HB 177: "An Act relating to police protection service areas in unified municipalities; and to police protection provided by the state in certain municipal areas."
00HOUSE BILL NO. 177 01 "An Act relating to police protection service areas in unified municipalities; and 02 to police protection provided by the state in certain municipal areas." 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 (54) AS 29.35.495 (police protection service areas). 06 * Sec. 2. AS 29.35 is amended by adding a new section to article 7 to read: 07 Sec. 29.35.495. POLICE PROTECTION SERVICE AREAS. (a) The 08 residents of an area in a unified municipality may file a petition with the municipal 09 clerk for formation of a police protection service area for services to be provided by 10 the Department of Public Safety if the area is 11 (1) contiguous; and 12 (2) includes at least 50 residents or three percent of the municipal 13 population, whichever is greater. 14 (b) The petition form shall be supplied by the clerk at the request of a voter.
01 The petition must describe the boundaries of the proposed service area and the 02 additional police protection services to be provided by the Department of Public Safety 03 in the area. It shall be signed by a number of voters residing in the proposed service 04 area equal to at least 10 percent of the number of residents in the area who voted in 05 the last regular election. 06 (c) Upon receipt of a petition that meets the requirements of (a) of this section, 07 the municipal clerk shall submit the petition to the commissioner of public safety. 08 Within 30 days after receipt of the petition the commissioner shall notify the clerk of 09 what the estimated total cost of providing the services in the proposed service area 10 each month will be for a three-year period. The estimate shall be based on the direct 11 costs of troopers to be assigned to the area. If a trooper is expected to routinely cover 12 an area larger than the proposed service area, the cost of that trooper shall be prorated 13 proportionally to the amount of duty time spent within the service area. In addition 14 to the direct costs of troopers, the estimate shall include an amount to cover 15 administrative costs incurred by the department not to exceed 15 percent of the direct 16 costs. The sum of the direct costs and administrative costs equals the estimated total 17 cost for purposes of this section. 18 (d) Upon receipt by the clerk of the estimated total cost prepared by the 19 commissioner of public safety under (c) of this section, during the next regular or 20 special election held in the unified municipality the question of forming the proposed 21 police protection service area and of levying assessments to cover that estimated total 22 cost, plus costs of collection incurred by the municipality not to exceed four percent 23 of the estimated total cost, shall be placed before the voters residing in the proposed 24 service area. If the question is approved by a majority of those voting on the question, 25 the service area is formed and the commissioner of public safety shall provide the 26 additional services in that area. 27 (e) The governing body shall levy assessments in the service area to finance 28 the additional police protection services in an amount equal to the estimated total cost 29 provided by the commissioner of public safety plus the amount for administrative or 30 other costs incurred by the unified municipality approved by the voters. Payments 31 shall be made to the commissioner within 60 days of receipt of assessments by the
01 municipality. The municipality may retain from assessments the amount levied for 02 administrative or other costs incurred by the municipality. 03 (f) At least once every three years an election shall be held by the unified 04 municipality in a police protection service area formed under this section on the 05 question of continuation of the service area. The commissioner of public safety shall 06 submit a revised notice of the estimated total cost of providing the services during the 07 next three years prepared in accordance with (c) of this section for inclusion with the 08 question, and the municipality shall indicate the amount for costs of collection incurred 09 by the municipality not to exceed four percent of the revised estimated total cost. If 10 the question is not approved by a majority of the residents voting on the question, the 11 service area is dissolved 120 days after certification of the election. If the question is 12 approved, the rate of assessments shall be adjusted accordingly by the municipality. 13 (g) This section applies to unified municipalities, but not to other home rule 14 or general law municipalities.