03/19/2001 01:30 PM Senate CRA

                                                                                                                                
           HB  13-SERVICE AREAS:VOTER APPROVAL/TAX ZONES                                                                    
                                                                                                                                
                                                                                                                                
CHAIRMAN TORGERSON said  that committee members are familiar with SB
, which is  basically the same as  HB 13. He asked Representative                                                             
Bunde to outline the differences.                                                                                               
                                                                                                                                
REPRESENTATIVE  CON  BUNDE,  prime  sponsor,  said  HB 13  is  about                                                            
smaller government, local  control and privatization. The difference                                                            
between HB  13 and SB 75 is that parks  and recreation are  included                                                            
in SB 75.                                                                                                                       
                                                                                                                                
CHAIRMAN  TORGERSON  said  he has  a committee  substitute  (CS)  to                                                            
include parks and recreation service areas.                                                                                     
                                                                                                                                
REPRESENTATIVE  BUNDE continued and  said that HB 13 and  SB 75 both                                                            
deal with local  control. Dissention arises in how  you define local                                                            
control,  whether it  is the  voter or  a governmental  entity.  The                                                            
Eagle River Community Council,  The Anchorage Municipal Assembly and                                                            
individuals from  some 200 road service areas support  the bill. The                                                            
legislation settles the  debate about who is entitled to vote during                                                            
the creation, alteration or abolishment of a service area.                                                                      
                                                                                                                                
Number 411                                                                                                                      
                                                                                                                                
SENATOR PHILLIPS  said he  has two concerns.  First, is the  lack of                                                            
"parks and  recreation". Then  on page 2, lines  21 & 22 he  said he                                                            
would  like  to change  "six  percent"  to "three  percent"  at  the                                                            
request of the Chugiak fire department.                                                                                         
                                                                                                                                
REPRESENTATIVE  BUNDE  said  the six  percent  figure  was  selected                                                            
because fire  service areas with few  homes would require  elections                                                            
much too frequently  if the threshold  is three percent.  Other fire                                                            
departments in the state have agreed on the six percent figure.                                                                 
                                                                                                                                
CHAIRMAN TORGERSON didn't  see justification for the smaller number.                                                            
                                                                                                                                
He called for a brief at ease.                                                                                                  
                                                                                                                                
CHAIRMAN TORGERSON called  the meeting back to order. He said the CS                                                            
before the committee adds  parks and recreation to the bill on lines                                                            
10, 16 and 8.                                                                                                                   
                                                                                                                                
SENATOR  PHILLIPS  moved  committee  substitute   22-LSO164\L,  Cook                                                            
3/17/01 as the working document. There was no objection.                                                                        
                                                                                                                                
SENATOR PHILLIPS  moved deleting "six"  and adding the word  "three"                                                            
on page 2, line 22.                                                                                                             
                                                                                                                                
CHAIRMAN TORGERSON noted that there was objection.                                                                              
                                                                                                                                
REPRESENTATIVE  BUNDE said that other volunteer fire  departments in                                                            
the  state  have  agreed  on  the  six  percent  figure  after  much                                                            
compromise. He asked that the word "six" remain unchanged.                                                                      
                                                                                                                                
CHAIRMAN  TORGERSON said he  wasn't going  to support the  amendment                                                            
that  day   but  if  good  reasons   were  forthcoming,   there  was                                                            
opportunity for a floor amendment.                                                                                              
                                                                                                                                
He called  for a  roll call vote.  Senators  Lincoln, Austerman  and                                                            
Chairman  Torgerson voted  nay and Senator  Phillips voted  yea. The                                                            
amendment failed three to one.                                                                                                  
                                                                                                                                
SENATOR PHILLIPS moved  SCS CSSSHB 13(CRA) and zero fiscal note from                                                            
committee with individual recommendations.                                                                                      
                                                                                                                                
SENATOR LINCOLN  objected to say that  there was question  about the                                                            
constitutionality  of SB 75 and there were two conflicting  opinions                                                            
given. This could be the  case with HB 13 as well. She then withdrew                                                            
her objection.                                                                                                                  
                                                                                                                                
CHAIRMAN TORGERSON  said those concerns have been  heard previously.                                                            
He isn't sure he shares the concern.                                                                                            
                                                                                                                                
CHAIRMAN TORGERSON asked for objections and there were none.                                                                    
The bill moved from committee.