SJR 26: Proposing amendments to the Constitution of the State of Alaska relating to the election and the duties of the attorney general.
00SENATE JOINT RESOLUTION NO. 26 01 Proposing amendments to the Constitution of the State of Alaska relating to the 02 election and the duties of the attorney general. 03 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. Article III, sec. 23, Constitution of the State of Alaska, is amended to read: 05 SECTION 23. REORGANIZATION. (a) Except as provided in (b) of this 06 section, the [THE] governor may make changes in the organization of the executive 07 branch or in the assignment of functions among its units which he considers necessary 08 for efficient administration. Where these changes require the force of law, they shall 09 be set forth in executive orders. The legislature shall have sixty days of a regular 10 session, or a full session if of shorter duration, to disapprove these executive orders. 11 Unless disapproved by resolution concurred in by a majority of the members in joint 12 session, these orders become effective at a date thereafter to be designated by the 13 governor. 14 * Sec. 2. Article III, sec. 23, Constitution of the State of Alaska, is amended by adding a
01 new subsection to read: 02 (b) The governor may not make a change in the organization or function of 03 a unit of the executive branch that is headed by the attorney general. 04 * Sec. 3. Article III, sec. 24, Constitution of the State of Alaska, is amended to read: 05 SECTION 24. SUPERVISION. Except for the unit of the executive branch 06 that is headed by the attorney general, each [EACH] principal department shall be 07 under the supervision of the governor. 08 * Sec. 4. Article III, sec. 25, Constitution of the State of Alaska, is amended to read: 09 SECTION 25. DEPARTMENT HEADS. The head of each principal 10 department shall be a single executive unless otherwise provided by law. The head 11 of a principal department [HE] shall be appointed by the governor, subject to 12 confirmation by a majority of the members of the legislature in joint session, and shall 13 serve at the pleasure of the governor, except as otherwise provided in this article with 14 respect to the lieutenant governor and the attorney general [SECRETARY OF 15 STATE]. The heads of all principal departments shall be citizens of the United States. 16 * Sec. 5. Article III, Constitution of the State of Alaska, is amended by adding new 17 sections to read: 18 SECTION 28. ATTORNEY GENERAL: QUALIFICATIONS, 19 COMPENSATION, AND DUTIES. (a) There shall be an attorney general. The 20 attorney general shall be at least thirty years of age and a qualified voter of the State. 21 The attorney general shall have been a resident of Alaska at least five years 22 immediately preceding the filing for office and shall have been a citizen of the United 23 States for at least seven years. The attorney general shall be licensed to practice law 24 in the State and shall possess additional qualifications prescribed by law. 25 (b) The compensation of the attorney general shall be prescribed by law and 26 may not be diminished during the term of office unless by general law applying to all 27 salaried officers of the State. 28 (c) The attorney general shall defend the State in all civil actions in which the 29 State, a State agency, a State public corporation, or a State public enterprise is named 30 as a defendant party, shall prosecute violations of State criminal law, including 31 infractions and violations, and shall perform other duties prescribed by law.
01 SECTION 29. ATTORNEY GENERAL: ELECTION, TERM OF OFFICE, 02 AND VACANCY. (a) The attorney general shall be chosen by the qualified voters 03 of the State at a general election. The candidate receiving the greatest number of votes 04 shall be attorney general. 05 (b) The term of office of the attorney general is four years, beginning at noon 06 on the first Monday in December and ending at noon on the first Monday in December 07 four years later. 08 (c) A person who has been elected attorney general for two full successive 09 terms is not eligible to hold that office until one full term has intervened. 10 (d) In case of a vacancy in the office of attorney general for any reason, a 11 successor shall be elected for the remainder of the unexpired term at the first general 12 election occurring not less than six months after the office becomes vacant. The 13 governor may appoint a qualified person to fill the office between the date it becomes 14 vacant and the date it is filled by election. 15 * Sec. 6. Article XV, Constitution of the State of Alaska, is amended by adding a new 16 section to read: 17 SECTION 29. INITIAL ELECTION OF ATTORNEY GENERAL. The first 18 election for an attorney general required by the constitution to be elected shall occur 19 at the first general election occurring after the office is established under the 20 constitution. A vacancy that occurs in the office of attorney general before the first 21 general election held after the office is established under the constitution shall be filled 22 under the law as it existed before the office was established under the constitution. 23 * Sec. 7. The amendments proposed by this resolution shall be placed before the voters of 24 the state at the next general election in conformity with art. XIII, sec. 1, Constitution of the 25 State of Alaska, and the election laws of the state.