Legislature(2005 - 2006)BELTZ 211
03/09/2005 01:30 PM Senate COMMUNITY & REGIONAL AFFAIRS
Audio | Topic |
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Start | |
HB42 | |
SB114 | |
SB112 | |
Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
+ | HB 42 | TELECONFERENCED | |
*+ | SB 112 | TELECONFERENCED | |
*+ | SB 114 | TELECONFERENCED | |
SB 114-SERVICE AREAS IN SECOND CLASS BOROUGHS 1:39:34 PM CHAIR GARY STEVENS announced SB 114 to be up for consideration. MELANIE LESH, staff to Senator Gary Stevens, explained that SB 114 relates to consolidation or dissolution of certain service areas in second-class boroughs. It is the companion bill to HB 121 that is awaiting final House action. MS. LESH explained that Senator Gary Stevens was asked to introduce SB 114 to help resolve unintended consequences related to the creation then cessation of funding for road service districts. Initially state revenue sharing was sufficient to allow subdivisions outside city limits to maintain local area roads. Local service area road commissions were created to collect revenue sharing based on the miles of road in the particular service area. When the revenue sharing program terminated, a number of service areas had insufficient funding to perform road maintenance. Those service areas became non-functional and roads in those service areas are deteriorating. Second Class Boroughs have no road powers and no authority to dissolve a service area without a vote of the residents, but even so they are concerned about their liability for the deteriorating roads. The proposed statute change would allow for the dissolution or consolidation of non-functioning districts. MS. LESH stated that SB 114 serves to resolve a problem in the Fairbanks North Star Borough and the borough attorney would provide further explanation. 1:41:29 PM RENEE BROKER, attorney for the Fairbanks North Star Borough, reported that the borough has 107 road-service areas. Since state revenue sharing terminated, some service areas have become unable or unwilling to tax themselves sufficiently to provide some or any road maintenance. Some service areas aren't even able to attract commissioners to serve on the service area boards, which means they are headed for legal dysfunction. The Fairbanks North Star Borough supports SB 114 to regain a measure of control since it has the responsibility for dysfunctional service areas and the liability for poorly maintained roads. It wants to step in and exercise responsible action with respect to those service areas specifically, but has no interest in extending its authority to service areas that are functioning legally and as intended. CHAIR GARY STEVENS asked Ms. Moss to come forward. 1:44:00 PM RYNNIEVA MOSS, legislative aide for Representative John Coghill, reported she was testifying in support of SB 114 as chair of a road service district in North Pole. Initially she had concerns about protecting properly functioning service districts but she is comfortable that the language in SB 114 does provide protection to service areas that function properly and allows them to continue to conduct their business. 1:44:52 PM CHAIR GARY STEVENS asked Ms. Moss if she sees the advantage in removing road service areas that are non-functioning. MS. MOSS replied yes and recapped the issue that Second Class Boroughs become liable for roads that aren't maintained in accordance with the state statutes that set up the service area. SB 114 removes that liability. She contended that it's the people that live in the service areas that will be liable because ambulances, fire trucks and school buses will eventually stop using roads that aren't maintained. CHAIR GARY STEVENS said the borough might become the deep pocket in the event of a lawsuit. KEVIN RITCHIE, Alaska Municipal League (AML), reported that both the AML legislative committee and the AML board strongly support SB 114. There was no further testimony. 1:46:57 PM CHAIR GARY STEVENS announced he would hold SB 114 in committee and take action at the next meeting.
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