00 HOUSE BILL NO. 247 01 "An Act reconstituting the Local Boundary Commission as an independent state agency 02 within the Department of Commerce, Community, and Economic Development, and 03 transferring to the commission the duties relating to completing borough feasibility 04 studies; and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06  * Section 1. AS 39.25.110 is amended to read: 07 Sec. 39.25.110. Exempt service. Unless otherwise provided by law, the 08 following positions in the state service constitute the exempt service and are exempt 09 from the provisions of this chapter and the rules adopted under it: 10 (1) persons elected to public office by popular vote or appointed to fill 11 vacancies in elected offices; 12 (2) justices, judges, magistrates, and employees of the judicial branch 13 including employees of the judicial council; 14 (3) employees of the state legislature and its agencies; 01 (4) the head of each principal department in the executive branch; 02 (5) officers and employees of the University of Alaska; 03 (6) certificated teachers and noncertificated employees employed by a 04 regional educational attendance area established and organized under AS 14.08.031 - 05 14.08.041 to teach in, administer, or operate schools under the control of a regional 06 educational attendance area school board; 07 (7) certificated teachers employed by the Department of Education and 08 Early Development as correspondence teachers, teachers in skill centers operated by 09 the Department of Education and Early Development or by the Department of Labor 10 and Workforce Development, or in Mt. Edgecumbe School; 11 (8) patients and inmates employed in state institutions; 12 (9) persons employed in a professional capacity to make a temporary 13 or special inquiry, study or examination as authorized by the governor; 14 (10) members of boards, commissions, or authorities; 15 (11) the officers and employees of the following boards, commissions, 16 and authorities: 17 (A) [REPEALED 18 (B)] Alaska Permanent Fund Corporation; 19 (B) [(C)] Alaska Industrial Development and Export Authority; 20 (C) [(D)] Alaska Commercial Fisheries Entry Commission; 21 (D) [(E)] Alaska Commission on Postsecondary Education; 22 (E) [(F)] Alaska Aerospace Development Corporation; 23 (F) [(G)] Alaska Natural Gas Development Authority; 24 (G) Local Boundary Commission;  25 (12) the executive secretary and legal counsel of the Alaska Municipal 26 Bond Bank Authority; 27 (13) the state medical examiner, deputy medical examiner, and 28 assistant medical examiners appointed under AS 12.65.015 and pharmacists and 29 physicians licensed to practice in this state and employed by the Department of Health 30 and Social Services or by the Department of Corrections; 31 (14) petroleum engineers and petroleum geologists employed in a 01 professional capacity by the Department of Natural Resources and by the Oil and Gas 02 Conservation Commission, except for those employed in the division of geological 03 and geophysical surveys in the Department of Natural Resources; 04 (15) [REPEALED 05 (16)] persons employed by the division of marine transportation as 06 masters and members of the crews of vessels who operate the state ferry system and 07 who are covered by a collective bargaining agreement provided in AS 23.40.040; 08 (16) [(17)] officers and employees of the state who reside in foreign 09 countries; 10 (17) [(18)] employees of the Alaska Seafood Marketing Institute; 11 (18) [(19)] emergency fire-fighting personnel employed by the 12 Department of Natural Resources for a fire emergency or for fire prevention and 13 related activities conducted under AS 41.15.030; 14 (19) [(20)] employees of the Office of the Governor and the office of 15 the lieutenant governor, including the staff of the governor's mansion; 16 (20) [(21) REPEALED 17 (22)] youth employed by the Department of Natural Resources under 18 the Youth Employment and Student Intern programs; 19 (21) [(23) REPEALED 20 (24)] students employed by the state institutions in which the students 21 are enrolled; 22 (22) [(25) REPEALED 23 (26)] investment officers in the Department of Revenue; 24 (23) [(27) REPEALED 25 (28)] persons engaged in employment or pre-employment training 26 programs operated by the Department of Military and Veterans' Affairs; 27 (24) [(29) REPEALED 28 (30)] a person employed as an actuary or assistant actuary by the 29 division of insurance in the Department of Commerce, Community, and Economic 30 Development; 31 (25) [(31) REPEALED 01 (32)] a participant in the Alaska temporary assistance program under 02 AS 47.27 who holds a temporary position with the state in order to obtain job training 03 or experience; 04 (26) [(33)] a person employed as a convener under AS 44.62.730 or as 05 a facilitator under AS 44.62.760 related to a negotiated regulation making process 06 under AS 44.62.710 - 44.62.800; 07 (27) [(34)] the chief executive officer and employees of the Alaska 08 Mental Health Trust Authority employed under AS 47.30.026(b); 09 (28) [(35)] the assistant adjutant general for space and missile defense 10 appointed under AS 26.05.185; 11 (29) [(36)] the victims' advocate established under AS 24.65.010 and 12 the advocate's staff; 13 (30) [(37)] employees of the Alaska mental health trust land unit 14 established under AS 44.37.050; 15 (31) [(38)] the executive director and staff of the Council on Domestic 16 Violence and Sexual Assault established under AS 18.66.010; 17 (32) [(39)] the executive director and employees of the Knik Arm 18 Bridge and Toll Authority under AS 19.75.051 and 19.75.061; 19 (33) [(40)] the chair of the Workers' Compensation Appeals 20 Commission (AS 23.30.007). 21  * Sec. 2. AS 44.33.810 is amended to read: 22 Sec. 44.33.810. Local Boundary Commission. There is in the Department of 23 Commerce, Community, and Economic Development, as an independent agency of  24 the state, a Local Boundary Commission. The Local Boundary Commission consists 25 of five members appointed by the governor for overlapping five-year terms. One 26 member shall be appointed from each of the four judicial districts described in 27 AS 22.10.010 and one member shall be appointed from the state at large. The member 28 appointed from the state at large is the chair of the commission. 29  * Sec. 3. AS 44.33.812 is amended to read: 30 Sec. 44.33.812. Powers and duties. (a) The Local Boundary Commission 31 shall 01 (1) make studies of local government boundary problems; 02 (2) adopt, amend, and repeal regulations necessary to carry out its  03 statutory functions, including providing standards and procedures for municipal 04 incorporation, annexation, detachment, merger, consolidation, reclassification, and 05 dissolution; the regulations providing standards and procedures are subject to 06 AS 29.04 - AS 29.10; 07 (3) consider a local government boundary change requested of it by the 08 legislature, the commissioner of commerce, community, and economic development, 09 or a political subdivision of the state; "boundary change" may not be construed to 10 include a borough incorporation; and 11 (4) develop standards and procedures for the extension of services and 12 ordinances of incorporated cities into contiguous areas for limited purposes upon 13 majority approval of the voters of the contiguous area to be annexed and prepare 14 transition schedules and prorated tax mill levies as well as standards for participation 15 by voters of these contiguous areas in the affairs of the incorporated cities furnishing 16 services. 17 (b) The commission [LOCAL BOUNDARY COMMISSION] may 18 (1) conduct meetings and hearings to consider local government 19 boundary changes and other matters related to local government boundary changes, 20 including extensions of services by incorporated cities into contiguous areas and 21 matters related to extension of services; and 22 (2) present to the legislature during the first 10 days of a regular 23 session proposed local government boundary changes, including gradual extension of 24 services of incorporated cities into contiguous areas upon a majority approval of the 25 voters of the contiguous area to be annexed and transition schedules providing for total 26 assimilation of the contiguous area and its full participation in the affairs of the 27 incorporated city within a period not to exceed five years. 28  * Sec. 4. AS 44.33.812 is amended by adding new subsections to read: 29 (c) The commission shall establish a principal office and may establish branch 30 offices necessary to discharge its business efficiently. 31 (d) The commission may employ persons as staff it considers advisable, 01 including an executive director, and may employ professional advisors, technical 02 experts, agents, and other employees it considers advisable. The executive director and 03 employees of the corporation serve at the pleasure of the commission, and receive 04 compensation fixed by the commission. The executive officer appoints persons to the 05 staff positions authorized by the commission, and staff compensation is fixed by the 06 commission. 07  * Sec. 5. AS 44.33.814 is amended to read: 08 Sec. 44.33.814. Meetings and hearings. The chair of the commission [OR 09 THE COMMISSIONER OF COMMERCE, COMMUNITY, AND ECONOMIC 10 DEVELOPMENT WITH THE CONSENT OF THE CHAIR] may call a meeting or 11 hearing of the commission [LOCAL BOUNDARY COMMISSION]. All meetings 12 and hearings shall be public. 13  * Sec. 6. AS 44.33.816 is amended to read: 14 Sec. 44.33.816. Minutes and records. The commission [LOCAL 15 BOUNDARY COMMISSION] shall keep minutes of all meetings and hearings. If the 16 proceedings are transcribed, minutes shall be made from the transcription. The 17 minutes are a public record. All votes taken by the commission shall be entered in the 18 minutes. 19  * Sec. 7. AS 44.33.818 is amended to read: 20 Sec. 44.33.818. Notice of public hearings. Public notice of a hearing of the 21 commission [LOCAL BOUNDARY COMMISSION] shall be given in the area in 22 which the hearing is to be held at least 15 days before the date of the hearing. The 23 notice of the hearing must include the time, date, place, and subject of the hearing. The 24 commission [COMMISSIONER OF COMMERCE, COMMUNITY, AND 25 ECONOMIC DEVELOPMENT] shall give notice of the hearing at least three times in 26 the press, through other news media, or by posting in a public place, whichever is 27 most feasible. 28  * Sec. 8. AS 44.33.822 is amended to read: 29 Sec. 44.33.822. Boundary change. A majority of the membership of the 30 commission [LOCAL BOUNDARY COMMISSION] must vote in favor of a 31 proposed boundary change before it may be presented to the legislature. 01  * Sec. 9. AS 44.33.824 is amended to read: 02 Sec. 44.33.824. Expenses. Members of the commission [LOCAL 03 BOUNDARY COMMISSION] receive no pay but are entitled to the travel expenses 04 and per diem authorized for members of boards and commissions under AS 39.20.180. 05  * Sec. 10. AS 44.33.840 is amended to read: 06 Sec. 44.33.840. Borough feasibility studies. The commission 07 [COMMISSIONER] may contract for studies of the feasibility of establishing 08 boroughs in the unorganized borough. A study may be conducted under this section 09 only if 10 (1) appropriations are available for that purpose; and 11 (2) the study is requested by a person residing in the area to be studied 12 or by a city located in the area to be studied. 13  * Sec. 11. AS 44.33.842 is amended to read: 14 Sec. 44.33.842. Requests for studies. A request for a study of the feasibility of 15 establishing a borough in the unorganized borough shall be submitted to the 16 commission [COMMISSIONER] in writing and must include 17 (1) a description of the boundaries of the area of the proposed study; 18 and 19 (2) an indication of local interest in the proposed study consisting of 20 either 21 (A) a petition requesting the study containing the signatures 22 and addresses of five percent of the voters residing in the area of the proposed 23 study based on the number of voters who voted in the area in the last statewide 24 election; or 25 (B) resolutions requesting the study adopted by the governing 26 bodies of at least five percent of the cities within the area of the proposed 27 study. 28  * Sec. 12. AS 44.33.844 is amended to read: 29 Sec. 44.33.844. Boundaries. The boundaries of an area studied shall conform 30 to the boundaries indicated in the request for the study under AS 44.33.842 unless the 31 commission [COMMISSIONER], after a public hearing held in the area of the 01 proposed study, determines that the boundaries should be altered. In determining the 02 boundaries of an area to be studied, the commission [COMMISSIONER] shall 03 consider 04 (1) the standards applicable to the incorporation of boroughs under 05 AS 29.05.031; 06 (2) boundaries of regional corporations established under 43 U.S.C. 07 1606; 08 (3) census divisions of the state used for the 1980 census; 09 (4) boundaries of the regional educational attendance areas established 10 under AS 14.08.031; and 11 (5) boundaries of coastal resource service areas organized under 12 AS 46.40.110 - 46.40.210. 13  * Sec. 13. AS 44.33.846(a) is amended to read: 14 (a) The commission [COMMISSIONER] shall contract for a study of the 15 feasibility of establishing a borough in the unorganized borough by following the 16 procedures under AS 36.30 (State Procurement Code). The commission 17 [COMMISSIONER] shall include terms in the contract that provide for 18 (1) public participation in the preparation of the study; 19 (2) completion of the study not later than June 30 of the third year after 20 the year the contract is executed. 21  * Sec. 14. AS 44.33.849 is repealed and reenacted to read: 22 Sec. 44.33.849. Definition. In AS 44.33.810 - 44.33.849, "commission" means 23 the Local Boundary Commission. 24  * Sec. 15. AS 44.33.020(a)(4) is repealed. 25  * Sec. 16. The uncodified law of the State of Alaska is amended by adding a new section to 26 read: 27 TRANSITION. (a) Litigation, hearings, investigations, and other proceedings pending 28 with the Local Boundary Commission continue in effect and may be continued and completed 29 notwithstanding a transfer, amendment, or repeal provided for in this Act. 30 (b) Certificates, orders, and regulations issued or adopted under a law amended by 31 this Act remain in effect for the term issued or until revoked, vacated, or otherwise modified. 01 (c) Contracts, rights, liabilities, and obligations created by or under a law amended or 02 repealed by this Act, and effective on the date of this Act, remain in effect notwithstanding 03 this Act's taking effect. This subsection does not apply to employment contract rights, 04 liabilities, and obligations for an employee of the Department of Commerce, Community, and 05 Economic Development, including an employee of the division of community advocacy, who 06 provides staffing for the commission under AS 44.33.020(a)(4). 07 (d) Records, equipment, appropriations, and other property of the Local Boundary 08 Commission whose functions are transferred under this Act shall be transferred to implement 09 the provisions of this Act. 10  * Sec. 17. The uncodified law of the State of Alaska is amended by adding a new section to 11 read: 12 COMMISSIONERS. Commissioners holding seats on the Local Boundary 13 Commission on the day before the effective date of this Act shall continue to be 14 commissioners in the reorganized Local Boundary Commission under sec. 2 of this Act to the 15 same extent that they would have remained commissioners if the commission had not been 16 reorganized. 17  * Sec. 18. The uncodified law of the State of Alaska is amended by adding a new section to 18 read: 19 EMPLOYEES. Employees of the Department of Commerce, Community, and 20 Economic Development who, on the day before the effective date of this Act, provide services 21 to the Local Boundary Commission under former AS 44.33.020(a)(4), repealed by sec. 15 of 22 this Act, do not become employees of the reorganized Local Boundary Commission as a 23 result of the reorganization of the commission as an independent state agency under sec. 2 of 24 this Act. 25  * Sec. 19. This Act takes effect immediately under AS 01.10.070(c).