00                      CS FOR HOUSE BILL NO. 135(JUD)                                                                    
01 "An Act relating to municipal fees for certain police protection services."                                             
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1.  AS 29.10.200 is amended by adding a new paragraph to read:                                           
04                 (60)  AS 29.35.125 (fees for police protection services).                                               
05    * Sec. 2.  AS 29.35 is amended by adding a new section to read:                                                    
06            Sec. 29.35.125.  Fees for police protection services.  (a)  A municipality may                             
07       by ordinance impose a fee on the owner of residential property, including multi-family                            
08       housing, if a member of the municipal police department goes to the property an                                   
09       excessive number of times during a calendar year in response to a call for assistance, a                          
10       complaint, an emergency, or a potential emergency.  The number of responses                                       
11       considered to be excessive and the amount of the fee shall be set out in the ordinance                            
12       that establishes the fee.  A fee may not be imposed under this subsection for responses                           
13       to calls that involve potential domestic violence, as defined in AS 18.66.990, or                                 
14       potential stalking under AS 11.41.260 or 11.41.270.  An ordinance enacted under this                              
15       section shall require actual notice to the property owner of police contacts and a                                

01       warning that failure to take appropriate corrective action may result in the imposition                           
02       of a fee.  The ordinance must also define "appropriate corrective action" to include                              
03       written notice to quit under AS 09.45.100 - 09.45.110 in appropriate situations as well                           
04       as other types of corrective action, and provide that the property owner is not liable for                        
05       the fee if that action is promptly taken.                                                                         
06            (b)  A municipality may provide that a fee imposed under (a) of this section is                              
07       a lien on the property to which the municipal police have been called an excessive                                
08       number of times and may provide for the recording and notice of the lien.  When                                   
09       recorded, a lien under this subsection has priority over all other liens except                                   
10                 (1)  liens for property taxes, special assessments, and sales and use                                   
11       taxes;                                                                                                            
12                 (2)  liens that were perfected before the recording of the lien under this                              
13       subsection; and                                                                                                   
14                 (3)  mechanics' and materialmen's liens for which claims of lien under                                  
15       AS 34.35.070 or notices of right to lien under AS 34.35.064 have been recorded                                    
16       before the recording of the lien under this subsection.                                                           
17            (c)  This section applies to home rule and general law municipalities.