00 SENATE 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 AS 29.05.100(a) is repealed and reenacted to read: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.