NOTICE OF APPLICATION FOR REFERNDUM PETITION 2018-1 10162018

Department

Assembly

Category

Special Notice

Start Date

10/16/2018 8:00 AM

End Date

1/15/2019 5:00 PM

Additional Information

 

Summary

Details

NOTICE:  Application for Referendum Petition 2018-1, Repeal of AO 2018-63(S), As Amended, Regarding the Prohibition of Disposable Plastic Shopping Bags

An application for a referendum petition was submitted to the Municipal Clerk’s office on September 14, 2018.  The petition proposes to put a repeal of AO 2018-63(S) before the voters.  Municipal Clerk Barbara A . Jones certified the petition on October 15, 2018.  To be certified, the Municipal Clerk must determine that:  (i) the measure proposed in the application may be submitted to voters by initiative or referendum; and (ii) the two contact persons and at least ten sponsors of the application are qualified voters of the municipality. AMC 20.50.030B.1.

The Clerk’s Office prepared a “Master Form of the Petition” and released it to the petition’s sponsors on October 16, 2018.  Sponsors must now gather 7,930 signatures within the next 90 days in order for the measure to be submitted to voters.  The Master Form includes a short title; fair and impartial summary; verbatim of AO 2018-63(S), As Amended; and in part reads:

Repeal of AO 2018-63(S), As Amended, Regarding the Prohibition of Disposable Plastic Shopping Bags

This petition seeks to submit to qualified voters of the Municipality of Anchorage the question of whether to repeal an ordinance adopted by the Assembly entitled "An Ordinance of the Anchorage Assembly Amending the Anchorage Municipal Code to add a new chapter to prohibit certain retail sellers from distributing disposable plastic shopping bags and providing for civil fines." In summary, the ordinance:

  1. prohibits retail sellers from providing disposable soft plastic shopping bags of any thickness to purchasers;
  2. requires retail sellers to charge $0.10 per alternative bag provided to a purchaser with a maximum charge of $0.50 per transaction, but exempts purchasers using food stamps or WIC, and retailers distributing bags at temporary events. Alternative bags are neither disposable plastic shopping bags nor reusable bags, such as paper bags. Retailers may keep the fee revenues or give it to a nonprofit;
  3. provides exceptions for plastic bags used to contain bulk products without other packaging, ice, flowers or potted plants, prescription drugs, bottles of partially consumed wine, to contain dampness or leaks, to contain a newspaper, laundry, or dry cleaning, provided by a retail marijuana store in compliance with regulations, and plastic bags sold in packages containing multiple bags for consumer use such as for collection and disposal of garbage, pet waste or yard waste; and
  4. establishes fines for violations.

Repealing (revoking) AO 2018-63(S), As Amended, will stop these requirements from going into effect.

 

Anyone who would like a copy of the petition application, legal opinion, or certification decision may contact the Municipal Clerk’s Office at 632 W. 6th Avenue, Suite 250, Anchorage, Alaska, 99501; wwmasmc@muni.org; or 907-343-4321. 

This notice is published pursuant to AMC 2.50.030B.1.b.: 

B.1.b.   A  decision by the municipal clerk to certify an application may be challenged in accordance with subsection C. below, as to substance only, and not to form. If the municipal clerk provides a master petition form to the contact persons of an application, the clerk shall be deemed to have certified the application. Immediately after a decision to certify a petition, the municipal clerk shall publish a notice that states the subject of the petition or proposed proposition title, date of the certification decision, the right to appeal within 30 days, and the manner in which any qualified voter may view or obtain a copy of the petition application, legal opinion if any, and certification decision.

C.  Appeal of application certification or denial. A decision by the municipal clerk on an application for an initiative or referendum petition is subject to judicial review by direct appeal to the Superior Court of the State of Alaska. Failure to appeal the municipal clerk's decision within 30 days from the date the municipal clerk distributes its decision shall constitute a waiver of the right of appeal.

Noticed:

10/15/2018 12:00 AM

Note Ends:

1/16/2019 12:00 AM

Contact For Information: