SCR 12: Requesting the Local Boundary Commission to consider borough incorporation for certain unorganized areas.
00 SENATE CONCURRENT RESOLUTION NO. 12 01 Requesting the Local Boundary Commission to consider borough incorporation for 02 certain unorganized areas. 03 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 WHEREAS Article I, sec. 1, Constitution of the State of Alaska, provides that all 05 persons are equal and entitled to equal rights, opportunities, and protection under the law, and 06 that all persons have corresponding obligations to the people and to the state; and 07 WHEREAS the State of Alaska requires organized boroughs, home rule cities in the 08 unorganized borough, and first class cities in the unorganized borough to operate a system of 09 municipal public schools as provided in AS 29.35.160 and 29.35.260(b); and 10 WHEREAS the State of Alaska significantly reduces public school funding to 11 organized boroughs, home rule cities in the unorganized borough, and first class cities in the 12 unorganized borough by an amount equal to the "local contribution" required of those 13 municipalities under AS 14.17.410, while no corresponding public school funding reductions 14 are imposed on the remainder of Alaska for operation of regional educational attendance 15 areas; and 16 WHEREAS the State of Alaska imposes significant obligations to provide other
01 fundamental public services, such as land use regulation, upon organized boroughs, home rule 02 cities in the unorganized borough, and first class cities in the unorganized borough, while no 03 corresponding obligations are imposed on the remainder of Alaska; and 04 WHEREAS no reasonable basis, such as fiscal or administrative capacity, exists to 05 distinguish those Alaskans who do not have obligations to provide a system of public schools 06 and other fundamental public services from those Alaskans within organized boroughs, home 07 rule cities in the unorganized borough, and first class cities in the unorganized borough upon 08 whom the State of Alaska has imposed significant financial and other obligations to provide a 09 system of public schools and other fundamental public services; and 10 WHEREAS borough incorporation of unorganized areas with relatively significant 11 populations residing outside home rule and first class cities, and with the fiscal and 12 administrative capacity to operate boroughs, would establish a reasonable basis to distinguish 13 Alaskans that have significant obligations to provide a system of public schools and other 14 fundamental public services from those with no such obligations; and 15 WHEREAS the Local Boundary Commission determined in its February 2003 report 16 entitled: "Unorganized Areas of Alaska that Meet Borough Incorporation Standards," that 17 seven unorganized areas of Alaska meet standards for borough incorporation, including fiscal 18 and administrative capacity to operate boroughs; and 19 WHEREAS four of the seven unorganized areas identified in the Local Boundary 20 Commission's February 2003 report have relatively significant populations residing outside 21 home rule and first class cities; those areas are the Upper Tanana Basin Model Borough, the 22 Copper River Basin Model Borough, the Glacier Bay Model Borough, and the Chatham 23 Region Model Borough, as those unorganized areas are defined by 3 AAC 110.990(9); and 24 WHEREAS the purpose of the local government article of the Constitution of the 25 State of Alaska is to provide for maximum local self-government with a minimum of local 26 government units, and to prevent duplication of tax-levying jurisdictions; and 27 WHEREAS Article X, sec. 1, Constitution of the State of Alaska, encourages 28 organization of boroughs to achieve the purpose of the local government article; and 29 WHEREAS the local option method of borough incorporation, first enacted in 1961 30 and currently codified in AS 29.05.060 - 29.05.150, has been generally ineffective in 31 promoting the fundamental constitutional objective of borough organization; and
01 WHEREAS the Local Boundary Commission has authority under art. X, sec. 12, 02 Constitution of the State of Alaska, to present borough incorporation proposals to the 03 legislature; and 04 WHEREAS the provisions of AS 44.33.812 require the Local Boundary Commission 05 to adopt regulations providing procedures for borough incorporation; and 06 WHEREAS the Local Boundary Commission has adopted procedures for 07 incorporation of boroughs under 3 AAC 110.400 - 3 AAC 110.660, including procedures in 3 08 AAC 110.610 for legislative review under art. X, sec. 12, Constitution of the State of Alaska; 09 and 10 WHEREAS the provisions of AS 44.33.812 require the Local Boundary Commission 11 to consider borough incorporation for areas requested of it by the legislature; 12 BE IT RESOLVED that the Alaska State Legislature requests the Local Boundary 13 Commission to consider borough incorporation for the Upper Tanana Basin Model Borough, 14 the Copper River Basin Model Borough, the Glacier Bay Model Borough, and the Chatham 15 Region Model Borough; and be it 16 FURTHER RESOLVED that the Alaska State Legislature requests the Local 17 Boundary Commission to present a recommendation for borough incorporation under the 18 legislative review method in art. X, sec. 12, Constitution of the State of Alaska, for each 19 model borough listed in this resolution that is determined by the Local Boundary 20 Commission, with any appropriate amendments or conditions, to meet applicable borough 21 incorporation standards under the Constitution of the State of Alaska, Local Boundary 22 Commission regulations, AS 29.05.031 and 29.05.100; and be it 23 FURTHER RESOLVED that the Alaska State Legislature requests the Local 24 Boundary Commission to include in each legislative review recommendation for borough 25 incorporation submitted under this resolution, details concerning the class, name, boundaries, 26 assembly composition and apportionment, proposed operating budget, taxes, and other 27 areawide and nonareawide powers to be exercised, measures to ensure a smooth transition to 28 organized borough status, and other elements essential to the establishment of each particular 29 recommended borough. 30 COPIES of this resolution shall be sent to the Honorable Frank Murkowski, Governor 31 of Alaska; the Honorable Darroll Hargraves, Chair, Local Boundary Commission; and to the
01 Honorable Edgar Blatchford, Commissioner, Department of Community and Economic 02 Development.