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CSHB 359(JUD): "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 CS FOR HOUSE BILL NO. 359(JUD)                                                                                          
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 ends on the first day of the next regular session.  An                                      
01 appointee whose appointment ends on the first day of the next regular session under                                     
02 this paragraph does not serve until a successor is appointed but may be                                                 
03 reappointed.  For the purpose of applying laws that limit the number of terms or                                        
04 parts of terms that may be served by a member of a board or commission, the part                                        
05 of the term of office that is served under an interim appointment immediately                                           
06 before the member is reappointed under this paragraph is considered to be merged                                        
07 with the part of the term of office that is served immediately after reappointment                                      
08 so that the two periods of service constitute only one part of a term.  The duration                                    
09 of an appointment made during a regular session of the legislature and not                                              
10 presented to the legislature by the governor during that session ends no later than                                     
11 the last day of that session.  The same governor may not again appoint the same                                         
12 person to the same position or membership if the person's appointment ends                                              
13 because of the governor's failure to present the person's name for confirmation.                                       
14    * Sec. 15.  AS 39.23.200(a) is amended to read:                                                                      
15  (a)  The State Officers Compensation Commission is established.  The                                                  
16 commission is composed of seven members appointed by the governor subject to                                            
17 confirmation by a majority of the legislature in joint session.  Members serve for                                      
18 staggered terms of four years.  Commission membership shall include at least one                                        
19 business executive, one representative of a nonpartisan voters' organization, one person                                
20 with experience in public administration, and one representative of a labor organization.                            
21 Except as provided in AS 39.05.080(4), a [A] vacancy shall be filled for the balance                                   
22 of the unexpired term.  A commission member may serve no more than two complete                                         
23 consecutive terms.                                                                                                      
24    * Sec. 16.  AS 41.35.330 is amended to read:                                                                         
25  Sec. 41.35.330.  TERM OF OFFICE.  The term of office for a member of the                                              
26 commission is three years, except for those who are members by virtue of their positions                                
27 with the state, who serve for as long as they remain in the position by virtue of which                                 
28 they are members of the commission.  Except as provided in AS 39.05.080(4), a [A]                                     
29 member appointed to fill a vacancy serves for the unexpired term of the member                                          
30 succeeded.                                                                                                              
31    * Sec. 17.  AS 42.05.030(b) is amended to read:                                                                      
01  (b)  A vacancy arising in the office of commissioner shall be filled by                                               
02 appointment by the governor and confirmed by the legislature in joint session.  Except                                 
03 as provided in AS 39.05.080(4), an [AN] appointee selected to fill a vacancy shall hold                                
04 office for the balance of the full term for which the appointee's predecessor on the                                    
05 commission was appointed.                                                                                               
06    * Sec. 18.  AS 42.40.040(a) is amended to read:                                                                      
07  (a)  Except for the commissioner of commerce and economic development and                                             
08 the commissioner of transportation and public facilities, a vacancy on the board is filled                              
09 by appointment by the governor, and the appointment must be confirmed by the members                                    
10 of the legislature in joint session.  Except as provided in AS 39.05.080(4), a [A]                                    
11 member appointed to fill a vacancy holds office for the balance of the term for which                                   
12 the member's predecessor was appointed.                                                                                 
13    * Sec. 19.  AS 46.15.200 is amended to read:                                                                         
14  Sec. 46.15.200.  TERM OF OFFICE.  The term of office for members of the                                               
15 board is four years.  If a vacancy occurs, the governor shall fill it by appointment for the                            
16 unexpired term, subject to AS 39.05.080(4).  The appointment shall be submitted to the                                
17 legislature for confirmation at the next regular [OR SPECIAL] session.                                                  
18    * Sec. 20.  AS 08.36.020; AS 08.80.020; and AS 08.88.026 are repealed.                                               
19    * Sec. 21.  TRANSITIONAL PROVISIONS.  In order to implement the changes made in this                                 
20 Act, and notwithstanding other provisions of law that may limit the years or terms of positions                         
21 or memberships, the terms of office of positions or memberships, as defined in AS 39.05.200,                            
22 that exist on the effective date of this Act are extended to the March 1 next following the date                        
23 that the term would have expired without the changes made in this Act.  This section does not                           
24 apply to terms of office that would have expired on March 1 even if this Act had not taken                              
25 effect.                                                                                                                 
26    * Sec. 22.  This Act takes effect January 1, 1997.