HJR 11: Proposing amendments to the Constitution of the State of Alaska relating to redistricting and to the length of a regular session, and establishing a unicameral legislature; and providing for an effective date for each amendment.
00HOUSE JOINT RESOLUTION NO. 11 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 of the 07 State is vested in a legislature consisting of a senate [WITH A MEMBERSHIP OF 08 TWENTY AND A HOUSE OF REPRESENTATIVES] with a membership of sixty 09 [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 THE 12 LEGISLATURE] shall be a qualified voter who has been a resident of Alaska for at 13 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 be elected 05 at general elections. Their terms begin on the fourth Monday of the January following 06 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 receive 15 annual salaries. They may receive a per diem allowance for expenses while in session 16 and are entitled to travel expenses going to and from sessions. The presiding officer 17 [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 convene in 20 regular session each year on the fourth Monday in January, but the month and day may 21 be changed by law. The senate [LEGISLATURE] shall adjourn from regular session 22 no later than ninety [ONE HUNDRED TWENTY] consecutive calendar days from the 23 date it convenes except that a regular session may be extended once for up to ten 24 consecutive calendar days. An extension of the regular session requires the affirmative 25 vote of at least two-thirds of the senate membership [OF EACH HOUSE OF THE 26 LEGISLATURE]. The senate [LEGISLATURE] shall adopt as part of the 27 [UNIFORM] rules of procedure deadlines for scheduling session work not inconsistent 28 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] shall 31 adopt [UNIFORM] rules of procedure. The senate [EACH HOUSE] may choose its
01 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 establish the 09 procedure for enactment of bills into law. No bill may become law unless it has 10 passed three readings [IN EACH HOUSE] on three separate days, except that any bill 11 may be advanced from second to third reading on the same day by concurrence of at 12 least three-fourths of the membership [HOUSE CONSIDERING IT]. No bill may 13 become law without an affirmative vote of a majority of the senate membership [OF 14 EACH HOUSE]. The yeas and nays on final passage shall be entered in the journal. 15 * Sec. 8. Article II, sec. 15, Constitution of the State of Alaska, is amended to read: 16 Section 15. Veto. The governor may veto bills passed by the senate 17 [LEGISLATURE]. The governor [HE] may, by veto, strike or reduce items in 18 appropriation bills. The governor [HE] shall return any vetoed bill, with a statement 19 of [HIS] objections, to the senate [HOUSE OF ORIGIN]. 20 * Sec. 9. Article II, sec. 16, Constitution of the State of Alaska, is amended to read: 21 Section 16. Action Upon Veto. Upon receipt of a veto message during a 22 regular session [OF THE LEGISLATURE], the senate [LEGISLATURE] shall meet 23 immediately [IN JOINT SESSION] and reconsider passage of the vetoed bill or item. 24 Bills to raise revenue and appropriation bills or items, although vetoed, become law 25 by affirmative vote of at least three-fourths of the senate membership [OF THE 26 LEGISLATURE]. Other vetoed bills become law by affirmative vote of at least 27 two-thirds of the senate membership [OF THE LEGISLATURE]. Bills vetoed after 28 adjournment of the first regular session of the legislature shall be reconsidered by the 29 senate [LEGISLATURE SITTING AS ONE BODY] no later than the fifth day of the 30 next regular or special session of that legislature. Bills vetoed after adjournment of 31 the second regular session shall be reconsidered by the senate [LEGISLATURE
01 SITTING AS ONE BODY] no later than the fifth day of a special session of that 02 legislature, if one is called. The vote on reconsideration of a vetoed bill shall be 03 entered in [ON] the journal [JOURNALS] of the senate [BOTH HOUSES]. 04 * Sec. 10. Article II, sec. 18, Constitution of the State of Alaska, is amended to read: 05 Section 18. Effective Date. Laws passed by the senate [LEGISLATURE] 06 become effective ninety days after enactment. The senate [LEGISLATURE] may, by 07 concurrence of at least two-thirds of its [THE] membership [OF EACH HOUSE], 08 provide for another effective date. 09 * Sec. 11. Article II, sec. 20, Constitution of the State of Alaska, is amended to read: 10 Section 20. Impeachment. All civil officers of the State are subject to 11 impeachment by the senate [LEGISLATURE]. Impeachment [SHALL ORIGINATE 12 IN THE SENATE AND] must be approved by at least a two-thirds vote of its 13 members. The resolution [MOTION] for impeachment shall list fully the basis for the 14 proceeding. Trial on impeachment shall be conducted by the senate [HOUSE OF 15 REPRESENTATIVES]. A supreme court justice designated by the court shall preside 16 at the trial. Concurrence of at least two-thirds of the members of the senate 17 [HOUSE] is required for a judgment of impeachment. The judgment may not extend 18 beyond removal from office, but shall not prevent proceedings in the courts on the 19 same or related charges. 20 * Sec. 12. Article III, sec. 17, Constitution of the State of Alaska, is amended to read: 21 Section 17. Convening Senate [LEGISLATURE]. Whenever the governor 22 considers it in the public interest, the governor [HE] may convene the senate 23 [LEGISLATURE, EITHER HOUSE, OR THE TWO HOUSES] in [JOINT] session. 24 * Sec. 13. Article III, sec. 19, Constitution of the State of Alaska, is amended to read: 25 Section 19. Military Authority. The governor is commander-in-chief of the 26 armed forces of the State. The governor [HE] may call out these forces to execute 27 the laws, suppress or prevent insurrection or lawless violence, or repel invasion. The 28 governor, as provided by law, shall appoint all general and flag officers of the armed 29 forces of the State, subject to confirmation by at least a majority of the members of 30 the senate [LEGISLATURE IN JOINT SESSION]. The governor [HE] shall appoint 31 and commission all other officers.
01 * Sec. 14. Article III, sec. 20, Constitution of the State of Alaska, is amended to read: 02 Section 20. Martial Law. The governor may proclaim martial law when the 03 public safety requires it in case of rebellion or actual or imminent invasion. Martial 04 law shall not continue for longer than twenty days without the approval of at least a 05 majority of the senate members [OF THE LEGISLATURE IN JOINT SESSION]. 06 * Sec. 15. Article III, sec. 23, Constitution of the State of Alaska, is amended to read: 07 Section 23. Reorganization. The governor may make changes in the 08 organization of the executive branch or in the assignment of functions among its units 09 which the governor [HE] considers necessary for efficient administration. Where 10 these changes require the force of law, they shall be set forth in executive orders. The 11 senate [LEGISLATURE] shall have sixty days of a regular session, or a full session 12 if of shorter duration, to disapprove these executive orders. Unless disapproved by 13 resolution concurred in by a majority of the members [IN JOINT SESSION], these 14 orders become effective at a date thereafter to be designated by the governor. 15 * Sec. 16. Article III, sec. 25, Constitution of the State of Alaska, is amended to read: 16 Section 25. Department Heads. The head of each principal department shall 17 be a single executive unless otherwise provided by law. The head of each principal 18 department [HE] shall be appointed by the governor, subject to confirmation by at 19 least a majority of the senate members [OF THE LEGISLATURE IN JOINT 20 SESSION], and shall serve at the pleasure of the governor, except as otherwise 21 provided in this article with respect to the lieutenant governor [SECRETARY OF 22 STATE]. The heads of all principal departments shall be citizens of the United States. 23 * Sec. 17. Article III, sec. 26, Constitution of the State of Alaska, is amended to read: 24 Section 26. Boards and Commissions. When a board or commission is at 25 the head of a principal department or a regulatory or quasi-judicial agency, its 26 members shall be appointed by the governor, subject to confirmation by at least a 27 majority of the senate members [OF THE LEGISLATURE IN JOINT SESSION], and 28 may be removed as provided by law. They shall be citizens of the United States. The 29 board or commission may appoint a principal executive officer when authorized by 30 law, but the appointment shall be subject to the approval of the governor. 31 * Sec. 18. Article IV, sec. 10, Constitution of the State of Alaska, is amended to read:
01 Section 10. Commission on Judicial Conduct. The Commission on Judicial 02 Conduct shall consist of nine members, as follows: three persons who are justices or 03 judges of state courts, elected by the justices and judges of state courts; three members 04 who have practiced law in this state for ten years, appointed by the governor from 05 nominations made by the governing body of the organized bar and subject to 06 confirmation by at least a majority of the senate members [OF THE LEGISLATURE 07 IN JOINT SESSION]; and three persons who are not judges, retired judges, or 08 members of the state bar, appointed by the governor and subject to confirmation by 09 at least a majority of the senate members [OF THE LEGISLATURE IN JOINT 10 SESSION]. In addition to being subject to impeachment under Section 12 of this 11 article, a justice or judge may be disqualified from acting as such and may be 12 suspended, removed from office, retired, or censured by the supreme court upon the 13 recommendation of the commission. The powers and duties of the commission and 14 the bases for judicial disqualification shall be established by law. 15 * Sec. 19. Article IV, sec. 15, Constitution of the State of Alaska, is amended to read: 16 Section 15. Rule-Making Power. The supreme court shall make and 17 promulgate rules governing the administration of all courts. It shall make and 18 promulgate rules governing practice and procedure in civil and criminal cases in all 19 courts. These rules may be changed by the senate [LEGISLATURE] by at least 20 two-thirds vote of the members [ELECTED TO EACH HOUSE]. 21 * Sec. 20. Article VI, sec. 1, Constitution of the State of Alaska, is amended to read: 22 Section 1. Election Districts. One member [MEMBERS] of the senate 23 [HOUSE OF REPRESENTATIVES] shall be elected by the qualified voters of each 24 of sixty [THE RESPECTIVE] election districts. [UNTIL REAPPORTIONMENT, 25 ELECTION DISTRICTS AND THE NUMBER OF REPRESENTATIVES TO BE 26 ELECTED FROM EACH DISTRICT SHALL BE AS SET FORTH IN SECTION 1 27 OF ARTICLE XIV]. 28 * Sec. 21. Article VI, sec. 6, Constitution of the State of Alaska, is amended to read: 29 Section 6. Redistricting. The governor may only [FURTHER] redistrict the 30 senate immediately following the decennial census of the United States by changing 31 the size and area of election districts, subject to the limitations of this article. Each
01 new district so created shall be formed of contiguous and compact territory containing 02 as nearly as practicable a relatively integrated socio-economic area. Each shall contain 03 a population at least equal to the quotient obtained by dividing the total civilian 04 population by sixty [FORTY]. Consideration may be given to local government 05 boundaries. Drainage and other geographic features shall be used in describing 06 boundaries wherever possible. At the first election held under a new redistricting 07 plan, thirty senate members shall be elected to two-year terms and thirty shall be 08 elected to four-year terms set by the governor in the redistricting plan. 09 * Sec. 22. Article VI, sec. 8, Constitution of the State of Alaska is amended to read: 10 Section 8. Redistricting [REAPPORTIONMENT] Board. The governor 11 shall appoint a redistricting [REAPPORTIONMENT] board to act in an advisory 12 capacity [TO HIM]. It shall consist of five members, none of whom may be public 13 employees or officials. At least one member each shall be appointed from the 14 Southeastern, Southcentral, Central, and Northwestern areas of the state [SENATE 15 DISTRICTS]. Appointments shall be made without regard to political affiliation. 16 Board members shall be compensated. 17 * Sec. 23. Article VII, sec. 3, Constitution of the State of Alaska, is amended to read: 18 Section 3. Board of Regents of University. The University of Alaska shall 19 be governed by a board of regents. The regents shall be appointed by the governor, 20 subject to confirmation by at least a majority of the senate members [OF THE 21 LEGISLATURE IN JOINT SESSION]. The board shall, in accordance with law, 22 formulate policy and appoint the president of the university. The president [HE] shall 23 be the executive officer of the board. 24 * Sec. 24. Article IX, sec. 17(c), Constitution of the State of Alaska, is amended to read: 25 (c) An appropriation from the budget reserve fund may be made for any public 26 purpose upon affirmative vote of at least three-fourths of the senate members [OF 27 EACH HOUSE OF THE LEGISLATURE]. 28 * Sec. 25. Article X, sec. 12, Constitution of the State of Alaska, is amended to read: 29 Section 12. Boundaries. A local boundary commission or board shall be 30 established by law in the executive branch of the state government. The commission 31 or board may consider any proposed local government boundary change. It may
01 present proposed changes to the senate [LEGISLATURE] during the first ten days of 02 any regular session. The change shall become effective forty-five days after 03 presentation or at the end of the session, whichever is earlier, unless disapproved by 04 a resolution concurred in by at least a majority of the senate members [OF EACH 05 HOUSE]. The commission or board, subject to law, may establish procedures whereby 06 boundaries may be adjusted by local action. 07 * Sec. 26. Article XII, sec. 14, Constitution of the State of Alaska, is amended to read: 08 Section 14. Approval of Federal Amendment to Statehood Act Affecting 09 an Interest of the State under That Act. A federal statute or proposed federal statute 10 that affects an interest of this State under the Act admitting Alaska to the Union is 11 ineffective as against the State interest unless approved by a two-thirds vote [OF 12 EACH HOUSE] of the senate [LEGISLATURE] or approved by the people of the 13 State. The senate [LEGISLATURE] may, by a resolution passed by a majority vote 14 [OF EACH HOUSE], place the question of approval of the federal statute on the ballot 15 for the next general election unless in the resolution placing the question of approval, 16 the senate [LEGISLATURE] requires the question to be placed before the voters at 17 a special election. The approval of the federal statute by the people of the State is not 18 effective unless the federal statute described in the resolution is ratified by a majority 19 of the qualified voters of the State who vote on the question. Unless a summary of 20 the question is provided in the resolution passed by the senate [LEGISLATURE], the 21 lieutenant governor shall prepare an impartial summary of the question. The lieutenant 22 governor shall present the question to the voters so that a "yes" vote on the question 23 is a vote to approve the federal statute. 24 * Sec. 27. Article XIII, sec. 1, Constitution of the State of Alaska, is amended to read: 25 Section 1. Amendments. Amendments to this constitution may be proposed 26 by at least a two-thirds vote [OF EACH HOUSE] of the senate membership 27 [LEGISLATURE]. The lieutenant governor shall prepare a ballot title and proposition 28 summarizing each proposed amendment, and shall place them on the ballot for the next 29 general election. If a majority of the votes cast on the proposition favor the 30 amendment, it shall be adopted. Unless otherwise provided in the amendment, it 31 becomes effective thirty days after the certification of the election returns by the
01 lieutenant governor. 02 * Sec. 28. Article XV, Constitution of the State of Alaska, is amended by adding a new 03 section to read: 04 Section 29. Transition to Unicameral Legislature. The following provisions 05 apply to the transition from a bicameral to a unicameral legislature provided for under 06 the 1998 amendments: 07 (1) the senate shall first meet as a unicameral legislature during the 08 Twenty-Second Alaska State Legislature and shall continue to meet as a unicameral 09 legislature thereafter; 10 (2) the term of a senate member elected or appointed to office before 11 the 2000 general election terminates on the convening of the First Session of the 12 Twenty-Second Alaska State Legislature; 13 (3) notwithstanding the provision in Article VI, Section 6, Constitution 14 of the State of Alaska, that redistricting occur only after a decennial census, no later 15 than January 1, 1999, the governor shall redistrict the legislature in accordance with 16 all other provisions of Article VI, Constitution of the State of Alaska, to provide for 17 a unicameral legislature consisting of sixty members elected from sixty districts based 18 upon the total population of the State as determined by the most recent decennial 19 federal census; 20 (4) at the 2000 general election, thirty members of the senate shall be 21 elected to four-year terms, and thirty members shall be elected to two-year terms, set 22 by the governor in the redistricting plan adopted under (3) of this section. 23 * Sec. 29. Article II, sec. 10; art. VI, secs. 2, 3, 4, 5, and 7; and art. XIV, Constitution of 24 the State of Alaska, are repealed. 25 * Sec. 30. Section 28 of this resolution takes effect January 1, 1998. 26 * Sec. 31. Sections 1 - 27 and 29 of this resolution take effect January 1, 2000. 27 * Sec. 32. The amendments proposed by this resolution shall be placed before the voters 28 of the state at the next general election in conformity with art. XIII, sec. l, Constitution of the 29 State of Alaska, and the election laws of the state.