SB 156: "An Act relating to municipal incorporation, to reclassification of cities, to municipal boundary changes, and to dissolution of municipalities."
00SENATE BILL NO. 156 01 "An Act relating to municipal incorporation, to reclassification of cities, to 02 municipal boundary changes, and to dissolution of municipalities." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 29.04.040(a) is amended to read: 05 (a) A second class city may be reclassified as a first class city. A first class 06 or home rule city may be reclassified as a second class city. Reclassification is 07 proposed by filing a petition with the department. The department shall investigate the 08 proposal and report its findings to the Local Boundary Commission with its 09 recommendations. The commission shall hold at least one public hearing in the city 10 on the proposal. The commission may amend the petition and may impose 11 conditions on the reclassification. If the commission determines that the 12 reclassification, as amended or conditioned if appropriate, meets applicable 13 standards under the state constitution and commission regulations, [CITY] meets 14 the standards for incorporation under AS 29.05.011 for the class of city proposed in
01 the reclassification petition , and [THAT RECLASSIFICATION] is in the best interests 02 of the state, it may accept [OR AMEND AND ACCEPT] the petition. Otherwise [IF 03 THE COMMISSION DETERMINES THAT THE CITY DOES NOT MEET THE 04 STANDARDS OR THAT RECLASSIFICATION IS NOT IN THE BEST INTERESTS 05 OF THE STATE], it shall reject the petition. The commission shall notify the city of 06 its decision. The decision may be appealed under AS 44.62 (Administrative Procedure 07 Act). 08 * Sec. 2. AS 29.05.100(a) is repealed and reenacted to read: 09 (a) The Local Boundary Commission may amend the petition and may impose 10 conditions on the incorporation. If the commission determines that the incorporation, 11 as amended or conditioned if appropriate, meets applicable standards under the state 12 constitution and commission regulations, meets the standards for incorporation under 13 AS 29.05.011 or 29.05.031, and is in the best interests of the state, it may accept the 14 petition. Otherwise it shall reject the petition. 15 * Sec. 3. AS 29.06.040(a) is amended to read: 16 (a) The Local Boundary Commission may consider any proposed municipal 17 boundary change. The commission may amend [IT MAY REJECT] the proposed 18 change and may impose conditions on [, ACCEPT] the proposed change . If the 19 commission determines that the proposed change, as amended or conditioned if 20 appropriate, meets applicable standards under the state constitution and 21 commission regulations and is in the best interests of the state, it may accept the 22 proposed change. Otherwise it shall reject the proposed change [, OR AMEND 23 AND ACCEPT THE PROPOSAL]. A Local Boundary Commission decision under 24 this subsection may be appealed under AS 44.62 (Administrative Procedure Act). 25 * Sec. 4. AS 29.06.130(a) is repealed and reenacted to read: 26 (a) The Local Boundary Commission may amend the petition and may impose 27 conditions for the merger or consolidation. If the commission determines that the 28 merger or consolidation, as amended or conditioned if appropriate, meets applicable 29 standards under the state constitution and commission regulations, the municipality 30 after the merger or consolidation would meet the standards for incorporation under 31 AS 29.05.011 or 29.05.031, and the merger or consolidation is in the best interests of
01 the state, it may accept the petition. Otherwise, it shall reject the petition. 02 * Sec. 5. AS 29.06.500(a) is repealed and reenacted to read: 03 (a) The Local Boundary Commission may amend the petition and may impose 04 conditions for the dissolution. If the commission determines that the dissolution, as 05 amended or conditioned if appropriate, meets applicable standards under the state 06 constitution and commission regulations, meets the standards for dissolution under 07 AS 29.06.470, and is in the best interest of the state, it may accept the petition. 08 Otherwise it shall reject the petition.