HJR 36: Proposing amendments to the Constitution of the State of Alaska establishing and relating to a unicameral legislature.
00 HOUSE JOINT RESOLUTION NO. 36 01 Proposing amendments to the Constitution of the State of Alaska establishing and 02 relating to a unicameral legislature. 03 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. Article II, sec. 1, Constitution of the State of Alaska, is amended to read: 05 Section 1. Legislative Power; Membership. The legislative power of the 06 State is vested in a legislature consisting of a senate [WITH A MEMBERSHIP OF 07 TWENTY AND A HOUSE OF REPRESENTATIVES] with a membership of sixty 08 [FORTY]. 09 * Sec. 2. Article II, sec. 2, Constitution of the State of Alaska, is amended to read: 10 Section 2. Members: Qualifications. A senator [MEMBER OF THE 11 LEGISLATURE] shall be a qualified voter who has been a resident of Alaska for at 12 least three years and of the district from which elected for at least one year, 13 immediately preceding [HIS] filing for office. A senator shall be at least [TWENTY- 14 FIVE YEARS OF AGE AND A REPRESENTATIVE AT LEAST] twenty-one years 15 of age. 16 * Sec. 3. Article II, sec. 3, Constitution of the State of Alaska, is amended to read:
01 Section 3. Election and Terms. Senators [LEGISLATORS] shall be elected 02 at general elections. Their terms begin on the fourth Monday of the January following 03 election unless otherwise provided by law. The term of a senator 04 [REPRESENTATIVES] shall be [TWO YEARS, AND THE TERM OF 05 SENATORS,] four years. One-half of the senators shall be elected every two years. 06 The number of senators elected shall alternate each election. 07 * Sec. 4. Article II, sec. 7, Constitution of the State of Alaska, is amended to read: 08 Section 7. Salary and Expenses. Senators [LEGISLATORS] shall receive 09 annual salaries. They may receive a per diem allowance for expenses while in session 10 and are entitled to travel expenses going to and from sessions. The presiding officer 11 [PRESIDING OFFICERS] may receive additional compensation. 12 * Sec. 5. Article II, sec. 8, Constitution of the State of Alaska, is amended to read: 13 Section 8. Regular Sessions. The senate [LEGISLATURE] shall convene in 14 regular session each year on the fourth Monday in January, but the month and day 15 may be changed by law. The senate [LEGISLATURE] shall adjourn from regular 16 session no later than one hundred twenty consecutive calendar days from the date it 17 convenes except that a regular session may be extended once for up to ten consecutive 18 calendar days. An extension of the regular session requires the affirmative vote of at 19 least two-thirds of the membership [OF EACH HOUSE] of the senate 20 [LEGISLATURE]. The senate [LEGISLATURE] shall adopt as part of the 21 [UNIFORM] rules of procedure deadlines for scheduling session work not 22 inconsistent with provisions controlling the length of the session. 23 * Sec. 6. Article II, sec. 12, Constitution of the State of Alaska, is amended to read: 24 Section 12. Rules. The senate [HOUSES OF EACH LEGISLATURE] shall 25 adopt [UNIFORM] rules of procedure. The senate [EACH HOUSE] may choose its 26 officers and employees. The senate [EACH] is the judge of the election and 27 qualifications of its members and may expel a member with the concurrence of at 28 least two-thirds of its members. The senate [EACH] shall keep a journal of its 29 proceedings. A majority of the membership [OF EACH HOUSE] constitutes a quorum 30 to do business, but a smaller number may adjourn from day to day and may compel 31 attendance of absent members. The senate [LEGISLATURE] shall regulate lobbying.
01 * Sec. 7. Article II, sec. 14, Constitution of the State of Alaska, is amended to read: 02 Section 14. Passage of Bills. The senate [LEGISLATURE] shall establish the 03 procedure for enactment of bills into law. No bill may become law unless it has passed 04 three readings [IN EACH HOUSE] on three separate days, except that any bill may be 05 advanced from second to third reading on the same day by concurrence of at least 06 three-fourths of the membership [HOUSE CONSIDERING IT]. No bill may become 07 law without an affirmative vote of at least a majority of the membership [OF EACH 08 HOUSE]. The yeas and nays on final passage shall be entered in the journal. 09 * Sec. 8. Article II, sec. 15, Constitution of the State of Alaska, is amended to read: 10 Section 15. Veto. The governor may veto bills passed by the senate 11 [LEGISLATURE]. The governor [HE] may, by veto, strike or reduce items in 12 appropriation bills. The governor [HE] shall return any vetoed bill, with a statement 13 of [HIS] objections, to the senate [HOUSE OF ORIGIN]. 14 * Sec. 9. Article II, sec. 16, Constitution of the State of Alaska, is amended to read: 15 Section 16. Action Upon Veto. Upon receipt of a veto message during a 16 regular session [OF THE LEGISLATURE], the senate [LEGISLATURE] shall meet 17 immediately [IN JOINT SESSION] and reconsider passage of the vetoed bill or item. 18 Bills to raise revenue and appropriation bills or items, although vetoed, become law by 19 affirmative vote of at least three-fourths of the membership of the senate 20 [LEGISLATURE]. Other vetoed bills become law by affirmative vote of at least two- 21 thirds of the membership of the senate [LEGISLATURE]. Bills vetoed after 22 adjournment of the first regular session of the legislature shall be reconsidered by the 23 senate [LEGISLATURE SITTING AS ONE BODY] no later than the fifth day of the 24 next regular or special session of that legislature. Bills vetoed after adjournment of the 25 second regular session shall be reconsidered by the senate [LEGISLATURE 26 SITTING AS ONE BODY] no later than the fifth day of a special session of that 27 legislature, if one is called. The vote on reconsideration of a vetoed bill shall be 28 entered in [ON] the journal [JOURNALS] of the senate [BOTH HOUSES]. 29 * Sec. 10. Article II, sec. 18, Constitution of the State of Alaska, is amended to read: 30 Section 18. Effective Date. Laws passed by the senate [LEGISLATURE] 31 become effective ninety days after enactment. The senate [LEGISLATURE] may, by
01 concurrence of at least two-thirds of its [THE] membership [OF EACH HOUSE], 02 provide for another effective date. 03 * Sec. 11. Article II, sec. 20, Constitution of the State of Alaska, is amended to read: 04 Section 20. Impeachment. All civil officers of the State are subject to 05 impeachment by the senate [LEGISLATURE]. Impeachment [SHALL ORIGINATE 06 IN THE SENATE AND] must be approved by at least a two-thirds vote of its 07 members. The resolution [MOTION] for impeachment shall list fully the basis for the 08 proceeding. Trial on impeachment shall be conducted by the senate [HOUSE OF 09 REPRESENTATIVES]. A supreme court justice designated by the court shall preside 10 at the trial. Concurrence of at least two-thirds of the members of the senate [HOUSE] 11 is required for a judgment of impeachment. The judgment may not extend beyond 12 removal from office, but shall not prevent proceedings in the courts on the same or 13 related charges. 14 * Sec. 12. Article III, sec. 17, Constitution of the State of Alaska, is amended to read: 15 Section 17. Convening Senate [LEGISLATURE]. Whenever the governor 16 considers it in the public interest, the governor [HE] may convene the senate 17 [LEGISLATURE, EITHER HOUSE, OR THE TWO HOUSES] in [JOINT] session. 18 * Sec. 13. Article III, sec. 19, Constitution of the State of Alaska, is amended to read: 19 Section 19. Military Authority. The governor is commander-in-chief of the 20 armed forces of the State. The governor [HE] may call out these forces to execute the 21 laws, suppress or prevent insurrection or lawless violence, or repel invasion. The 22 governor, as provided by law, shall appoint all general and flag officers of the armed 23 forces of the State, subject to confirmation by at least a majority of the members of 24 the senate [LEGISLATURE IN JOINT SESSION]. The governor [HE] shall appoint 25 and commission all other officers. 26 * Sec. 14. Article III, sec. 20, Constitution of the State of Alaska, is amended to read: 27 Section 20. Martial Law. The governor may proclaim martial law when the 28 public safety requires it in case of rebellion or actual or imminent invasion. Martial 29 law shall not continue for longer than twenty days without the approval of at least a 30 majority of the members of the senate [LEGISLATURE IN JOINT SESSION]. 31 * Sec. 15. Article III, sec. 23, Constitution of the State of Alaska, is amended to read:
01 Section 23. Reorganization. The governor may make changes in the 02 organization of the executive branch or in the assignment of functions among its units 03 which the governor [HE] considers necessary for efficient administration. Where 04 these changes require the force of law, they shall be set forth in executive orders. The 05 senate [LEGISLATURE] shall have sixty days of a regular session, or a full session if 06 of shorter duration, to disapprove these executive orders. Unless disapproved by 07 resolution concurred in by a majority of the members [IN JOINT SESSION], these 08 orders become effective at a date thereafter to be designated by the governor. 09 * Sec. 16. Article III, sec. 25, Constitution of the State of Alaska, is amended to read: 10 Section 25. Department Heads. The head of each principal department shall 11 be a single executive unless otherwise provided by law. The head of each principal 12 department [HE] shall be appointed by the governor, subject to confirmation by at 13 least a majority of the members of the senate [LEGISLATURE IN JOINT SESSION], 14 and shall serve at the pleasure of the governor, except as otherwise provided in this 15 article with respect to the lieutenant governor [SECRETARY OF STATE]. The 16 heads of all principal departments shall be citizens of the United States. 17 * Sec. 17. Article III, sec. 26, Constitution of the State of Alaska, is amended to read: 18 Section 26. Boards and Commissions. When a board or commission is at the 19 head of a principal department or a regulatory or quasi-judicial agency, its members 20 shall be appointed by the governor, subject to confirmation by at least a majority of 21 the members of the senate [LEGISLATURE IN JOINT SESSION], and may be 22 removed as provided by law. They shall be citizens of the United States. The board or 23 commission may appoint a principal executive officer when authorized by law, but the 24 appointment shall be subject to the approval of the governor. 25 * Sec. 18. Article IV, sec. 8, Constitution of the State of Alaska, is amended to read: 26 Section 8. Judicial Council. The judicial council shall consist of seven 27 members. Three attorney members shall be appointed for six-year terms by the 28 governing body of the organized state bar. Three non-attorney members shall be 29 appointed for six-year terms by the governor subject to confirmation by at least a 30 majority of the members of the senate [LEGISLATURE IN JOINT SESSION]. 31 Vacancies shall be filled for the unexpired term in like manner. Appointments shall be
01 made with due consideration to area representation and without regard to political 02 affiliation. The chief justice of the supreme court shall be ex-officio the seventh 03 member and chairman of the judicial council. No member of the judicial council, 04 except the chief justice, may hold any other office or position of profit under the 05 United States or the State. The judicial council shall act by concurrence of four or 06 more members and according to rules which it adopts. 07 * Sec. 19. Article IV, sec. 10, Constitution of the State of Alaska, is amended to read: 08 Section 10. Commission on Judicial Conduct. The Commission on Judicial 09 Conduct shall consist of nine members, as follows: three persons who are justices or 10 judges of state courts, elected by the justices and judges of state courts; three members 11 who have practiced law in this state for ten years, appointed by the governor from 12 nominations made by the governing body of the organized bar and subject to 13 confirmation by at least a majority of the members of the senate [LEGISLATURE IN 14 JOINT SESSION]; and three persons who are not judges, retired judges, or members 15 of the state bar, appointed by the governor and subject to confirmation by at least a 16 majority of the members of the senate [LEGISLATURE IN JOINT SESSION]. In 17 addition to being subject to impeachment under Section 12 of this article, a justice or 18 judge may be disqualified from acting as such and may be suspended, removed from 19 office, retired, or censured by the supreme court upon the recommendation of the 20 commission. The powers and duties of the commission and the bases for judicial 21 disqualification shall be established by law. 22 * Sec. 20. Article IV, sec. 15, Constitution of the State of Alaska, is amended to read: 23 Section 15. Rule-Making Power. The supreme court shall make and 24 promulgate rules governing the administration of all courts. It shall make and 25 promulgate rules governing practice and procedure in civil and criminal cases in all 26 courts. These rules may be changed by the senate [LEGISLATURE] by at least two- 27 thirds vote of the members [ELECTED TO EACH HOUSE]. 28 * Sec. 21. Article VI, sec. 3, Constitution of the State of Alaska, is amended to read: 29 Section 3. Redistricting [REAPPORTIONMENT] of [HOUSE AND] 30 Senate. The Redistricting Board shall redistrict [REAPPORTION] the [HOUSE OF 31 REPRESENTATIVES AND THE] senate immediately following the official reporting
01 of each decennial census of the United States. Redistricting [REAPPORTIONMENT] 02 shall be based upon the population within each [HOUSE AND] senate district as 03 reported by the official decennial census of the United States. 04 * Sec. 22. Article VI, sec. 4, Constitution of the State of Alaska, is amended to read: 05 Section 4. Method of Redistricting. The Redistricting Board shall establish 06 sixty senate [FORTY HOUSE] districts, with each [HOUSE] district to elect one 07 member of the senate [HOUSE OF REPRESENTATIVES. THE BOARD SHALL 08 ESTABLISH TWENTY SENATE DISTRICTS, EACH COMPOSED OF TWO 09 HOUSE DISTRICTS, WITH EACH SENATE DISTRICT TO ELECT ONE 10 SENATOR]. 11 * Sec. 23. Article VI, sec. 6, Constitution of the State of Alaska, is amended to read: 12 Section 6. District Boundaries. The Redistricting Board shall establish the 13 size and area of senate [HOUSE] districts, subject to the limitations of this article. 14 Each [HOUSE] district shall be formed of contiguous and compact territory containing 15 as nearly as practicable a relatively integrated socio-economic area. Each shall contain 16 a population as near as practicable to the quotient obtained by dividing the population 17 of the state by sixty [FORTY. EACH SENATE DISTRICT SHALL BE COMPOSED 18 AS NEAR AS PRACTICABLE OF TWO CONTIGUOUS HOUSE DISTRICTS]. 19 Consideration may be given to local government boundaries. Drainage and other 20 geographic features shall be used in describing boundaries wherever possible. 21 * Sec. 24. Article VI, sec. 8(b), Constitution of the State of Alaska, is amended to read: 22 (b) Members of the Redistricting Board shall be appointed in the year in 23 which an official decennial census of the United States is taken and by September 1 of 24 that year. The governor and the presiding officer of the senate shall each appoint 25 two members of the board. The [PRESIDING OFFICER OF THE SENATE, THE 26 PRESIDING OFFICER OF THE HOUSE OF REPRESENTATIVES, AND THE] 27 chief justice of the supreme court shall [EACH] appoint one member of the board. The 28 appointments to the board shall be made in the order listed in this subsection. At least 29 one board member shall be a resident of each judicial district that existed on 30 January 1, 1999. Board members serve until a final plan for redistricting and 31 proclamation of redistricting has been adopted and all challenges to it brought under
01 Section 11 of this article have been resolved after final remand or affirmation. 02 * Sec. 25. Article VI, sec. 8(c), Constitution of the State of Alaska, is amended to read: 03 (c) A person who was a member of the Redistricting Board at any time during 04 the process leading to final adoption of a redistricting plan under Section 10 of this 05 article may not be a candidate for the senate [LEGISLATURE] in the general election 06 following the adoption of the final redistricting plan. 07 * Sec. 26. Article VI, sec. 10(a), Constitution of the State of Alaska, is amended to read: 08 (a) Within thirty days after the official reporting of the decennial census of the 09 United States or thirty days after being duly appointed, whichever occurs last, the 10 board shall adopt one or more proposed redistricting plans. The board shall hold 11 public hearings on the proposed plan, or, if no single proposed plan is agreed on, on all 12 plans proposed by the board. No later than ninety days after the board has been 13 appointed and the official reporting of the decennial census of the United States, the 14 board shall adopt a final redistricting plan and issue a proclamation of redistricting. 15 The final plan shall set out boundaries of [HOUSE AND] senate districts and shall be 16 effective for the election of members of the senate [LEGISLATURE] until after the 17 official reporting of the next decennial census of the United States. 18 * Sec. 27. Article VII, sec. 3, Constitution of the State of Alaska, is amended to read: 19 Section 3. Board of Regents. The University of Alaska shall be governed by a 20 board of regents. The regents shall be appointed by the governor, subject to 21 confirmation by at least a majority of the members of the senate [LEGISLATURE IN 22 JOINT SESSION]. The board shall, in accordance with law, formulate policy and 23 appoint the president of the university. The president [HE] shall be the executive 24 officer of the board. 25 * Sec. 28. Article IX, sec. 17(c), Constitution of the State of Alaska, is amended to read: 26 (c) An appropriation from the budget reserve fund may be made for any public 27 purpose upon affirmative vote of at least three-fourths of the members [OF EACH 28 HOUSE] of the senate [LEGISLATURE]. 29 * Sec. 29. Article X, sec. 12, Constitution of the State of Alaska, is amended to read: 30 Section 12. Boundaries. A local boundary commission or board shall be 31 established by law in the executive branch of the state government. The commission
01 or board may consider any proposed local government boundary change. It may 02 present proposed changes to the senate [LEGISLATURE] during the first ten days of 03 any regular session. The change shall become effective forty-five days after 04 presentation or at the end of the session, whichever is earlier, unless disapproved by a 05 resolution concurred in by at least a majority of the members of the senate [EACH 06 HOUSE]. The commission or board, subject to law, may establish procedures whereby 07 boundaries may be adjusted by local action. 08 * Sec. 30. Article XI, sec. 3, Constitution of the State of Alaska, is amended to read: 09 Section 3. Petition. After certification of the application, a petition containing 10 a summary of the subject matter shall be prepared by the lieutenant governor for 11 circulation by the sponsors. If signed by qualified voters who are equal in number to at 12 least ten percent of those who voted in the preceding general election, who are resident 13 in at least three-fourths of the senate [HOUSE] districts of the State, and who, in each 14 of those senate [HOUSE] districts, are equal in number to at least seven percent of 15 those who voted in the preceding general election in the senate [HOUSE] district, it 16 may be filed with the lieutenant governor. 17 * Sec. 31. Article XII, sec. 11, Constitution of the State of Alaska, is amended to read: 18 Section 11. Law-Making Power. As used in this constitution, the terms "by 19 law," [AND] "by the legislature," and "by the senate," or variations of these terms, 20 are used interchangeably when related to law-making powers. Unless clearly 21 inapplicable, the law-making powers assigned to the legislature may be exercised by 22 the people through the initiative, subject to the limitations of Article XI. 23 * Sec. 32. Article XII, sec. 14, Constitution of the State of Alaska, is amended to read: 24 Section 14. Approval of Federal Amendment to Statehood Act Affecting 25 an Interest of the State under that Act. A federal statute or proposed federal statute 26 that affects an interest of this State under the Act admitting Alaska to the Union is 27 ineffective as against the State interest unless approved by at least a two-thirds vote of 28 [EACH HOUSE OF] the senate [LEGISLATURE] or approved by the people of the 29 State. The senate [LEGISLATURE] may, by a resolution passed by at least a 30 majority vote [OF EACH HOUSE], place the question of approval of the federal 31 statute on the ballot for the next general election unless in the resolution placing the
01 question of approval, the senate [LEGISLATURE] requires the question to be placed 02 before the voters at a special election. The approval of the federal statute by the people 03 of the State is not effective unless the federal statute described in the resolution is 04 ratified by a majority of the qualified voters of the State who vote on the question. 05 Unless a summary of the question is provided in the resolution passed by the senate 06 [LEGISLATURE], the lieutenant governor shall prepare an impartial summary of the 07 question. The lieutenant governor shall present the question to the voters so that a 08 "yes" vote on the question is a vote to approve the federal statute. 09 * Sec. 33. Article XIII, sec. 1, Constitution of the State of Alaska, is amended to read: 10 Section 1. Amendments. Amendments to this constitution may be proposed 11 by at least a two-thirds vote [OF EACH HOUSE] of the membership of the senate 12 [LEGISLATURE]. The lieutenant governor shall prepare a ballot title and proposition 13 summarizing each proposed amendment, and shall place them on the ballot for the 14 next general election. If a majority of the votes cast on the proposition favor the 15 amendment, it shall be adopted. Unless otherwise provided in the amendment, it 16 becomes effective thirty days after the certification of the election returns by the 17 lieutenant governor. 18 * Sec. 34. Article XV, Constitution of the State of Alaska, is amended by adding a new 19 section to read: 20 Section 30. Transition to Unicameral Legislature. The following provisions 21 shall be followed in the transition from a bicameral to a unicameral legislature 22 provided for under the 2008 amendments: 23 (1) the holdover members of the senate and those members of the 24 senate and house of representatives elected to the Twenty-Sixth Alaska State 25 Legislature shall sit as a bicameral legislature during the first regular session, but shall 26 sit as a unicameral legislature consisting of sixty members during the second regular 27 session; 28 (2) at the first session of the Twenty-Sixth Alaska State Legislature, 29 the legislature shall make the necessary preparation for sitting as a unicameral 30 legislature during the second regular session, including consideration of organization, 31 revision of rules of procedure, and amendments to statutes;
01 (3) no later than February 10, 2010, a Redistricting Board shall be 02 appointed in substantial compliance with Section 8(b) of Article VI, as amended in 03 sec. 24 of this resolution, and no later than March 15, 2010, the Redistricting Board 04 shall redistrict the legislature in accordance with Article VI to provide for a 05 unicameral legislature consisting of sixty members based upon the total population of 06 the State as determined by the most recent decennial federal census; 07 (4) at the 2010 general election, thirty members of the legislature shall 08 be elected to four-year terms, and thirty members shall be elected to two-year terms, 09 set by the Redistricting Board in the redistricting plan under (3) of this section; 10 (5) a member of the senate elected to a four-year term in 2008 may not 11 serve as a member of the Twenty-Seventh Alaska State Legislature unless the member 12 is elected at the 2010 general election to serve in the unicameral legislature. 13 * Sec. 35. Article II, sec. 10, and art. VI, sec. 1, Constitution of the State of Alaska, are 14 repealed. 15 * Sec. 36. Section 34 of this resolution takes effect January 1, 2009. 16 * Sec. 37. Sections 1 - 33 and 35 of this resolution take effect January 19, 2010. 17 * Sec. 38. The amendments proposed by this resolution shall be placed before the voters of 18 the state at the next general election in conformity with art. XIII, sec. 1, Constitution of the 19 State of Alaska, and the election laws of the state.