00 HOUSE JOINT RESOLUTION NO. 53 01 Proposing amendments to the Constitution of the State of Alaska relating to the 02 length of a regular session and establishing a unicameral legislature; and 03 providing for an effective date for each amendment. 04 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. Article II, sec. 1, Constitution of the State of Alaska, is amended to read: 06  SECTION 1. LEGISLATIVE POWER; MEMBERSHIP. The legislative power 07 of the State is vested in a legislature consisting of a senate [WITH A MEMBERSHIP 08 OF TWENTY AND A HOUSE OF REPRESENTATIVES] with a membership of 09 forty-nine [FORTY]. 10 * Sec. 2. Article II, sec. 2, Constitution of the State of Alaska, is amended to read: 11  SECTION 2. MEMBERS' QUALIFICATIONS. A senator [MEMBER OF 12 THE LEGISLATURE] shall be a qualified voter who has been a resident of Alaska 13 for at least three years and of the district from which elected for at least one year, 14 immediately preceding [HIS] filing for office. A senator shall be at least 01 [TWENTY-FIVE YEARS OF AGE AND A REPRESENTATIVE AT LEAST] 02 twenty-one years of age. 03 * Sec. 3. Article II, sec. 3, Constitution of the State of Alaska, is amended to read: 04  SECTION 3. ELECTION AND TERMS. Senators [LEGISLATORS] shall 05 be elected at general elections. Their terms begin on the fourth Monday of the January 06 following election unless otherwise provided by law. The term of a senator 07 [REPRESENTATIVES] shall be [TWO YEARS, AND THE TERM OF SENATORS,] 08 four years. Twenty-four or twenty-five [ONE-HALF] of the senators shall be elected 09 every two years. The number of senators elected shall alternate each election. 10 * Sec. 4. Article II, sec. 7, Constitution of the State of Alaska, is amended to read: 11  SECTION 7. SALARY AND EXPENSES. Senators [LEGISLATORS] shall 12 receive annual salaries. They may receive a per diem allowance for expenses while in 13 session and are entitled to travel expenses going to and from sessions. The presiding 14 officer [PRESIDING OFFICERS] may receive additional compensation. 15 * Sec. 5. Article II, sec. 8, Constitution of the State of Alaska, is amended to read: 16  SECTION 8. REGULAR SESSIONS. The senate [LEGISLATURE] shall 17 convene in regular session each year on the fourth Monday in January, but the month 18 and day may be changed by law. The senate [LEGISLATURE] shall adjourn from 19 regular session no later than ninety [ONE HUNDRED TWENTY] consecutive 20 calendar days from the date it convenes except that a regular session may be extended 21 once for up to ten consecutive calendar days. An extension of the regular session 22 requires the affirmative vote of at least two-thirds of the membership [OF EACH 23 HOUSE] of the senate [LEGISLATURE]. The senate [LEGISLATURE] shall adopt 24 as part of the [UNIFORM] rules of procedure deadlines for scheduling session work 25 not inconsistent with provisions controlling the length of the session. 26 * Sec. 6. Article II, sec. 12, Constitution of the State of Alaska, is amended to read: 27  SECTION 12. RULES. The senate [HOUSES OF EACH LEGISLATURE] 28 shall adopt [UNIFORM] rules of procedure. The senate [EACH HOUSE] may choose 29 its officers and employees. The senate [EACH] is the judge of the election and 30 qualifications of its members and may expel a member with the concurrence of at 31 least two-thirds of its members. The senate [EACH] shall keep a journal of its 01 proceedings. A majority of the membership [OF EACH HOUSE] constitutes a quorum 02 to do business, but a smaller number may adjourn from day to day and may compel 03 attendance of absent members. The senate [LEGISLATURE] shall regulate lobbying. 04 * Sec. 7. Article II, sec. 14, Constitution of the State of Alaska, is amended to read: 05  SECTION 14. PASSAGE OF BILLS. The senate [LEGISLATURE] shall 06 establish the procedure for enactment of bills into law. No bill may become law 07 unless it has passed three readings [IN EACH HOUSE] on three separate days, except 08 that any bill may be advanced from second to third reading on the same day by 09 concurrence of at least three-fourths of the membership [HOUSE CONSIDERING 10 IT]. No bill may become law without an affirmative vote of at least a majority of the 11 membership [OF EACH HOUSE]. The yeas and nays on final passage shall be 12 entered in the journal. 13 * Sec. 8. Article II, sec. 15, Constitution of the State of Alaska, is amended to read: 14  SECTION 15. VETO. The governor may veto bills passed by the senate 15 [LEGISLATURE]. The governor [HE] may, by veto, strike or reduce items in 16 appropriation bills. The governor [HE] shall return any vetoed bill, with a statement 17 of [HIS] objections, to the senate [HOUSE OF ORIGIN]. 18 * Sec. 9. Article II, sec. 16, Constitution of the State of Alaska, is amended to read: 19  SECTION 16. ACTION UPON VETO. Upon receipt of a veto message 20 during a regular session [OF THE LEGISLATURE], the senate [LEGISLATURE] 21 shall meet immediately [IN JOINT SESSION] and reconsider passage of the vetoed 22 bill or item. Bills to raise revenue and appropriation bills or items, although vetoed, 23 become law by affirmative vote of at least three-fourths of the membership of the 24 senate [LEGISLATURE]. Other vetoed bills become law by affirmative vote of at 25 least two-thirds of the membership of the senate [LEGISLATURE]. Bills vetoed after 26 adjournment of the first regular session of the legislature shall be reconsidered by the 27 senate [LEGISLATURE SITTING AS ONE BODY] no later than the fifth day of the 28 next regular or special session of that legislature. Bills vetoed after adjournment of 29 the second regular session shall be reconsidered by the senate [LEGISLATURE 30 SITTING AS ONE BODY] no later than the fifth day of a special session of that 31 legislature, if one is called. The vote on reconsideration of a vetoed bill shall be 01 entered in [ON] the journal [JOURNALS] of the senate [BOTH HOUSES]. 02 * Sec. 10. Article II, sec. 18, Constitution of the State of Alaska, is amended to read: 03  SECTION 18. EFFECTIVE DATE. Laws passed by the senate 04 [LEGISLATURE] become effective ninety days after enactment. The senate 05 [LEGISLATURE] may, by concurrence of at least two-thirds of its [THE] membership 06 [OF EACH HOUSE], provide for another effective date. 07 * Sec. 11. Article II, sec. 20, Constitution of the State of Alaska, is amended to read: 08  SECTION 20. IMPEACHMENT. All civil officers of the State are subject to 09 impeachment by the senate [LEGISLATURE]. Impeachment [SHALL ORIGINATE 10 IN THE SENATE AND] must be approved by at least a two-thirds vote of its 11 members. The resolution [MOTION] for impeachment shall list fully the basis for the 12 proceeding. Trial on impeachment shall be conducted by the senate [HOUSE OF 13 REPRESENTATIVES]. A supreme court justice designated by the court shall preside 14 at the trial. Concurrence of at least two-thirds of the members of the senate 15 [HOUSE] is required for a judgment of impeachment. The judgment may not extend 16 beyond removal from office, but shall not prevent proceedings in the courts on the 17 same or related charges. 18 * Sec. 12. Article III, sec. 17, Constitution of the State of Alaska, is amended to read: 19  SECTION 17. CONVENING SENATE [LEGISLATURE]. Whenever the 20 governor considers it in the public interest, the governor [HE] may convene the 21 senate [LEGISLATURE, EITHER HOUSE, OR THE TWO HOUSES] in [JOINT] 22 session. 23 * Sec. 13. Article III, sec. 19, Constitution of the State of Alaska, is amended to read: 24  SECTION 19. MILITARY AUTHORITY. The governor is 25 commander-in-chief of the armed forces of the State. The governor [HE] may call 26 out these forces to execute the laws, suppress or prevent insurrection or lawless 27 violence, or repel invasion. The governor, as provided by law, shall appoint all 28 general and flag officers of the armed forces of the State, subject to confirmation by 29 at least a majority of the members of the senate [LEGISLATURE IN JOINT 30 SESSION]. The governor [HE] shall appoint and commission all other officers. 31 * Sec. 14. Article III, sec. 20, Constitution of the State of Alaska, is amended to read: 01  SECTION 20. MARTIAL LAW. The governor may proclaim martial law 02 when the public safety requires it in case of rebellion or actual or imminent invasion. 03 Martial law shall not continue for longer than twenty days without the approval of at 04 least a majority of the members of the senate [LEGISLATURE IN JOINT SESSION]. 05 * Sec. 15. Article III, sec. 23, Constitution of the State of Alaska, is amended to read: 06  SECTION 23. REORGANIZATION. The governor may make changes in the 07 organization of the executive branch or in the assignment of functions among its units 08 which the governor [HE] considers necessary for efficient administration. Where 09 these changes require the force of law, they shall be set forth in executive orders. The 10 senate [LEGISLATURE] shall have sixty days of a regular session, or a full session 11 if of shorter duration, to disapprove these executive orders. Unless disapproved by 12 resolution concurred in by a majority of the members [IN JOINT SESSION], these 13 orders become effective at a date thereafter to be designated by the governor. 14 * Sec. 16. Article III, sec. 25, Constitution of the State of Alaska, is amended to read: 15  SECTION 25. DEPARTMENT HEADS. The head of each principal 16 department shall be a single executive unless otherwise provided by law. The head 17 of each principal department [HE] shall be appointed by the governor, subject to 18 confirmation by at least a majority of the members of the senate [LEGISLATURE IN 19 JOINT SESSION], and shall serve at the pleasure of the governor, except as otherwise 20 provided in this article with respect to the lieutenant governor [SECRETARY OF 21 STATE]. The heads of all principal departments shall be citizens of the United States. 22 * Sec. 17. Article III, sec. 26, Constitution of the State of Alaska, is amended to read: 23  SECTION 26. BOARDS AND COMMISSIONS. When a board or 24 commission is at the head of a principal department or a regulatory or quasi-judicial 25 agency, its members shall be appointed by the governor, subject to confirmation by at 26 least a majority of the members of the senate [LEGISLATURE IN JOINT SESSION], 27 and may be removed as provided by law. They shall be citizens of the United States. 28 The board or commission may appoint a principal executive officer when authorized 29 by law, but the appointment shall be subject to the approval of the governor. 30 * Sec. 18. Article IV, sec. 10, Constitution of the State of Alaska, is amended to read: 31  SECTION 10. COMMISSION ON JUDICIAL CONDUCT. The Commission 01 on Judicial Conduct shall consist of nine members, as follows: three persons who are 02 justices or judges of state courts, elected by the justices and judges of state courts; 03 three members who have practiced law in this state for ten years, appointed by the 04 governor from nominations made by the governing body of the organized bar and 05 subject to confirmation by at least a majority of the members of the senate 06 [LEGISLATURE IN JOINT SESSION]; and three persons who are not judges, retired 07 judges, or members of the state bar, appointed by the governor and subject to 08 confirmation by at least a majority of the members of the senate [LEGISLATURE IN 09 JOINT SESSION]. In addition to being subject to impeachment under Section 12 of 10 this article, a justice or judge may be disqualified from acting as such and may be 11 suspended, removed from office, retired, or censured by the supreme court upon the 12 recommendation of the commission. The powers and duties of the commission and 13 the bases for judicial disqualification shall be established by law. 14 * Sec. 19. Article IV, sec. 15, Constitution of the State of Alaska, is amended to read: 15  SECTION 15. RULE-MAKING POWER. The supreme court shall make and 16 promulgate rules governing the administration of all courts. It shall make and 17 promulgate rules governing practice and procedure in civil and criminal cases in all 18 courts. These rules may be changed by the senate [LEGISLATURE] by at least 19 two-thirds vote of the members [ELECTED TO EACH HOUSE]. 20 * Sec. 20. Article VI, sec. 1, Constitution of the State of Alaska, is amended to read: 21  SECTION 1. ELECTION DISTRICTS. Members of the senate [HOUSE OF 22 REPRESENTATIVES] shall be elected by the qualified voters of the respective 23 election districts. The boundaries of the election districts shall be set by the 24 governor after each decennial census of the United States [UNTIL 25 REAPPORTIONMENT, ELECTION DISTRICTS AND THE NUMBER OF 26 REPRESENTATIVES TO BE ELECTED FROM EACH DISTRICT SHALL BE AS 27 SET FORTH IN SECTION 1 OF ARTICLE XIV]. 28 * Sec. 21. Article VI, sec. 3, Constitution of the State of Alaska, is amended to read: 29  SECTION 3. REAPPORTIONMENT OF SENATE [HOUSE]. The governor 30 shall reapportion the senate [HOUSE OF REPRESENTATIVES] immediately 31 following the official reporting of each decennial census of the United States. 01 Reapportionment shall be based upon civilian population within each election district 02 as reported by the census. 03 * Sec. 22. Article VI, sec. 4, Constitution of the State of Alaska, is amended to read: 04  SECTION 4. METHOD. Reapportionment shall be by the method of equal 05 proportions, except that each election district having the major fraction of the quotient 06 obtained by dividing total civilian population by forty-nine [FORTY] shall have one 07 senator [REPRESENTATIVE]. 08 * Sec. 23. Article VI, sec. 6, Constitution of the State of Alaska, is amended to read: 09  SECTION 6. REDISTRICTING. The governor may further redistrict by 10 changing the size and area of election districts, subject to the limitations of this article. 11 Each new district so created shall be formed of contiguous and compact territory 12 containing as nearly as practicable a relatively integrated socio-economic area. Each 13 shall contain a population at least equal to the quotient obtained by dividing the total 14 civilian population by forty-nine [FORTY]. Consideration may be given to local 15 government boundaries. Drainage and other geographic features shall be used in 16 describing boundaries wherever possible. 17 * Sec. 24. Article VI, sec. 8, Constitution of the State of Alaska is amended to read: 18  SECTION 8. REAPPORTIONMENT BOARD. The governor shall appoint 19 a reapportionment board to act in an advisory capacity [TO HIM]. It shall consist of 20 five members, none of whom may be public employees or officials. At least one 21 member each shall be appointed from the Southeastern, Southcentral, Central, and 22 Northwestern areas of the state [SENATE DISTRICTS]. Appointments shall be made 23 without regard to political affiliation. Board members shall be compensated. 24 * Sec. 25. Article VII, sec. 3, Constitution of the State of Alaska, is amended to read: 25  SECTION 3. BOARD OF REGENTS OF UNIVERSITY. The University of 26 Alaska shall be governed by a board of regents. The regents shall be appointed by the 27 governor, subject to confirmation by at least a majority of the members of the senate 28 [LEGISLATURE IN JOINT SESSION]. The board shall, in accordance with law, 29 formulate policy and appoint the president of the university. The president [HE] shall 30 be the executive officer of the board. 31 * Sec. 26. Article IX, sec. 17(c), Constitution of the State of Alaska, is amended to read: 01  (c) An appropriation from the budget reserve fund may be made for any public 02 purpose upon affirmative vote of at least three-fourths of the members [OF EACH 03 HOUSE] of the senate [LEGISLATURE]. 04 * Sec. 27. Article X, sec. 12, Constitution of the State of Alaska, is amended to read: 05  SECTION 12. BOUNDARIES. A local boundary commission or board shall 06 be established by law in the executive branch of the state government. The 07 commission or board may consider any proposed local government boundary change. 08 It may present proposed changes to the senate [LEGISLATURE] during the first ten 09 days of any regular session. The change shall become effective forty-five days after 10 presentation or at the end of the session, whichever is earlier, unless disapproved by 11 a resolution concurred in by at least a majority of the members of the senate [EACH 12 HOUSE]. The commission or board, subject to law, may establish procedures whereby 13 boundaries may be adjusted by local action. 14 * Sec. 28. Article XIII, sec. 1, Constitution of the State of Alaska, is amended to read: 15  SECTION 1. AMENDMENTS. Amendments to this constitution may be 16 proposed by at least a two-thirds vote [OF EACH HOUSE] of the membership of the 17 senate [LEGISLATURE]. The lieutenant governor shall prepare a ballot title and 18 proposition summarizing each proposed amendment, and shall place them on the ballot 19 for the next general election. If a majority of the votes cast on the proposition favor 20 the amendment, it shall be adopted. Unless otherwise provided in the amendment, it 21 becomes effective thirty days after the certification of the election returns by the 22 lieutenant governor. 23 * Sec. 29. Article XV, Constitution of the State of Alaska, is amended by adding a new 24 section to read: 25  SECTION 29. TRANSITION TO UNICAMERAL LEGISLATURE. The 26 following provisions shall be followed in the transition from a bicameral to a 27 unicameral legislature provided for under the 1994 amendments: 28  (1) the holdover members of the senate and those members of the 29 senate and house of representatives elected to the Nineteenth Alaska State Legislature 30 shall sit as a bicameral legislature during the first session, but shall sit as a unicameral 31 legislature consisting of sixty members during the second session; 01  (2) at the first session of the Nineteenth Alaska State Legislature, the 02 legislature shall make the necessary preparation for sitting as a unicameral legislature 03 during the second session; 04  (3) no later than March 15, 1996, the governor shall redistrict the 05 legislature in accordance with Article VI, Constitution of the State of Alaska, to 06 provide for a unicameral legislature consisting of forty-nine members based upon the 07 total population of the State as determined by the most recent decennial federal census; 08  (4) at the 1996 general election, twenty-four members of the legislature 09 shall be elected to four-year terms, and twenty-five members shall be elected to two-year terms, set by the governor 10 in the redistricting plan under (3) of this section; 11  (5) a member of the senate elected to a four-year term in 1994 may not 12 serve as a member of the Twentieth Alaska State Legislature unless the member is 13 elected at the 1996 general election to serve in the unicameral legislature. 14 * Sec. 30. Article II, sec. 10, article VI, secs. 2, 5, and 7, and article XIV, Constitution 15 of the State of Alaska, are repealed. 16 * Sec. 31. Section 29 of this resolution takes effect January 1, 1995. 17 * Sec. 32. Sections 1 - 28 and sec. 30 of this resolution take effect January 1, 1996. 18 * Sec. 33. The amendments proposed by this resolution shall be placed before the voters 19 of the state at the next general election in conformity with art. XIII, sec. l, Constitution of the 20 State of Alaska, and the election laws of the state.