balance in                              
12       any account available to pay for these road services for the service area;                                    
13                 (2)  during the last 12 months, the service area board has not met                                  
14       with a quorum present and in accordance with law; or                                                          
15                 (3)  there are no road maintenance contracts in effect for the                                      
16       service area or the existing road maintenance contracts fail to provide for                                   
17       minimum road standards required by law that are necessary to protect the                                      
18       borough from civil liability.                                                                                 
19    * Sec. 2.  This Act takes effect immediately under AS 01.10.070(c).