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