"Looking at the existing law it was clear the Local Boundary Commission was using a mandated action under state law that was originally intended to apply only to boundary changes, not to create an entirely new borough. I wanted to make it clear the legislature does not support such a mandate for that expanded interpretation."
- Sen. Therriault
(JUNEAU) - Senate Bill 128 eliminates a statutory requirement that the Local Boundary Commission consider all requests for new boroughs made by government entities.
Sen. Gene Therriault (R - North Pole) sponsored the legislation after hearing the City Council of Whittier submitted a request to the Local Boundary Commission to form a new borough surrounding the community of Valdez and much of Prince William Sound.
"I heard from an overwhelming number of people who felt they were being forced to accept a government sponsored borough with little or no input. Looking at the existing law it was clear the Local Boundary Commission was using a mandated action under state law that was originally intended to apply only to boundary changes, not to create an entirely new borough. I wanted to make it clear the legislature does not support such a mandate for that expanded interpretation." said Sen. Therriault.
It is still unclear whether the Local Boundary Commission, under its constitutional discretion, will continue to move forward with the current Whittier and Cordova proposals.
Sen. Therriault points out there are limitations to what the legislature can do with the issue. "The courts many have to ultimately decide whether the phrase 'boundary change' in the state constitution can be construed to mean creation of completely new boroughs. Until then, I wanted at least to make it clear that the legislature is not requiring the LBC to move in that direction."
Senate Bill 128 now goes to Governor Frank Murkowski for his signature.
The Official Web Site of the House and Senate Legislative Majorities for the Alaska State Legislature
To Report Technical Problems or Contact Webmasters