reglab/statecodes huggingface dataset:
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 35. Municipal Powers and Duties › Article 1. General Powers. › Sec. 29.35.110. Expenditure of borough revenues.

(a) Borough revenues received through taxes collected on an areawide basis by the borough may be expended on general administrative costs and on areawide functions only. Borough revenues received through taxes collected on a nonareawide basis may be expended on general administrative costs and functions that render service only to the area outside all cities in the borough.
(b) Use of borough revenues from a sales tax levied upon room rentals for a tourism marketing campaign is not subject to (a) of this section.
(c) Notwithstanding (a) of this section, a borough that has entered into an agreement with a city located in the borough to cooperatively or jointly provide for economic development may use borough revenue from taxes or funding from other sources to carry out the terms of the agreement.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 35. Municipal Powers and Duties › Article 1. General Powers. › Sec. 29.35.120. Annual audit.

(a) The governing body shall provide for an annual independent audit of the accounts and financial transactions of the municipality or, in the case of a second class city, an audit or statement of annual income and expenditures. To make the audit the governing body shall designate a public accountant who has no personal interest, direct or indirect, in the fiscal affairs of the municipality. Copies of the audit shall be available to the public upon request.
(b) This section applies to home rule and general law municipalities.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 35. Municipal Powers and Duties › Article 1. General Powers. › Sec. 29.35.125. Fees for police protection services.

(a) A municipality may by ordinance impose a fee on the owner of residential property, including multi-family housing, if a member of the municipal police department goes to the property an excessive number of times during a calendar year in response to a call for assistance, a complaint, an emergency, or a potential emergency. The number of responses considered to be excessive and the amount of the fee shall be set out in the ordinance that establishes the fee. The fee may not exceed the actual cost to the municipality for the excessive responses. A fee may not be imposed under this subsection for responses to calls that involve potential child neglect, potential domestic violence, as defined in AS 18.66.990, or potential stalking under AS 11.41.260 or 11.41.270.
(b) An ordinance enacted under this section shall require actual notice to the property owner of police contacts and a warning that failure to take appropriate corrective action may result in the imposition of a fee. The ordinance must also define “appropriate corrective action” to include written notice to quit under AS 09.45.100 - 09.45.110 in appropriate situations as well as other types of corrective action, and provide that the property owner is not liable for the fee if that action is promptly taken.
(c) A municipality may provide that a fee imposed under (a) of this section is a lien on the property to which the municipal police have been called an excessive number of times and may provide for the recording and notice of the lien. When recorded, a lien under this subsection has priority over all other liens except
(1) liens for property taxes, special assessments, and sales and use taxes;
(2) liens that were perfected before the recording of the lien under this subsection; and
(3) mechanics' and materialmen's liens for which claims of lien under AS 34.35.070 or notices of right to lien under AS 34.35.064 have been recorded before the recording of the lien under this subsection.
(d) This section applies to home rule and general law municipalities.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 35. Municipal Powers and Duties › Article 1. General Powers. › Sec. 29.35.130. Emergency services communications centers.

(a) A municipality may establish an emergency services communications center with one or more other municipalities and one or more state, federal, or private agencies that provide emergency service communications to the same geographic area. An emergency services communications center established under this section may be organized and operated as a public nonprofit corporation under AS 10.20.
(b) An emergency services communications center under this section may be governed by a board of directors. A member of a board of directors of an emergency services communications center serves without compensation but is entitled to per diem and travel expenses. If an emergency services communications center is organized as a nonprofit corporation, a member of its board of directors may not be employed by the nonprofit corporation.
(c) An emergency services communications center may assess the feasibility and desirability of providing emergency services communications for the geographic area in which it is located through one central office. An emergency services communications center may
(1) combine or coordinate the existing emergency services communications programs of the participating municipalities and agencies;
(2) operate a dispatch center to receive all requests for emergency services and dispatch those services;
(3) study the need for improvement in the timely delivery of emergency services to residents of the participating municipalities;
(4) hold public hearings to obtain information concerning the timely delivery of emergency services;
(5) apply for and accept federal, state, municipal, and private money, property, or assistance for use in providing the timely delivery of emergency services;
(6) enter into contracts to carry out the provisions of this section;
(7) employ personnel necessary to carry out the provisions of this section.
(d) In this section,
(1) “emergency services” means services provided by law enforcement agencies, fire departments, ambulance services, and other organizations that are intended to respond to emergency situations of imminent danger to life or property;
(2) “state agency” means a department, division, or office in the executive branch of state government.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 35. Municipal Powers and Duties › Article 1. General Powers. › Sec. 29.35.133. Immunity for 911 systems.

(a) The establishment, funding, use, operation, or maintenance of enhanced 911 systems and all activities associated with those actions are specifically found to be within the ambit of AS 09.50.250(1) and AS 09.65.070(d)(6). Except for intentional acts of misconduct or gross negligence, a service supplier, local exchange telephone company, or wireless telephone company and their employees and agents are also immune from tort liability that might otherwise be incurred in the course of installing, training, maintaining, or providing enhanced 911 systems or transmitting or receiving calls on the system.
(b) An individual, telephone company, or employee of a telephone company who operates or maintains an emergency 911 service is not liable for civil damages in a tort action as a result of an act, omission, failure of service, or incorrect information done or given in good faith.
(c) In this section, “service supplier” means a person that provides or offers to provide telecommunications equipment or services necessary for the establishment, maintenance, or operation of an enhanced 911 system.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 35. Municipal Powers and Duties › Article 1. General Powers. › Sec. 29.35.135. Waiver of privacy by local exchange telephone company subscribers.

Local exchange telephone company subscribers waive the privacy afforded by unlisted or unpublished telephone numbers to the extent that the name and address associated with the telephone number may be furnished to the enhanced 911 system for call routing or for automatic retrieval of location information in response to a call initiated to the system.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 35. Municipal Powers and Duties › Article 1. General Powers. › Sec. 29.35.140. Regulation of transportation carriers.

A municipality may not regulate an activity regarding transportation of passengers or freight for hire if the regulation conflicts with the regulation of that activity by the Alaska Transportation Commission as the regulation existed on April 1, 1983, under former AS 02.05, former AS 42.07, or former AS 42.10.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 35. Municipal Powers and Duties › Article 1. General Powers. › Sec. 29.35.141. Regulation of radio antennas.

(a) A municipality that regulates the placement, screening, or height of radio antennas must reasonably accommodate amateur radio antennas. A municipality may require reasonable and customary engineering practices to be followed in the erection of amateur radio antennas. A municipality may impose only the minimum requirements relating to amateur radio antennas that are necessary to accomplish the legitimate purposes intended to be served by the requirements.
(b) A municipality may not restrict the number of support structures for an amateur radio antenna. Based on the most recently published United States census, a municipal restriction on amateur radio antenna height may not be lower than
(1) 200 feet above ground level as permitted by the Federal Communications Commission in an area with a population density of 120 or less per square mile;
(2) 75 feet above ground level in an area with a population density of more than 120 per square mile for an antenna on a lot that is smaller than one acre; or
(3) 140 feet above ground level in an area with a population density of more than 120 per square mile for an antenna on a lot that is one acre or larger.
(c) Subject to (a) and (b) of this section, a municipality may, by ordinance, impose requirements to meet clearly defined objectives relating to screening, placement, aesthetic, and health and safety factors with respect to the erection, maintenance, and operation of amateur radio antennas.
(d) An ordinance regulating or restricting radio antennas adopted under this section may not apply to a radio antenna that was erected before July 26, 2001.
(e) This section applies to home rule and general law municipalities.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 35. Municipal Powers and Duties › Article 1. General Powers. › Sec. 29.35.144. Sprinkler systems in certain residential buildings.

(a) Except as provided by (b) of this section, a municipality may not require a sprinkler fire protection system to be included in the construction of all new single-family residential buildings or in the construction of all new residential buildings with not more than two dwelling units.
(b) A municipality may, by ordinance, require a sprinkler fire protection system to be included in the construction of all new single-family residential buildings, in the construction of all new residential buildings with not more than two dwelling units, or in both types of buildings. Before adopting an ordinance to implement this subsection, or before amending an ordinance to extend its coverage to residential buildings described in this subsection, in addition to complying with the other requirements relating to the adoption of an ordinance, the governing body of the municipality shall
(1) notwithstanding the publication requirement in AS 29.25.020(b)(3) or a comparable notice publication requirement of a home rule municipality, at least 30 days before the first scheduled public hearing for the ordinance, publish
(A) a summary of the ordinance or ordinance amendment; and
(B) a notice of the time and place of each scheduled public hearing on the proposed ordinance or amendment; and
(2) notwithstanding the public hearing schedule requirement of AS 29.25.020(b)(6) or comparable public hearing scheduling requirement of a home rule municipality, schedule at least three public hearings on the proposed ordinance or ordinance amendment to be held within a period of not less than 60 days and not more than 180 days.
(c) This section applies to home rule and general law municipalities.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 35. Municipal Powers and Duties › Article 1. General Powers. › Sec. 29.35.145. Regulation of firearms and knives.

(a) The authority to regulate firearms and knives is reserved to the state, and, except as specifically provided by statute, a municipality may not enact or enforce an ordinance regulating the possession, ownership, sale, transfer, use, carrying, transportation, licensing, taxation, or registration of firearms or knives.
(b) Municipalities may enact and enforce ordinances
(1) that are identical to state law and that have the same penalty as provided for by state law;
(2) restricting the discharge of firearms in any portion of their respective jurisdictions where there is a reasonable likelihood that people, domestic animals, or property will be jeopardized; ordinances enacted or enforced under this paragraph may not abridge the right of the individual guaranteed by art. I, sec. 19, Constitution of the State of Alaska, to bear arms in defense of self or others;
(3) restricting the areas in their respective jurisdictions in which firearms or knives may be sold; a business selling firearms or knives may not be treated more restrictively than other businesses located within the same zone; and
(4) prohibiting the possession of firearms or knives in the restricted access area of municipal government buildings; the municipal assembly shall post notice of the prohibition against possession of firearms or knives at each entrance to the restricted access area.
(c) The prohibition on taxation in (a) of this section does not include imposition of a sales tax that is levied on all products sold within a municipality.
(d) This section applies to home rule and general law municipalities.
(e) In this section,
(1) “firearms” includes firearms, or any other element relating to firearms or parts thereof including ammunition and reloading components;
(2) “restricted access area” means the area beyond a secure point where visitors are screened and does not include common areas of ingress and egress open to the general public.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 35. Municipal Powers and Duties › Article 1. General Powers. › Sec. 29.35.146. Regulation of unmanned aircraft systems.

(a) A municipality may not adopt an ordinance that permits the release of images captured by an unmanned aircraft system in a manner inconsistent with AS 18.65.903.
(b) In this section, “unmanned aircraft system” has the meaning given in AS 18.65.909.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 35. Municipal Powers and Duties › Article 1. General Powers. › Sec. 29.35.147. Licensing of massage therapists.

(a) The authority to license massage therapists is reserved to the state, and, except as specifically provided by statute, a municipality may not enact or enforce an ordinance requiring professional licensure of massage therapists.
(b) This section applies to home rule and general law municipalities.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 35. Municipal Powers and Duties › Article 1. General Powers. › Sec. 29.35.148. Regulation of transportation network companies or drivers.

(a) The authority to regulate transportation network companies and transportation network company drivers is reserved to the state, and, except as specifically provided by statute, a municipality may not enact or enforce an ordinance regulating transportation network companies or transportation network company drivers.
(b) The prohibition on regulation under (a) of this section does not include
(1) imposition of a municipal sales tax on a transportation network company driver that taxes a trip originating in the municipality in the same manner that other services are taxed in the municipality; in imposing a sales tax as permitted by this paragraph, a municipality may require the transportation network company to collect and pay the municipal sales tax on behalf of transportation network company drivers;
(2) a municipal traffic ordinance.
(c) Notwithstanding AS 28.01.010 or (a) of this section, a municipality may by ordinance ratified by the voters in a regular municipal election prohibit transportation network companies from conducting activities under AS 28.23 within the municipality.
(d) This section applies to home rule and general law municipalities.
(e) In this section,
(1) “transportation network company” has the meaning given in AS 28.23.180;
(2) “transportation network company driver” has the meaning given in AS 28.23.180.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 35. Municipal Powers and Duties › Article 1. General Powers. › Sec. 29.35.149. Regulation of dextromethorphan.

(a) The authority to regulate dextromethorphan is reserved to the state, and, except as specifically provided by statute, a municipality may not enact or enforce an ordinance regulating the possession or sale of dextromethorphan.
(b) This section applies to home rule and general law municipalities.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 35. Municipal Powers and Duties › Article 2. Mandatory Areawide Powers. › Sec. 29.35.160. Education.

(a) Each borough constitutes a borough school district and establishes, maintains, and operates a system of public schools on an areawide basis as provided in AS 14.14.060. A military reservation in a borough is not part of the borough school district until the military mission is terminated or until inclusion in the borough school district is approved by the Department of Education and Early Development. However, operation of the military reservation schools by the borough school district may be required by the Department of Education and Early Development under AS 14.14.110. If the military mission of a military reservation terminates or continued management and control by a regional educational attendance area is disapproved by the Department of Education and Early Development, operation, management, and control of schools on the military reservation transfers to the borough school district in which the military reservation is located.
(b) This section applies to home rule and general law municipalities.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 35. Municipal Powers and Duties › Article 2. Mandatory Areawide Powers. › Sec. 29.35.170. Assessment and collection of taxes.

(a) A borough shall assess and collect property, sales, and use taxes that are levied in its boundaries, subject to AS 29.45.
(b) Taxes levied by a city shall be collected by a borough and returned in full to the levying city. This subsection applies to home rule and general law municipalities.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 35. Municipal Powers and Duties › Article 2. Mandatory Areawide Powers. › Sec. 29.35.180. Land use regulation.

(a) A first or second class borough shall provide for planning, platting, and land use regulation in accordance with AS 29.40.
(b) A home rule borough shall provide for planning, platting, and land use regulation.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 35. Municipal Powers and Duties › Article 3. Additional Powers. › Sec. 29.35.200. First class borough powers.

(a) A first class borough may exercise by ordinance on a nonareawide basis any power not otherwise prohibited by law.
(b) A first class borough may by ordinance exercise the following powers on an areawide basis:
(1) provide transportation systems;
(2) provide water pollution control;
(3) provide air pollution control in accordance with AS 46.14.400;
(4) license day care facilities;
(5) license, impound, and dispose of animals;
(6) establish an energy and resilience improvement assessment program under AS 29.55.100 - 29.55.165.
(c) In addition to powers conferred by (b) of this section, a first class borough may, on an areawide basis, exercise a power not otherwise prohibited by law if the power has been acquired in accordance with AS 29.35.300.
(d) A first class borough that exercises power necessary to contain, clean up, or prevent a release or threatened release of oil or a hazardous substance, and exercises a power granted to a municipality under AS 46.04, AS 46.08, or AS 46.09 shall exercise its authority in a manner that is consistent with a regional master plan prepared by the Department of Environmental Conservation under AS 46.04.210.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 35. Municipal Powers and Duties › Article 3. Additional Powers. › Sec. 29.35.210. Second class borough powers.

(a) A second class borough may by ordinance exercise the following powers on a nonareawide basis:
(1) provide transportation systems;
(2) regulate the offering for sale, exposure for sale, sale, use, or explosion of fireworks;
(3) license, impound, and dispose of animals;
(4) subject to AS 29.35.050, provide garbage, solid waste, and septic waste collection and disposal;
(5) provide air pollution control under AS 46.14.400;
(6) provide water pollution control;
(7) participate in federal or state loan programs for housing rehabilitation and improvement for energy conservation;
(8) provide for economic development;
(9) provide for the acquisition and construction of local service roads and trails under AS 19.30.111 - 19.30.251;
(10) establish an emergency services communications center under AS 29.35.130;
(11) subject to AS 28.01.010, regulate the licensing and operation of motor vehicles and operators;
(12) engage in activities authorized under AS 29.47.460;
(13) contain, clean up, or prevent a release or threatened release of oil or a hazardous substance, and exercise a power granted to a municipality under AS 46.04, AS 46.08, or AS 46.09; the borough shall exercise its authority under this paragraph in a manner that is consistent with a regional master plan prepared by the Department of Environmental Conservation under AS 46.04.210;
(14) establish an energy and resilience improvement assessment program under AS 29.55.100 - 29.55.165.
(b) A second class borough may by ordinance exercise the following powers on an areawide basis:
(1) provide transportation systems;
(2) license, impound, and dispose of animals;
(3) provide air pollution control under AS 46.14.400;
(4) provide water pollution control;
(5) license day care facilities;
(6) establish an energy and resilience improvement assessment program under AS 29.55.100 - 29.55.165.
(c) In addition to powers conferred by (a) of this section, a second class borough may, on a nonareawide basis, exercise a power not otherwise prohibited by law if the exercise of the power has been approved at an election by a majority of voters living in the borough but outside all cities in the borough.
(d) In addition to powers conferred by (b) of this section, a second class borough may, on an areawide basis, exercise a power not otherwise prohibited by law if the power has been acquired in accordance with AS 29.35.300.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 35. Municipal Powers and Duties › Article 3. Additional Powers. › Sec. 29.35.220. Third class borough powers.

(a) A third class borough may borrow money and issue negotiable or nonnegotiable bonds or other evidences of indebtedness as provided by AS 29.47.
(b) Areawide exercise of a power by a third class borough other than education and tax assessment and collection is not authorized.
(c) A third class borough may acquire the power to provide for planning, platting, and land use regulation as provided in AS 29.40 for first and second class boroughs, except the power may only be exercised within a service area.
(d) A third class borough may acquire any power not otherwise prohibited by law, except the power may only be exercised within a service area.
(e) A third class borough may by ordinance exercise power necessary to contain, clean up, or prevent a release or threatened release of oil or a hazardous substance, and exercise a power granted to a municipality under AS 46.04, AS 46.08, or AS 46.09, but the power authorized by this subsection may be exercised only on a nonareawide basis. The borough shall exercise its authority under this subsection in a manner that is consistent with a regional master plan prepared by the Department of Environmental Conservation under AS 46.04.210.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 35. Municipal Powers and Duties › Article 4. City Powers. › Sec. 29.35.250. Cities inside boroughs.

(a) A city inside a borough may exercise any power not otherwise prohibited by law.
(b) On adoption of a borough ordinance to provide for areawide exercise of a power, no city may exercise the power unless the borough ordinance provides otherwise or the borough by ordinance ceases to exercise the power.
(c) A home rule city in a third class borough shall provide for planning, platting, and land use regulation as provided by AS 29.35.180(b) for home rule boroughs. A first class city in a third class borough shall provide for planning, platting, and land use regulation as provided by AS 29.35.180(a) for first and second class boroughs. A second class city in a third class borough may provide for planning, platting, and land use regulation as provided by AS 29.35.180(a) for first and second class boroughs.
(d) This section applies to home rule and general law cities.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 35. Municipal Powers and Duties › Article 4. City Powers. › Sec. 29.35.260. Cities outside boroughs.

(a) A city outside a borough may exercise a power not otherwise prohibited by law. A provision that is incorporated by reference to laws governing boroughs applies to home rule cities outside boroughs only if the provision is made applicable to home rule boroughs.
(b) A home rule or first class city outside a borough is a city school district and shall establish, operate, and maintain a system of public schools as provided by AS 29.35.160 for boroughs. A second class city outside a borough is not a school district and may not establish a system of public schools.
(c) A home rule city outside a borough shall provide for planning, platting, and land use regulation as provided by AS 29.35.180(b) for home rule boroughs. A first class city outside a borough shall, and a second class city outside a borough may, provide for planning, platting, and land use regulation as provided by AS 29.35.180(a) for first and second class boroughs.
(d) This section applies to home rule and general law cities.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 35. Municipal Powers and Duties › Article 5. Acquisition of Additional Powers. › Sec. 29.35.300. Additional powers.

(a) A first class borough acquires an additional areawide power by transfer of the power by a city or by holding an areawide election on the question.
(b) A second class borough acquires an additional power by transfer of the power by a city or by holding an election on the question. For acquisition of an areawide power, the election shall be held areawide. For acquisition of a nonareawide power, the election shall be held nonareawide.
(c) A third class borough acquires an additional power to exercise in a service area by forming a service area in accordance with AS 29.35.490(b) or (c).
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 35. Municipal Powers and Duties › Article 5. Acquisition of Additional Powers. › Sec. 29.35.310. Transfer by city.

(a) A city in a first or second class borough may transfer to the borough in which it is located any of its powers or functions, subject to the approval of the assembly.
(b) A first or second class borough shall exercise all powers transferred to it by a city.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 35. Municipal Powers and Duties › Article 5. Acquisition of Additional Powers. › Sec. 29.35.320. Initiation of acquisition of power.

(a) An election on the question of adding an areawide power in a first class borough or of adding an areawide or nonareawide power in a second class borough may be initiated in two ways:
(1) a number of voters equal to 15 percent of the number of votes cast at the preceding regular election in the area, either areawide or nonareawide, in which the election is to be held may file a petition with the borough clerk; or
(2) the assembly may propose the acquisition of the power.
(b) An election on the question of adding a power in a third class borough for exercise in a service area may be initiated in two ways:
(1) a number of voters equal to 15 percent of the number of votes cast at the preceding regular election in a proposed service area in which the power is sought to be exercised may file a petition with the assembly; or
(2) the assembly may propose the acquisition of the power.
(c) The borough clerk shall certify whether a petition filed under (a) or (b) of this section contains the required number of signatures.
(d) Within 30 days after a petition is certified as containing the required number of signatures or the assembly proposes the acquisition of a power, at least one public hearing shall be held in the borough on the question. The assembly shall then evaluate the ability of the borough to exercise the power and make its findings public. Within 60 days after its findings have been made public, the assembly shall order an election on the question.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 35. Municipal Powers and Duties › Article 5. Acquisition of Additional Powers. › Sec. 29.35.330. Election.

(a) If more than one power is proposed for acquisition under AS 29.35.320, each shall appear separately on the ballot.
(b) If a power is proposed for exercise by a third class borough in a service area, only voters residing in the proposed service area may vote.
(c) A vote on the question of adding an areawide power in a first or second class borough shall be tabulated in two separate classifications. One shall consist of all votes cast in all cities located in the borough. The other shall consist of all votes cast in the borough area outside all cities. If the majority of the votes cast in each classification is favorable, the borough shall assume the added power within 30 days after certification of the election results.
(d) If a majority of the votes cast on the question of adding a nonareawide power in a second class borough or a power to be exercised in a service area in a third class borough is favorable, the borough shall assume the added power within 30 days after certification of the election results.
(e) The borough mayor shall certify the election results to the department.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 35. Municipal Powers and Duties › Article 5. Acquisition of Additional Powers. › Sec. 29.35.340. Effect of acquiring an areawide power.

(a) On acquisition of an areawide power the first or second class borough succeeds to all of the rights, powers, and duties of any city or service area with respect to that power. The borough succeeds to claims, franchises, and other contractual obligations, liability for bonded and all other indebtedness, and to all of the right, title, and interest in the real and personal property held by a city or service area for the exercise of the power.
(b) The assembly may levy and collect special charges, taxes, or assessments including interest for the purpose of amortizing bonded indebtedness previously incurred by a city or service area for exercising an areawide power acquired by the borough. When a city or service area had previously incurred bonded indebtedness, all property that was in the city or service area at the time the bonds were issued remains subject to taxation to pay the principal of and interest on the bonds.
(c) On acquisition of an additional areawide power the first or second class borough, in consultation with the city or service area personnel, shall arrange for an orderly and equitable transfer of rights, assets, liabilities, powers, duties, and other matters related to acquisition of the areawide powers.
(d) This section applies to home rule and general law cities.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 35. Municipal Powers and Duties › Article 7. Service Areas. › Sec. 29.35.470. Financing.

(a) The assembly may levy or authorize the levying of taxes, charges, or assessments in a service area to finance the special services. If the assembly authorizes the levying of taxes, charges, or assessments, the rate of taxation and the issuance of bonds are subject to assembly approval.
(b) The assembly may by ordinance establish, alter, and abolish differential tax zones within a service area to provide and levy property taxes for a different level of services than that provided generally in the service area. Taxes levied within a differential tax zone that exceed the amount that would have otherwise been levied may only be used for the services provided in that zone.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 35. Municipal Powers and Duties › Article 7. Service Areas. › Sec. 29.35.480. Service areas in first class boroughs.

In a first class borough, the assembly may exercise in a service area any power granted a first class city by law. The assembly may exercise in a service area any nonareawide power that may be exercised by a first class borough.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 35. Municipal Powers and Duties › Article 7. Service Areas. › Sec. 29.35.490. Service areas in second and third class boroughs.

(a) A second class borough may exercise in a service area any power granted a first class city by law or a nonareawide power that may be exercised by a first class borough if
(1) the exercise of the power is approved by a majority of the voters residing in the service area; or
(2) all owners of real property in the service area consent in writing to the exercise of the power if no voters reside in the service area.
(b) If the exercise of the power is approved by a majority of the voters residing in the service area, a third class borough may exercise in a service area any power not otherwise prohibited by law.
(c) A second or third class borough may establish a service area that includes only vacant, unappropriated, and unreserved land owned by the borough. A second or third class borough may establish a service area, with the concurrence of the commissioner of natural resources, that includes only vacant, unappropriated, and unreserved land owned by the state and classified for disposal to individuals. By ordinance a second or third class borough may provide the services in a service area established under this subsection necessary to develop state or municipal land as required by the planning, platting, and land use regulations of the borough.
(d) A second class borough may establish a service area for the provision of emergency services within a state highway corridor if no voters reside in the service area. A second class borough may provide emergency services in a service area established under this subsection by ordinance. Notwithstanding any other provision of law, a second class borough may not authorize or levy a property tax for the provision of emergency services in a service area established under this subsection. The boundaries of a service area established under this subsection may only include the highway corridor and publicly owned property adjacent to the highway corridor necessary to house emergency response equipment and personnel for the service area.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 35. Municipal Powers and Duties › Article 8. Hazardous Chemicals, Materials, and Wastes. › Sec. 29.35.530. Duties of municipalities; powers of other agencies.

(a) The municipality, at the request of a business or government agency required to submit an inventory under AS 29.35.500, shall provide
(1) a descriptive summary of the hazardous chemicals, hazardous materials, and hazardous wastes that are required to be included in an inventory; and
(2) inventory forms approved by the Alaska State Emergency Response Commission.
(b) [Repealed, § 15 ch 71 SLA 1997.]
(c) The division of fire prevention, the Department of Environmental Conservation, the Department of Health, or the Department of Labor and Workforce Development may
(1) request copies of inventories submitted under AS 29.35.500; and
(2) provide educational materials related to hazardous chemicals, hazardous materials, and hazardous wastes.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 35. Municipal Powers and Duties › Article 8. Hazardous Chemicals, Materials, and Wastes. › Sec. 29.35.540. Public access to information.

Information obtained by a municipality under AS 29.35.500, 29.35.510, and 29.35.530 shall be made readily available to the public for inspection and copying.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 35. Municipal Powers and Duties › Article 8. Hazardous Chemicals, Materials, and Wastes. › Sec. 29.35.560. Municipal liability.

The establishment by a municipality of a program for the reporting of hazardous chemicals, hazardous materials, and hazardous wastes does not increase the liability that may otherwise be imposed on the municipality for damages resulting from hazardous chemicals, hazardous materials, or hazardous waste.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 35. Municipal Powers and Duties › Article 9. Port Authorities. › Sec. 29.35.605. Establishment of port authorities.

(a) A port authority may be created by one of the following means:
(1) the governing body of a municipality may create by ordinance a port authority as a public corporation of the municipality;
(2) the governing bodies of two or more municipalities may create by parallel ordinances adopted by each of the governing bodies a port authority as a public corporation of the municipalities.
(b) One or more municipalities may join an authority established under (a)(1) or (2) of this section upon the adoption of parallel ordinances by the governing bodies of each affected municipality.
(c) A port authority created under this section is a body corporate and politic and an instrumentality of the municipality or municipalities creating it but having a separate and independent legal existence.
(d) Creation of a port authority under AS 29.35.600 - 29.35.730 is an exercise of a municipality's transportation system powers.
(e) The enabling ordinance by which a port authority is established must specify the powers, boundaries, and limitations of the port authority.
(f) An ordinance creating a port authority shall require approval by the voters of the municipality or municipalities participating in the authority in order for the authority to be established.
(g) Nothing in AS 29.35.600 - 29.35.725 prevents a municipality or municipalities from creating or participating in a public corporation, including a port authority, in any form or manner not prohibited by law. However, the provisions of AS 29.35.600 - 29.35.725 only apply to and may only be utilized by a port authority created under this section.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 35. Municipal Powers and Duties › Article 9. Port Authorities. › Sec. 29.35.610. Dissolution of a port authority.

(a) The enabling ordinance by which a port authority is created must provide for the manner by which a port authority may be dissolved.
(b) If an authority ceases to exist, its assets shall be distributed to the municipalities that participated in the authority in proportion to the difference between their contributions to the authority and any outstanding debt or obligation of that municipality to the authority, provided that any obligation to bondholders then outstanding shall first be satisfied in full.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 35. Municipal Powers and Duties › Article 9. Port Authorities. › Sec. 29.35.615. Municipal property.

(a) A municipality may transfer and otherwise convey or lease real property, and any improvements to it, to an authority for use by the authority for the purposes set out in the ordinance adopted under AS 29.35.605.
(b) A municipality may transfer and otherwise assign or lease personal property to an authority for use by the authority for the purposes set out in the ordinance adopted under AS 29.35.605.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 35. Municipal Powers and Duties › Article 9. Port Authorities. › Sec. 29.35.625. Bonds of a port authority; superior court jurisdiction.

(a) If authorized by the enabling ordinance, an authority may borrow money and may issue bonds on which the principal and interest are payable
(1) exclusively from the income and receipts of, or other money derived from, the project financed with the proceeds of the bonds;
(2) exclusively from the income and receipts of, or other money derived from, designated projects or other sources whether or not they are financed, insured, or guaranteed in whole or in part with the proceeds of the bonds; or
(3) from its income and receipts generally or a designated part or parts of them.
(b) All bonds may be sold at public or private sale in the manner, for the price or prices, and at the time or times that the authority may determine.
(c) Before issuing bonds, an authority shall provide for consideration at least sufficient, in the judgment of the authority, to pay the principal and interest on the bonds as they become due and to create and maintain the reserves for the payment that the authority considers necessary or desirable and meet all obligations in connection with the lease or agreement and all costs necessary to service the bonds, unless the lease or agreement provides that the obligations are to be met or costs are to be paid by a party other than the authority.
(d) Bonds shall be authorized by resolution of the authority, be dated, and shall mature as the resolution may provide, except that a bond may not mature more than 40 years from the date of its issue. Bonds shall bear interest at the rate or rates, be in the denominations, be in the form, either coupon or registered, carry the registration privileges, be executed in the manner, be payable in the medium of payment, at the place or places, and be subject to the terms of redemption that the resolution or a subsequent resolution may provide.
(e) All bonds issued under this section, regardless of form or character, are negotiable instruments for all of the purposes of AS 45.01 - AS 45.08, AS 45.12, AS 45.14, and AS 45.29 (Uniform Commercial Code).
(f) The superior court has jurisdiction to hear and determine suits, actions, or proceedings relating to an authority, including suits, actions, or proceedings brought to foreclose or otherwise enforce a mortgage, pledge, assignment, or security interest brought by or for the benefit or security of a holder of the authority's bonds or by a trustee for or other representative of the holders.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 35. Municipal Powers and Duties › Article 9. Port Authorities. › Sec. 29.35.630. Bonds eligible for investment.

Bonds issued under AS 29.35.625 are securities in which all public officers and public bodies of the state and its political subdivisions, all insurance companies, trust companies, banks, investment companies, executors, administrators, trustees, and other fiduciaries may properly and legally invest funds, including capital in their control or belonging to them. The bonds may be deposited with a state or municipal officer of an agency or political subdivision of the state for any purpose that the deposit of bonds of the state is authorized by law.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 35. Municipal Powers and Duties › Article 9. Port Authorities. › Sec. 29.35.635. Validity of pledge.

The pledge of revenue of an authority to the payment of the principal or interest on bonds or notes of the authority is valid and binding from the time the pledge is made, and the revenue is immediately subject to the lien of the pledge without physical delivery or further act. The lien of a pledge is valid and binding against all parties having claims of any kind against the authority irrespective of whether those parties have notice of the lien of the pledge.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 35. Municipal Powers and Duties › Article 9. Port Authorities. › Sec. 29.35.640. Credit of state or a municipality not pledged.

(a) The state and municipalities participating in an authority are not liable for the debts of that authority. Bonds issued under AS 29.35.625 are payable solely from the revenue of the authority and do not constitute a
(1) debt, liability, or obligation of the state or a municipality; or
(2) pledge of the faith and credit of the state or a municipality.
(b) An authority may not pledge the credit or the taxing power of the state or its municipalities. A bond issued under AS 29.35.625 must contain on its face a statement that
(1) the authority is not obligated to pay it or the interest on it except from the revenue pledged for it; and
(2) the faith and credit of the taxing power of the state or of a political subdivision of the state is not pledged to the payment of it.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 35. Municipal Powers and Duties › Article 9. Port Authorities. › Sec. 29.35.645. Pledges of the state and municipalities.

The state and municipalities participating in the authority pledge to and agree with the holders of bonds issued under AS 29.35.625 and with the federal agency, if any, that loans or contributes funds in respect to a project of the authority, that the state and the municipalities participating in the authority will not limit or alter the rights and powers vested in the authority by its enabling ordinance or other law so that it is unable to fulfill the terms of a contract made by the authority with those holders or that federal agency, or in any way impair the rights and remedies of those holders or that federal agency until the bonds, together with the interest on them and interest on unpaid installments of interest, and all costs and expenses in connection with an action or proceeding by or on behalf of those holders or that federal agency, are fully met and discharged. An authority is authorized to include this pledge and agreement of the state and the municipalities participating in the authority, insofar as it refers to holders of bonds of the authority, in a contract with those holders, and insofar as it relates to a federal agency, in a contract with that federal agency.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 35. Municipal Powers and Duties › Article 9. Port Authorities. › Sec. 29.35.650. Limitation of liability.

A liability incurred by an authority shall be satisfied exclusively from the assets or revenue of the authority. A creditor or other person does not have a right of action against the state or a municipality participating in an authority because of a debt, obligation, or liability of an authority.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 35. Municipal Powers and Duties › Article 9. Port Authorities. › Sec. 29.35.660. Fidelity bond.

An authority shall obtain a fidelity bond in an amount determined by the board for board members and each executive officer responsible for accounts and finances of that authority. A fidelity bond must be in effect during the entire tenure in office of the bonded person.