SB 323: "An Act relating to the mandatory incorporation of certain boroughs in the unorganized borough; and providing for an effective date."
00 SENATE BILL NO. 323 01 "An Act relating to the mandatory incorporation of certain boroughs in the unorganized 02 borough; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 05 to read: 06 LEGISLATIVE INTENT. The legislature intends to carry out the purpose expressed 07 in art. X, sec. 1, Constitution of the State of Alaska, and provide for maximum local self- 08 government with a minimum number of local government units and tax levying jurisdictions. 09 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to 10 read: 11 REGIONS INCORPORATED. If a borough is not incorporated under AS 29.05.060 - 12 29.05.120 within the region by January 1, 2005, each of the following regions described in the 13 report entitled "Model Borough Boundaries" revised in 1997 by the Local Boundary 14 Commission shall be incorporated as a second class borough under this Act:
01 (1) Copper River Basin Region; 02 (2) Glacier Bay Region; 03 (3) Prince of Wales Island Region; 04 (4) Prince William Sound Region; 05 (5) Upper Tanana Basin Region; and 06 (6) Wrangell/Petersburg Region. 07 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 08 read: 09 BOROUGH INCORPORATION PROPOSALS. By July 1, 2003, the Department of 10 Community and Economic Development shall prepare a second class borough incorporation 11 proposal for each of the regions identified in sec. 2 of this Act. During the process of 12 preparing the incorporation proposal for a region, the department shall hold public hearings in 13 the region and consider recommendations regarding the proposal. A proposal must include 14 the following information: 15 (1) name of the proposed borough; 16 (2) boundaries; 17 (3) maps, documents, and other information considered by the department to 18 be necessary; 19 (4) composition and apportionment of the assembly; 20 (5) a proposed operating budget for the proposed borough projecting sources 21 of income and items of expenditure through the first full fiscal year of operation; 22 (6) a designation of areawide and nonareawide powers to be exercised. 23 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 24 read: 25 ELECTIONS. By August 1, 2004, the director of elections shall order an election in 26 each of the regions listed in sec. 2 of this Act for initial borough officials. The election order 27 must specify the dates during which nomination petitions for election of initial officials may 28 be filed. The election shall be held on or before January 1, 2005. AS 29.05.120 applies to 29 elections held under this section. 30 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 31 read:
01 INCORPORATION OF NEW BOROUGHS. A region is incorporated in accordance 02 with the incorporation proposal prepared under sec. 3 of this Act on the first Monday 03 following certification of the election held under sec. 4 of this Act. AS 29.05.130 - 29.05.150 04 and 29.05.190 - 29.05.210 apply to boroughs incorporated under this section. 05 * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 06 read: 07 BOUNDARY ADJUSTMENTS. The Local Boundary Commission shall hold public 08 hearings in each borough incorporated under this Act to determine the necessity of boundary 09 adjustments. The Local Boundary Commission may submit any boundary change it 10 recommends to the legislature under art. X, sec. 12, Constitution of the State of Alaska. 11 * Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to 12 read: 13 CONDITIONAL EFFECT. This Act takes effect only if a version of SB 48, Twenty- 14 Second Alaska State Legislature, is not enacted into law on or before July 31, 2002. 15 * Sec. 8. If this Act takes effect under sec. 7 of this Act, it takes effect on August 1, 2002.