Section 3.110.410. Petitioners.

	(a)  A petition for a proposed action by the commission under this chapter may be initiated by  
		(1) the legislature;  
		(2) the commissioner;  
		(3) a person designated by the commission, subject to (d) of this section;  
		(4) a political subdivision of the state;  
		(5) a regional educational attendance area;  
		(6) repealed 1/9/2008;  
		(7) at least 10 percent of the persons registered to vote in a political subdivision of the state or in a regional educational attendance area, if the petition seeks the alteration of a municipality under AS 29.06,  other than by local option under AS 29.06.090(b)(2) or AS 29.06.450(a)(2);  
		(8) at least 10 percent of the persons registered to vote in  
			(A) the area proposed for borough annexation by election under 3 AAC 110.210(3) or by legislative review under AS 29.06.040(b) or AS 44.33.812(b)(2); or   
			(B) the territory proposed for city annexation by election under 3 AAC 110.150(3) or by legislative review under AS 29.06.040(b) or AS 44.33.812(b)(2);   
		(9) at least 25 percent of the persons registered to vote in  
			(A) the area proposed for borough detachment by election under AS 29.06.040(c)(2) or by legislative review under AS 29.06.040(b) or AS 44.33.812(b)(2); or  
			(B) the territory proposed for city detachment by election under AS 29.06.040(c)(2) or by legislative review under AS 29.06.040(b) or AS 44.33.812(b)(2); or  
		(10) the number of qualified voters required under   
			(A) AS 29.04.040, if the petition seeks reclassification of a city;  
			(B) AS 29.05.060, if the petition seeks a municipal incorporation under AS 29.05.060;  
			(C) AS 29.06.100(a), if the petition seeks a municipal merger or consolidation under AS 29.06.090(b)(2); or   
			(D) AS 29.06.460(a), if the petition seeks a municipal dissolution under AS 29.06.450(a)(2).  
	(b)  If, to achieve compliance with AS 29.06.100(a), a petition for merger or consolidation must be signed by a percentage of voters from one or more cities within a borough, and also by a percentage of voters in that borough, all voters who sign the petition as borough voters must reside outside any city or cities joining that petition. The number of borough voters required to sign the petition must be based on the number of registered voters or the number of  votes cast in the area of the borough outside any city or cities joining the petition.  
	(c)  The provisions of (a)(10) of this section may not be construed to apply to petition procedures established by the commission under AS 44.33.812(a)(2), AS 29.06.040(c) for annexation and detachment, AS 29.06.090(b)(1) for merger and consolidation, or AS 29.06.450(a)(1) for dissolution.  
	(d)  A person designated by the commission may initiate a petition if the commission  
		(1) determines that the action proposed will likely promote the standards established under the Constitution of the State of Alaska, AS 29.04,  AS 29.05,  AS 29.06,  or this chapter, and is in the best interests of the state; and  
		(2) directs the designated person to prepare a petition by a motion approved by a majority of the appointed membership of the commission.  
	(e)  The person initiating a petition under (a) of this section is the petitioner. A petition must include a designation of  
		(1) one person as representative of the petitioner; and  
		(2) a second person as an alternate representative, who may act if the primary representative is absent, resigns, or fails to perform the representative's duties.   

Authorities

29.04.040;29.05.060;29.06.040;29.06.090;29.06.100;29.06.450;29.06.460;44.33.020;44.33.812

Notes

Reference

3 AAC 110.400
3 AAC 110.415
3 AAC 110.420
3 AAC 110.435
3 AAC 110.450
3 AAC 110.475
3 AAC 110.500
3 AAC 110.530
3 AAC 110.540

Authority

Art. X, sec. 1, Ak Const. Art. X, sec. 3, Ak Const. Art. X, sec. 7, Ak Const. Art. X, sec. 12, Ak Const. Art. X, sec. 14, Ak Const. AS 29.04.040 AS 29.05.060 AS 29.06.040 AS 29.06.090 AS 29.06.100 AS 29.06.450 AS 29.06.460 AS 44.33.020 AS 44.33.812

History

Eff. 7/31/92, Register 123; am 5/19/2002, Register 162; am 1/9/2008, Register 185