CSSSHB 133(CRA): "An Act relating to incorporation of boroughs and to regulations of the Local Boundary Commission to provide standards and procedures for municipal incorporation, reclassification, dissolution, and certain municipal boundary changes; and providing for an effective date."
00 CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 133(CRA) 01 "An Act relating to incorporation of boroughs and to regulations of the Local Boundary 02 Commission to provide standards and procedures for municipal incorporation, 03 reclassification, dissolution, and certain municipal boundary changes; and providing for 04 an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 29.05.100(a) is amended to read: 07 (a) The Local Boundary Commission may not amend the petition or [AND 08 MAY] impose conditions on the incorporation. If the commission determines that the 09 incorporation [, AS AMENDED OR CONDITIONED IF APPROPRIATE,] meets 10 applicable standards under the state constitution and commission regulations, meets 11 the standards for incorporation under AS 29.05.011 or 29.05.031, and is in the best 12 interests of the state, it may accept the petition. Otherwise it shall reject the petition. 13 * Sec. 2. AS 29.05 is amended by adding a new section to read: 14 Sec. 29.05.115. Incorporation with legislative review. (a) If the Local
01 Boundary Commission submits a proposal for borough incorporation to the legislature 02 under art. X, sec. 12, Constitution of the State of Alaska, AS 29.05.060 - 29.05.110 do 03 not apply. However, before the proposal is submitted to the legislature, the Local 04 Boundary Commission shall hold at least two public hearings in the area proposed for 05 incorporation and shall notify the director of elections of the incorporation proposal. 06 Within 30 days after notification, the director of elections shall order an election in the 07 proposed borough area to determine whether the voters desire incorporation. Only if 08 the voters approve the incorporation may the Local Boundary Commission submit the 09 proposal to the legislature. 10 (b) This section may not be construed as granting authority to the Local 11 Boundary Commission to propose a borough incorporation under art. X, sec. 12, 12 Constitution of the State of Alaska. 13 * Sec. 3. AS 44.33.812(a) is amended to read: 14 (a) The Local Boundary Commission shall 15 (1) make studies of local government boundary problems; 16 (2) adopt regulations providing standards and procedures for municipal 17 incorporation, annexation, detachment, merger, consolidation, reclassification, and 18 dissolution; the regulations providing standards and procedures are subject to 19 AS 29.04 - AS 29.10; 20 (3) consider a local government boundary change requested of it by the 21 legislature, the commissioner of commerce, community, and economic development, 22 or a political subdivision of the state; and 23 (4) develop standards and procedures for the extension of services and 24 ordinances of incorporated cities into contiguous areas for limited purposes upon 25 majority approval of the voters of the contiguous area to be annexed and prepare 26 transition schedules and prorated tax mill levies as well as standards for participation 27 by voters of these contiguous areas in the affairs of the incorporated cities furnishing 28 services. 29 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 30 read: 31 APPLICABILITY. A municipal incorporation, annexation, detachment, merger,
01 consolidation, reclassification, or dissolution proposal that has not taken effect on or before 02 the effective date of this Act and that has been initiated or considered under regulations that 03 do not meet the requirements of AS 44.33.812(a)(2), as amended in sec. 3 of this Act, or 04 under procedures that do not meet the requirements of AS 29.05.115, added by sec. 2 of this 05 Act, is void. The proposal may be initiated again under regulations that do meet the 06 requirements of AS 44.33.812(a)(2) or under procedures that do meet the requirements of 07 AS 29.05.115. 08 * Sec. 5. This Act takes effect immediately under AS 01.10.070(c).