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28th Legislature(2013-2014)

Bill Text 28th Legislature


00 Enrolled SB 157                                                                                                         
01 Exempting solicitations or voluntary agreements to provide ambulance, emergency, or fire                                
02 department services from regulation as insurance; relating to municipal fire protection service                         
03 area boundary changes.                                                                                                  
04                           _______________                                                                               
05    * Section 1. AS 21.03.021 is amended by adding a new subsection to read:                                           
06            (h)  This title does not apply to the solicitation of an agreement or an                                     
07       agreement between a prospective recipient of ambulance, emergency, or fire                                        
08       protection services and a municipality or community-based nonprofit that provides                                 
09       ambulance, emergency, or fire protection services.                                                                
10    * Sec. 2. AS 29.35.450(c) is amended to read:                                                                      
11            (c)  If voters reside within a service area that provides road, fire protection, or                          
12       parks and recreation services, abolishment of the service area is subject to approval by                          
13       the majority of the voters residing in the service area who vote on the question. A                               
14       service area that provides road, fire protection, or parks and recreation services in                             
01       which voters reside may not be abolished and replaced by a larger service area unless                             
02       that proposal is approved, separately, by a majority of the voters who vote on the                                
03       question residing in the existing service area and by a majority of the voters who vote                           
04       on the question residing in the area proposed to be included within the new service                               
05       area but outside of the existing service area. A service area that provides road, fire                            
06       protection, or parks and recreation services in which voters reside may not be altered                            
07       or combined with another service area unless that proposal is approved, separately, by                            
08       a majority of the voters who vote on the question and who reside in each of the service                           
09       areas or in the area outside of service areas that is affected by the proposal. This                              
10       subsection does not apply                                                                                         
11                 (1)  to a proposed change to a service area that provides fire protection                               
12       services                                                                                                          
13                      (A)  that would result in increasing the number of parcels of                                  
14            land in the service area or successor service area if the increase is not more                               
15            than six percent and would add not more than 1,000 residents;                                                
16                      (B)  in a second class borough that would result in                                            
17                           (i)  decreasing the number of parcels of land in the                                      
18                 service area or successor service area if the owner of the property                                 
19                 to be removed from the area requests removal and the removal                                        
20                 meets criteria adopted by ordinance; or                                                             
21                           (ii)  increasing or decreasing the number of parcels                                      
22                 of land in the service area or successor service area if the parcel is                              
23                 transferred to a service area that provides more accessible fire                                    
24                 protection services to the transferred parcel;                                                      
25                 (2)  in a second class borough to abolishment of a road service area or                                 
26       consolidation of two or more road service areas if                                                                
27                      (A)  taxes have not been levied in the service area for road                                       
28            maintenance or construction during the last 12 months and there is no balance                                
29            in any account available to pay for these road services for the service area;                                
30                      (B)  during the last 12 months, the service area board has not                                     
31            met with a quorum present and in accordance with law; or                                                     
01                      (C)  there are no road maintenance contracts in effect for the                                     
02            service area or the existing road maintenance contracts fail to provide for                                  
03            minimum road standards required by law that are necessary to protect the                                     
04            borough from civil liability;                                                                                
05                 (3)  to require approval by the voters residing in a subdivision or parcel                              
06       proposed to be added to a road service area if roads maintained by the service area                               
07       provide the only access to the subdivision or parcel or provide access to the                                     
08       subdivision or parcel that is required by the subdivision plat or by other regulation or                          
09       ordinance;                                                                                                        
10                 (4)  to a change in the boundaries of a road service area to exclude a                                  
11       subdivision or parcel that does not rely on the use of roads maintained by the service                            
12       area for the subdivision's or parcel's only access or for access that is required by the                          
13       subdivision plat or by other regulation or ordinance.                                                             
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