3 AAC 110.360. Best interests standard for a proposed first class city in the unorganized borough

(a) In determining whether reclassification of a second class city to a first class city in the unorganized borough is in the best interests of the state under AS 29.04.040 (a), the commission may consider relevant factors, including

(1) the reasonably anticipated fiscal impact to the state from the imposition of local contributions to the city school district under AS 14.17.410 , changes in the district cost factors under AS 14.17.460 , changes in funding under 20 U.S.C. 7703, and other effects;

(2) the reasonably anticipated impacts on education resulting from the creation of a new city school district;

(3) whether the requirements of AS 14.12.025 (new school districts) have been met;

(4) the need for the city to have greater authority to levy a property tax in order to provide essential city services;

(5) the need for mandatory planning, platting, and land use regulation within the boundaries of the city;

(6) the need for the city to exercise the power of eminent domain; and

(7) the likelihood that reclassification will diminish incentives or opportunities to form an organized borough.

(b) In considering the factors in (a)(1) - (a)(3) of this section, the commission will consult with the commissioner of education and early development and the superintendent, school board, and advisory school boards established under AS 14.08.115 of the regional educational attendance area in which the city is located.

(c) The commission may make a determination that reclassification is in the state's best interest, subject to legislative review in the manner provided by art. X, sec. 12, Constitution of the State of Alaska. In those circumstances, legislative review of a reclassification proposal does not eliminate the requirement for voter approval of a reclassification proposal under AS 29.04.040 .

History: Eff. 11/27/96, Register 140; am 5/19/2002, Register 162

Authority: Art. X, sec. 12,

Ak Const.

AS 29.04.040

AS 44.33.812

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