Enrolled HB 133: Relating to incorporation of boroughs, to annexation by local action, 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.
00Enrolled HB 133 01 Relating to incorporation of boroughs, to annexation by local action, and to regulations of the 02 Local Boundary Commission to provide standards and procedures for municipal 03 incorporation, reclassification, dissolution, and certain municipal boundary changes; and 04 providing for an effective date. 05 _______________ 06 * Section 1. AS 29.05.100(a) is amended to read: 07 (a) After providing public notice of each proposed amendment or 08 condition and an opportunity for public comment, the [THE] Local Boundary 09 Commission may amend the petition and may impose conditions on the incorporation. 10 If the commission determines that the incorporation, as amended or conditioned if 11 appropriate, meets applicable standards under the state constitution and commission 12 regulations, meets the standards for incorporation under AS 29.05.011 or 29.05.031, 13 and is in the best interests of the state, it may accept the petition. Otherwise it shall 14 reject the petition.
01 * Sec. 2. AS 29.05 is amended by adding a new section to read: 02 Sec. 29.05.115. Incorporation with legislative review. (a) If the Local 03 Boundary Commission submits a proposal for borough incorporation to the legislature 04 under art. X, sec. 12, Constitution of the State of Alaska, AS 29.05.060 - 29.05.110 do 05 not apply. However, before the proposal is submitted to the legislature, the Local 06 Boundary Commission shall hold at least two public hearings in the area proposed for 07 incorporation. 08 (b) This section may not be construed as granting authority to the Local 09 Boundary Commission to propose a borough incorporation under art. X, sec. 12, 10 Constitution of the State of Alaska. 11 * Sec. 3. AS 29.06.040(c) is amended to read: 12 (c) In addition to the regulations governing annexation by local action adopted 13 under AS 44.33.812, the Local Boundary Commission shall establish procedures for 14 annexation and detachment of territory by municipalities by local action. The 15 procedures established under this subsection must include a provision that 16 (1) a proposed annexation must be approved by a majority of votes 17 on the question cast by voters residing in the annexing municipality; 18 (2) a proposed annexation or [AND] detachment must be approved by 19 a majority of votes on the question cast by voters residing in the area proposed to be 20 annexed or detached; 21 (3) [(2)] municipally owned property adjoining the municipality may 22 be annexed by ordinance without voter approval; and 23 (4) [(3)] an area adjoining the municipality may be annexed by 24 ordinance without an election if all property owners and voters in the area petition the 25 governing body. 26 * Sec. 4. AS 44.33.812(a) is amended to read: 27 (a) The Local Boundary Commission shall 28 (1) make studies of local government boundary problems; 29 (2) adopt regulations providing standards and procedures for municipal 30 incorporation, annexation, detachment, merger, consolidation, reclassification, and 31 dissolution; the regulations providing standards and procedures are subject to
01 AS 29.04 - AS 29.10; 02 (3) consider a local government boundary change requested of it by the 03 legislature, the commissioner of commerce, community, and economic development, 04 or a political subdivision of the state; "boundary change" may not be construed to 05 include a borough incorporation; and 06 (4) develop standards and procedures for the extension of services and 07 ordinances of incorporated cities into contiguous areas for limited purposes upon 08 majority approval of the voters of the contiguous area to be annexed and prepare 09 transition schedules and prorated tax mill levies as well as standards for participation 10 by voters of these contiguous areas in the affairs of the incorporated cities furnishing 11 services. 12 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 13 read: 14 APPLICABILITY. A municipal incorporation, annexation, detachment, merger, 15 consolidation, reclassification, or dissolution proposal that has not taken effect on or before 16 the effective date of this Act and that has been initiated or considered under regulations that 17 do not meet the requirements of AS 44.33.812(a)(2), as amended in sec. 4 of this Act, or 18 under procedures that do not meet the requirements of AS 29.05.115, added by sec. 2 of this 19 Act, is void. The proposal may be initiated again under regulations that do meet the 20 requirements of AS 44.33.812(a)(2) or under procedures that do meet the requirements of 21 AS 29.05.115. 22 * Sec. 6. This Act takes effect immediately under AS 01.10.070(c).