00 SENATE CS FOR CS FOR HOUSE BILL NO. 359(L&C) 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; each governor may present the name of a 16 person appointed by a previous governor; only presentment that occurs during the 17 time that the legislature is in regular session constitutes presentment under this 18 section. The governor [APPOINTING AUTHORITY] shall, within the first 30 days 19 after [OF THE CONVENING OF] the legislature convenes in regular session, present 20 to the legislature for confirmation the names of the following persons: (A) persons 21 appointed to a position or membership who have not previously been confirmed by the 22 legislature, and (B) [OR EITHER HOUSE OF IT; (B) PERSONS APPOINTED 23 SUBJECT TO CONFIRMATION TO FILL AN EXISTING POSITION OR 24 MEMBERSHIP VACANCY; (C)] persons to be appointed [SUBJECT TO 25 CONFIRMATION] to fill a position or membership the term of which will [SHALL] 26 expire March 1 during that [BEFORE JULY 2, FOLLOWING THE] session of the 27 legislature. If an appointment is made after the first 30 days of the convening of the 28 regular session [DEADLINE] but while the legislature is in regular session, the 29 governor [APPOINTING AUTHORITY] shall, within five calendar days after the 30 appointment is made, present to the legislature for confirmation the name of the person 31 appointed. The deadline may be extended by the legislature by the approval of a 01 concurrent resolution. 02  (2) When appointments are presented to the legislature for confirmation, 03  (A) the presiding officer of each house shall assign the name of 04 each appointee to a standing committee of that house for a hearing, report, and 05 recommendation; standing committees of the two houses assigned the same 06 person's name for consideration may meet jointly to consider the qualifications 07 of the person appointed and may issue either a separate or a joint report and 08 recommendation concerning that person; then 09  (B) the legislature shall, before the end of the session in which 10 the appointments are presented, in joint session assembled, act on the 11 appointments by confirming or declining to confirm by a majority vote of all of 12 the members the appointments presented. 13  (3) When the legislature declines to confirm an appointment, the 14 legislature shall notify the governor [APPOINTING AUTHORITY] of its action and a 15 vacancy in the position or membership exists which the governor [APPOINTING 16 AUTHORITY] shall fill by making a new appointment. The new appointment shall be 17 presented for confirmation to the legislature within 20 calendar days following receipt 18 by the governor [APPOINTING AUTHORITY] of the legislature's notification of its 19 refusal to confirm the prior appointment.  The governor [IF THE NAME OF A 20 PERSON IS SUBMITTED AND IS NOT CONFIRMED, THE APPOINTING 21 AUTHORITY] may not appoint [, UPON RESUBMISSION OF APPOINTMENTS, 22 SUBMIT] again the same [NAME OF THE] person whose confirmation was refused for 23 the same position or membership during the session of the legislature at which 24 confirmation was refused. The person whose name is refused for appointment by the 25 legislature may not thereafter be appointed to the same position or membership during 26 the interim between legislative sessions. Failure of the legislature to act to confirm or 27 decline to confirm an appointment during the session in which the appointment was 28 presented is tantamount to a declination of confirmation on the day the session adjourns. 29  (4) Pending confirmation or rejection of appointment by the legislature, 30 persons appointed shall exercise the functions, [AND] have the powers, and be charged 31 with the duties prescribed by law for the appointive positions or membership.  However, 01 the duration of an appointment made during the time period between regular 02 sessions of the legislature by a person who is not still the governor on the first day 03 of the next regular session ends on the date during the next regular session that 04 the sitting governor presents for confirmation an appointment to the office. For 05 the purpose of applying laws that limit the number of terms or parts of terms 06 that may be served by a member of a board or commission, the part of the term 07 of office that is served under an interim appointment immediately before the 08 member is reappointed under this paragraph is considered to be merged with the 09 part of the term of office that is served immediately after reappointment so that 10 the two periods of service constitute only one part of a term. The duration of an 11 appointment made during a regular session of the legislature and not presented 12 to the legislature by the governor during that session ends no later than the last 13 day of that session. The duration of an appointment made during an interim by 14 a governor who is not in office at the beginning of the next regular session of the 15 legislature ends no later than the last day of that regular session unless the 16 governor who is in office during that session presents the person's name for 17 confirmation. The same governor may not appoint the same person to the same 18 position or membership if the person's appointment ends because of the 19 governor's failure to present the person's name for confirmation. 20 * Sec. 15. AS 39.23.200(a) is amended to read: 21  (a) The State Officers Compensation Commission is established. The 22 commission is composed of seven members appointed by the governor subject to 23 confirmation by a majority of the legislature in joint session. Members serve for 24 staggered terms of four years. Commission membership shall include at least one 25 business executive, one representative of a nonpartisan voters' organization, one person 26 with experience in public administration, and one representative of a labor 27 organization.  Except as provided in AS 39.05.080(4), a [A] vacancy shall be filled 28 for the balance of the unexpired term. A commission member may serve no more than 29 two complete consecutive terms. 30 * Sec. 16. AS 41.35.330 is amended to read: 31  Sec. 41.35.330. TERM OF OFFICE. The term of office for a member of the 01 commission is three years, except for those who are members by virtue of their 02 positions with the state, who serve for as long as they remain in the position by virtue 03 of which they are members of the commission.  Except as provided in 04 AS 39.05.080(4), a [A] member appointed to fill a vacancy serves for the unexpired 05 term of the member succeeded. 06 * Sec. 17. AS 42.05.030(b) is amended to read: 07  (b) A vacancy arising in the office of commissioner shall be filled by 08 appointment by the governor and confirmed by the legislature in joint session.  Except 09 as provided in AS 39.05.080(4), an [AN] appointee selected to fill a vacancy shall 10 hold office for the balance of the full term for which the appointee's predecessor on 11 the commission was appointed. 12 * Sec. 18. AS 42.40.040(a) is amended to read: 13  (a) Except for the commissioner of commerce and economic development and 14 the commissioner of transportation and public facilities, a vacancy on the board is 15 filled by appointment by the governor, and the appointment must be confirmed by the 16 members of the legislature in joint session.  Except as provided in AS 39.05.080(4), 17 a [A] member appointed to fill a vacancy holds office for the balance of the term for 18 which the member's predecessor was appointed. 19 * Sec. 19. AS 46.15.200 is amended to read: 20  Sec. 46.15.200. TERM OF OFFICE. The term of office for members of the 21 board is four years. If a vacancy occurs, the governor shall fill it by appointment for 22 the unexpired term, subject to AS 39.05.080(4). The appointment shall be submitted 23 to the legislature for confirmation at the next regular [OR SPECIAL] session. 24 * Sec. 20. AS 08.36.020; AS 08.80.020; and AS 08.88.026 are repealed. 25 * Sec. 21. TRANSITIONAL PROVISIONS. In order to implement the changes made in 26 this Act, and notwithstanding other provisions of law that may limit the years or terms of 27 positions or memberships, the terms of office of positions or memberships, as defined in 28 AS 39.05.200, that exist on the effective date of this Act are extended to the March 1 next 29 following the date that the term would have expired without the changes made in this Act. 30 This section does not apply to terms of office that would have expired on March 1 even if this 31 Act had not taken effect. 01 * Sec. 22. This Act takes effect January 1, 1997.