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Enrolled SB 157: Exempting solicitations or voluntary agreements to provide ambulance, emergency, or fire department services from regulation as insurance; relating to municipal fire protection service area boundary changes.

00Enrolled SB 157 01 Exempting solicitations or voluntary agreements to provide ambulance, emergency, or fire 02 department services from regulation as insurance; relating to municipal fire protection service 03 area boundary changes. 04 _______________ 05 * Section 1. AS 21.03.021 is amended by adding a new subsection to read: 06 (h) This title does not apply to the solicitation of an agreement or an 07 agreement between a prospective recipient of ambulance, emergency, or fire 08 protection services and a municipality or community-based nonprofit that provides 09 ambulance, emergency, or fire protection services. 10 * Sec. 2. AS 29.35.450(c) is amended to read: 11 (c) If voters reside within a service area that provides road, fire protection, or 12 parks and recreation services, abolishment of the service area is subject to approval by 13 the majority of the voters residing in the service area who vote on the question. A 14 service area that provides road, fire protection, or parks and recreation services in

01 which voters reside may not be abolished and replaced by a larger service area unless 02 that proposal is approved, separately, by a majority of the voters who vote on the 03 question residing in the existing service area and by a majority of the voters who vote 04 on the question residing in the area proposed to be included within the new service 05 area but outside of the existing service area. A service area that provides road, fire 06 protection, or parks and recreation services in which voters reside may not be altered 07 or combined with another service area unless that proposal is approved, separately, by 08 a majority of the voters who vote on the question and who reside in each of the service 09 areas or in the area outside of service areas that is affected by the proposal. This 10 subsection does not apply 11 (1) to a proposed change to a service area that provides fire protection 12 services 13 (A) that would result in increasing the number of parcels of 14 land in the service area or successor service area if the increase is not more 15 than six percent and would add not more than 1,000 residents; 16 (B) in a second class borough that would result in 17 (i) decreasing the number of parcels of land in the 18 service area or successor service area if the owner of the property 19 to be removed from the area requests removal and the removal 20 meets criteria adopted by ordinance; or 21 (ii) increasing or decreasing the number of parcels 22 of land in the service area or successor service area if the parcel is 23 transferred to a service area that provides more accessible fire 24 protection services to the transferred parcel; 25 (2) in a second class borough to abolishment of a road service area or 26 consolidation of two or more road service areas if 27 (A) taxes have not been levied in the service area for road 28 maintenance or construction during the last 12 months and there is no balance 29 in any account available to pay for these road services for the service area; 30 (B) during the last 12 months, the service area board has not 31 met with a quorum present and in accordance with law; or

01 (C) there are no road maintenance contracts in effect for the 02 service area or the existing road maintenance contracts fail to provide for 03 minimum road standards required by law that are necessary to protect the 04 borough from civil liability; 05 (3) to require approval by the voters residing in a subdivision or parcel 06 proposed to be added to a road service area if roads maintained by the service area 07 provide the only access to the subdivision or parcel or provide access to the 08 subdivision or parcel that is required by the subdivision plat or by other regulation or 09 ordinance; 10 (4) to a change in the boundaries of a road service area to exclude a 11 subdivision or parcel that does not rely on the use of roads maintained by the service 12 area for the subdivision's or parcel's only access or for access that is required by the 13 subdivision plat or by other regulation or ordinance.