Legislature(2005 - 2006)BELTZ 211
04/04/2005 01:30 PM Senate COMMUNITY & REGIONAL AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB108 | |
| SB114 | |
| SB86 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 108 | TELECONFERENCED | |
| += | SB 114 | TELECONFERENCED | |
| += | SB 86 | TELECONFERENCED | |
SB 114-SERVICE AREAS IN SECOND CLASS BOROUGHS
2:27:50 PM
CHAIR GARY STEVENS announced SB 114 to be up for consideration.
MELANIE LESH, Staff to Senator Gary Stevens, informed members
the committee substitute (CS) \G version was adopted at the
March 9, 2005 meeting.
MS. LESH recapped the issue briefly explaining that a great
number of road service areas were created when state revenue
sharing was distributed by road mile. With the termination of
revenue sharing, a number of road service areas have
insufficient funding to conduct road maintenance. SB 114 was
introduced to allow second-class boroughs to consolidate or
dissolve such service areas that are nonfunctioning or
functioning below standard under AS 29. Any service areas that
are taxing themselves adequately to maintain safe roads are not
affected. Local assemblies would make consolidation or
dissolution decisions.
CHAIR GARY STEVENS called a brief at ease from 2:29:54 PM to
2:31:18 PM
CHAIR GARY STEVENS reconvened the meeting and asked Ms. Logan to
give testimony.
2:31:37 PM
ATHENA LOGAN, Local Government Specialist with the Department of
Commerce Community and Economic Development (DCCED), reported
that the department endorses measures to give local governments
flexibility to provide an efficient delivery of services and SB
114 does so for second-class boroughs.
She observed that the bill gives greater flexibility and
authority to second-class boroughs than it does to home rule
boroughs. Under the Alaska Constitution, home rule represents
maximum self-governance. State law doesn't place a greater
restriction on a home rule local government than it does on
general law, local governments, but SB 114 does just that. This
seems contrary to the intent of home rule local government, she
said.
She also observed that there is nothing unique about a second-
class borough that would suggest that the measures in SB 114 are
needed for that particular class of borough but not the other
classes of boroughs.
The Ketchikan Gateway Borough is a second-class borough and
under this bill the local assembly would gain needed
flexibility. However, a petition is currently pending before the
Local Boundary Commission (LBC) that would convert the Ketchikan
Gateway Borough into a home rule borough if approved by the
commission and the voters. If that occurs and the bill passes as
currently written, the Ketchikan Borough Assembly would lose the
flexibility accorded to second-class boroughs.
MS. LOGAN reiterated the department endorses measures that would
give borough government flexibility needed to provide for the
efficient delivery of services, but SB 114 does so only for
second-class boroughs.
She noted members had copies of a March 9, 2005 legal opinion
from Marjorie Vandor, Assistant Attorney General, supporting
DCCED's understanding of the bill.
2:33:46 PM
CHAIR GARY STEVENS asked Ms. Broker to respond to Ms. Logan's
comments regarding second-class and home rule boroughs.
RENE BROKER, Attorney for the Fairbanks North Star Borough
replied SB 114 addresses a problem that only second-class
boroughs face. Home rule boroughs do have more powers than
second-class boroughs, but with more power comes greater
flexibility and ability to deal with problems that second-class
boroughs don't have. Second-class boroughs don't have road
powers in particular so they can only exercise road powers
through service areas so second-class boroughs have an issue and
problem that home rule municipalities aren't experiencing.
2:35:12 PM
CHAIR GARY STEVENS said the issue might take more thought and
announced he would hold SB 114 in committee.
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