AS Title 24, Chapter 5: Legislature In General

Chapter 05. Legislature In General. Article 1. Powers. Sec. 24.05.010. Legislative power. The legislative power of the state is vested in the legislature of the State of Alaska and extends to all rightful subjects of legislation not inconsistent with or reserved by the constitution of the State of Alaska and the constitution and laws of the United States. Article 2. Composition and Members. Sec. 24.05.020. Composition. The legislature is composed of two houses: a senate consisting of 20 members and a house of representatives consisting of 40 members. Sec. 24.05.030. Qualifications of members. A member of the legislature shall be a qualified voter who has been a resident of the state for at least three years and of the district from which elected for at least one year immediately preceding filing for office. A senator shall be at least 25 years of age and a representative at least 21 years of age at the time of taking the oath of office. Sec. 24.05.040. Dual office. A member of the legislature may not 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, a legislator may not 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 the legislator was a member. This section does not prevent any person from seeking or holding the office of governor, lieutenant governor, or member of Congress. This section does not apply to employment by or election to a constitutional convention. A member may serve on or at the behest of an interim committee of the legislature. Sec. 24.05.050. Membership on boards and commissions. A member of the legislature may serve on a board or commission of the state government only if the membership of legislators on the board or commission is specifically authorized by law. Sec. 24.05.060. Disqualifications. A person is not qualified for membership in the legislature who is disqualified to hold public office under the provisions of art. XII, § 4, Constitution of the State of Alaska, and as it may be implemented by law. Each member of the legislature, before entering upon the duties of the office, shall take the oath of office prescribed in art. XII, § 5, Constitution of the State of Alaska, and such further oath or affirmation prescribed by law for members of the legislature or other officers of the state. Sec. 24.05.070. Election and expulsion. Each member of the legislature shall be elected from the district and in conformity with the procedures established by the state constitution and the laws of the state. Each house 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. Sec. 24.05.080. Terms. The term of each member of the legislature begins on the third Tuesday in January. The term of representatives is two years, and the term of senators is four years. One-half of the senators shall be elected every two years. Sec. 24.05.085. Resignation. A member resigns by submitting a resignation in writing to the presiding officer of the house to which the member was elected or appointed, with information copies to the governor, the director of elections, and the executive director of the Legislative Affairs Agency for appropriate administrative action. The resignation is effective on the date specified in the resignation or, if no date is specified, 10 days after the date of mailing the resignation. The resignation may be withdrawn, in the same manner as it was submitted, at any time before it becomes effective. Sec. 24.05.087. [Renumbered as AS 24.05.184 .] Article 3. Meeting and Organization. Sec. 24.05.090. Duration of legislature; sessions. The legislature shall convene at the capital each year on the third Tuesday in January at 1:00 p.m. Each legislature has a duration of two years and consists of a “First Regular Session” that meets in the odd-numbered years, and a “Second Regular Session” that meets in the even-numbered years, and any special session that the governor or legislature calls. Sec. 24.05.100. Special sessions. (a) The legislature may hold a special session not exceeding 30 calendar days in length. The special session shall be called in either of the following ways: (1) The governor may call the legislature into special session by issuing a proclamation. At a special session called by the governor, legislation is limited to the subjects designated by the governor in the proclamation or to the subjects presented by the governor, and to reconsideration of legislation, if any, vetoed following a regular session of that legislature. To enable the legislators to make travel and other arrangements, a proclamation for a special session shall be issued at least 30 days in advance of the convening date stated in the proclamation unless (A) the proclamation is issued under AS 26.23.020 (k); (B) the special session is called to address a disaster; in this subparagraph, “disaster” has the meaning given in AS 26.23.900 ; (C) the proclamation is issued while both houses are in regular or special session; or (D) the proclamation is issued within one hour after the second house has adjourned from a regular or special session. (2) The legislature may call itself into special session if two-thirds of the membership responds in the affirmative to a poll conducted by the presiding officer of each house. Each presiding officer may initiate a poll by their joint agreement, and each shall initiate a poll upon the request of 25 percent of the membership of each house, expressed in writing and signed by those members. When two-thirds of the membership to which the legislature is entitled responds in the affirmative, the president of the senate and speaker of the house shall jointly announce the result of the poll and a date for the convening of the special session. If one of the presiding officers is deceased, has resigned, or is incapacitated, the presiding officer of the other house may conduct the poll of the members of both houses. (b) A special session may be held at any location in the state. If a special session called under (a)(1) of this section is to be convened at a location other than at the capital, the governor shall designate the location in the proclamation. If a special session called under (a)(2) of this section is to be convened at a location other than at the capital, the presiding officers shall agree to and designate the location in the poll conducted of the members of both houses. Sec. 24.05.110. Joint sessions. The houses of the legislature shall convene in joint session when required or authorized by the constitution and the rules of the legislature. Sec. 24.05.120. Rules. At the beginning of the first regular session of each legislature, both houses shall adopt uniform rules of procedure for enacting bills into law and adopting resolutions. The rules in effect at the last regular session of the immediately preceding legislature serve as the temporary rules of the legislature until the adoption of permanent rules. Sec. 24.05.130. Journal. Each house shall keep and publish a daily journal of its proceedings. The journal shall reflect the essential elements of the business transacted and the messages and communications received from the governor and the other house. Sec. 24.05.135. Record of proceedings. (a) All floor sessions of each house shall be electronically recorded. However, each house may suspend this recording requirement by concurrence of two-thirds of its members when there is an equipment failure or when no recording equipment is available as a result of a natural disaster or other exigency. (b) The legislature shall provide by uniform joint rule for the recording or reporting of committee session proceedings. (c) As the tapes, spools, or other recording devices are filled, or as reports are completed, they shall be transferred to the state library for placement in the state archives. Reproductions shall be placed in a centrally located public library in Juneau, Anchorage, and Fairbanks, until one year after adjournment of the legislative session recorded. The division of the Department of Education and Early Development that has responsibility for state libraries, archives, and museums shall supply reproductions of electronic recordings at cost to any person requesting them. Sec. 24.05.140. Quorum. A majority of the membership of each house constitutes a quorum to do business. However, a smaller number may adjourn from day to day and may compel the attendance of absent members in the manner, and under the penalties, provided by law or the rules of the legislature. Sec. 24.05.150. Adjournment. (a) Neither house may recess or adjourn for longer than three days unless the other concurs. If the two houses cannot agree on the time for adjournment and either house certifies the disagreement to the governor, the governor may adjourn the legislature by issuing an executive order and transmitting a copy of it to the president or secretary of the senate and speaker or chief clerk of the house of representatives. (b) The legislature shall adjourn from a regular session within 90 consecutive calendar days, including the day the legislature first convenes in that regular session. Sec. 24.05.160. Organization of a first regular session; new members. On the day set for the assembling of the first regular session of a legislature, the lieutenant governor shall call each house to order and direct the calling of roll of its districts and the names of the new members who are certified as being elected from each district. The lieutenant governor shall then direct the administration of the oath of office of each new member. The lieutenant governor shall then call for the nomination of a temporary president or speaker, as appropriate. Upon the election of the temporary presiding officers, the lieutenant governor shall relinquish the chair, and each house shall proceed to its further organization. If the lieutenant governor is unable to perform the duties imposed by this section, the chief justice of the supreme court shall act in the lieutenant governor's place. Sec. 24.05.170. Organization of second and special sessions; new members. On the day set for the assembly of the second regular session or a special session of the legislature, the presiding officer elected at the first regular session shall administer the oath of office to new members and proceed with the business of the house in accordance with the rules of the legislature. Article 4. Committees. Sec. 24.05.180. Committees. (a) Each house shall have standing committees to facilitate the transaction of business in accordance with the rules of the legislature. The rules may provide for the appointment of special committees, as needed, by the presiding officer of each house. The legislature shall provide for the use of joint committees to facilitate and expedite business. (b) [Repealed by § 7 ch 100 SLA 1963.] Sec. 24.05.182. Review of administrative regulations by standing committees of the legislature. (a) A standing committee of the legislature may, consistent with the committee's jurisdiction as provided in the uniform rules of the legislature, review a proposed or adopted regulation, amendment of a regulation, or repeal of a regulation. (b) [Repealed, § 23 ch. 7 SLA 2018.] (c) [Repealed, § 23 ch. 7 SLA 2018.] (d) [Repealed, § 23 ch. 7 SLA 2018.] Sec. 24.05.184. Termination of interim committee membership. When a member of the legislature who serves on a committee created during a between-session interim by either house or its presiding officers, the legislative council or the Legislative Budget and Audit Committee, files a declaration of candidacy for an elective office other than that of member of either house of the legislature, and the member has not resigned from membership on the interim committee, the member's interim committee membership terminates on the date of filing. Sec. 24.05.186. Legislative hearings on initiatives certified by the lieutenant governor. (a) A standing committee of the legislature, selected jointly by the presiding officers of the house of representatives and senate, shall hold at least one hearing on an initiative that the lieutenant governor has determined was properly filed under AS 15.45.160 . (b) The standing committee selected jointly by the presiding officers of the house of representatives and senate under (a) of this section shall hold at least one hearing under this section within 30 days after the convening of the legislative session preceding the statewide election at which the initiative proposition must appear on the election ballot under AS 15.45.190 . Sec. 24.05.188. Federal statutes, regulations, presidential executive orders and actions, and secretarial orders and actions. After receiving a report from the attorney general under AS 44.23.020 (h) that a state law is in conflict with a federal statute, regulation, presidential executive order or action, or secretarial order or action that is unconstitutional or was not properly adopted in accordance with federal statutory authority, the house and senate committees having jurisdiction over judicial matters may each consider whether legislative action is necessary in response to the findings by the attorney general. Article 5. Legislative Space. Sec. 24.05.190. Control of legislative space. (a) The state capitol, with the exception of the capitol space now occupied by the Office of the Governor, and space occupied in any other state building by the legislature or its agencies is under the control of and subject to assignment by the Legislative Affairs Agency as directed by the legislature. The Legislative Affairs Agency is responsible for the equitable allocation of parking spaces at the capitol according to the needs of the legislature and other agencies occupying capitol offices. (b) Access to legislative space during sessions is generally governed by the uniform rules of the legislature and by (a) of this section. During a session of the legislature a person not a member or an authorized employee of the legislature or its agencies may not, without the invitation of the presiding officer or the house, enter upon the floor of either house while it is sitting, or enter upon the floor of either house during a recess or when adjourned for the day, without the invitation of a member of that house. Sec. 24.05.200. [Renumbered as AS 24.20.061 .] Sec. 24.05.210. [Renumbered as AS 24.20.132 .]