CSSB 291(CRA): "An Act relating to including all regions in the state in an organized borough or unified municipality; and providing for an effective date."
00CS FOR SENATE BILL NO. 291(CRA) 01 "An Act relating to including all regions in the state in an organized borough 02 or unified municipality; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. LEGISLATIVE PURPOSE. It is the purpose of this Act to eliminate the 05 unorganized borough by including all regions in the state in an organized borough or unified 06 municipality in accordance with art. X, sec. 3, of the Constitution of the State of Alaska. 07 * Sec. 2. COMMITTEE ON MUNICIPALITIES. (a) A committee on municipalities is 08 established in the Department of Community and Regional Affairs consisting of the 09 commissioner of community and regional affairs or the commissioner's designee, the chair of 10 the local boundary commission or the chair's designee, and the following members appointed 11 by the governor: 12 (1) a member of the senate; 13 (2) a member of the house of representatives; 14 (3) an employee or official of a borough or unified municipality;
01 (4) an employee or official of a city in the unorganized borough; 02 (5) a member of a regional educational attendance area school board; 03 (6) one person from each of the four judicial districts described in 04 AS 22.10.010; each person appointed under this paragraph shall be a resident of an 05 unincorporated community in the unorganized borough who is a member of a local governing 06 body organized under 25 U.S.C. 476 or a traditional village council of a Native village that 07 meets the requirements of the Alaska Native Claims Settlement Act (43 U.S.C. 1601 - 1628); 08 and 09 (7) a representative of the Alaska Municipal League. 10 (b) Members are not entitled to receive compensation, but the members appointed 11 under (a)(3) - (7) of this section are entitled to per diem and travel expenses authorized for 12 boards and commissions under AS 39.20.180. 13 (c) The commissioner of community and regional affairs or the commissioner's 14 designee shall serve as committee chair. The committee shall consider means to eliminate or 15 reduce disincentives and enhance incentives for the formation of boroughs. The committee 16 shall also consider ways to ensure greater equity in the distribution of financial aid to all 17 municipalities. The committee shall submit a report of its findings and recommendations to 18 the legislature and to the local boundary commission by January 1, 1996. The Department 19 of Community and Regional Affairs shall make copies of the report available to all 20 municipalities and to all unincorporated communities as that term is defined in 21 AS 29.60.140(b). 22 (d) The committee terminates upon submission of its report under (c) of this section. 23 * Sec. 3. BOUNDARY STUDY. (a) The local boundary commission shall conduct a 24 boundary study of the unorganized borough to determine 25 (1) which regions meet the standards set out in AS 29.05.031 for borough 26 incorporation; and 27 (2) which areas should be annexed to existing boroughs or unified 28 municipalities. 29 (b) In conducting the boundary study, the local boundary commission shall consult 30 with existing municipalities, regional educational attendance areas, and coastal resource service 31 areas. The commission shall conduct at least two public hearings at different locations in each
01 region found to have met the standards for borough incorporation and in each area the 02 commission determines should be annexed. The study must be completed by May 1, 1996. 03 * Sec. 4. ANNEXATION OR BOROUGH FORMATION. (a) After completing the 04 boundary study, the local boundary commission shall notify the director of elections of each 05 region the commission determines should be incorporated as a borough and each area the 06 commission determines should be annexed. Within 30 days after notification, the director of 07 elections shall order an election in each region and area to determine whether the voters desire 08 borough incorporation or annexation in accordance with the boundary study. The elections 09 shall be held before December 1, 1996. 10 (b) The director of elections shall supervise each election in the general manner 11 prescribed by the Alaska Election Code (AS 15). The state shall pay all election costs. 12 (c) The director of elections shall certify the election results. If an annexation is 13 approved, the annexation is effective when the election results are certified. If a borough 14 incorporation is approved, incorporation is effective in accordance with sec. 8 of this Act. 15 (d) If an annexation is disapproved, the local boundary commission may submit the 16 proposal for annexation to the legislature under AS 44.47.567 - 44.47.583. If a borough 17 incorporation is disapproved, the commission may submit the proposal for incorporation to the 18 legislature during the first 10 days of the First Regular Session of the Twentieth Alaska State 19 Legislature. A proposal for borough incorporation may be disapproved by a concurrent 20 resolution adopted by a majority of the members of each house within 45 days after the 21 proposal is submitted to the legislature. If it is not disapproved, borough incorporation 22 becomes effective in accordance with sec. 8 of this Act. 23 * Sec. 5. PROVISIONAL HOME RULE CHARTER. (a) By March 1, 1997, the 24 Department of Community and Regional Affairs shall prepare a provisional home rule charter 25 for the boroughs to be incorporated under this Act. The charter must provide that each new 26 borough exercise only those powers a home rule borough must exercise by law. 27 (b) The voters of a region scheduled for incorporation under sec. 4(c) or (d) of this 28 Act may petition the department for an amendment to the provisional charter for that new 29 borough. If the department determines that at least 15 percent of the number of voters who 30 voted in the last general election in the region have signed the petition, the department shall 31 submit the proposed amendment to the director of elections.
01 * Sec. 6. CHARTER COMMISSION. (a) If a borough incorporation is approved under 02 sec. 4(c) of this Act, the director of elections shall schedule a charter commission election in 03 the region to be held by March 1, 1997. Any person who has been qualified to vote in the 04 region for at least one year immediately preceding the date set for the charter commission 05 election may become a charter commission candidate by notifying the director of elections. 06 The notification must be received by the director at least 30 days before the election date. If 07 at least seven candidates have not notified the director by the deadline, no charter commission 08 election may be held. If an election is held, the seven candidates receiving the highest number 09 of votes immediately organize as a charter commission. 10 (b) The Department of Community and Regional Affairs shall provide staff and 11 administrative assistance to each charter commission organized under this section. Charter 12 commission members serve without compensation, but are entitled to per diem and travel 13 expenses authorized for boards and commissions under AS 39.20.180. 14 (c) The charter commission shall prepare a proposed home rule charter. The charter 15 must be signed by a majority of the commission members and filed with the director of 16 elections. The commission shall hold at least one public hearing on the charter before signing 17 and filing it. The director of elections shall submit the proposed charter to the voters at an 18 election held before the first Tuesday in October 1997. If the charter is approved, it becomes 19 effective on the first Monday following certification of the election of initial borough officials. 20 (d) If no charter is prepared and approved by the voters under this section, the 21 provisional charter prepared under sec. 5 of this Act, together with any proposed amendments 22 adopted at the election of initial officials, operates as the charter for the new borough. 23 * Sec. 7. ELECTION OF INITIAL OFFICIALS. On or before the first Tuesday in 24 October 1997, the director of elections shall hold an election of initial borough officials under 25 AS 29.05.120 in each borough scheduled for incorporation under this Act. Unless a borough 26 has already adopted a charter under sec. 6 of this Act, any proposed amendments to the 27 provisional charter of the borough received by the director under sec. 5(b) of this Act shall 28 be submitted to the voters at the election of initial borough officials. 29 * Sec. 8. INCORPORATION OF NEW BOROUGHS. (a) A region is incorporated as a 30 home rule borough on the first Monday following certification of the election held under 31 sec. 7 of this Act. The home rule charter adopted under sec. 6 of this Act or the provisional
01 home rule charter prepared by the Department of Community and Regional Affairs under 02 sec. 5 of this Act, together with any charter amendments approved by the voters, operates as 03 the charter for the new borough. 04 (b) AS 29.05.140 and 29.05.190 - 29.05.210 apply to boroughs incorporated under this 05 section. 06 * Sec. 9. This Act takes effect immediately under AS 01.10.070(c).