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ARTICLE.II
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Article II
The Legislature
Section 1 - Legislative Power; Membership.
The legislative power of the State is vested in a legislature consisting
of a senate with a membership of twenty and a house of representatives
with a membership of forty.
Section 2 - Members' Qualifications.
A member of the legislature shall be a qualified voter who has been a
resident of Alaska for at least three years and of the district from which
elected for at least one year, immediately preceding his filing for
office. A senator shall be at least twenty-five years of age and a
representative at least twenty-one years of age.
Section 3 - Election and Terms.
Legislators shall be elected at general elections. Their terms begin on
the fourth Monday of the January following election unless otherwise
provided by law. The term of representatives shall be two years, and the
term of senators, four years. One-half of the senators shall be elected
every two years.
Revisor's note. - The legislature has provided that the terms of
legislators begin on the second Monday in January following a presidential
election year and on the third Monday in January following a gubernatorial
election year. See AS 24.05.080.
Section 4 - Vacancies.
A vacancy in the legislature shall be filled for the unexpired term as
provided by law. If no provision is made, the governor shall fill the
vacancy by appointment.
Section 5 - Disqualifications.
No legislator may hold any other office or position of profit under the
United States or the State. During the term for which elected and for one
year thereafter, no legislator may be nominated, elected, or appointed to
any other office or position of profit which has been created, or the
salary or emoluments of which have been increased, while he was a member.
This section shall not prevent any person from seeking or holding the
office of governor, secretary of state, or member of Congress. This
section shall not apply to employment by or election to a constitutional
convention.
Revisor's note - Senate Joint Resolution No. 2, "changing the name of the
secretary of state to lieutenant governor" in 16 sections of the Alaska
Constitution, approved by the voters August 25, 1970, inadvertently
omitted express amendment of this section.
Section 6 - Immunities.
Legislators may not be held to answer before any other tribunal for any
statement made in the exercise of their legislative duties while the
legislature is in session. Members attending, going to, or returning from
legislative sessions are not subject to civil process and are privileged
from arrest except for felony or breach of the peace.
Section 7 - Salary and Expenses.
Legislators shall receive annual salaries. They may receive a per diem
allowance for expenses while in session and are entitled to travel
expenses going to and from sessions. Presiding officers may receive
additional compensation.
Section 8 - Regular Sessions.
The legislature shall convene in regular session each year on the fourth
Monday in January, but the month and day may be changed by law. The
legislature shall adjourn from regular session no later than one hundred
twenty consecutive calendar days from the date it convenes except that a
regular session may be extended once for up to ten consecutive calendar
days. An extension of the regular session requires the affirmative vote of
at least two-thirds of the membership of each house of the legislature.
The legislature shall adopt as part of the uniform rules of procedure
deadlines for scheduling session work not inconsistent with provisions
controlling the length of the session. [Amendment approved November
6, 1984 - Effective December 30, 1984]
Section 9 - Special Sessions.
Special sessions may be called by the governor or by vote of two-thirds of
the legislators. The vote may be conducted by the legislative council or
as prescribed by law. At special sessions called by the governor,
legislation shall be limited to subjects designated in his proclamation
calling the session, to subjects presented by him, and the reconsideration
of bills vetoed by him after adjournment of the last regular session.
Special sessions are limited to thirty days. [Amendment approved
November 2, 1976 - Effective December 23, 1976]
Section 10 - Adjournment.
Neither house may adjourn or recess for longer than three days unless
the other concurs. If the two houses cannot agree on the time of
adjournment and either house certifies the disagreement to the governor,
he may adjourn the legislature.
Section 11 - Interim Committees.
There shall be a legislative council, and the legislature may establish
other interim committees. The council and other interim committees may
meet between legislative sessions. They may perform duties and employ
personnel as provided by the legislature. Their members may receive an
allowance for expenses while performing their duties.
Section 12 - Rules.
The houses of each legislature shall adopt uniform rules of procedure.
Each house may choose its officers and employees. Each is the judge of the
election and qualifications of its members and may expel a member with the
concurrence of two-thirds of its members. Each shall keep a journal of its
proceedings. A majority of the membership of each house constitutes a
quorum to do business, but a smaller number may adjourn from day to day
and may compel attendance of absent members. The legislature shall
regulate lobbying.
Section 13 - Form of Bills.
Every bill shall be confined to one subject unless it is an appropriation
bill or one codifying, revising, or rearranging existing laws. Bills for
appropriations shall be confined to appropriations. The subject of each
bill shall be expressed in the title. The enacting clause shall be: "Be it
enacted by the Legislature of the State of Alaska."
Section 14 - Passage of Bills.
The legislature shall establish the procedure for enactment of bills into
law. No bill may become law unless it has passed three readings in each
house on three separate days, except that any bill may be advanced from
second to third reading on the same day by concurrence of three-fourths
of the house considering it. No bill may become law without an
affirmative vote of a majority of the membership of each house. The yeas
and nays on final passage shall be entered in the journal.
Section 15 - Veto.
The governor may veto bills passed by the legislature. He may, by veto,
strike or reduce items in appropriation bills. He shall return any vetoed
bill, with a statement of his objections, to the house of origin.
Section 16 - Action Upon Veto.
Upon receipt of a veto message during a regular session of the
legislature, the legislature shall meet immediately in joint session and
reconsider passage of the vetoed bill or item. Bills to raise revenue and
appropriation bills or items, although vetoed, become law by affirmative
vote of three-fourths of the membership of the legislature. Other vetoed
bills become law by affirmative vote of two-thirds of the membership of
the legislature. Bills vetoed after adjournment of the first regular
session of the legislature shall be reconsidered by the legislature
sitting as one body no later than the fifth day of the next regular or
special session of that legislature. Bills vetoed after adjournment of the
second regular session shall be reconsidered by the legislature sitting as
one body no later than the fifth day of a special session of that
legislature, if one is called. The vote on reconsideration of a vetoed
bill shall be entered on the journals of both houses. [Amendment approved
November 2, 1976 - Effective December 23, 1976]
Section 17 - Bills Not Signed.
A bill becomes law if, while the legislature is in session, the governor
neither signs nor vetoes it within fifteen days, Sundays excepted, after
its delivery to him. If the legislature is not in session and the governor
neither signs nor vetoes a bill within twenty days, Sundays excepted,
after its delivery to him, the bill becomes law.
Section 18 - Effective Date.
Laws passed by the legislature become effective ninety days after
enactment. The legislature may, by concurrence of two-thirds of the
membership of each house, provide for another effective date.
Section 19 - Local or Special Acts.
The legislature shall pass no local or special act if a general act can be
made applicable. Whether a general act can be made applicable shall be
subject to judicial determination. Local acts necessitating appropriations
by a political subdivision may not become effective unless approved by a
majority of the qualified voters voting thereon in the subdivision
affected.
Section 20 - Impeachment.
All civil officers of the State are subject to impeachment by the
legislature. Impeachment shall originate in the senate and must be
approved by a two-thirds vote of its members. The motion for impeachment
shall list fully the basis for the proceeding. Trial on impeachment shall
be conducted by the house of representatives. A supreme court justice
designated by the court shall preside at the trial. Concurrence of two-
thirds of the members of the house is required for a judgment of
impeachment. The judgment may not extend beyond removal from office, but
shall not prevent proceedings in the courts on the same or related
charges.
Section 21 - Suits Against the State.
The legislature shall establish procedures for suits against the State.