SB 218: "An Act relating to road service area consolidation."
00 SENATE BILL NO. 218 01 "An Act relating to road service area consolidation." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 29.35.450(c) is amended to read: 04 (c) If voters reside within a service area that provides road, fire protection, or 05 parks and recreation services, abolishment of the service area is subject to approval by 06 the majority of the voters residing in the service area who vote on the question. A 07 service area that provides road, fire protection, or parks and recreation services in 08 which voters reside may not be abolished and replaced by a larger service area unless 09 that proposal is approved, separately, by a majority of the voters who vote on the 10 question residing in the existing service area and by a majority of the voters who vote 11 on the question residing in the area proposed to be included within the new service 12 area but outside of the existing service area. A service area that provides road, fire 13 protection, or parks and recreation services in which voters reside may not be altered 14 or combined with another service area unless that proposal is approved, separately, by 15 a majority of the voters who vote on the question and who reside in each of the service
01 areas or in the area outside of service areas that is affected by the proposal. This 02 subsection does not apply 03 (1) to a proposed change to a service area that provides fire protection 04 services 05 (A) that would result in increasing the number of parcels of 06 land in the service area or successor service area if the increase is not more 07 than six percent and would add not more than 1,000 residents; 08 (B) in a second class borough that would result in 09 (i) decreasing the number of parcels of land in the 10 service area or successor service area if the owner of the property to be 11 removed from the area requests removal and the removal meets criteria 12 adopted by ordinance; or 13 (ii) increasing or decreasing the number of parcels of 14 land in the service area or successor service area if the parcel is 15 transferred to a service area that provides more accessible fire 16 protection services to the transferred parcel; 17 (2) in a second class borough to abolishment of a road service area or 18 consolidation of two or more road service areas if 19 (A) taxes have not been levied in the service area for road 20 maintenance or construction during the last 12 months and there is no balance 21 in any account available to pay for these road services for the service area; 22 (B) during the last 12 months, the service area board has not 23 met with a quorum present and in accordance with law; [OR] 24 (C) there are no road maintenance contracts in effect for the 25 service area or the existing road maintenance contracts fail to provide for 26 minimum road standards required by law that are necessary to protect the 27 borough from civil liability; or 28 (D) two or more service area boards request service area 29 consolidation for the purpose of creating a single new service area that 30 includes all of the parcels from the consolidated service areas and no 31 additional parcels;
01 (3) to require approval by the voters residing in a subdivision or parcel 02 proposed to be added to a road service area if roads maintained by the service area 03 provide the only access to the subdivision or parcel or provide access to the 04 subdivision or parcel that is required by the subdivision plat or by other regulation or 05 ordinance; 06 (4) to a change in the boundaries of a road service area to exclude a 07 subdivision or parcel that does not rely on the use of roads maintained by the service 08 area for the subdivision's or parcel's only access or for access that is required by the 09 subdivision plat or by other regulation or ordinance; 10 (5) to a change in the boundaries of a road service area to include or 11 exclude a parcel that is located in more than one service area so that the parcel is only 12 located in one road service area; 13 (6) to a change in the boundaries of a road service area to include a 14 parcel that is partially located in the road service area if roads maintained by the 15 service area provide the only access to the parcel.