Legislature(1993 - 1994)

1994-02-02 House Journal

Full Journal pdf

1994-02-02                     House Journal                      Page 2222
HB 18                                                                        
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 18                                                             
"An Act relating to police protection service areas in                        
municipalities."                                                               
                                                                               
with the:                                                 Journal Page         
                                                                               
	CRA RPT  CS(CRA)  2DP 2DNP 3NR                                    727         
	-FISCAL NOTE  (DPS)  3/22/93                                      727         
	JUD RPT  CS(CRA)  3DNP 4NR                                       1059         
	-PREVIOUS FN (DPS)  3/22/93                                      1059         
	FIN RPT  CS(CRA) 1DP 3DNP 6 NR                                   2148         
	-FISCAL NOTE (DPS) 1/26/94                                       2149         
                                                                               
Representative Phillips moved and asked unanimous consent that the             
following committee substitute be adopted in lieu of the original bill:        
                                                                               
CS FOR HOUSE BILL NO. 18(CRA)                                                 
(same title)                                                                  
                                                                               
Representative Mackie objected and withdrew the objection.  There              
being no further objection, it was so ordered.                                 

1994-02-02                     House Journal                      Page 2223
HB 18                                                                        
Amendment No. 1 was offered  by Representative Finkelstein:                     
                                                                               
Page 1, line 1, delete all material and insert:                                
                                                                               
"`An Act relating to service areas in unified municipalities to              
provide police protection and law enforcement services; and                    
providing for an effective date.'                                              
                                                                              
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF                               
ALASKA:                                                                        
                                                                               
   * Section 1.  AS 29.10.200 is amended by adding a new paragraph           
to read:                                                                       
		(53)  AS29.35.495 (police protection service areas).                        
                                                                               
   * Sec. 2.  AS 29.35 is amended by adding a new section to article         
7 to read:                                                                     
                                                                               
	Sec. 29.35.495.  POLICE PROTECTION SERVICE AREAS.                            
(a)  Notwithstanding provisions in the home rule charter, a service            
area to provide police protection and law enforcement services                 
may be established, operated, altered, or abolished in a unified               
municipality by ordinance.  The ordinance may provide for an                   
appointed or elected board to supervise the furnishing of the police           
protection services.                                                           
                                                                               
	(b)  A unified municipality may by ordinance levy taxes,                     
charges, or assessments to finance the police protection services in           
a service area. Restrictions or limitations on the levy of taxes,              
charges or assessments in the home rule charter do not apply to                
taxes, charges, or assessments levied under this section, nor shall            
they be considered in applying the restrictions or limitations.                
                                                                               
   * Sec. 3.  This Act takes effect immediately under AS 01.10.070(c)."      
                                                                               
Representative Finkelstein moved and asked unanimous consent that              
Amendment No. 1 be adopted.                                                    
                                                                               
                                                                               
Representative Phillips objected.                                              
                                                                               

1994-02-02                     House Journal                      Page 2224
HB 18                                                                        
Representative Bunde placed a call of the House.                               
                                                                               
                                                                               
**The presence of Representatives Hoffman, Moses and Sanders was               
noted.                                                                         
                                                                               
The Speaker stated the call was satisfied.                                     
                                                                               
Amendment to Amendment No. 1 was offered  by Representative                     
Finkelstein:                                                                   
                                                                               
Under Section 2, subsection (a), following "charter":                          
                                                                               
	Insert "which may require a referendum within a service area"                 
                                                                               
Representative Finkelstein moved and asked unanimous consent that              
the amendment to Amendment No. 1 be adopted.                                   
                                                                               
Representative Phillips objected.                                              
                                                                               
                                                                               
The question being:  "Shall the amendment to Amendment No. 1 be                
adopted? The roll was taken with the following result:                         
                                                                               
CSHB 18(CRA)                                                                   
Second Reading                                                                 
Amendment to Amendment No. 1                                                   
                                                                               
YEAS:  21   NAYS:  14   EXCUSED:  5   ABSENT:  0                             
                                                                               
Yeas:  Barnes, Brown, Carney, Davies, B.Davis, Finkelstein, Foster,            
Green, Grussendorf, Hanley, Hoffman, Hudson, Kott, Mackie, Mulder,             
Navarre, Nordlund, Porter, Sanders, Sitton, Ulmer                              
                                                                               
Nays:  Brice, Bunde, G.Davis, James, Larson, Martin, Moses, Olberg,            
Parnell, Phillips, Therriault, Toohey, Vezey, Willis                           
                                                                               
Excused:  Davidson, MacLean, Menard, Nicholia, Williams                        
                                                                               
                                                                               
And so, the amendment to Amendment No. 1 was adopted.                          

1994-02-02                     House Journal                      Page 2225
HB 18                                                                        
The question being:  "Shall Amendment No. 1 as amended be adopted?             
The roll was taken with the following result:                                  
                                                                               
CSHB 18(CRA)                                                                   
Second Reading                                                                 
Amendment No. 1 as amended                                                     
                                                                               
YEAS:  18   NAYS:  17   EXCUSED:  5   ABSENT:  0                             
                                                                               
Yeas:  Barnes, Carney, Davies, B.Davis, G.Davis, Finkelstein, Foster,          
Grussendorf, Hoffman, Kott, Mackie, Mulder, Navarre, Nordlund,                 
Porter, Sanders, Sitton, Ulmer                                                 
                                                                               
                                                                               
Nays:  Brice, Brown, Bunde, Green, Hanley, Hudson, James, Larson,              
Martin, Moses, Olberg, Parnell, Phillips, Therriault, Toohey, Vezey,           
Willis                                                                         
                                                                               
Excused:  Davidson, MacLean, Menard, Nicholia, Williams                        
                                                                               
Navarre changed from "Nay" to "Yea".                                           
                                                                               
And so, Amendment No. 1 as amended was adopted and the new title               
appears below:                                                                 
                                                                               
	CS FOR HOUSE BILL NO. 18(CRA) am                                              
"An Act relating to service areas in unified municipalities to                
provide police protection and law enforcement services; and                    
providing for an effective date."                                              
                                                                               
Representative Phillips moved and asked unanimous consent that                 
CSHB 18(CRA) am be considered engrossed, advanced to third                     
reading and placed on final passage.                                           
                                                                               
                                                                               
Representative Bunde objected.                                                 
                                                                               
                                                                               
The Speaker stated that CSHB 18(CRA) am will be in third reading on            
tomorrow's calendar.