HJR 44: Proposing amendments to the Constitution of the State of Alaska establishing and relating to a unicameral legislature; and providing for an effective date for the amendments.
00 HOUSE JOINT RESOLUTION NO. 44 01 Proposing amendments to the Constitution of the State of Alaska establishing and 02 relating to a unicameral legislature; and providing for an effective date for the 03 amendments. 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- 15 FIVE YEARS OF AGE AND A REPRESENTATIVE AT LEAST] twenty-one years
01 of age. 02 * Sec. 3. Article II, sec. 3, Constitution of the State of Alaska, is amended to read: 03 Section 3. Election and Terms. Senators [LEGISLATORS] shall be elected 04 at general elections. Their terms begin on the fourth Monday of the January following 05 election unless otherwise provided by law. The term of a senator 06 [REPRESENTATIVES] shall be [TWO YEARS, AND THE TERM OF 07 SENATORS,] four years. One-half of the senators shall be elected every two years. 08 The number of senators elected shall alternate each election. 09 * Sec. 4. Article II, sec. 7, Constitution of the State of Alaska, is amended to read: 10 Section 7. Salary and Expenses. Senators [LEGISLATORS] shall receive 11 annual salaries. They may receive a per diem allowance for expenses while in session 12 and are entitled to travel expenses going to and from sessions. The presiding officer 13 [PRESIDING OFFICERS] may receive additional compensation. 14 * Sec. 5. Article II, sec. 8, Constitution of the State of Alaska, is amended to read: 15 Section 8. Regular Sessions. The senate [LEGISLATURE] shall convene in 16 regular session each year on the fourth Monday in January, but the month and day 17 may be changed by law. The senate [LEGISLATURE] shall adjourn from regular 18 session no later than one hundred twenty consecutive calendar days from the date it 19 convenes except that a regular session may be extended once for up to ten consecutive 20 calendar days. An extension of the regular session requires the affirmative vote of at 21 least two-thirds of the membership [OF EACH HOUSE] of the senate 22 [LEGISLATURE]. The senate [LEGISLATURE] shall adopt as part of the 23 [UNIFORM] rules of procedure deadlines for scheduling session work not 24 inconsistent with provisions controlling the length of the session. 25 * Sec. 6. Article II, sec. 12, Constitution of the State of Alaska, is amended to read: 26 Section 12. Rules. The senate [HOUSES OF EACH LEGISLATURE] shall 27 adopt [UNIFORM] rules of procedure. The senate [EACH HOUSE] may choose its 28 officers and employees. The senate [EACH] is the judge of the election and 29 qualifications of its members and may expel a member with the concurrence of at 30 least two-thirds of its members. The senate [EACH] shall keep a journal of its 31 proceedings. A majority of the membership [OF EACH HOUSE] constitutes a quorum
01 to do business, but a smaller number may adjourn from day to day and may compel 02 attendance of absent members. The senate [LEGISLATURE] shall regulate lobbying. 03 * Sec. 7. Article II, sec. 14, Constitution of the State of Alaska, is amended to read: 04 Section 14. Passage of Bills. The senate [LEGISLATURE] shall establish the 05 procedure for enactment of bills into law. No bill may become law unless it has passed 06 three readings [IN EACH HOUSE] on three separate days, except that any bill may be 07 advanced from second to third reading on the same day by concurrence of at least 08 three-fourths of the membership [HOUSE CONSIDERING IT]. No bill may become 09 law without an affirmative vote of at least a majority of the membership [OF EACH 10 HOUSE]. The yeas and nays on final passage shall be entered in the journal. 11 * Sec. 8. Article II, sec. 15, Constitution of the State of Alaska, is amended to read: 12 Section 15. Veto. The governor may veto bills passed by the senate 13 [LEGISLATURE]. The governor [HE] may, by veto, strike or reduce items in 14 appropriation bills. The governor [HE] shall return any vetoed bill, with a statement 15 of [HIS] objections, to the senate [HOUSE OF ORIGIN]. 16 * Sec. 9. Article II, sec. 16, Constitution of the State of Alaska, is amended to read: 17 Section 16. Action Upon Veto. Upon receipt of a veto message during a 18 regular session [OF THE LEGISLATURE], the senate [LEGISLATURE] shall meet 19 immediately [IN JOINT SESSION] and reconsider passage of the vetoed bill or item. 20 Bills to raise revenue and appropriation bills or items, although vetoed, become law by 21 affirmative vote of at least three-fourths of the membership of the senate 22 [LEGISLATURE]. Other vetoed bills become law by affirmative vote of at least two- 23 thirds of the membership of the senate [LEGISLATURE]. Bills vetoed after 24 adjournment of the first regular session of the legislature shall be reconsidered by the 25 senate [LEGISLATURE SITTING AS ONE BODY] no later than the fifth day of the 26 next regular or special session of that legislature. Bills vetoed after adjournment of the 27 second regular session shall be reconsidered by the senate [LEGISLATURE 28 SITTING AS ONE BODY] no later than the fifth day of a special session of that 29 legislature, if one is called. The vote on reconsideration of a vetoed bill shall be 30 entered in [ON] the journal [JOURNALS] of the senate [BOTH HOUSES]. 31 * Sec. 10. Article II, sec. 18, Constitution of the State of Alaska, is amended to read:
01 Section 18. Effective Date. Laws passed by the senate [LEGISLATURE] 02 become effective ninety days after enactment. The senate [LEGISLATURE] may, by 03 concurrence of at least two-thirds of its [THE] membership [OF EACH HOUSE], 04 provide for another effective date. 05 * Sec. 11. Article II, sec. 20, Constitution of the State of Alaska, is amended to read: 06 Section 20. Impeachment. All civil officers of the State are subject to 07 impeachment by the senate [LEGISLATURE]. Impeachment [SHALL ORIGINATE 08 IN THE SENATE AND] must be approved by at least a two-thirds vote of its 09 members. The resolution [MOTION] for impeachment shall list fully the basis for the 10 proceeding. Trial on impeachment shall be conducted by the senate [HOUSE OF 11 REPRESENTATIVES]. A supreme court justice designated by the court shall preside 12 at the trial. Concurrence of at least two-thirds of the members of the senate [HOUSE] 13 is required for a judgment of impeachment. The judgment may not extend beyond 14 removal from office, but shall not prevent proceedings in the courts on the same or 15 related charges. 16 * Sec. 12. Article III, sec. 17, Constitution of the State of Alaska, is amended to read: 17 Section 17. Convening Senate [LEGISLATURE]. Whenever the governor 18 considers it in the public interest, the governor [HE] may convene the senate 19 [LEGISLATURE, EITHER HOUSE, OR THE TWO HOUSES] in [JOINT] session. 20 * Sec. 13. Article III, sec. 19, Constitution of the State of Alaska, is amended to read: 21 Section 19. Military Authority. The governor is commander-in-chief of the 22 armed forces of the State. The governor [HE] may call out these forces to execute the 23 laws, suppress or prevent insurrection or lawless violence, or repel invasion. The 24 governor, as provided by law, shall appoint all general and flag officers of the armed 25 forces of the State, subject to confirmation by at least a majority of the members of 26 the senate [LEGISLATURE IN JOINT SESSION]. The governor [HE] shall appoint 27 and commission all other officers. 28 * Sec. 14. Article III, sec. 20, Constitution of the State of Alaska, is amended to read: 29 Section 20. Martial Law. The governor may proclaim martial law when the 30 public safety requires it in case of rebellion or actual or imminent invasion. Martial 31 law shall not continue for longer than twenty days without the approval of at least a
01 majority of the members of the senate [LEGISLATURE IN JOINT SESSION]. 02 * Sec. 15. Article III, sec. 23, Constitution of the State of Alaska, is amended to read: 03 Section 23. Reorganization. The governor may make changes in the 04 organization of the executive branch or in the assignment of functions among its units 05 which the governor [HE] considers necessary for efficient administration. Where 06 these changes require the force of law, they shall be set forth in executive orders. The 07 senate [LEGISLATURE] shall have sixty days of a regular session, or a full session if 08 of shorter duration, to disapprove these executive orders. Unless disapproved by 09 resolution concurred in by a majority of the members [IN JOINT SESSION], these 10 orders become effective at a date thereafter to be designated by the governor. 11 * Sec. 16. Article III, sec. 25, Constitution of the State of Alaska, is amended to read: 12 Section 25. Department Heads. The head of each principal department shall 13 be a single executive unless otherwise provided by law. The head of each principal 14 department [HE] shall be appointed by the governor, subject to confirmation by at 15 least a majority of the members of the senate [LEGISLATURE IN JOINT SESSION], 16 and shall serve at the pleasure of the governor, except as otherwise provided in this 17 article with respect to the lieutenant governor [SECRETARY OF STATE]. The 18 heads of all principal departments shall be citizens of the United States. 19 * Sec. 17. Article III, sec. 26, Constitution of the State of Alaska, is amended to read: 20 Section 26. Boards and Commissions. When a board or commission is at the 21 head of a principal department or a regulatory or quasi-judicial agency, its members 22 shall be appointed by the governor, subject to confirmation by at least a majority of 23 the members of the senate [LEGISLATURE IN JOINT SESSION], and may be 24 removed as provided by law. They shall be citizens of the United States. The board or 25 commission may appoint a principal executive officer when authorized by law, but the 26 appointment shall be subject to the approval of the governor. 27 * Sec. 18. Article IV, sec. 8, Constitution of the State of Alaska, is amended to read: 28 Section 8. Judicial Council. The judicial council shall consist of seven 29 members. Three attorney members shall be appointed for six-year terms by the 30 governing body of the organized state bar. Three non-attorney members shall be 31 appointed for six-year terms by the governor subject to confirmation by at least a
01 majority of the members of the senate [LEGISLATURE IN JOINT SESSION]. 02 Vacancies shall be filled for the unexpired term in like manner. Appointments shall be 03 made with due consideration to area representation and without regard to political 04 affiliation. The chief justice of the supreme court shall be ex-officio the seventh 05 member and chairman of the judicial council. No member of the judicial council, 06 except the chief justice, may hold any other office or position of profit under the 07 United States or the State. The judicial council shall act by concurrence of four or 08 more members and according to rules which it adopts. 09 * Sec. 19. Article IV, sec. 10, Constitution of the State of Alaska, is amended to read: 10 Section 10. Commission on Judicial Conduct. The Commission on Judicial 11 Conduct shall consist of nine members, as follows: three persons who are justices or 12 judges of state courts, elected by the justices and judges of state courts; three members 13 who have practiced law in this state for ten years, appointed by the governor from 14 nominations made by the governing body of the organized bar and subject to 15 confirmation by at least a majority of the members of the senate [LEGISLATURE IN 16 JOINT SESSION]; and three persons who are not judges, retired judges, or members 17 of the state bar, appointed by the governor and subject to confirmation by at least a 18 majority of the members of the senate [LEGISLATURE IN JOINT SESSION]. In 19 addition to being subject to impeachment under Section 12 of this article, a justice or 20 judge may be disqualified from acting as such and may be suspended, removed from 21 office, retired, or censured by the supreme court upon the recommendation of the 22 commission. The powers and duties of the commission and the bases for judicial 23 disqualification shall be established by law. 24 * Sec. 20. Article IV, sec. 15, Constitution of the State of Alaska, is amended to read: 25 Section 15. Rule-Making Power. The supreme court shall make and 26 promulgate rules governing the administration of all courts. It shall make and 27 promulgate rules governing practice and procedure in civil and criminal cases in all 28 courts. These rules may be changed by the senate [LEGISLATURE] by at least two- 29 thirds vote of the members [ELECTED TO EACH HOUSE]. 30 * Sec. 21. Article VI, sec. 3, Constitution of the State of Alaska, is amended to read: 31 Section 3. Redistricting [REAPPORTIONMENT] of [HOUSE AND]
01 Senate. The Redistricting Board shall redistrict [REAPPORTION] the [HOUSE OF 02 REPRESENTATIVES AND THE] senate immediately following the official reporting 03 of each decennial census of the United States. Redistricting [REAPPORTIONMENT] 04 shall be based upon the population within each [HOUSE AND] senate district as 05 reported by the official decennial census of the United States. 06 * Sec. 22. Article VI, sec. 4, Constitution of the State of Alaska, is amended to read: 07 Section 4. Method of Redistricting. The Redistricting Board shall establish 08 sixty senate [FORTY HOUSE] districts, with each [HOUSE] district to elect one 09 member of the senate [HOUSE OF REPRESENTATIVES. THE BOARD SHALL 10 ESTABLISH TWENTY SENATE DISTRICTS, EACH COMPOSED OF TWO 11 HOUSE DISTRICTS, WITH EACH SENATE DISTRICT TO ELECT ONE 12 SENATOR]. 13 * Sec. 23. Article VI, sec. 6, Constitution of the State of Alaska, is amended to read: 14 Section 6. District Boundaries. The Redistricting Board shall establish the 15 size and area of senate [HOUSE] districts, subject to the limitations of this article. 16 Each [HOUSE] district shall be formed of contiguous and compact territory containing 17 as nearly as practicable a relatively integrated socio-economic area. Each shall contain 18 a population as near as practicable to the quotient obtained by dividing the population 19 of the state by sixty [FORTY. EACH SENATE DISTRICT SHALL BE COMPOSED 20 AS NEAR AS PRACTICABLE OF TWO CONTIGUOUS HOUSE DISTRICTS]. 21 Consideration may be given to local government boundaries. Drainage and other 22 geographic features shall be used in describing boundaries wherever possible. 23 * Sec. 24. Article VI, sec. 8(b), Constitution of the State of Alaska, is amended to read: 24 (b) Members of the Redistricting Board shall be appointed in the year in 25 which an official decennial census of the United States is taken and by September 1 of 26 that year. The governor and the presiding officer of the senate shall each appoint 27 two members of the board. The [PRESIDING OFFICER OF THE SENATE, THE 28 PRESIDING OFFICER OF THE HOUSE OF REPRESENTATIVES, AND THE] 29 chief justice of the supreme court shall [EACH] appoint one member of the board. The 30 appointments to the board shall be made in the order listed in this subsection. At least 31 one board member shall be a resident of each judicial district that existed on
01 January 1, 1999. Board members serve until a final plan for redistricting and 02 proclamation of redistricting has been adopted and all challenges to it brought under 03 Section 11 of this article have been resolved after final remand or affirmation. 04 * Sec. 25. Article VI, sec. 8(c), Constitution of the State of Alaska, is amended to read: 05 (c) A person who was a member of the Redistricting Board at any time during 06 the process leading to final adoption of a redistricting plan under Section 10 of this 07 article may not be a candidate for the senate [LEGISLATURE] in the general election 08 following the adoption of the final redistricting plan. 09 * Sec. 26. Article VI, sec. 10(a), Constitution of the State of Alaska, is amended to read: 10 (a) Within thirty days after the official reporting of the decennial census of the 11 United States or thirty days after being duly appointed, whichever occurs last, the 12 board shall adopt one or more proposed redistricting plans. The board shall hold 13 public hearings on the proposed plan, or, if no single proposed plan is agreed on, on all 14 plans proposed by the board. No later than ninety days after the board has been 15 appointed and the official reporting of the decennial census of the United States, the 16 board shall adopt a final redistricting plan and issue a proclamation of redistricting. 17 The final plan shall set out boundaries of [HOUSE AND] senate districts and shall be 18 effective for the election of members of the senate [LEGISLATURE] until after the 19 official reporting of the next decennial census of the United States. 20 * Sec. 27. Article VII, sec. 3, Constitution of the State of Alaska, is amended to read: 21 Section 3. Board of Regents. The University of Alaska shall be governed by a 22 board of regents. The regents shall be appointed by the governor, subject to 23 confirmation by at least a majority of the members of the senate [LEGISLATURE IN 24 JOINT SESSION]. The board shall, in accordance with law, formulate policy and 25 appoint the president of the university. The president [HE] shall be the executive 26 officer of the board. 27 * Sec. 28. Article IX, sec. 17(c), Constitution of the State of Alaska, is amended to read: 28 (c) An appropriation from the budget reserve fund may be made for any public 29 purpose upon affirmative vote of at least three-fourths of the members [OF EACH 30 HOUSE] of the senate [LEGISLATURE]. 31 * Sec. 29. Article X, sec. 12, Constitution of the State of Alaska, is amended to read:
01 Section 12. Boundaries. A local boundary commission or board shall be 02 established by law in the executive branch of the state government. The commission 03 or board may consider any proposed local government boundary change. It may 04 present proposed changes to the senate [LEGISLATURE] during the first ten days of 05 any regular session. The change shall become effective forty-five days after 06 presentation or at the end of the session, whichever is earlier, unless disapproved by a 07 resolution concurred in by at least a majority of the members of the senate [EACH 08 HOUSE]. The commission or board, subject to law, may establish procedures whereby 09 boundaries may be adjusted by local action. 10 * Sec. 30. Article XI, sec. 3, Constitution of the State of Alaska, is amended to read: 11 Section 3. Petition. After certification of the application, a petition containing 12 a summary of the subject matter shall be prepared by the lieutenant governor for 13 circulation by the sponsors. If signed by qualified voters who are equal in number to at 14 least ten percent of those who voted in the preceding general election, who are resident 15 in at least three-fourths of the senate [HOUSE] districts of the State, and who, in each 16 of those senate [HOUSE] districts, are equal in number to at least seven percent of 17 those who voted in the preceding general election in the senate [HOUSE] district, it 18 may be filed with the lieutenant governor. 19 * Sec. 31. Article XII, sec. 11, Constitution of the State of Alaska, is amended to read: 20 Section 11. Law-Making Power. As used in this constitution, the terms "by 21 law," [AND] "by the legislature," and "by the senate," or variations of these terms, 22 are used interchangeably when related to law-making powers. Unless clearly 23 inapplicable, the law-making powers assigned to the legislature may be exercised by 24 the people through the initiative, subject to the limitations of Article XI. 25 * Sec. 32. Article XII, sec. 14, Constitution of the State of Alaska, is amended to read: 26 Section 14. Approval of Federal Amendment to Statehood Act Affecting 27 an Interest of the State under that Act. A federal statute or proposed federal statute 28 that affects an interest of this State under the Act admitting Alaska to the Union is 29 ineffective as against the State interest unless approved by at least a two-thirds vote of 30 [EACH HOUSE OF] the senate [LEGISLATURE] or approved by the people of the 31 State. The senate [LEGISLATURE] may, by a resolution passed by at least a
01 majority vote [OF EACH HOUSE], place the question of approval of the federal 02 statute on the ballot for the next general election unless in the resolution placing the 03 question of approval, the senate [LEGISLATURE] requires the question to be placed 04 before the voters at a special election. The approval of the federal statute by the people 05 of the State is not effective unless the federal statute described in the resolution is 06 ratified by a majority of the qualified voters of the State who vote on the question. 07 Unless a summary of the question is provided in the resolution passed by the senate 08 [LEGISLATURE], the lieutenant governor shall prepare an impartial summary of the 09 question. The lieutenant governor shall present the question to the voters so that a 10 "yes" vote on the question is a vote to approve the federal statute. 11 * Sec. 33. Article XIII, sec. 1, Constitution of the State of Alaska, is amended to read: 12 Section 1. Amendments. Amendments to this constitution may be proposed 13 by at least a two-thirds vote [OF EACH HOUSE] of the membership of the senate 14 [LEGISLATURE]. The lieutenant governor shall prepare a ballot title and proposition 15 summarizing each proposed amendment, and shall place them on the ballot for the 16 next general election. If a majority of the votes cast on the proposition favor the 17 amendment, it shall be adopted. Unless otherwise provided in the amendment, it 18 becomes effective thirty days after the certification of the election returns by the 19 lieutenant governor. 20 * Sec. 34. Article XV, Constitution of the State of Alaska, is amended by adding a new 21 section to read: 22 Section 30. Transition to Unicameral Legislature. The following provisions 23 shall be followed in the transition from a bicameral to a unicameral legislature 24 provided for under the 2010 amendments: 25 (1) the holdover members of the senate and those members of the 26 senate and house of representatives elected to the Twenty-Seventh Alaska State 27 Legislature shall sit as a bicameral legislature during the first regular session, but shall 28 sit as a unicameral legislature consisting of sixty members during the second regular 29 session; 30 (2) at the first session of the Twenty-Seventh Alaska State Legislature, 31 the legislature shall make the necessary preparation for sitting as a unicameral
01 legislature during the second regular session, including consideration of organization, 02 revision of rules of procedure, and amendments to statutes; 03 (3) no later than February 10, 2012, a Redistricting Board shall be 04 appointed in substantial compliance with Section 8(b) of Article VI, as amended in 05 sec. 24 of this resolution, and no later than March 15, 2012, the Redistricting Board 06 shall redistrict the legislature in accordance with Article VI to provide for a 07 unicameral legislature consisting of sixty members based upon the total population of 08 the State as determined by the most recent decennial federal census; 09 (4) at the 2012 general election, thirty members of the legislature shall 10 be elected to four-year terms, and thirty members shall be elected to two-year terms, 11 set by the Redistricting Board in the redistricting plan under (3) of this section; 12 (5) a member of the senate elected to a four-year term in 2010 may not 13 serve as a member of the Twenty-Eighth Alaska State Legislature unless the member 14 is elected at the 2012 general election to serve in the unicameral legislature. 15 * Sec. 35. Article II, sec. 10, and art. VI, sec. 1, Constitution of the State of Alaska, are 16 repealed. 17 * Sec. 36. Section 34 of this resolution takes effect January 1, 2011. 18 * Sec. 37. Sections 1 - 33 and 35 of this resolution take effect on the day the Second 19 Regular Session of the Twenty-Seventh Alaska State Legislature first convenes. 20 * Sec. 38. The amendments proposed by this resolution shall be placed before the voters of 21 the state at the next general election in conformity with art. XIII, sec. 1, Constitution of the 22 State of Alaska, and the election laws of the state.