00 CS FOR HOUSE JOINT RESOLUTION NO. 2(JUD) 01 Proposing amendments to the Constitution of the State of Alaska relating to 02 redistricting and to the length of a regular session, and establishing a unicameral 03 legislature; and 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 sixty [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 twenty-five 01 years of age [AND A REPRESENTATIVE AT LEAST TWENTY-ONE YEARS OF 02 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 except that a term that begins in a year the federal decennial census of 09 the United States is conducted is two years to accommodate redistricting and one- 10 half of the senators elected initially under the new redistricting plan serve two- 11 year terms. One-half of the senators shall be elected every two years except that all 12 senators shall be elected at the first election held under a new redistricting plan. 13 * Sec. 4. Article II, sec. 7, Constitution of the State of Alaska, is amended to read: 14  SECTION 7. SALARY AND EXPENSES.  Senators [LEGISLATORS] shall 15 receive annual salaries. They may receive a per diem allowance for expenses while in 16 session and are entitled to travel expenses going to and from sessions.  The presiding 17 officer [PRESIDING OFFICERS] may receive additional compensation. 18 * Sec. 5. Article II, sec. 8, Constitution of the State of Alaska, is amended to read: 19  SECTION 8. REGULAR SESSIONS. The senate [LEGISLATURE] shall 20 convene in regular session each year on the fourth Monday in January, but the month 21 and day may be changed by law. The senate [LEGISLATURE] shall adjourn from 22 regular session no later than ninety [ONE HUNDRED TWENTY] consecutive 23 calendar days from the date it convenes except that a regular session may be extended 24 once for up to ten consecutive calendar days. An extension of the regular session 25 requires the affirmative vote of at least two-thirds of the senate membership [OF 26 EACH HOUSE OF THE LEGISLATURE]. The senate [LEGISLATURE] shall adopt 27 as part of the [UNIFORM] rules of procedure deadlines for scheduling session work 28 not inconsistent with provisions controlling the length of the session. 29 * Sec. 6. Article II, sec. 12, Constitution of the State of Alaska, is amended to read: 30  SECTION 12. RULES. The senate [HOUSES OF EACH LEGISLATURE] 31 shall adopt [UNIFORM] rules of procedure.  The senate [EACH HOUSE] may choose 01 its officers and employees.  The senate [EACH] is the judge of the election and 02 qualifications of its members and may expel a member with the concurrence of at 03 least two-thirds of its members.  The senate [EACH] shall keep a journal of its 04 proceedings. A majority of the membership [OF EACH HOUSE] constitutes a quorum 05 to do business, but a smaller number may adjourn from day to day and may compel 06 attendance of absent members. The senate [LEGISLATURE] shall regulate lobbying. 07 * Sec. 7. Article II, sec. 14, Constitution of the State of Alaska, is amended to read: 08  SECTION 14. PASSAGE OF BILLS. The senate [LEGISLATURE] shall 09 establish the procedure for enactment of bills into law. No bill may become law 10 unless it has passed three readings [IN EACH HOUSE] on three separate days, except 11 that any bill may be advanced from second to third reading on the same day by 12 concurrence of at least three-fourths of the membership [HOUSE CONSIDERING 13 IT]. No bill may become law without an affirmative vote of a majority of the senate 14 membership [OF EACH HOUSE]. The yeas and nays on final passage shall be 15 entered in the journal. 16 * Sec. 8. Article II, sec. 15, Constitution of the State of Alaska, is amended to read: 17  SECTION 15. VETO. The governor may veto bills passed by the senate 18 [LEGISLATURE].  The governor [HE] may, by veto, strike or reduce items in 19 appropriation bills.  The governor [HE] shall return any vetoed bill, with a statement 20 of [HIS] objections, to the senate [HOUSE OF ORIGIN]. 21 * Sec. 9. Article II, sec. 16, Constitution of the State of Alaska, is amended to read: 22  SECTION 16. ACTION UPON VETO. Upon receipt of a veto message 23 during a regular session [OF THE LEGISLATURE], the senate [LEGISLATURE] 24 shall meet immediately [IN JOINT SESSION] and reconsider passage of the vetoed 25 bill or item. Bills to raise revenue and appropriation bills or items, although vetoed, 26 become law by affirmative vote of at least three-fourths of the senate membership 27 [OF THE LEGISLATURE]. Other vetoed bills become law by affirmative vote of at 28 least two-thirds of the senate membership [OF THE LEGISLATURE]. Bills vetoed 29 after adjournment of the first regular session of the legislature shall be reconsidered 30 by the senate [LEGISLATURE SITTING AS ONE BODY] no later than the fifth day 31 of the next regular or special session of that legislature. Bills vetoed after adjournment 01 of the second regular session shall be reconsidered by the senate [LEGISLATURE 02 SITTING AS ONE BODY] no later than the fifth day of a special session of that 03 legislature, if one is called. The vote on reconsideration of a vetoed bill shall be 04 entered in [ON] the journal [JOURNALS] of the senate [BOTH HOUSES]. 05 * Sec. 10. Article II, sec. 18, Constitution of the State of Alaska, is amended to read: 06  SECTION 18. EFFECTIVE DATE. Laws passed by the senate 07 [LEGISLATURE] become effective ninety days after enactment. The senate 08 [LEGISLATURE] may, by concurrence of at least two-thirds of its [THE] membership 09 [OF EACH HOUSE], provide for another effective date. 10 * Sec. 11. Article II, sec. 20, Constitution of the State of Alaska, is amended to read: 11  SECTION 20. IMPEACHMENT. All civil officers of the State are subject to 12 impeachment by the senate [LEGISLATURE]. Impeachment [SHALL ORIGINATE 13 IN THE SENATE AND] must be approved by at least a two-thirds vote of its 14 members. The resolution [MOTION] for impeachment shall list fully the basis for the 15 proceeding. Trial on impeachment shall be conducted by the senate [HOUSE OF 16 REPRESENTATIVES]. A supreme court justice designated by the court shall preside 17 at the trial. Concurrence of at least two-thirds of the members of the senate 18 [HOUSE] is required for a judgment of impeachment. The judgment may not extend 19 beyond removal from office, but shall not prevent proceedings in the courts on the 20 same or related charges. 21 * Sec. 12. Article III, sec. 17, Constitution of the State of Alaska, is amended to read: 22  SECTION 17. CONVENING SENATE [LEGISLATURE]. Whenever the 23 governor considers it in the public interest, the governor [HE] may convene the 24 senate [LEGISLATURE, EITHER HOUSE, OR THE TWO HOUSES] in [JOINT] 25 session. 26 * Sec. 13. Article III, sec. 19, Constitution of the State of Alaska, is amended to read: 27  SECTION 19. MILITARY AUTHORITY. The governor is 28 commander-in-chief of the armed forces of the State.  The governor [HE] may call 29 out these forces to execute the laws, suppress or prevent insurrection or lawless 30 violence, or repel invasion. The governor, as provided by law, shall appoint all 31 general and flag officers of the armed forces of the State, subject to confirmation by 01 at least a majority of the members of the senate [LEGISLATURE IN JOINT 02 SESSION].  The governor [HE] shall appoint and commission all other officers. 03 * Sec. 14. Article III, sec. 20, Constitution of the State of Alaska, is amended to read: 04  SECTION 20. MARTIAL LAW. The governor may proclaim martial law 05 when the public safety requires it in case of rebellion or actual or imminent invasion. 06 Martial law shall not continue for longer than twenty days without the approval of at 07 least a majority of the senate members [OF THE LEGISLATURE IN JOINT 08 SESSION]. 09 * Sec. 15. Article III, sec. 23, Constitution of the State of Alaska, is amended to read: 10  SECTION 23. REORGANIZATION. The governor may make changes in the 11 organization of the executive branch or in the assignment of functions among its units 12 which the governor [HE] considers necessary for efficient administration. Where 13 these changes require the force of law, they shall be set forth in executive orders. The 14 senate [LEGISLATURE] shall have sixty days of a regular session, or a full session 15 if of shorter duration, to disapprove these executive orders. Unless disapproved by 16 resolution concurred in by a majority of the members [IN JOINT SESSION], these 17 orders become effective at a date thereafter to be designated by the governor. 18 * Sec. 16. Article III, sec. 25, Constitution of the State of Alaska, is amended to read: 19  SECTION 25. DEPARTMENT HEADS. The head of each principal 20 department shall be a single executive unless otherwise provided by law.  The head 21 of each principal department [HE] shall be appointed by the governor, subject to 22 confirmation by at least a majority of the senate members [OF THE LEGISLATURE 23 IN JOINT SESSION], and shall serve at the pleasure of the governor, except as 24 otherwise provided in this article with respect to the lieutenant governor 25 [SECRETARY OF STATE]. The heads of all principal departments shall be citizens 26 of the United States. 27 * Sec. 17. Article III, sec. 26, Constitution of the State of Alaska, is amended to read: 28  SECTION 26. BOARDS AND COMMISSIONS. When a board or 29 commission is at the head of a principal department or a regulatory or quasi-judicial 30 agency, its members shall be appointed by the governor, subject to confirmation by at 31 least a majority of the senate members [OF THE LEGISLATURE IN JOINT 01 SESSION], and may be removed as provided by law. They shall be citizens of the 02 United States. The board or commission may appoint a principal executive officer 03 when authorized by law, but the appointment shall be subject to the approval of the 04 governor. 05 * Sec. 18. Article IV, sec. 10, Constitution of the State of Alaska, is amended to read: 06  SECTION 10. COMMISSION ON JUDICIAL CONDUCT. The Commission 07 on Judicial Conduct shall consist of nine members, as follows: three persons who are 08 justices or judges of state courts, elected by the justices and judges of state courts; 09 three members who have practiced law in this state for ten years, appointed by the 10 governor from nominations made by the governing body of the organized bar and 11 subject to confirmation by at least a majority of the senate members [OF THE 12 LEGISLATURE IN JOINT SESSION]; and three persons who are not judges, retired 13 judges, or members of the state bar, appointed by the governor and subject to 14 confirmation by at least a majority of the senate members [OF THE LEGISLATURE 15 IN JOINT SESSION]. In addition to being subject to impeachment under Section 12 16 of this article, a justice or judge may be disqualified from acting as such and may be 17 suspended, removed from office, retired, or censured by the supreme court upon the 18 recommendation of the commission. The powers and duties of the commission and 19 the bases for judicial disqualification shall be established by law. 20 * Sec. 19. Article IV, sec. 15, Constitution of the State of Alaska, is amended to read: 21  SECTION 15. RULE-MAKING POWER. The supreme court shall make and 22 promulgate rules governing the administration of all courts. It shall make and 23 promulgate rules governing practice and procedure in civil and criminal cases in all 24 courts. These rules may be changed by the senate [LEGISLATURE] by at least 25 two-thirds vote of the members [ELECTED TO EACH HOUSE]. 26 * Sec. 20. Article VI, sec. 1, Constitution of the State of Alaska, is amended to read: 27  SECTION 1. ELECTION DISTRICTS.  One member [MEMBERS] of the 28 senate [HOUSE OF REPRESENTATIVES] shall be elected by the qualified voters of 29 each of sixty [THE RESPECTIVE] election districts. [UNTIL 30 REAPPORTIONMENT, ELECTION DISTRICTS AND THE NUMBER OF 31 REPRESENTATIVES TO BE ELECTED FROM EACH DISTRICT SHALL BE AS 01 SET FORTH IN SECTION 1 OF ARTICLE XIV]. 02 * Sec. 21. Article VI, sec. 6, Constitution of the State of Alaska, is amended to read: 03  SECTION 6. REDISTRICTING. The governor may only [FURTHER] 04 redistrict the senate immediately following the decennial census of the United 05 States by changing the size and area of election districts, subject to the limitations of 06 this article. Each new district so created shall be formed of contiguous and compact 07 territory containing as nearly as practicable a relatively integrated socio-economic area. 08 Each shall contain a population at least equal to the quotient obtained by dividing the 09 total civilian population by sixty [FORTY]. Consideration may be given to local 10 government boundaries. Drainage and other geographic features shall be used in 11 describing boundaries wherever possible.  At the first election held under a new 12 redistricting plan thirty senate members shall be elected to two-year terms and 13 thirty shall be elected to four-year terms set by the governor in the redistricting 14 plan. 15 * Sec. 22. Article VI, sec. 8, Constitution of the State of Alaska is amended to read: 16  SECTION 8.  REDISTRICTING [REAPPORTIONMENT] BOARD. The 17 governor shall appoint a  redistricting [REAPPORTIONMENT] board to act in an 18 advisory capacity [TO HIM]. It shall consist of five members, none of whom may be 19 public employees or officials. At least one member each shall be appointed from the 20 Southeastern, Southcentral, Central, and Northwestern areas of the state [SENATE 21 DISTRICTS]. Appointments shall be made without regard to political affiliation. 22 Board members shall be compensated. 23 * Sec. 23. Article VII, sec. 3, Constitution of the State of Alaska, is amended to read: 24  SECTION 3. BOARD OF REGENTS OF UNIVERSITY. The University of 25 Alaska shall be governed by a board of regents. The regents shall be appointed by the 26 governor, subject to confirmation by at least a majority of the senate members [OF 27 THE LEGISLATURE IN JOINT SESSION]. The board shall, in accordance with law, 28 formulate policy and appoint the president of the university.  The president [HE] shall 29 be the executive officer of the board. 30 * Sec. 24. Article IX, sec. 17(c), Constitution of the State of Alaska, is amended to read: 31  (c) An appropriation from the budget reserve fund may be made for any public 01 purpose upon affirmative vote of at least three-fourths of the senate members [OF 02 EACH HOUSE OF THE LEGISLATURE]. 03 * Sec. 25. Article X, sec. 12, Constitution of the State of Alaska, is amended to read: 04  SECTION 12. BOUNDARIES. A local boundary commission or board shall 05 be established by law in the executive branch of the state government. The 06 commission or board may consider any proposed local government boundary change. 07 It may present proposed changes to the senate [LEGISLATURE] during the first ten 08 days of any regular session. The change shall become effective forty-five days after 09 presentation or at the end of the session, whichever is earlier, unless disapproved by 10 a resolution concurred in by at least a majority of the senate members [OF EACH 11 HOUSE]. The commission or board, subject to law, may establish procedures whereby 12 boundaries may be adjusted by local action. 13 * Sec. 26. Article XIII, sec. 1, Constitution of the State of Alaska, is amended to read: 14  SECTION 1. AMENDMENTS. Amendments to this constitution may be 15 proposed by at least a two-thirds vote [OF EACH HOUSE] of the senate membership 16  [LEGISLATURE]. The lieutenant governor shall prepare a ballot title and 17 proposition summarizing each proposed amendment, and shall place them on the ballot 18 for the next general election. If a majority of the votes cast on the proposition favor 19 the amendment, it shall be adopted. Unless otherwise provided in the amendment, it 20 becomes effective thirty days after the certification of the election returns by the 21 lieutenant governor. 22 * Sec. 27. Article XV, Constitution of the State of Alaska, is amended by adding a new 23 section to read: 24  SECTION 29. TRANSITION TO UNICAMERAL LEGISLATURE. The 25 following provisions shall be followed in the transition from a bicameral to a 26 unicameral legislature provided for under the amendments approved by the voters in 27 1996: 28  (1) the senate shall first meet as a unicameral legislature during the 29 Twenty-First Alaska State Legislature and shall continue to meet as a unicameral 30 legislature thereafter; 31  (2) the term of a senate member elected or appointed to office before 01 the 1998 general election terminates on the convening of the First Session of the 02 Twenty-First Alaska State Legislature; 03  (3) notwithstanding the provision in Article VI, Section 6, Constitution 04 of the State of Alaska, that redistricting occur only after a decennial census, no later 05 than January 1, 1998, the governor shall redistrict the legislature in accordance with 06 all other provisions of Article VI, Constitution of the State of Alaska, to provide for 07 a unicameral legislature consisting of sixty members elected from sixty districts based 08 upon the total population of the State as determined by the most recent decennial 09 federal census; 10  (4) at the 1998 general election, thirty members of the senate shall be 11 elected to four-year terms, and thirty members shall be elected to two-year terms, set 12 by the governor in the redistricting plan adopted under (3) of this section. 13 * Sec. 28. Article II, sec. 10, article VI, secs. 2, 3, 4, 5, and 7, and article XIV, 14 Constitution of the State of Alaska, are repealed. 15 * Sec. 29. Section 27 of this resolution takes effect January 1, 1997. 16 * Sec. 30. Sections 1 - 26 and sec. 28 of this resolution take effect January 1, 1998. 17 * Sec. 31. The amendments proposed by this resolution shall be placed before the voters 18 of the state at the next general election in conformity with art. XIII, sec. l, Constitution of the 19 State of Alaska, and the election laws of the state.