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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."

00 HOUSE 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.