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
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
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
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
26 * Sec. 22. This Act takes effect January 1, 1997.