HB 255: "An Act relating to villages; and providing for an effective date."
00HOUSE BILL NO. 255 01 "An Act relating to villages; and providing for an effective date." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 29.05.011(b) is amended to read: 04 (b) A community that meets all the standards under (a) of this section except 05 (a)(1) may incorporate as a second class city or a village . 06 * Sec. 2. AS 29.05.060 is amended to read: 07 Sec. 29.05.060. Petition. Municipal incorporation is proposed by filing a 08 petition with the department. The petition must include the following information about 09 the proposed municipality: 10 (1) class; 11 (2) name; 12 (3) boundaries; 13 (4) maps, documents, and other information required by the department; 14 (5) composition and apportionment of the governing body;
01 (6) a proposed operating budget for the municipality projecting sources 02 of income and items of expenditure through the first full fiscal year of operation; 03 (7) for a borough or unified municipality, based on the number who 04 voted in the respective areas in the last general election, the signature and resident 05 address of 15 percent of the voters in 06 (A) home rule and first class cities in the area of the proposed 07 borough or unified municipality; and 08 (B) the area of the proposed borough or unified municipality 09 outside home rule and first class cities; 10 (8) for a first class borough or unified municipality, a designation of 11 areawide powers to be exercised; 12 (9) for a second class borough, a designation of areawide and 13 nonareawide powers to be exercised; 14 (10) for a village or a first class, second class, or home rule city, a 15 designation of the powers to be exercised; 16 (11) for a first class or home rule city, based on the number who voted 17 in the area in the last general election, the signatures and resident addresses of 50 18 voters in the proposed city or of 15 percent of the voters in the proposed city, 19 whichever is greater; 20 (12) for a second class city or a village , based on the number who 21 voted in the area in the last general election, the signatures and resident addresses of 22 25 voters in the proposed city or of 15 percent of the voters in the proposed city, 23 whichever is greater; 24 (13) for a village or a home rule city, home rule borough, or unified 25 municipality , a proposed home rule charter. 26 * Sec. 3. AS 29.10.010(c) is amended to read: 27 (c) At an incorporation, merger, or consolidation election , a municipality may 28 adopt a charter for its own government and incorporate, merge, or consolidate as a 29 village, home rule city, home rule borough, or unified municipality. 30 * Sec. 4. AS 29.10.010(f) is amended to read: 31 (f) The proposed charter for a home rule municipality to be formed by
01 incorporation, merger, or consolidation shall be prepared by the petitioners and filed 02 with the petition to incorporate, merge, or consolidate a village, home rule city, home 03 rule borough, or unified municipality. 04 * Sec. 5. AS 29.10.020 is amended to read: 05 Sec. 29.10.020. Model charters. The department shall prepare at least one 06 model home rule charter for a city, borough, and unified municipality. The 07 department shall prepare several alternative model home rule charters for a 08 village. A charter for a village may provide that the council shall be known by 09 another name, such as "village council," or "council of elders," or that the mayor 10 shall be known by another name, such as "chief" or "elder." The model charters 11 shall be made available to persons interested in filing a petition to form a home rule 12 municipality under AS 29.05.060 or AS 29.06.090. 13 * Sec. 6. AS 29.35.120(a) is amended to read: 14 (a) The governing body shall provide for an annual independent audit of the 15 accounts and financial transactions of the municipality or, in the case of a village or 16 second class city, an audit or statement of annual income and expenditures. To make 17 the audit , the governing body shall designate a public accountant who has no personal 18 interest, direct or indirect, in the fiscal affairs of the municipality. Copies of the audit 19 shall be available to the public upon request. 20 * Sec. 7. AS 29.35.250(c) is amended to read: 21 (c) A home rule city in a third class borough shall provide for planning, 22 platting, and land use regulation as provided by AS 29.35.180(b) for home rule 23 boroughs. A first class city in a third class borough shall provide for planning, 24 platting, and land use regulation as provided by AS 29.35.180(a) for first and second 25 class boroughs. A village or second class city in a third class borough may provide 26 for planning, platting, and land use regulation as provided by AS 29.35.180(a) for first 27 and second class boroughs. 28 * Sec. 8. AS 29.35.260(b) is amended to read: 29 (b) A home rule or first class city outside a borough is a city school district 30 and shall establish, operate, and maintain a system of public schools as provided by 31 AS 29.35.160 for boroughs. A village or second class city outside a borough is not
01 a school district and may not establish a system of public schools. 02 * Sec. 9. AS 29.35.260(c) is amended to read: 03 (c) A home rule city outside a borough shall provide for planning, platting, and 04 land use regulation as provided by AS 29.35.180(b) for home rule boroughs. A first 05 class city outside a borough shall, and a village or a second class city outside a 06 borough may, provide for planning, platting, and land use regulation as provided by 07 AS 29.35.180(a) for first and second class boroughs. 08 * Sec. 10. AS 29.45.550 is amended to read: 09 Sec. 29.45.550. Cities outside boroughs. Home rule and first class cities and 10 villages outside boroughs may assess, levy, and collect a property tax. A property tax 11 if levied must be assessed, levied, and collected as provided by AS 29.45.010 - 12 29.45.500. 13 * Sec. 11. AS 29.45.560 is amended to read: 14 Sec. 29.45.560. Cities inside boroughs. Home rule and first class cities and 15 villages inside boroughs may levy a property tax. A property tax, if levied, is subject 16 to AS 29.45.010 - 29.45.050, 29.45.090 - 29.45.100, 29.45.250, 29.45.400 - 29.45.440 17 and 29.45.460 - 29.45.500. The council shall by June 15 of each year present to the 18 assembly a statement of the city's rate of levy unless a different date is agreed upon 19 by the borough and city. 20 * Sec. 12. AS 29.45.600 is amended to read: 21 Sec. 29.45.600. Combining property tax with incorporation of a village or 22 a second class city. A petition for village or second class city incorporation may 23 request that a property tax proposal be placed on the same ballot. The petition must 24 state the proposed tax rate. The petition may request that incorporation be dependent 25 on the passage of the property tax proposition. If so, the incorporation proposition 26 fails if the property tax fails. 27 * Sec. 13. AS 29.45.710 is amended to read: 28 Sec. 29.45.710. Combining sales and use tax with incorporation of a village 29 or a second class city. A petition for incorporation of a village or a second class city 30 may request that a sales and use tax proposal be placed on the same ballot. The 31 petition must state the proposed tax rate. The petition may request that incorporation
01 be dependent on the passage of the tax proposition. If so, the incorporation 02 proposition fails if the tax fails. 03 * Sec. 14. AS 29.60.030(e) is amended to read: 04 (e) In addition to the computation for municipalities that levy and collect a 05 property tax, the department shall determine an estimated full and true assessed 06 property value under (d) of this section for 07 (1) each municipality that is a school district and that does not levy and 08 collect a property tax; 09 (2) each second class city or village with a population of 750 or more 10 persons; however, a computation is not required under this paragraph more often than 11 once during a period of three successive calendar years; and 12 (3) all other second class cities and villages , by determining the 13 average per capita full and true assessed property value of all cities having a 14 population of less than 750 persons in which an assessment has been completed by a 15 municipality or for which a determination is not made under (1) or (2) of this 16 subsection. 17 * Sec. 15. AS 29.71.800(4) is amended to read: 18 (4) "city" means a general law first or second class city , [OR] a home 19 rule city , or a village ; 20 * Sec. 16. AS 29.71.800(7) is amended to read: 21 (7) "council" means the governing body of a city or village ; 22 * Sec. 17. AS 29.71.800(13) is amended to read: 23 (13) "municipality" means a political subdivision incorporated under 24 the laws of the state that is a village, a home rule or general law city, a home rule or 25 general law borough, or a unified municipality; 26 * Sec. 18. The revisor of statutes shall, by January 31, 2001, prepare a bill making changes 27 in statutes to conform with the provisions of this Act and submit the bill to the Alaska 28 Legislative Council for introduction. 29 * Sec. 19. Section 18 of this Act takes effect immediately under AS 01.10.070(c). 30 * Sec. 20. Sections 1 - 17 of this Act take effect on July 1, 2002.