HB 359: "An Act relating to the appointment and confirmation process for members of certain boards, commissions, and similar bodies; relating to terms of certain appointees; and providing for an effective date."
00HOUSE BILL NO. 359 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 08 in AS 39.05.080(4), a [A] member of a board serves until a successor is appointed. 09 Except as provided in AS 39.05.080(4), an [AN] appointment to fill a vacancy on a 10 board is for the remainder of the unexpired term. A member who has served all or 11 part of two successive terms on a board may not be reappointed to that board unless 12 four years have elapsed since the person has last served on the board. 13 * Sec. 2. AS 14.07.095 is amended to read: 14 Sec. 14.07.095. TERM OF OFFICE. The members of the board shall be
01 appointed for overlapping five-year terms commencing on the March 1 following the 02 date of the member's [FEBRUARY 1 OF THE YEAR OF] appointment. Except as 03 provided in AS 39.05.080(4), a [A] member appointed to fill a vacancy serves for the 04 unexpired term of the member whose vacancy is filled. A vacancy occurring during 05 a term of office is filled in the same manner as the original appointment. 06 * Sec. 3. AS 15.13.020(h) is amended to read: 07 (h) A vacancy on the commission shall be filled through the appropriate 08 appointing method for the position within 30 days after the occurrence of the vacancy. 09 Except as provided in AS 39.05.080(4), the [THE] appointee shall serve for the 10 remaining term of the appointee's predecessor. 11 * Sec. 4. AS 16.43.030(b) is amended to read: 12 (b) A vacancy on the commission shall be filled by appointment by the 13 governor and the appointment shall be confirmed by the legislature in joint session. 14 Except as provided in AS 39.05.080(4), a [A] member selected to fill a vacancy shall 15 hold office for the balance of the full term for which the member's predecessor on the 16 commission was appointed. 17 * Sec. 5. 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 22 commission was appointed. 23 * Sec. 6. 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 27 on the board was appointed. A vacancy in board membership does not impair the 28 authority of a quorum of the board members to exercise all the powers and duties of 29 the board. 30 * Sec. 7. AS 39.05 is amended by adding a new section to read: 31 Sec. 39.05.053. TERMS OF OFFICE. The term of office of a position or
01 membership ends on March 1 of the year when the position's or membership's term 02 expires except as otherwise provided in a law relating to positions or memberships on 03 a specific board or commission. 04 * Sec. 8. AS 39.05.060(d) is amended to read: 05 (d) A vacancy occurring during a term of office is filled in the same manner 06 as the original appointment is made and, except as provided in AS 39.05.080(4), is 07 filled for the balance of the unexpired term. Except as otherwise provided by law, 08 each [EACH] member holds office at the pleasure of the governor notwithstanding the 09 member's term. 10 * Sec. 9. AS 39.05.080 is amended to read: 11 Sec. 39.05.080. PROCEDURE FOR ALL APPOINTMENTS. Except as 12 otherwise provided in a law relating to the positions or memberships on a specific 13 board or commission, appointment to a position or membership 14 [APPOINTMENTS] shall be made in the following manner: 15 (1) The governor [APPOINTING AUTHORITY] shall, within the first 16 30 days after [OF THE CONVENING OF] the legislature convenes in regular session, 17 present to the legislature for confirmation the names of the following persons: (A) 18 persons appointed to a position or membership who have not previously been 19 confirmed by the legislature, and (B) [OR EITHER HOUSE OF IT; (B) PERSONS 20 APPOINTED SUBJECT TO CONFIRMATION TO FILL AN EXISTING POSITION 21 OR MEMBERSHIP VACANCY; (C)] persons to be appointed [SUBJECT TO 22 CONFIRMATION] to fill a position or membership the term of which will [SHALL] 23 expire March 1 during that [BEFORE JULY 2, FOLLOWING THE] session of the 24 legislature. If an appointment is made after the first 30 days of the convening of the 25 regular session [DEADLINE] but while the legislature is in regular session, the 26 governor [APPOINTING AUTHORITY] shall, within five calendar days after the 27 appointment is made, present to the legislature for confirmation the name of the person 28 appointed. The deadline may be extended by the legislature by the approval of a 29 concurrent resolution. 30 (2) When appointments are presented to the legislature for 31 confirmation,
01 (A) the presiding officer of each house shall assign the name 02 of each appointee to a standing committee of that house for a hearing, report, 03 and 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 10 of 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 13 a vacancy in the position or membership exists which the governor [APPOINTING 14 AUTHORITY] shall fill by making a new appointment. The new appointment shall 15 be presented for confirmation to the legislature within 20 calendar days following 16 receipt by the governor [APPOINTING AUTHORITY] of the legislature's notification 17 of its refusal to confirm the prior appointment. The governor [IF THE NAME OF 18 A 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 21 for 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 by the governor under (1) of this section or assigned to a committee 27 under (5) of this section is tantamount to a declination of confirmation on the day the 28 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.
01 However, the duration of an appointment made during the time period between 02 regular sessions of the legislature, or within five days of the end of a regular 03 session, ends on the first day of the next regular session. An appointee whose 04 appointment ends on the first day of the next regular session, under this 05 paragraph, does not serve until a successor is appointed but may be reappointed 06 for the remainder of the term. 07 (5) The legislature may consider presented, for purposes of this 08 section, the name of a person who is performing the duties of a position or 09 membership, regardless of whether the governor has submitted the person's name 10 to the legislature. The provisions of (2) - (4) of this section apply to appointments 11 considered presented under this paragraph. Assignment of an appointee's name 12 to a committee under (2) of this section constitutes the legislature's intent to 13 consider a name presented under this paragraph. The legislature shall notify the 14 governor of appointments assigned to a committee under this paragraph. 15 * Sec. 10. AS 39.23.200(a) is amended to read: 16 (a) The State Officers Compensation Commission is established. The 17 commission is composed of seven members appointed by the governor subject to 18 confirmation by a majority of the legislature in joint session. Members serve for 19 staggered terms of four years. Commission membership shall include at least one 20 business executive, one representative of a nonpartisan voters' organization, one person 21 with experience in public administration, and one representative of a labor 22 organization. Except as provided in AS 39.05.080(4), a [A] vacancy shall be filled 23 for the balance of the unexpired term. A commission member may serve no more than 24 two complete consecutive terms. 25 * Sec. 11. AS 41.35.330 is amended to read: 26 Sec. 41.35.330. TERM OF OFFICE. The term of office for a member of the 27 commission is three years, except for those who are members by virtue of their 28 positions with the state, who serve for as long as they remain in the position by virtue 29 of which they are members of the commission. Except as provided in 30 AS 39.05.080(4), a [A] member appointed to fill a vacancy serves for the unexpired 31 term of the member succeeded.
01 * Sec. 12. AS 42.05.030(b) is amended to read: 02 (b) vacancy arising in the office of commissioner shall be filled by 03 appointment by the governor and confirmed by the legislature in joint session. Except 04 as provided in AS 39.05.080(4), an [AN] appointee selected to fill a vacancy shall 05 hold office for the balance of the full term for which the appointee's predecessor on 06 the commission was appointed. 07 * Sec. 13. AS 42.40.040(a) is amended to read: 08 (a) Except for the commissioner of commerce and economic development and 09 the commissioner of transportation and public facilities, a vacancy on the board is 10 filled by appointment by the governor, and the appointment must be confirmed by the 11 members of the legislature in joint session. Except as provided in AS 39.05.080(4), 12 a [A] member appointed to fill a vacancy holds office for the balance of the term for 13 which the member's predecessor was appointed. 14 * Sec. 14. AS 46.15.200 is amended to read: 15 Sec. 46.15.200. TERM OF OFFICE. The term of office for members of the 16 board is four years. If a vacancy occurs, the governor shall fill it by appointment for 17 the unexpired term, subject to AS 39.05.080(4). The appointment shall be submitted 18 to the legislature for confirmation at the next regular [OR SPECIAL] session. 19 * Sec. 15. AS 08.36.020; AS 08.80.020; and AS 08.88.026 are repealed. 20 * Sec. 16. TRANSITIONAL PROVISIONS. In order to implement the changes made in 21 this Act, and notwithstanding other provisions of law that may limit the years or terms of 22 positions or memberships, the terms of office of positions or memberships, as defined in 23 AS 39.05.200, that exist on the effective date of this Act are extended to the March 1 next 24 following the date that the term would have expired without the changes made in this Act. 25 This section does not apply to terms of office that would have expired on March 1 even if this 26 Act had not taken effect. 27 * Sec. 17. This Act takes effect January 1, 1997.