Legislature(1993 - 1994)
1994-04-22 Senate Journal
Full Journal pdf1994-04-22 Senate Journal Page 3916 SB 365 SENATE BILL NO. 365 "An Act relating to the improvement of state finances and fiscal accountability by increasing fees, by collecting additional revenue, by reducing certain program expenditures by changing services or eligibility requirements for programs, by changing certain statutory limitation periods, by providing for use of certain electronic records, by making changes to state agency functions or procedures including certain reporting and planning procedures, and by authorizing extensions for state leases for real property if certain savings can be achieved; and providing for an effective date" which had been placed at the bottom of today's calendar (page 3874) was before the Senate in second reading. Senator Pearce offered Amendment No. 3 : Page 1, line 1 through page 17, line 19: Delete all material and insert the following: "An Act amending, and repealing laws providing for state agency functions and services related to transportation and capital improvement planning, workers' compensation, motor vehicles and motor vehicle insurance, medical care for prisoners, state building leases, and review and approval of water and sewer systems, for the purpose of reducing state government expenditures; and providing for an effective date." BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: * Section 1. AS19.10.140 is amended to read: Sec. 19.10.140. LONG-RANGE PROGRAM FOR HIGHWAY CONSTRUCTION [AND MAINTENANCE]. The [GOVERNOR SHALL REQUIRE THE] department shall [TO] establish a continuing, long-range program for highway construction [AND MAINTENANCE]. The program must annually project proposed construction [AND MAINTENANCE] of highways in a priority format for not less than the next succeeding five years. A statement of the program shall be submitted by the governor to the legislature annually [, AND THE LONG-RANGE PROGRAM SHALL INCLUDE IN DETAIL THE PROGRAM PREPARED UNDER AS19.10.150]. 1994-04-22 Senate Journal Page 3917 SB 365 * Sec. 2. AS19.10.150 is amended to read: Sec. 19.10.150. CONSTRUCTION PROGRAM. Before February2 of each year, the department shall prepare a statement showing what construction work has been requested and proposed and may be undertaken by the department during the following construction season. The statement must set out [FORTH A GENERAL ITEMIZATION OF] the estimated cost for each project and the total estimates of all projects. [THE DEPARTMENT SHALL ADOPT A CONSTRUCTION PROGRAM WHICH MUST INCLUDE THE PROJECTS TO BE UNDERTAKEN BY IT DURING THE FOLLOWING CONSTRUCTION SEASON AND MUST ESTABLISH PROJECT PRIORITIES.] The department may increase, decrease, amend, or revise the construction program from time to time as circumstances warrant. * Sec. 3. AS19.10.160 is amended to read: Sec. 19.10.160. STANDARD DRAWINGS [PLANS] AND SPECIFICATIONS. The department may [SHALL] prepare and adopt uniform standard drawings [PLANS] and specifications for the establishment and [,] construction [, AND MAINTENANCE] of highways in the state. The department may amend the drawings [PLANS] and specifications as it considers advisable. [THE STANDARDS MUST CONFORM AS CLOSELY AS PRACTICABLE TO THOSE ADOPTED BY THE AMERICAN ASSOCIATION OF STATE HIGHWAY AND TRANSPORTATION OFFICIALS.] * Sec. 4. AS 23.30.041(e) is amended to read: (e) An employee shall be eligible for benefits under this section upon the employee's written request and by having a physician predict that the employee will have permanent physical capacities that are less than the physical demands of the employee's job as described in the United States Department of Labor's "Selected Characteristics of Occupations Defined in the Revised Dictionary of Occupational Titles" for (1) the employee's job at the time of injury; or 1994-04-22 Senate Journal Page 3918 SB 365 (2) other jobs that exist in the labor market that the employee has held or received training for within 10 years before the injury or that the employee has held following the injury for a period long enough to obtain the skills to compete in the labor market, according to specific vocational preparation codes as described in the United States Department of Labor's "Selected Characteristics of Occupations Defined in the Revised Dictionary of Occupational Titles." * Sec. 5. AS 23.30.095(k) is amended to read: (k) In the event of a medical dispute regarding determinations of causation, medical stability, ability to enter a reemployment plan, degree of impairment, functional capacity, the amount and efficacy of the continuance of or necessity of treatment, or compensability between the employee's attending physician and the employer's independent medical evaluation, a second independent medical evaluation shall be conducted by a physician or physicians selected by the board or its designee from a list established and maintained by the board and its designee. The cost of the examination and medical report shall be paid by the employer. The report of the independent medical examiner shall be furnished to the board and to the parties within 14 days after the examination is concluded. A person may not seek damages from an independent medical examiner caused by the rendering of an opinion or providing testimony under this subsection, except in the event of fraud or gross incompetence. * Sec. 6. AS 23.30.190(b) is amended to read: (b) All determinations of the existence and degree of permanent impairment shall be made strictly and solely under the whole person determination as set out in the current edition of the American Medical Association Guides to the Evaluation of Permanent Impairment at the time of the impairment rating, except that an impairment rating may not be rounded to the next five percent. The board shall adopt a supplementary recognized schedule for injuries that cannot be rated by use of the American Medical Association Guides. 1994-04-22 Senate Journal Page 3919 SB 365 * Sec. 7. AS28.05.061(c) is amended to read: (c) The commissioner and officers and employees of the department designated by the commissioner shall, upon request, prepare under the seal of the department and deliver, unless otherwise prohibited by law, a certified copy of any record of the department maintained under this title or regulations adopted under this title, charging a fee for each certified copy. A certified copy, or an electronic record certified by the department, is admissible in a proceeding in a court in the same manner as the original document. * Sec. 8. AS28.05.121 is amended to read: Sec. 28.05.121. GIVING OF NOTICE. When the department is authorized or required to give notice under this title or regulations adopted under this title, unless a different method of giving notice is otherwise expressly provided, notice shall be given by a qualified person, either by personal delivery to the person to be notified or by first class [REGISTERED OR CERTIFIED] mail, [RETURN RECEIPT REQUESTED,] addressed to the person at the address of the person as shown in the electronic records of the department. The giving of notice by mail is considered complete upon placing the notice in a United States Post Office receptacle, with appropriate postage [THE RETURN OF THE RECEIPT OR UPON RETURN OF THE NOTICE ASUNDELIVERABLE, REFUSED, OR UNCLAIMED]. Proof of the giving of notice in either manner may be made by the affidavit of the person giving the notice by personal delivery or by mail, naming the person to whom the notice was given and specifying the time, place, and manner of giving the notice. * Sec. 9. AS28.05.141(b) is amended to read: (b) A hearing ordered under (a) of this section shall be held telephonically at a time and date set by [AT THE OFFICE OF] the department, except that if the department determines that an in-person hearing is necessary to determine factual issues, the department may order that the hearing be conducted in person at a place, time, and date set by the department [NEAREST TO THE 1994-04-22 Senate Journal Page 3920 SB 365 RESIDENCE OF THE PERSON REQUESTING THE HEARING UNLESS THE DEPARTMENT AND THE PERSON AGREE THAT THE HEARING IS TO BE HELD ELSEWHERE]. The department may [SHALL] grant a hearing delay only if the person shows, to the satisfaction of the department, [PRESENTS] good cause for the delay that is beyond the control of the person. If a person fails to appear for the hearing at the time and place stated by the department and if a hearing delay has not been granted, the person's failure to appear is considered a waiver of the hearing and the department may take appropriate action with respect to the person. * Sec. 10. AS28.10.031(b) is amended to read: (b) A licensed vehicle dealer may issue to the purchaser of a vehicle sold by the dealer a temporary permit to drive the vehicle. A permit is effective for a period not to exceed 60 [30] days. The commissioner shall adopt regulations governing the issuance of permits under this section. * Sec. 11. AS28.10.108(c) is amended to read: (c) A vehicle subject to registration [AND NOT DESCRIBED IN (b) OF THIS SECTION] shall have its initial registration, and may have its annual registration, renewed in the month of initial registration in the state, subject to the provisions of (f) of this section. * Sec. 12. AS28.15.166(e) is amended to read: (e) The [NOTWITHSTANDING AS28.05.141(b), THE] hearing under this section shall be held telephonically at a time and date set by [AT THE OFFICE OF] the department, except that if the department determines that an in-person hearing is necessary to determine factual issues, the department may order that the hearing be conducted in person at a place, time, and date set by the department [NEAREST TO THE RESIDENCE OF THE PERSON REQUESTING THE HEARING UNLESS (1) A DISTRICT COURT JUDGE OR A MAGISTRATE HASBEEN DESIGNATED ASA HEARING OFFICER IN THE MATTER BY THE COMMISSIONER; OR 1994-04-22 Senate Journal Page 3921 SB 365 (2) THE DEPARTMENT AND THE PERSON AGREE THAT THE HEARING IS TO BE HELD ELSEWHERE]. * Sec. 13. AS28.15.166(f) is amended to read: (f) A review under this section shall be held before a hearing officer designated by the commissioner. [UPON THE CONSENT OF THE ADMINISTRATIVE DIRECTOR OF THE STATE COURT SYSTEM, THE COMMISSIONER MAY DESIGNATE A DISTRICT COURT JUDGE OR A MAGISTRATE TO SERVE ASTHE HEARING OFFICER.] The hearing officer shall have authority to (1) administer oaths and affirmations; (2) examine witnesses and take testimony; (3) receive relevant evidence; (4) issue subpoenas, take depositions, or cause depositions or interrogatories to be taken; (5) regulate the course and conduct of the hearing; (6) make a final ruling on the issue. * Sec. 14. AS28.20.050(a) is amended to read: (a) The provisions of this chapter requiring deposit of security and suspension for failure to deposit security apply to the driver and owner of a vehicle subject to registration under the laws of this state that is involved in any manner in an accident in this state resulting in bodily injury to or death of a person or damage to the property of any one person exceeding $1,000 [$500]. * Sec. 15. AS28.20.050(e) is amended to read: (e) A peace officer investigating an accident that results in bodily injury to or the death of a person or damage to the property of a person exceeding $1,000 [$500] shall inform persons involved in the accident in writing of the requirements of this chapter as they apply to suspension of an operator's license or driving privileges. * Sec. 16. AS28.20.100(c) is amended to read: 1994-04-22 Senate Journal Page 3922 SB 365 (c) If the department evaluates the injuries or damage to a minor in an amount not more than $1,000 [$500], the department may accept, for the purposes of this chapter only, evidence of a release from liability executed by a natural or legal guardian on behalf of the minor without court approval. * Sec. 17. AS28.20.230(a) is amended to read: (a) The provisions of this chapter requiring the deposit of proof of financial responsibility for the future apply to persons who are convicted of or forfeit bail for certain offenses under motor vehicle laws or who, by ownership or operation of a vehicle of a type subject to registration under AS28.10, are involved in an accident in this state that results in bodily injury or death of a person or damage to the property of any one person exceeding $1,000 [$500]. * Sec. 18. AS28.20.260(a) is amended to read: (a) Upon receipt by the department of the report of an accident resulting in bodily injury or death, or property damage to any one person exceeding $1,000 [$500], the department shall suspend the license of the driver of a motor vehicle involved in the accident unless the driver or owner (1) has previously furnished or immediately furnishes security required by this chapter, or is excepted from furnishing security under AS28.20.060; [,] and (2) maintains proof of financial responsibility for three years following the accident. * Sec. 19. AS28.22.021 is amended to read: Sec. 28.22.021. REQUIREMENT OF PROOF OF MOTOR VEHICLE LIABILITY INSURANCE. The owner or operator of a motor vehicle required to have motor vehicle liability insurance that complies with this chapter or a certificate of self-insurance that complies with AS28.20.400, shall show proof of this insurance when that person is involved in an accident that results in bodily injury to or death of a person, or damage to the property of a person exceeding $1,000 [$500]. 1994-04-22 Senate Journal Page 3923 SB 365 * Sec. 20. AS28.22.041(a) is amended to read: (a) If [EXCEPT ASPROVIDED IN (h) OF THIS SECTION, IF] a person fails to provide proof required under AS28.22.021 and 28.22.031, the department shall suspend the driver's license of that person for the following periods: (1) not less than 90 days if, within the preceding 10 years, the person has not had a driver's license suspended for violation of AS28.22.011 or former AS28.22.200; (2) not less than one year if, within the preceding 10 years, the person has had a driver's license suspended one or more times for violation of AS28.22.011 or former AS28.22.200. * Sec. 21. AS28.35.080(a) is amended to read: (a) The driver of a vehicle involved in an accident resulting in bodily injury to or death of a person or total property damage to an apparent extent of $1,000 [$500] or more shall immediately by the quickest means of communication give notice of the accident to the local police department if the accident occurs within a municipality, otherwise to the Department of Public Safety. * Sec. 22. AS28.35.080(b) is amended to read: (b) The driver of a vehicle involved in an accident resulting in bodily injury to or death of a person or total property damage to an apparent extent of $1,000 [$500] or more shall, within 10 days after the accident, forward a written report of the accident to the Department of Public Safety and to the local police department if the accident occurs within a municipality. A report is not required under this subsection if the accident is investigated by a peace officer. * Sec. 23. AS33.30.011 is amended to read: Sec. 33.30.011. DUTIES OF COMMISSIONER. The commissioner shall (1) establish, maintain, operate, and control correctional facilities suitable for the custody, care, and discipline of persons charged or convicted of offenses against the state or held under authority of state law; (2) classify prisoners; 1994-04-22 Senate Journal Page 3924 SB 365 (3) for persons committed to the custody of the commissioner, establish programs, including furlough programs that are reasonably calculated to (A) protect the public; (B) maintain health; (C) create or improve occupational skills; (D) enhance educational qualifications; (E) support court-ordered restitution; and (F) otherwise provide for the rehabilitation and reformation of prisoners, facilitating their reintegration into society; (4) provide necessary medical services for prisoners in state correctional facilities or to fulfill duties under AS33.30.071 [WHO ARE COMMITTED BY A COURT TO THE CUSTODY OF THE COMMISSIONER], including examinations for communicable and infectious diseases, if a physician or other health care provider, exercising ordinary skill and care at the time of observation, concludes that (A) a prisoner exhibits symptoms of a serious disease or injury that is curable or may be substantially alleviated; and (B) the potential for harm to the prisoner by reason of delay or denial of care is substantial; (5) provide necessary psychological or psychiatric treatment if a physician or other health care provider, exercising ordinary skill and care at the time of observation, concludes that (A) a prisoner exhibits symptoms of a serious disease or injury that is curable or may be substantially alleviated; and (B) the potential for harm to the prisoner by reason of delay or denial of care is substantial; and 1994-04-22 Senate Journal Page 3925 SB 365 (6) establish minimum standards for sex offender treatment programs offered to persons who are committed to the custody of the commissioner. * Sec. 24. AS36.30 is amended by adding a new section to read: Sec. 36.30.085. LEASE EXTENSIONS AUTHORIZED. (a) Notwithstanding AS36.30.080, the department may extend for up to a maximum of 10 years a real property lease that is entered into under this chapter or was entered into under former AS37.05.220 - 37.05.280 and that is in existence as of June30, 1994 if a minimum cost savings of (1) 10 percent can be achieved on the rent due under the lease; or (2) five percent can be achieved on the rent due under the lease and the lessor agrees to make modifications to the leased real property to bring the real property into compliance with the requirements of 42 U.S.C. 12101 - 12213 (Americans with Disabilities Act of 1990). (b) The cost savings under (a) of this section shall be calculated on the remaining term of the lease and any renewals, including extensions allowed under (a) of this section. (c) In accordance with AS36.30.005, the Board of Regents may extend leases for the University of Alaska to the same extent as the department under this section. (d) In accordance with AS36.30.030, the court system may extend leases for the court system to the same extent as the department under this section. * Sec. 25. AS36.30.320(a) is amended to read: (a) A procurement for (1) supplies, services, or construction that does not exceed an aggregate dollar amount of $25,000, or (2) lease of space that does not exceed 2,500 square feet with a monthly lease amount that does not exceed $5,000, may be made in accordance with regulations adopted by the commissioner for small procurements. 1994-04-22 Senate Journal Page 3926 SB 365 * Sec. 26. AS37.07.040 is amended to read: Sec. 37.07.040. OFFICE OF MANAGEMENT AND BUDGET. The Alaska office of management and budget shall (1) assist the governor in the preparation and explanation of the proposed comprehensive program and financial plan, including the coordination and analysis of state agency goals and objectives, plans, and budget requests; (2) prepare for submission to the governor an annually updated [SIX-YEAR] capital improvements program in fiscal year format covering the current fiscal year plus three succeeding fiscal years and the proposed capital improvements budget for the coming fiscal year, the latter to include individual project justification with documentation of estimated project cost; (3) develop procedures to produce the information needed for effective policy decision making, including procedures to provide for the dissemination of information about plans, programs, and budget requests to be included in the annual budget and opportunity for public review and comment during the period of budget preparation; (4) assist state agencies in their statement of goals and objectives, preparation of plans, budget requests, and reporting of program performance; all documents forwarded by the office to a state agency containing instructions for the preparation of program plans and budget requests and the reporting of program performance are public information after the date they are forwarded; (5) administer its responsibilities under the program execution provisions of this chapter so that the policy decisions and budget determinations of the governor and the legislature are implemented; (6) provide the legislative finance division with the budget information it may request; 1994-04-22 Senate Journal Page 3927 SB 365 (7) provide the legislative finance division with an advance copy of the governor's budget workbooks by the first Monday in January of each year, except that following a gubernatorial election year the advance copy shall be provided by the second Monday in January; (8) prepare the proposed capital improvements budget for the coming fiscal year evaluating both state and local requests from the standpoint of need, equity, and priorities of the jurisdiction; other factors such as project amounts, population, local financial match, federal funds being used for local match, municipality or unincorporated community acceptance of the facility, and all associated costs of the facility may be considered. * Sec. 27. AS37.07.060 is amended by adding a new subsection to read: (c) The reporting requirements of (b)(3) of this section are modified with respect to the Department of Transportation and Public Facilities. The governor's report must contain, for that department, the governor's construction program for the succeeding construction season, budget recommendations for the succeeding fiscal year, and capital improvements construction program for the succeeding six fiscal years, which must include (1) a general description of each project and the source of financing for the project; and (2) the information required by (b)(3)(B) - (H) of this section. * Sec. 28. AS44.42.050(a) is amended to read: (a) The commissioner shall develop annually a comprehensive, intermodal, long-range transportation priority list and plan for the state consistent with applicable federal laws. [IN DEVELOPING AND REVISING THE STATE PLAN, THE COMMISSIONER SHALL CONSIDER MEANS AND COSTS OF IMPROVING EXISTING MODES AND FACILITIES, STATE AND FEDERAL SUBSIDIES, AND THE COSTS AND BENEFITS OF NEW TRANSPORTATION MODES AND FACILITIES. THE COMMISSIONER SHALL ALSO CONSIDER THE RECOMMENDATION OF THE ALASKA TRANSPORTATION PLANNING COUNCIL.] The plan 1994-04-22 Senate Journal Page 3928 SB 365 shall be submitted to the governor for review and approval and submitted by the governor to the legislature. * Sec. 29. AS44.42.050(b) is amended to read: (b) In developing and revising the plan, the commissioner shall seek public review and evaluation consistent with applicable federal statutes and regulations and by any reasonable means and may (1) consult and cooperate with officials and representatives of the federal government, other governments, interstate commissions and authorities, local agencies and authorities, interested corporations and other organizations concerning problems affecting transportation in the state; and (2) request from an agency or other unit of the state government or of a political subdivision of it, or from a public authority, the assistance and data that may be necessary to enable the commissioner to carry out responsibilities under this section; every such entity shall provide the assistance and data requested. * Sec. 30. AS46.03 is amended by adding a new section to read: Sec. 46.03.026. ON-SITE WATER AND SEWER SYSTEM CERTIFICATION AND AUDIT PROGRAM. (a) Notwithstanding any provision of this chapter to the contrary, for bank loans for homes in this state, the department may establish, by regulation, a program to delegate the review and certification of on-site drinking water and sewer systems. Under standards adopted by the department by regulation, the department may delegate the review and certification to engineers who are registered under AS08.48. (b) If the department establishes a program under (a) of this section, the department shall establish an audit system for the department to monitor and review a statistically significant number of systems certified under that program. An audit must determine compliance with departmental standards for design, installation, and operation in effect at the time of the certification. 1994-04-22 Senate Journal Page 3929 SB 365 (c) If the department establishes a program under (a) of this section, the department shall, by regulation, establish fees for services sufficient to make the program self-supporting. * Sec. 31. AS46.03.720 is amended by adding a new subsection to read: (d) Notwithstanding (a) of this section, department review and approval of plans is not required for the functions specified in (a) of this section if (1) the sewerage system or treatment works, or a part of either, is located in a community or major military facility that has the power or legal authority to review and approve sewerage system or treatment works plans; (2) the community or major military facility has established ordinances or other law to regulate domestic sewerage that the department has determined are substantially equivalent to department standards in effect at the time of the determination; (3) the community or major military facility has employed an engineer registered under AS08.48 who will review and approve domestic sewerage plans under those ordinances or other law; (4) the community or major military facility commits adequate funding or other resources to administer plan review and approvals under this subsection; and (5) the department and the community or major military facility have entered into an agreement under this subsection for delegation of the review and approval of plans under the standards described in this subsection. * Sec. 32. AS28.10.108(b) and AS28.22.041(h) are repealed. * Sec. 33. TRANSITION. Notwithstanding sec. 35 of this Act, an agency of the state that has regulation adoption authority or that is authorized by this Act to adopt regulations, may proceed to adopt regulations necessary to implement that agency's respective provisions in this Act. The regulations take effect under AS44.62 (Administrative Procedure Act), but not before July1, 1994. * Sec. 34. Section 33 of this Act takes effect immediately under AS01.10.070(c). 1994-04-22 Senate Journal Page 3930 SB 365 * Sec. 35. Except as provided in sec. 34 of this Act, this Act takes effect July1, 1994. Senator Pearce moved and asked unanimous consent for the adoption of Amendment No. 3. Without objection, Amendment No. 3 was adopted. Senator Donley offered Amendment No. 2 A: Page 1, line 3: Delete "workers' compensation," Page 2, line 28 through page 3, line 31: Delete all material. Renumber the following bill sections accordingly. Page 15, line 13: Delete "sec. 37" Insert "sec. 34" Page 15, line 18: Delete "Section 35" Insert "Section 32" Page 15, line 19: Delete "sec. 36" Insert "sec. 33" Senator Donley moved for the adoption of Amendment No. 2A. Objections were heard. The question being: "Shall Amendment No. 2A be adopted?" The roll was taken with the following result: SB 365 am Second Reading Amendment No. 2(a) YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 1994-04-22 Senate Journal Page 3931 SB 365 Yeas: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Rieger, Salo, Taylor, Zharoff Nays: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Sharp Salo changed from "Nay" to "Yea" and so, Amendment No. 2A was adopted. Senator Taylor moved and asked unanimous consent that the Senate rescind its previous action in adopting Amendment No. 2A. Without objection, it was so ordered. The question being: "Shall the Senate rescind its previous action in adopting Amendment No. 2A?" The roll was taken with the following result: SB 365 am Rescind Previous Action YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Nays: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff and so, the Senate rescinded its previous action. Senator Donley moved for the adoption of Amendment No. 2A. The question being: "Shall Amendment No. 2A be adopted?" The roll was taken with the following result: SB 365 am Second Reading Amendment No. 2(a) YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 1994-04-22 Senate Journal Page 3932 SB 365 Yeas: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff Nays: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor and so, Amendment No. 2A failed. Senator Rieger offered Amendment No. 4 : Page 1, line 1, after "Act" Insert "enacting," Page 1, line 3, after "insurance," Insert "police protection service areas established subject to voter approval in unified municipalities for services provided by the Department of Public Safety," Page 8, after line 11: Insert the following new bill sections to read: "* Sec. 23. AS 29.10.200 is amended by adding a new paragraph to read: (53) AS 29.35.495 (police protection service areas) * Sec. 24. AS 29.35 is amended by adding a new section to article 7 to read: Sec. 29.35.495. POLICE PROTECTION SERVICE AREAS. (a) The residents of an area in a unified municipality may file a petition with the municipal clerk for formation of a police protection service area for services to be provided by the Department of Public Safety if the area is (1) contiguous; and (2) includes at least 50 residents or three percent of the municipal population, whichever is greater. (b) The petition form shall be supplied by the clerk at the request of a voter. The petition must describe the boundaries of the proposed service area and the additional police protection services to be provided by the Department of Public Safety in the 1994-04-22 Senate Journal Page 3933 SB 365 area. It shall be signed by a number of voters residing in the proposed service area equal to at least 10 percent of the number of residents in the area who voted in the last regular election. (c) Upon receipt of a petition that meets the requirements of (a) of this section, the municipal clerk shall submit the petition to the commissioner of public safety. Within 30 days after receipt of the petition the commissioner shall notify the clerk of what the estimated total cost of providing the services in the proposed service area each month will be for a three-year period. The estimate shall be based on the direct costs of troopers to be assigned to the area. If a trooper is expected to routinely cover an area larger than the proposed service area, the cost of that trooper shall be prorated proportionally to the amount of duty time spent within the service area. In addition to the direct costs of troopers, the estimate shall include an amount to cover administrative costs incurred by the department not to exceed 15 percent of the direct costs. The sum of the direct costs and administrative costs equals the estimated total cost for purposes of this section. (d) Upon receipt by the clerk of the estimated total cost prepared by the commissioner of public safety under (c) of this section, during the next regular or special election held in the unified municipality the question of forming the proposed police protection service area and of levying assessments to cover that estimated total cost, plus costs of collection incurred by the municipality not to exceed four percent of the estimated total cost, shall be placed before the voters residing in the proposed service area. If the question is approved by a majority of those voting on the question, the service area is formed and the commissioner of public safety shall provide the additional services in that area. (e) The governing body shall levy assessments in the service area to finance the additional police protection services in an amount equal to the estimated total cost provided by the commissioner of public safety plus the amount for administrative or other costs incurred by the unified municipality approved by the voters. Payments shall be made to the commissioner within 60 days of receipt of assessments by the municipality. The municipality may retain from assessments the amount levied for administrative of other costs incurred by the municipality. 1994-04-22 Senate Journal Page 3934 SB 365 (f) At least once every three years an election shall be held by the unified municipality in a police protection service area formed under this section on the question of continuation of the service area. The commissioner of public safety shall submit a revised notice of the estimated total cost of providing the services during the next three years prepared in accordance with (c) of this section for inclusion with the question, and the municipality shall indicate the amount for costs of collection incurred by the municipality not to exceed four percent of the revised estimated total cost. If the question is not approved by a majority of the residents voting on the question, the service area is dissolved 120 days after certification of the election. If the question is approved, the rate of assessments shall be adjusted accordingly by the municipality. (g) This section applies to unified municipalities, but not to other home rule or general law municipalities." Senator Rieger moved for the adoption of Amendment No. 4. Senator Ellis objected. The question being: "Shall Amendment No. 4 be adopted? " The roll was taken with the following result: SB 365 am Second Reading Amendment No. 4 YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Frank, Jacko, Kerttula, Leman, Miller, Pearce, Rieger, Taylor Nays: Donley, Duncan, Ellis, Halford, Kelly, Lincoln, Little, Phillips, Salo, Sharp, Zharoff and so, Amendment No. 4 failed. Senator Taylor moved and asked unanimous consent that SENATE BILL NO. 365 am be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. 1994-04-22 Senate Journal Page 3935 SB 365 SENATE BILL NO. 365 am was read the third time. The question being: "Shall SENATE BILL NO. 365 am "An Act amending and repealing laws providing for state agency functions and services related to transportation and capital improvement planning, workers' compensation, motor vehicles and motor vehicle insurance, medical care for prisoners, state building leases, and review and approval of water and sewer systems, for the purpose of reducing state government expenditures; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SB 365 am Third Reading - Final Passage Effective Date YEAS: 17 NAYS: 3 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Duncan, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff Nays: Donley, Ellis, Little and so, CS FOR SENATE BILL NO. 365(FIN) am passed the Senate. Senator Taylor moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered. Senator Taylor gave notice of reconsideration. Senator Taylor moved and asked unanimous consent that the reconsideration on SENATE BILL NO. 365 am be taken up at this time. Without objection, it was so ordered.