SB 208 AM: "An Act relating to municipal service areas and providing for voter approval of the formation, alteration, or abolishment of certain service areas; and providing for an effective date."
00SENATE BILL NO. 208 am 01 "An Act relating to municipal service areas and providing for voter approval of 02 the formation, alteration, or abolishment of certain service areas; and providing 03 for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 29.10.200 is amended by adding a new paragraph to read: 06 (54) AS 29.35.450 (voter approval of alteration or abolishment of 07 service areas). 08 * Sec. 2. AS 29.26.050(b) is amended to read: 09 (b) Voter registration by the municipality may not be required. However, 10 subject to AS 29.35.450(c), in order to vote for a candidate or on a ballot measure 11 relating to a specific local election district or service area, a municipality may by 12 ordinance require that a person be registered to vote in state elections at least 30 days 13 before the municipal election at an address within the boundaries of that local election 14 district or service area.
01 * Sec. 3. AS 29.35.450(a) is amended to read: 02 (a) A service area to provide special services in a borough or unified 03 municipality may be established, operated, altered, or abolished by ordinance , subject 04 to (c) of this section. Special services include services not provided by the unified 05 municipality or a higher or different level of services . Special services include 06 services not provided by a borough on an areawide or nonareawide basis in the 07 borough [,] or a higher or different level of services [SERVICE] than that provided 08 on an areawide or nonareawide basis. A [THE] borough may include a city in a 09 service area if 10 (1) the city agrees by ordinance; or 11 (2) approval is granted by a majority of voters residing in the city, and 12 by a majority of voters residing inside the boundaries of the proposed service area but 13 outside of the city. 14 * Sec. 4. AS 29.35.450 is amended by adding new subsections to read: 15 (c) If voters reside within a service area, abolishment of the service area is 16 subject to approval by the majority of the voters who reside or own real property in 17 the service area and who vote on the question. A service area in which voters reside 18 may not be abolished and replaced by a larger service area unless that proposal is 19 approved, separately, by a majority of the voters who reside or own real property in 20 the existing service area and who vote on the question, and by a majority of the voters 21 who reside or own real property in the area outside of the existing service area that is 22 proposed to be included and who vote on the question. A service area in which voters 23 reside may not be altered or combined with another service area unless that proposal 24 is approved, separately, by a majority of the voters who reside or own real property 25 in each of the service areas affected by the proposal and who vote on the question. 26 (d) This section applies to home rule and general law municipalities. 27 * Sec. 5. AS 29.35.450(c) is amended to read: 28 (c) If voters reside within a service area, abolishment of the service area is 29 subject to approval by the majority of the voters who reside [OR OWN REAL 30 PROPERTY] in the service area and who vote on the question. A service area in 31 which voters reside may not be abolished and replaced by a larger service area unless
01 that proposal is approved, separately, by a majority of the voters who reside [OR 02 OWN REAL PROPERTY] in the existing service area and who vote on the question, 03 and by a majority of the voters who reside [OR OWN REAL PROPERTY] in the area 04 outside of the existing service area that is proposed to be included and who vote on 05 the question. A service area in which voters reside may not be altered or combined 06 with another service area unless that proposal is approved, separately, by a majority 07 of the voters who reside [OR OWN REAL PROPERTY] in each of the service areas 08 affected by the proposal and who vote on the question. 09 * Sec. 6. Section 5 of this Act takes effect, only if a court finds the requirement for 10 approval of certain changes to a service area by voters that include real property owners who 11 do not reside within the service area violates art. V, sec. 1, Constitution of the State of Alaska. 12 * Sec. 7. If sec. 5 of this Act takes effect, it takes effect, after a court finds the voter 13 approval requirement invalid under sec. 6 of this Act, on the date that the time for filing an 14 appeal has expired or a final decision on appeal has been reached.