HB 89: "An Act revising the law on borough assembly apportionment as recommended by the revisor of statutes; and providing for an effective date."
00HOUSE BILL NO. 89 01 "An Act revising the law on borough assembly apportionment as recommended 02 by the revisor of statutes; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 29.20.070(c) is amended to read: 05 (c) A form of assembly representation that includes election of assembly 06 members under (b)(2) or (3) [(b)(3]) of this section shall be submitted to the voters of 07 the borough with a plan of apportionment of the assembly seats that corresponds to 08 the form of representation that is proposed. The assembly shall describe the plan 09 of apportionment in the ballot proposition, and may present the plan in any 10 manner that it believes accurately describes the apportionment that is proposed 11 under the form of representation [AS REQUIRED BY AS 29.20.080]. 12 * Sec. 2. AS 29.20.080 is repealed and reenacted to read: 13 Sec. 29.20.080. REAPPORTIONMENT AND RECOMPOSITION. (a) Not 14 later than two months after the official report of a federal decennial census, the
01 assembly shall determine and declare by resolution whether the existing apportionment 02 of the assembly meets the standards of AS 29.20.060. If the assembly determines that 03 the existing apportionment does not meet the standards of AS 29.20.060, the assembly 04 shall submit a proposed plan of reapportionment to the voters in the election required 05 under AS 29.20.070. If the assembly determines that its existing apportionment meets 06 the standards of AS 29.20.060, the assembly may include the existing apportionment 07 as a proposed plan of apportionment of the assembly seats that corresponds to the form 08 of representation that is proposed to the voters under AS 29.20.070(b). 09 (b) The assembly may consider at any time whether the existing apportionment 10 of the assembly meets the standards of AS 29.20.060. If a petition signed by not less 11 than 50 voters requests the assembly to determine whether the existing apportionment 12 meets the standards under AS 29.20.060, and the petition contains evidence that the 13 existing apportionment does not meet those standards, the assembly shall make the 14 determination within two months of receipt of the petition. 15 (c) Within six months after a determination by the assembly under (b) of this 16 section that the existing apportionment does not meet the standards of AS 29.20.060, 17 the assembly shall adopt an ordinance providing for reapportionment and submit the 18 ordinance to the voters. The ordinance may include a change in the form of 19 representation under AS 29.20.070(b). The ordinance takes effect only if approved by 20 the voters. If, at the end of the six-month period, an ordinance providing for 21 reapportionment has not been approved by the voters and the commissioner determines 22 that the existing apportionment does not meet the standards of AS 29.20.060, the 23 commissioner shall provide for reapportionment by preparing a reapportionment order 24 and delivering the order to the borough mayor. 25 (d) In an election under (c) of this section or AS 29.20.090(b), the assembly 26 shall describe the plan of reapportionment in the ballot proposition in any manner that 27 it believes accurately describes the reapportionment. 28 * Sec. 3. AS 29.20.090 is repealed and reenacted to read: 29 Sec. 29.20.090. REAPPORTIONMENT APPEALS. (a) A decision of the 30 assembly under AS 29.20.080(a) or (b) that the standards of AS 29.20.060 do not 31 require a change in apportionment, or a reapportionment ordinance approved by the
01 voters may be appealed to the commissioner by delivering a petition signed by at least 02 50 voters to the commissioner within 20 days after the decision of the assembly or the 03 certification of the election. Within 60 days after receipt of the petition, the 04 commissioner shall make a determination and provide a copy of it to the petitioners 05 and to the assembly. 06 (b) If the commissioner determines under (a) of this section that a 07 reapportionment ordinance does not meet the standards of AS 29.20.060 or that the 08 decision of the assembly that a change of apportionment is not required is incorrect, 09 the commissioner shall in writing order the assembly to prepare a reapportionment 10 ordinance that meets the standards of AS 29.20.060 and submit the ordinance to the 11 voters. Within 60 days after receipt of the order, the assembly shall adopt a 12 reapportionment ordinance. The ordinance shall be submitted to the voters within 60 13 days after it is adopted by the assembly. 14 (c) If an ordinance providing for reapportionment that meets the standards of 15 AS 29.20.060 has not been approved by the voters within 120 days after the assembly 16 receives the commissioner's order under (b) of this section, the commissioner shall 17 provide for the reapportionment of the assembly by preparing a reapportionment order 18 and delivering the order to the borough mayor. 19 * Sec. 4. AS 29.20.100 is amended to read: 20 Sec. 29.20.100. JUDICIAL REVIEW [AND RELIEF]. (a) The commissioner 21 may request the superior court to enforce a reapportionment order issued under 22 AS 29.20.080(c) or 29.20.090(c) [AS 29.20.090(e)]. 23 (b) Each of the following is subject to judicial review: 24 (1) a plan of apportionment [REAPPORTIONMENT] approved by the 25 voters under AS 29.20.070(c) [AS 29.20.080(a)]; 26 (2) a determination by the assembly under AS 29.20.080(a) or (b) 27 [AS 29.20.080] that the standards of AS 29.20.060 do not require a change in existing 28 apportionment; 29 (3) a reapportionment ordinance approved by the voters under 30 AS 29.20.080(c) or 29.20.090(b) [AS 29.20.080(d)]; 31 (4) a reapportionment order of the commissioner made under
01 AS 29.20.080(c) or 29.20.090(c) [AS 29.20.090(c); 02 (5) A REAPPORTIONMENT ORDINANCE APPROVED BY THE 03 VOTERS UNDER AS 29.20.090(d); AND 04 (6) A REAPPORTIONMENT ORDER OF THE COMMISSIONER 05 MADE UNDER AS 29.20.090(e)]. 06 * Sec. 5. AS 29.20.110 is amended to read: 07 Sec. 29.20.110. EFFECTIVE DATE OF APPORTIONMENT. (a) A change 08 in assembly apportionment or composition under AS 29.20.080 or 29.20.090 is 09 effective beginning with the first regular election for members of the assembly that is 10 held more than 60 days after the later of 11 (1) approval of a reapportionment ordinance by the voters under 12 AS 29.20.080(c) or 29.20.090(b) [AS 29.20.080(a), 29.20.080(e), or 29.20.090(d)]; or 13 (2) the delivery to the mayor of a reapportionment order of the 14 commissioner under AS 29.20.080(c) or 29.20.090(c) [AS 29.20.090(e)]. 15 (b) The provisions of (a) of this section do not apply to a borough in which 16 a change in assembly composition or apportionment is subject to review and approval 17 or determination of nonobjection by the Attorney General of the United States under 18 42 U.S.C. 1971-1974 (Voting Rights Act of 1965), as amended. A change in assembly 19 composition or apportionment subject to review under 42 U.S.C. 1971-1974, as 20 amended, is effective beginning with the first regular election for members of the 21 assembly that is held more than 60 days after 22 (1) receipt by the assembly of approval or determination of 23 nonobjection by the Attorney General of the United States of the proposed change in 24 the composition or apportionment of the assembly; or 25 (2) [THE DELIVERY TO THE MAYOR OF A REAPPORTIONMENT 26 ORDER OF THE COMMISSIONER UNDER AS 29.20.090(e); OR 27 (3)] the last day on which the Attorney General of the United States may 28 review a proposed change in the composition or apportionment of the assembly. 29 * Sec. 6. This Act takes effect immediately under AS 01.10.070(c).