Each student committee brought to the Convention for their colleagues’ consideration a maximum of three proposed constitutional amendments. These are their proposals for change.
Committee on Establishing or Altering the Structure of Government
Proposal 1 – Article on Retention of Judges: RESOLVED, that the following be agreed upon as part of the Alaska State Constitution.
Article 4 Section 6: Each Supreme Court justice and Superior Court judge shall, in the manner provided by law, be subject to approval or rejection on a nonpartisan ballot at the first general election held more than three years after his/her appointment. Thereafter, each Supreme Court justice shall be subject to approval or rejection in a like manner every seventh year, and each superior court judge, every fourth year.
Article 4 Section 2 Retirement: Justices and judges shall not be required to retire unless medically unacceptable to perform duties of such, as determined by the judicial council
Proposal 2 – Article on Senate Representation: RESOLVED, that the following be agreed upon as part of the Alaska State Constitution. The senate shall consist of twenty members who shall be elected at large from the State of Alaska. They shall serve 4 years. Their terms shall be staggered. Any political group that receives 5% of the vote shall receive one Senator.
Proposal 3 – Article on Shortened time between Appointment and Election of Judges: RESOLVED, that the following be agreed upon as part of the Alaska State Constitution. Each supreme court justice and superior court judge shall, in the manner provided by law, be subject to approval or rejection on a nonpartisan ballot at the first general election held no more than one year after his appointment. Thereafter, each supreme court justice shall be subject to approval or rejection in a like manner every tenth year, and each superior court judge, every sixth year.
Committee on Establishing Political Rights and Immunities / Working Group A
Proposal 1 – Criminal Penalties for Marijuana: WHEREFORE BE IT RESOLVED that the section Criminal Penalties Involving Marijuana be added to Article [12] under section [15] including the following: The State shall hold no criminal penalties for the possession, consumption or production of marijuana.
Proposal 2 – Marriage: WHEREFORE BE IT RESOLVED that the following be changed in the Alaska State Constitution Article 1 §25: To be valid or recognized in this State, a marriage may exist between any two consenting adults, regardless of biological sex.
Proposal 3 – Privacy of Youth: WHEREFORE BE IT RESOLVED that the section Youth Privacy be added to Article 1 under section 26 including the following: In the State the parent(s) or guardian(s) of a child under 17 must be notified of aborting the child's pregnancy. Children under the age of 13 are required to have parental consent to receive an abortion.
Committee on Establishing Political Rights and Immunities / Working Group B (Committee for the Right to Privacy)
Proposal - Privacy Rights as pertains to AK Constitution Article 1, Section 2: Resolved that the following ordinance be ordained - Right of Privacy, Section22: The right of the people to privacy is recognized and shall not be infringed. All persons and organizations are responsible to others for the abuse of the right granted by this section. The legislature shall take action to implement this section.
Committee on Provisions that Control, Guide or Limit Financial Matters (Committee on Recommendations and Resolutions)
Proposal 1 – Location of UAA, and Procedure for Change Thereof: RESOLVED, that the following be followed - Location of UAA , Section 7: The proceeds of any state tax or license shall not be dedicated to any special purpose, except as provided in section 15 of this article or when required by the federal government for state participation in federal programs.
Proposal 2 - Under Title 15 Article 9- the proceeds of any state tax or license shall not be dedicated to any special purpose, these funds are only to be appropriated to a Permanent Fund. Procedure for Change Thereof: " Delegates to the constitution convention were desirous of eliminating dedications so that the legislature would have the greatest flexibility in allocating tax revenues on the basis of need.” The dedications should only be used in the case of creating a system that inhabits the direct requisite of the people such as, transportation, education and alternative energy.
Committee on Entitlements against the State
Proposal 1 - Whereas the committee feels there is a need for daycare and early childhood education for the children, ages 0 to 5, of Alaskan residents who are employed, regardless of income, in order to promote the education of Alaskan children and the welfare of Alaskan families, we hereby propose that Article 7 Section 1 of the Alaska Constitution be amended to: “The legislature shall by general law establish and maintain a system of public schools and daycare facilities open to all minor children in the state of Alaska regardless of age or income of parents and may provide for other public educational institutions. Schools and institutions so established shall be free from sectarian control. No money shall be paid from public funds for the direct benefit of any religious or other private educational institution.”
Proposal 2 - Whereas the committee feels that, in order to provide for the promotion and protection of public health for all Alaskans regardless of income, health insurance should be provided to Alaskan residents by the State, we hereby propose that Article 7, Section 4 of the Alaskan Constitution should be amended to: “The legislature shall provide health care and health maintenance to all Alaskan residents regardless of income.”
Proposal 3 - Whereas the committee feels that in the interest of public good a system of paid family leave in times of change or crisis should be granted to all employed residents of Alaska regardless of income, we hereby propose that Article 7 of the Constitution of Alaska be amended to include the following: “Section 6. In the interest of public good and welfare all Alaskans shall be entitled to twelve weeks of leave and access to accrued unemployment insurance benefits during times of family crisis or hardship to include, but not be limited to, pregnancy, illness, birth or death of a family member.”
Committee on Provisions that Control the Election Processes ( Committee on Suffrage and Elections)
Proposal 1 - § 2. Disqualifications: Whereas the committee feels that the current terminology of a “felony involving moral turpitude” lacks adequate definition and thus legal standing. We therefore recommend that such crimes fall under the classification provided by the State Judicial Branch for “felony level crimes.” [and] Whereas the committee feels that disenfranchisement of felons be limited to their terms of confinement, owing to the conclusion that their release into society implies a return to their status as a law-abiding citizen of the State. THEREFORE IT BE RESOLVED that Article 5 Section 2 of the Alaska Constitution be amended to: “No person may vote who has been convicted of a felony level crime unless his civil rights have been restored upon their release, whether that be, but not limited to, parole, probation, or on one’s own recognizance.” Retaining the clause:" No person may vote who has been judicially determined to be of unsound mind unless the disability has been removed.”
Proposal 2 - § 2. Disqualifications: Whereas the committee feels that the current terminology of a “felony involving moral turpitude” lacks adequate definition and thus legal standing. We therefore recommend that such crimes fall under the classification provided by the State Judicial Branch for “felony level crimes.” [and] Whereas owing to the conclusion that disenfranchisement of felons is part of their punishment and thus linked on the length of their sentence, the committee feels that disenfranchisement of felons be limited to the term of their sentence, including time imprisoned or on parole. As probation is a transitory period in which the felon regains his status as a free man, the committee feels that it would be beneficial for him to have the opportunity participate in civic functions at that stage. THEREFORE IT BE RESOLVED that Article 5 Section 2 of the Alaska Constitution be amended to: “No person may vote who has been convicted of a felony level crime unless his civil rights have been restored or upon their release onto probation.” Retaining the clause: “No person may vote who has been judicially determined to be of unsound mind unless the disability has been removed.”
Proposal 3 - § 6. Campaign Funding: Whereas the committee feels that the use of public funds to supplement campaign costs for candidates to State office will allow for more open and fair elections. Rather than relying on corporate finance, this amendment will grant candidates seed money to focus on community outreach and representation of local interests. [and] Whereas it is established that we vote every even number, by setting a review for every odd number year it makes it so that the established amount approved for campaigning could be reached prior to the actual campaign period. It also allows for inflation and shifts in available funds by not having a stated monetary amount. THEREFORE IT BE RESOLVED that Article 5 of the Alaska Constitution has added Section 6 entitled “Campaign Funding” and read thus: “The legislature shall establish a public Campaign Finance Fund to supplement campaigning costs of declared candidates to State office. The administration of said fund and equal distribution thereof is subject to review every odd numbered year after its implementation.”
Committee on Provisions that Relate to the Constitutional Document Itself
Proposal 1 - The minimum age to hold office should be eighteen. Justification: If one is old enough to vote, one should be old enough to be voted into office. Change the age from 25 years old for Senators and 21 for Representatives to 18. “No age barrier shall be imposed upon persons whom have reached the age of majority in the state in regards to holding public office.”
Proposal 2 - Remove Section 6 of Article 2: Justification = Legislative limitation of power. We trust our police force, let them do their jobs. If state employees are following the laws of the land, this should not be an issue. All of Alaska’s citizens are equal, so let them be treated as such. Change “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.” to “Legislators are not granted any special protections other than protections enumerated to all citizens by the state. Members are looked upon as leaders of the state, and as such will comport themselves in an exemplary manner at all times.”
Proposal 3 - Review and Strengthen Article 8. Whereas we feel the constitution is over looked on this point, therefore we resolve to create an oversight committee to ensure compliance. “Every even numbered legislative session, there shall be a review of Alaskan land and resources to insure that the State government adheres to Constitutional requirements outlined in Article 8. A committee consisting of 7 elected officials shall oversee the mandated constitutional review. They shall be elected by citizens of Alaska during the general election for this purpose alone."
