04/06/2005 01:30 PM Senate COMMUNITY & REGIONAL AFFAIRS

         SB 114-SERVICE AREAS IN SECOND CLASS BOROUGHS                                                                      
                                                                                                                              
2:38:27 PM                                                                                                                    
                                                                                                                                
CHAIR GARY  STEVENS announced SB  114 to be up  for consideration                                                               
and that the \G version  committee substitute (CS) was before the                                                               
committee.                                                                                                                      
                                                                                                                                
He explained that  he held the bill over because  the letter from                                                               
the attorney general was confusing.  Tam Cook subsequently sent a                                                               
letter explaining her position. He  asked Ms. Moss to explain Ms.                                                               
Cook's response to the attorney general's letter.                                                                               
                                                                                                                                
2:40:11 PM                                                                                                                    
                                                                                                                                
RYNNIEVA  MOSS,  Legislative  Aide  for  Representative  Coghill,                                                               
stated agreement with Tam Cook's  opinion that the language in SB
 would stand up under a constitutional challenge.                                                                            
                                                                                                                                
It would  be a violation  of the constitution if  the legislation                                                               
took away  home rule borough  powers, but the language  is giving                                                               
second-class  boroughs the  authority to  dissolve service  areas                                                               
that  are  dysfunctional and  create  a  liability. This  is  not                                                               
giving or taking away any powers from a home rule borough.                                                                      
                                                                                                                                
Referencing a  chart that Ms.  Lesh distributed, she  pointed out                                                               
that home rule borough can determine  what it takes to dissolve a                                                               
service area. The bill doesn't  deprive home rule boroughs of the                                                               
ability to do something about dissolving service areas.                                                                         
                                                                                                                                
The second  point is that  it would be unconstitutional  to limit                                                               
the ability to dissolve a  dysfunctional service area to one area                                                               
of the state.  That isn't the case. The bill  gives the authority                                                               
to all second-class boroughs statewide.                                                                                         
                                                                                                                                
According to Tam  Cook, the language in SB 114  would stand up to                                                               
a constitutional challenge.                                                                                                     
                                                                                                                                
2:41:56 PM                                                                                                                    
                                                                                                                                
CHAIR GARY STEVENS noted there  were no questions or comments and                                                               
he asked for a motion.                                                                                                          
                                                                                                                                
SENATOR  STEDMAN motioned  to report  CSSB 114(CRA),  \G version,                                                               
and  attached   fiscal  note   from  committee   with  individual                                                               
recommendations. There being no objection, it was so ordered.