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HB 149: "An Act relating to the Board of Fisheries; and providing for an effective date."

00HOUSE BILL NO. 149 01 "An Act relating to the Board of Fisheries; and providing for an effective date." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 16.05.221(a) is amended to read: 04  (a) For purposes of the conservation and development of the fishery resources 05 of the state, there is created the Board of Fisheries composed of three [SEVEN] 06 members appointed by the governor, subject to confirmation by a majority of the 07 members of the legislature in joint session. The governor shall appoint each member 08 on the basis of interest in public affairs, good judgment, knowledge, and ability in the 09 field of action of the board, and with a view to providing diversity of interest and 10 points of view in the membership. The appointed members shall be residents of the 11 state and shall be appointed without regard to political affiliation or geographical 12 location of residence. The governor shall designate one member of the board as 13 chair of the board. The member designated shall serve as chair for a term of two 14 years, and may be designated chair for successive two-year terms. A member of

01 the board may not have a vested economic interest in an interim-use permit, entry 02 permit, commercial fishing vessel or gear, or in any fishery resource processing 03 or marketing business. The commissioner is not a member of the Board of Fisheries, 04 but shall be ex officio secretary. 05 * Sec. 2. AS 16.05.221(c) is amended to read: 06  (c) Members of the Board of Fisheries serve staggered terms of four years 07 and until a successor is appointed. Members of the [BOARD OF FISHERIES OR] 08 Board of Game serve staggered terms of three years and until a successor is appointed. 09 An appointment to fill a vacancy in the membership of the Board of Fisheries or Board 10 of Game shall be made in the same manner as the original appointment and for the 11 balance of the unexpired term. 12 * Sec. 3. AS 16.05.290 is amended to read: 13  Sec. 16.05.290. COMPENSATION OF BOARD MEMBERS. Each member 14 of the Board of Game [A BOARD] is entitled to compensation at a rate equal to Step 15 A, Range 20, of the salary schedule in AS 39.27.011(a) for Juneau, Alaska, for each 16 day going to and from and for each day in actual attendance at board meetings. For 17 other meetings or conferences authorized by the [A] board, a member shall receive 18 compensation at a rate equal to one-half of Step A, Range 20, of the salary schedule 19 in AS 39.27.011(a) for Juneau, Alaska, for each day going to and from and for each 20 day in actual attendance. Each member of the [A] board is also entitled to travel 21 expenses and per diem authorized for boards and commissions under AS 39.20.180. 22 * Sec. 4. AS 16.05.290 is amended by adding a new subsection to read: 23  (b) Members of the Board of Fisheries are in the exempt service and are 24 entitled to a monthly salary equal to Step C, Range 26, of the salary schedule in 25 AS 39.27.011(a) for Juneau, Alaska. 26 * Sec. 5. AS 16.05.320 is amended to read: 27  Sec. 16.05.320. QUORUM. A majority of the members of a board constitutes 28 a quorum for the transaction of business, for the performance of any duty, and for the 29 exercise of any power. However, a majority of the full board membership is required 30 to carry all motions, regulations, and resolutions. A majority of the members of each 31 of the boards of fisheries and game constitute a quorum for the transaction of business

01 in a joint board meeting. A majority of the membership of each of the boards is 02 required to carry all joint motions, regulations, and resolutions of the boards. 03 * Sec. 6. AS 39.25.110(11) is amended to read: 04  (11) the officers and employees of the following boards, commissions, 05 and authorities: 06  (A) [REPEALED 07  (B)] Alaska Permanent Fund Corporation; 08  (B) [(C)] Alaska Industrial Development and Export Authority; 09  (C) [(D)] Alaska Commercial Fisheries Entry Commission; 10  (D) [(E)] Alaska Commission on Postsecondary Education; 11  (E) [(F)] Alaska Aerospace Development Corporation; 12  (F) Board of Fisheries; 13 * Sec. 7. The governor shall appoint, and submit to the legislature for confirmation by the 14 10th legislative day of the Second Regular Session of the Nineteenth Alaska State Legislature, 15 three persons qualified to serve on the Board of Fisheries as restructured by secs. 1 - 6 of this 16 Act. Notwithstanding AS 16.05.221(c), as amended by sec. 2 of this Act, the governor shall 17 appoint one person to serve on the board for an initial term of two years, one person to serve 18 on the board for an initial term of three years, and one person to serve on the board for a term 19 of four years. 20 * Sec. 8. (a) This section of this Act does not take effect if sec. 9 of this Act is passed 21 by concurrence of two-thirds of the membership of each house of the Alaska State Legislature 22 as provided under art. II, sec. 18, Constitution of the State of Alaska. 23 (b) Notwithstanding secs. 1 - 6 of this Act, the persons serving as members of the 24 Board of Fisheries on the day before the effective date of sec. 1 of this Act, and their 25 successors, shall continue to serve on the board until July 1 following the confirmation by 26 the legislature of at least two of the three persons appointed by the governor to serve on the 27 Board of Fisheries as restructured by secs. 1 - 6 of this Act. 28 (c) Notwithstanding secs. 1 - 6 of this Act, the Board of Fisheries shall operate under 29 the provisions of AS 16.05.221, 16.05.290, 16.05.320, and AS 39.25.110 as those provisions 30 read on the day before the effective date of sec. 1 of this Act until July 1 following the 31 confirmation by the legislature of at least two of the three persons appointed by the governor

01 to serve on the Board of Fisheries as restructured by secs. 1 - 6 of this Act. 02 * Sec. 9. Sections 1 - 6 of this Act take effect on July 1 following the confirmation by the 03 legislature of at least two of the three persons appointed by the governor to serve on the Board 04 of Fisheries as restructured by secs. 1 - 6 of this Act.