Legislature(1997 - 1998)
1998-03-02 Senate Journal
Full Journal pdf1998-03-02 Senate Journal Page 2702 SB 208 Senator Parnell requested that the reconsideration on SENATE BILL NO. 208 An Act relating to municipal service areas and providing for voter approval of the formation, alteration, or abolishment of certain service areas be taken up. The bill was before the Senate on reconsideration. Senator Parnell called the Senate. Senator Parnell lifted the call. Senator Sharp moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 1. Without objection, the bill was returned to second reading. Senators Sharp, Parnell offered Amendment No. 1 : Page 1, line 2, following "areas": Insert "; and providing for an effective date" Page 1, following line 6: Insert a new bill section to read: "* Sec. 2. AS29.26.050(b) is amended to read: (b) Voter registration by the municipality may not be required. However, subject to AS29.35.450(c), in order to vote for a candidate or on a ballot measure relating to a specific local election district or service area, a municipality may by ordinance require that a person be registered to vote in state elections at least 30 days before the municipal election at an address within the boundaries of that local election district or service area." Renumber the following bill sections accordingly. Page 2, lines 7 - 17: Delete all material and insert: "(c) If voters reside within a service area, abolishment of the service area is subject to approval by the majority of the voters who reside or own real property in the service area and who vote on the question. A service area in which voters reside may not be abolished and replaced by a larger service area unless that proposal 1998-03-02 Senate Journal Page 2703 SB 208 is approved, separately, by a majority of the voters who reside or own real property in the existing service area and who vote on the question, and by a majority of the voters who reside or own real property in the area outside of the existing service area that is proposed to be included and who vote on the question. A service area in which voters reside may not be altered or combined with another service area unless that proposal is approved, separately, by a majority of the voters who reside or own real property in each of the service areas affected by the proposal and who vote on the question." Page 2, following line 18: Insert new bill sections to read: "* Sec. 5. AS29.35.450(c) is amended to read: "(c) If voters reside within a service area, abolishment of the service area is subject to approval by the majority of the voters who reside ¦OR OWN REAL PROPERTYá in the service area and who vote on the question. A service area in which voters reside may not be abolished and replaced by a larger service area unless that proposal is approved, separately, by a majority of the voters who reside ¦OR OWN REAL PROPERTYá in the existing service area and who vote on the question, and by a majority of the voters who reside ¦OR OWN REAL PROPERTYá in the area outside of the existing service area that is proposed to be included and who vote on the question. A service area in which voters reside may not be altered or combined with another service area unless that proposal is approved, separately, by a majority of the voters who reside ¦OR OWN REAL PROPERTYá in each of the service areas affected by the proposal and who vote on the question. * Sec. 6. Section 5 of this Act takes effect, only if a court finds the requirement for approval of certain changes to a service area by voters that include real property owners who do not reside within the service area violates art. V, sec. 1, Constitution of the State of Alaska. * Sec. 7. If sec. 5 of this Act takes effect, it takes effect, after a court finds the voter approval requirement invalid under sec.6 of this Act, on the date that the time for filing an appeal has expired or a final decision on appeal has been reached." 1998-03-02 Senate Journal Page 2704 SB 208 Senator Sharp moved and asked unanimous consent for the adoption of Amendment No. 1. Without objection, Amendment No. 1 was adopted. SENATE BILL NO. 208 am was automatically in third reading. The question to be reconsidered: Shall SENATE BILL NO. 208 am An Act relating to municipal service areas and providing for voter approval of the formation, alteration, or abolishment of certain service areas; and providing for an effective date pass the Senate? The roll was taken with the following result: SB 208 am Third Reading - On Reconsideration Effective Date YEAS: 17 NAYS: 0 EXCUSED: 2 ABSENT: 1 Yeas: Adams, Donley, Duncan, Green, Halford, Hoffman, Kelly, Leman, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Excused: Lincoln, Mackie Absent: Ellis and so, SENATE BILL NO. 208 am passed the Senate on reconsideration. 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 and the bill was referred to the Secretary for engrossment.