00 CS FOR HOUSE BILL NO. 359(JUD) am 01 "An Act relating to the appointment and confirmation process for members of 02 certain boards, commissions, and similar bodies; relating to terms of certain 03 appointees; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 08.01.035 is amended to read: 06  Sec. 08.01.035. APPOINTMENTS AND TERMS. Members of boards subject 07 to this chapter are appointed for staggered terms of four years.  Except as provided in 08 AS 39.05.080(4), a [A] member of a board serves until a successor is appointed.  Except 09 as provided in AS 39.05.080(4), an [AN] appointment to fill a vacancy on a board is 10 for the remainder of the unexpired term. A member who has served all or part of two 11 successive terms on a board may not be reappointed to that board unless four years have 12 elapsed since the person has last served on the board. 13 * Sec. 2. AS 08.04.040 is amended to read: 14  Sec. 08.04.040. VACANCY ON BOARD. A vacancy shall be filled by 01 appointment for the unexpired term, except as provided in AS 39.05.080(4), and all 02 vacancies shall be filled within 60 days.  Except as provided in AS 39.05.080(4), after 03 [AFTER] the expiration of a member's term of office a member continues to serve until 04 a successor is appointed and qualifies, formally advises the board of acceptance of the 05 appointment, and appears at the next meeting of the board. 06 * Sec. 3. AS 08.65.010(b) is amended to read: 07  (b) The board consists of five members appointed by the governor subject to 08 confirmation by the legislature in joint session. Members serve for staggered terms of 09 four years and, except as provided in AS 39.05.080(4), each member serves until a 10 successor is appointed and qualified. The board consists of two members who are 11 certified in this state as direct-entry midwives, one physician licensed by the State 12 Medical Board in this state who has an obstetrical practice or has specialized training in 13 obstetrics, one certified nurse midwife licensed by the Board of Nursing in this state, and 14 one public member. 15 * Sec. 4. AS 14.07.095 is amended to read: 16  Sec. 14.07.095. TERM OF OFFICE. The members of the board shall be 17 appointed for overlapping five-year terms commencing on the March 1 following the 18 date of the member's [FEBRUARY 1 OF THE YEAR OF] appointment.  Except as 19 provided in AS 39.05.080(4), a [A] member appointed to fill a vacancy serves for the 20 unexpired term of the member whose vacancy is filled. A vacancy occurring during a 21 term of office is filled in the same manner as the original appointment. 22 * Sec. 5. AS 14.20.420(a) is amended to read: 23  (a) The term of office for each member of the commission is three years and, 24 except as provided in AS 39.05.080(4), each member serves until a successor is 25 appointed. 26 * Sec. 6. AS 14.20.420(b) is amended to read: 27  (b) Vacancies shall be filled by appointment by the governor and, except as 28 provided in AS 39.05.080(4), an appointment to fill a vacancy is for the unexpired 29 term. 30 * Sec. 7. AS 15.13.020(h) is amended to read: 31  (h) A vacancy on the commission shall be filled through the appropriate 01 appointing method for the position within 30 days after the occurrence of the vacancy.  02 Except as provided in AS 39.05.080(4), the [THE] appointee shall serve for the 03 remaining term of the appointee's predecessor. 04 * Sec. 8. AS 16.05.221(c) is amended to read: 05  (c) Members of the Board of Fisheries or Board of Game serve staggered terms 06 of three years and, except as provided in AS 39.05.080(4), each member serves until 07 a successor is appointed. An appointment to fill a vacancy in the membership of the 08 Board of Fisheries or Board of Game shall be made in the same manner as the original 09 appointment and, except as provided in AS 39.05.080(4), an appointment to fill a 10 vacancy is for the balance of the unexpired term. 11 * Sec. 9. AS 16.43.030(b) is amended to read: 12  (b) A vacancy on the commission shall be filled by appointment by the governor 13 and the appointment shall be confirmed by the legislature in joint session.  Except as 14 provided in AS 39.05.080(4), a [A] member selected to fill a vacancy shall hold office 15 for the balance of the full term for which the member's predecessor on the commission 16 was appointed. 17 * Sec. 10. AS 31.05.007(b) is amended to read: 18  (b) A vacancy arising in the office of a commissioner shall be filled by 19 appointment by the governor and confirmed by the legislature in joint session, and, 20 except as provided in AS 39.05.080(4), an appointee selected to fill a vacancy shall 21 hold office for the balance of the full term for which the predecessor on the commission 22 was appointed. 23 * Sec. 11. AS 38.06.025(e) is amended to read: 24  (e) Vacancies in public membership shall be filled in the same manner as 25 original appointment.  Except as provided in AS 39.05.080(4), an [AN] appointee to 26 fill a vacancy shall hold office for the balance of the term for which the predecessor on 27 the board was appointed. A vacancy in board membership does not impair the authority 28 of a quorum of the board members to exercise all the powers and duties of the board. 29 * Sec. 12. AS 39.05 is amended by adding a new section to read: 30  Sec. 39.05.053. TERMS OF OFFICE. The term of office of a position or 31 membership ends on March 1 of the year when the position's or membership's term 01 expires except as otherwise provided in a law relating to positions or memberships on 02 a specific board or commission. 03 * Sec. 13. AS 39.05.060(d) is amended to read: 04  (d) A vacancy occurring during a term of office is filled in the same manner as 05 the original appointment is made and, except as provided in AS 39.05.080(4), is filled 06 for the balance of the unexpired term.  Except as otherwise provided by law, each 07 [EACH] member holds office at the pleasure of the governor notwithstanding the 08 member's term. 09 * Sec. 14. AS 39.05.080 is amended to read: 10  Sec. 39.05.080. PROCEDURE FOR ALL APPOINTMENTS.  Except as 11 otherwise provided in a law relating to the positions or memberships on a specific 12 board or commission, appointment to a position or membership [APPOINTMENTS] 13 shall be made in the following manner: 14  (1)  Each governor shall present to the legislature the names of the 15 persons appointed by that governor; only presentment that occurs during the time 16 that the legislature is in regular session satisfies this requirement. The governor 17 [APPOINTING AUTHORITY] shall, within the first 30 days after [OF THE 18 CONVENING OF] the legislature convenes in regular session, present to the legislature 19 for confirmation the names of the following persons: (A) persons appointed to a position 20 or membership who have not previously been confirmed by the legislature, and (B) [OR 21 EITHER HOUSE OF IT; (B) PERSONS APPOINTED SUBJECT TO 22 CONFIRMATION TO FILL AN EXISTING POSITION OR MEMBERSHIP 23 VACANCY; (C)] persons to be appointed [SUBJECT TO CONFIRMATION] to fill a 24 position or membership the term of which will [SHALL] expire March 1 during that 25 [BEFORE JULY 2, FOLLOWING THE] session of the legislature. If an appointment 26 is made after the first 30 days of the convening of the regular session [DEADLINE] 27 but while the legislature is in regular session, the governor [APPOINTING 28 AUTHORITY] shall, within five calendar days after the appointment is made, present 29 to the legislature for confirmation the name of the person appointed. The deadline may 30 be extended by the legislature by the approval of a concurrent resolution. 31  (2) When appointments are presented to the legislature for confirmation, 01  (A) the presiding officer of each house shall assign the name of 02 each appointee to a standing committee of that house for a hearing, report, and 03 recommendation; standing committees of the two houses assigned the same 04 person's name for consideration may meet jointly to consider the qualifications 05 of the person appointed and may issue either a separate or a joint report and 06 recommendation concerning that person; then 07  (B) the legislature shall, before the end of the session in which 08 the appointments are presented, in joint session assembled, act on the 09 appointments by confirming or declining to confirm by a majority vote of all of 10 the members the appointments presented. 11  (3) When the legislature declines to confirm an appointment, the 12 legislature shall notify the governor [APPOINTING AUTHORITY] of its action and a 13 vacancy in the position or membership exists which the governor [APPOINTING 14 AUTHORITY] shall fill by making a new appointment. The new appointment shall be 15 presented for confirmation to the legislature within 20 calendar days following receipt 16 by the governor [APPOINTING AUTHORITY] of the legislature's notification of its 17 refusal to confirm the prior appointment.  The governor [IF THE NAME OF A 18 PERSON IS SUBMITTED AND IS NOT CONFIRMED, THE APPOINTING 19 AUTHORITY] may not appoint [, UPON RESUBMISSION OF APPOINTMENTS, 20 SUBMIT] again the same [NAME OF THE] person whose confirmation was refused for 21 the same position or membership during the session of the legislature at which 22 confirmation was refused. The person whose name is refused for appointment by the 23 legislature may not thereafter be appointed to the same position or membership during 24 the interim between legislative sessions. Failure of the legislature to act to confirm or 25 decline to confirm an appointment during the session in which the appointment was 26 presented is tantamount to a declination of confirmation on the day the session adjourns. 27  (4) Pending confirmation or rejection of appointment by the legislature, 28 persons appointed shall exercise the functions, [AND] have the powers, and be charged 29 with the duties prescribed by law for the appointive positions or membership.  However, 30 the duration of an appointment made during the time period between regular 31 sessions of the legislature by a person who is not still the governor on the first day 01 of the next regular session ends on the first day of the next regular session. An 02 appointee whose appointment ends on the first day of the next regular session 03 under this paragraph does not serve until a successor is appointed but may be 04 reappointed. For the purpose of applying laws that limit the number of terms or 05 parts of terms that may be served by a member of a board or commission, the 06 part of the term of office that is served under an interim appointment 07 immediately before the member is reappointed under this paragraph is considered 08 to be merged with the part of the term of office that is served immediately after 09 reappointment so that the two periods of service constitute only one part of a 10 term. The duration of an appointment made during a regular session of the 11 legislature and not presented to the legislature by the governor during that session 12 ends no later than the last day of that session. The same governor may not again 13 appoint the same person to the same position or membership if the person's 14 appointment ends because of the governor's failure to present the person's name 15 for confirmation. 16 * Sec. 15. AS 39.23.200(a) is amended to read: 17  (a) The State Officers Compensation Commission is established. The 18 commission is composed of seven members appointed by the governor subject to 19 confirmation by a majority of the legislature in joint session. Members serve for 20 staggered terms of four years. Commission membership shall include at least one 21 business executive, one representative of a nonpartisan voters' organization, one person 22 with experience in public administration, and one representative of a labor 23 organization.  Except as provided in AS 39.05.080(4), a [A] vacancy shall be filled 24 for the balance of the unexpired term. A commission member may serve no more than 25 two complete consecutive terms. 26 * Sec. 16. AS 41.35.330 is amended to read: 27  Sec. 41.35.330. TERM OF OFFICE. The term of office for a member of the 28 commission is three years, except for those who are members by virtue of their 29 positions with the state, who serve for as long as they remain in the position by virtue 30 of which they are members of the commission.  Except as provided in 31 AS 39.05.080(4), a [A] member appointed to fill a vacancy serves for the unexpired 01 term of the member succeeded. 02 * Sec. 17. AS 42.05.030(b) is amended to read: 03  (b) A vacancy arising in the office of commissioner shall be filled by 04 appointment by the governor and confirmed by the legislature in joint session.  Except 05 as provided in AS 39.05.080(4), an [AN] appointee selected to fill a vacancy shall 06 hold office for the balance of the full term for which the appointee's predecessor on 07 the commission was appointed. 08 * Sec. 18. AS 42.40.040(a) is amended to read: 09  (a) Except for the commissioner of commerce and economic development and 10 the commissioner of transportation and public facilities, a vacancy on the board is 11 filled by appointment by the governor, and the appointment must be confirmed by the 12 members of the legislature in joint session.  Except as provided in AS 39.05.080(4), 13 a [A] member appointed to fill a vacancy holds office for the balance of the term for 14 which the member's predecessor was appointed. 15 * Sec. 19. AS 46.15.200 is amended to read: 16  Sec. 46.15.200. TERM OF OFFICE. The term of office for members of the 17 board is four years. If a vacancy occurs, the governor shall fill it by appointment for 18 the unexpired term, subject to AS 39.05.080(4). The appointment shall be submitted 19 to the legislature for confirmation at the next regular [OR SPECIAL] session. 20 * Sec. 20. AS 08.36.020; AS 08.80.020; and AS 08.88.026 are repealed. 21 * Sec. 21. TRANSITIONAL PROVISIONS. In order to implement the changes made in 22 this Act, and notwithstanding other provisions of law that may limit the years or terms of 23 positions or memberships, the terms of office of positions or memberships, as defined in 24 AS 39.05.200, that exist on the effective date of this Act are extended to the March 1 next 25 following the date that the term would have expired without the changes made in this Act. 26 This section does not apply to terms of office that would have expired on March 1 even if this 27 Act had not taken effect. 28 * Sec. 22. This Act takes effect January 1, 1997.