HJR 7: Proposing amendments to the Constitution of the State of Alaska authorizing the use of the initiative to amend the Constitution of the State of Alaska and amending the requirements relating to applications for initiatives and referenda.
00HOUSE JOINT RESOLUTION NO. 7 01 Proposing amendments to the Constitution of the State of Alaska authorizing the 02 use of the initiative to amend the Constitution of the State of Alaska and 03 amending the requirements relating to applications for initiatives and referenda. 04 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. Article XI, sec. 1, Constitution of the State of Alaska, is amended to read: 06 SECTION 1. INITIATIVE AND REFERENDUM. The people may propose 07 and enact constitutional amendments and laws by the initiative, and approve or reject 08 acts of the legislature by the referendum. 09 * Sec. 2. Article XI, sec. 2, Constitution of the State of Alaska, is amended to read: 10 SECTION 2. APPLICATION. An initiative or referendum is proposed by an 11 application containing the constitutional amendment or proposed law [BILL] to be 12 initiated or the act to be referred. The application shall be signed by not less than one 13 hundred qualified voters as sponsors, and shall be filed with the lieutenant governor. 14 An initiative application shall conform to the requirements of Section 13 of Article
01 II, except that the enacting clause for a constitutional amendment shall be: "Be 02 it resolved by the People of the State of Alaska.", and the enacting clause for a 03 proposed law shall be "Be it enacted by the People of the State of Alaska." The 04 application shall set out the language of the proposed constitutional amendment 05 or proposed law substantially as required by law and legislative rule applicable 06 to proposals to amend this constitution or to bills for proposed laws, as 07 appropriate. A referendum application shall make reference to the session law 08 that contains the act of the legislature to be referred. The lieutenant governor 09 may deny certification of the application only if it does not conform to the 10 requirements of this section or it does not comply with the requirements of 11 Section 5 or Section 7 of this article. The lieutenant governor has plenary 12 authority to determine whether to certify or deny certification to an application 13 under this section, but the decision to approve or deny [IF HE FINDS IT IN 14 PROPER FORM HE SHALL SO CERTIFY. DENIAL OF] certification shall be 15 subject to judicial review. 16 * Sec. 3. Article XI, sec. 4, Constitution of the State of Alaska, is amended to read: 17 SECTION 4. INITIATIVE ELECTION. An initiative petition may be filed 18 at any time. The lieutenant governor shall prepare a ballot title and proposition 19 summarizing the proposed constitutional amendment or law, and shall place them 20 on the ballot for the first statewide election held more than one hundred twenty days 21 after adjournment of the legislative session following the filing. If, before the election, 22 substantially the same constitutional amendment has been proposed by the 23 legislature or substantially the same law [MEASURE] has been enacted, the petition 24 is void. 25 * Sec. 4. Article XI, sec. 6, Constitution of the State of Alaska, is amended to read: 26 SECTION 6. DISPOSITION OF PROPOSED CONSTITUTIONAL 27 AMENDMENT OR LAW OR OF ACT REFERRED. (a) [ENACTMENT. IF A 28 MAJORITY OF THE VOTES CAST ON THE PROPOSITION FAVOR ITS 29 ADOPTION, THE INITIATED MEASURE IS ENACTED. IF A MAJORITY OF 30 THE VOTES CAST ON THE PROPOSITION FAVOR THE REJECTION OF AN 31 ACT REFERRED, IT IS REJECTED.] The lieutenant governor shall certify the
01 returns of an election conducted under Section 4 or 5 of this article [RETURNS]. 02 (b) If a majority of the votes cast on the proposed constitutional 03 amendment favors its adoption, the proposed amendment becomes effective. An 04 initiated constitutional amendment becomes effective thirty days after the 05 certification of the election returns by the lieutenant governor. 06 (c) If a majority of the votes cast on the proposed law favors its 07 enactment, the proposed law is enacted. An initiated law becomes effective ninety 08 days after the certification of the election returns by the lieutenant governor, is not 09 subject to veto, [AND] may not be repealed by the legislature within two years of its 10 effective date, and [. IT] may be amended at any time. 11 (d) If a majority of the votes cast on an act referred favors the rejection 12 of the act referred, the act is rejected. An act rejected by referendum is void thirty 13 days after certification of the election returns by the lieutenant governor. 14 (e) Additional procedures for the initiative and referendum may be prescribed 15 by law. 16 * Sec. 5. Article XIII, sec. 1, Constitution of the State of Alaska, is amended to read: 17 SECTION 1. AMENDMENTS. Amendments to this constitution may be 18 proposed by a two-thirds vote of each house of the legislature. The lieutenant 19 governor shall prepare a ballot title and proposition summarizing each [PROPOSED] 20 amendment proposed by the legislature, and shall place them on the ballot for the 21 next general election. If a majority of the votes cast on the proposition favors 22 [FAVOR] the amendment, it shall be adopted. Unless otherwise provided in the 23 amendment, it becomes effective thirty days after the certification of the election 24 returns by the lieutenant governor. Amendments may also be proposed by the 25 initiative under Article XI. 26 * Sec. 6. The amendments proposed by this resolution shall be placed before the voters of 27 the state at the next general election in conformity with art. XIII, sec. 1, Constitution of the 28 State of Alaska, and the election laws of the state.