2000-07-14                     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.