Legislature(1999 - 2000)
2000-07-14 House Journal
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Full Journal pdf2000-07-14 House Journal Page 3849 HB 446 Chapter No. 60, SLA 2000 Effective Date: See Chapter HB 133 The following letter dated May 19, 2000, was received: "Dear Speaker Porter: Under the authority of art. II, sec. 15, of the Alaska Constitution, I have vetoed the following bill: SENATE CS FOR CS FOR HOUSE BILL NO. 133(CRA) am S "An Act relating to municipal service areas and providing for voter approval of the formation, alteration, or abolishment of certain service areas." This bill amends the rights of certain general law as well as home rule municipalities to form, alter, or abolish certain service areas within their jurisdiction. In fact, for the first time since statehood, the rights of Alaska's home rule municipalities in forming, altering, and abolishing service areas are limited by statute. Additionally, this bill creates an exemption for which only one general law borough qualifies from the limits imposed in this bill. This legislation imposes unduly restrictive methods on boroughs in creating and managing their service areas. It mandates that a majority of voters in the areas, and those affected by the changes outside the service area, vote to approve the change before it can be implemented. This severely restricts the power of boroughs and will diminish the local government's ability to deal effectively and timely with needed changes. This bill has the potential of placing substantive power with a minority of voters, thus shifting the governmental power from the borough assembly, whose members are elected borough-wide, to service area boards whose members are elected only by residents of the service area or appointed. This is contrary to the concept of borough government under art. X, secs. 1, 3, 4, and 5 of the Alaska Constitution, as well as contrary to the concept of liberal home rule powers under art. X, sec. 11 of the Alaska Constitution.