CSSSHB 133(STA): "An Act relating to incorporation of boroughs, to annexation by local action, and to regulations of the Local Boundary Commission to provide standards and procedures for municipal incorporation, reclassification, dissolution, and certain municipal boundary changes; and providing for an effective date."
00 CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 133(STA) 01 "An Act relating to incorporation of boroughs, to annexation by local action, and to 02 regulations of the Local Boundary Commission to provide standards and procedures for 03 municipal incorporation, reclassification, dissolution, and certain municipal boundary 04 changes; and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 29.05.100(a) is amended to read: 07 (a) The Local Boundary Commission may not amend the petition or [AND 08 MAY] impose conditions on the incorporation. If the commission determines that the 09 incorporation [, AS AMENDED OR CONDITIONED IF APPROPRIATE,] meets 10 applicable standards under the state constitution and commission regulations, meets 11 the standards for incorporation under AS 29.05.011 or 29.05.031, and is in the best 12 interests of the state, it may accept the petition. Otherwise it shall reject the petition. 13 * Sec. 2. AS 29.05 is amended by adding a new section to read: 14 Sec. 29.05.115. Incorporation with legislative review. (a) If the Local
01 Boundary Commission submits a proposal for borough incorporation to the legislature 02 under art. X, sec. 12, Constitution of the State of Alaska, AS 29.05.060 - 29.05.110 do 03 not apply. However, before the proposal is submitted to the legislature, the Local 04 Boundary Commission shall hold at least two public hearings in the area proposed for 05 incorporation and shall notify the director of elections of the incorporation proposal. 06 Within 30 days after notification, the director of elections shall order an election in the 07 proposed borough area to determine whether the voters desire incorporation. Only if 08 the voters approve the incorporation may the Local Boundary Commission submit the 09 proposal to the legislature. 10 (b) This section may not be construed as granting authority to the Local 11 Boundary Commission to propose a borough incorporation under art. X, sec. 12, 12 Constitution of the State of Alaska. 13 * Sec. 3. AS 29.06.040(c) is amended to read: 14 (c) In addition to the regulations governing annexation by local action adopted 15 under AS 44.33.812, the Local Boundary Commission shall establish procedures for 16 annexation and detachment of territory by municipalities by local action. The 17 procedures established under this subsection must include a provision that 18 (1) a proposed annexation must be approved by a majority of votes 19 on the question cast by voters residing in the annexing municipality; 20 (2) a proposed annexation or [AND] detachment must be approved by 21 a majority of votes on the question cast by voters residing in the area proposed to be 22 annexed or detached; 23 (3) [(2)] municipally owned property adjoining the municipality may 24 be annexed by ordinance without voter approval; and 25 (4) [(3)] an area adjoining the municipality may be annexed by 26 ordinance without an election if all property owners and voters in the area petition the 27 governing body. 28 * Sec. 4. AS 44.33.812(a) is amended to read: 29 (a) The Local Boundary Commission shall 30 (1) make studies of local government boundary problems; 31 (2) adopt regulations providing standards and procedures for municipal
01 incorporation, annexation, detachment, merger, consolidation, reclassification, and 02 dissolution; the regulations providing standards and procedures are subject to 03 AS 29.04 - AS 29.10; 04 (3) consider a local government boundary change requested of it by the 05 legislature, the commissioner of commerce, community, and economic development, 06 or a political subdivision of the state; and 07 (4) develop standards and procedures for the extension of services and 08 ordinances of incorporated cities into contiguous areas for limited purposes upon 09 majority approval of the voters of the contiguous area to be annexed and prepare 10 transition schedules and prorated tax mill levies as well as standards for participation 11 by voters of these contiguous areas in the affairs of the incorporated cities furnishing 12 services. 13 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 14 read: 15 APPLICABILITY. A municipal incorporation, annexation, detachment, merger, 16 consolidation, reclassification, or dissolution proposal that has not taken effect on or before 17 the effective date of this Act and that has been initiated or considered under regulations that 18 do not meet the requirements of AS 44.33.812(a)(2), as amended in sec. 4 of this Act, or 19 under procedures that do not meet the requirements of AS 29.05.115, added by sec. 2 of this 20 Act, is void. The proposal may be initiated again under regulations that do meet the 21 requirements of AS 44.33.812(a)(2) or under procedures that do meet the requirements of 22 AS 29.05.115. 23 * Sec. 6. This Act takes effect immediately under AS 01.10.070(c).