SCS CSHJR 5(JUD): Proposing amendments to the Constitution of the State of Alaska relating to tenure limits for certain officers of the state and subdivisions of the state.
00SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 5(JUD) 01 Proposing amendments to the Constitution of the State of Alaska relating to 02 tenure limits for certain officers of the state and subdivisions of the state. 03 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. Article II, sec. 3, Constitution of the State of Alaska, is amended to read: 05 SECTION 3. ELECTION AND TERMS. (a) Legislators shall be elected at 06 general elections. Their terms begin on the fourth Monday of the January following 07 election unless otherwise provided by law. The term of representatives shall be two 08 years, and the term of senators, four years. One-half of the senators shall be elected 09 every two years. A person may not serve consecutively during more than twelve 10 regular sessions in the legislature. Thereafter, the person may not again serve in 11 the legislature as a result of election or appointment to fill a vacancy until at least 12 three consecutive full regular sessions have elapsed during which the person has 13 not served. 14 * Sec. 2. Article II, sec. 3, Constitution of the State of Alaska, is amended by adding new
01 subsections to read: 02 (b) For purposes of applying the tenure limit under (a) of this section, periods 03 served in the legislature during the interim between sessions or during special sessions 04 shall not be considered. 05 (c) Notwithstanding (a) of this section, a person may complete a new term to 06 which elected if the person has served during no more than eleven consecutive regular 07 sessions in the legislature immediately before the beginning of the new term. 08 * Sec. 3. Article IV, sec. 6, Constitution of the State of Alaska, is amended to read: 09 SECTION 6. TENURE [APPROVAL OR REJECTION]. (a) Each supreme 10 court justice and superior court judge shall, in the manner provided by law, be subject 11 to approval or rejection on a nonpartisan ballot at the first general election held more 12 than three years after his appointment. Each [THEREAFTER, EACH] supreme court 13 justice [SHALL BE SUBJECT TO APPROVAL OR REJECTION IN A LIKE 14 MANNER EVERY TENTH YEAR,] and each superior court judge who is approved 15 for retention in office serves for an additional six years beginning on the date the 16 election is certified. At the general election held during the last year of the first six-year retention period, each 17 justice and judge shall again be subject to approval or 18 rejection. Each justice and judge who is approved for retention serves for an 19 additional six years. Thereafter, the justice or judge may not again serve in that 20 same office until at least three consecutive full years have elapsed during which that 21 person has not served in that office [, EVERY SIXTH YEAR]. 22 * Sec. 4. Article IV, sec. 6, Constitution of the State of Alaska, is amended by adding a new 23 subsection to read: 24 (b) A magistrate or other judge who is not subject to (a) of this section may not 25 serve consecutively more than fifteen full years in the same office of the judicial branch. 26 Thereafter, the person may not again serve in the same judicial office until at least three 27 consecutive full calendar years have elapsed during which the person has not served. 28 * Sec. 5. Article V, Constitution of the State of Alaska, is amended by adding a new section 29 to read: 30 SECTION 6. TENURE FOR ELECTED OFFICIALS. (a) A person may not 31 serve consecutively during more than twelve calendar years in the same elected office
01 of the State or a subdivision of the State. Thereafter, the person may not again serve in 02 that same office as a result of election or appointment to fill a vacancy until at least three 03 consecutive full calendar years have elapsed during which the person has not served. 04 This section does not apply to the offices of governor, lieutenant governor, state 05 legislator, supreme court justice or judge in the judicial branch, or United States senator 06 or representative. 07 (b) A city or borough may, by ordinance, adopt tenure limits for its elected 08 officials that are in addition to those provided for under (a) of this section. 09 * Sec. 6. Article XV, Constitution of the State of Alaska, is amended by adding a new 10 section to read: 11 SECTION 29. APPLICATION OF 1996 TENURE LIMIT AMENDMENT. (a) 12 The tenure limit added by the 1996 amendment to Section 3 of Article II applies upon 13 the convening of the first Regular session of the Twenty-Second Alaska State Legislature 14 and thereafter. Regular sessions served in the legislature before the convening of the 15 First Regular Session of the Twenty-Second Alaska State Legislature apply for purposes 16 of calculating the tenure limit. 17 (b) Notwithstanding the tenure limits added by the 1996 amendments to Section 18 6 of Article IV and to Section 6 of Article V, a person in office or who has been elected 19 or appointed to office before the effective date of the amendments may complete the 20 term. 21 * Sec. 7. The amendments proposed by this resolution shall be placed before the voters of 22 the state at the next general election in conformity with art. XIII, sec. 1, Constitution of the State 23 of Alaska, and the election laws of the state.