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SCS CSHB 359(L&C): "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 SENATE CS FOR CS FOR HOUSE BILL NO. 359(L&C)                                                                            
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; each governor may present the name of a                                             
16 person appointed by a previous governor; only presentment that occurs during the                                        
17 time that the legislature is in regular session constitutes presentment under this                                      
18 section.  The governor [APPOINTING AUTHORITY] shall, within the first 30 days                                     
19 after [OF THE CONVENING OF] the legislature convenes in regular session, present                                     
20 to the legislature for confirmation the names of the following persons: (A) persons                                     
21 appointed to a position or membership who have not previously been confirmed by the                                     
22 legislature, and (B) [OR EITHER HOUSE OF IT; (B) PERSONS APPOINTED                                                    
23 SUBJECT TO CONFIRMATION TO FILL AN EXISTING POSITION OR                                                                 
24 MEMBERSHIP VACANCY; (C)] persons to be appointed [SUBJECT TO                                                            
25 CONFIRMATION] to fill a position or membership the term of which will [SHALL]                                         
26 expire March 1 during that [BEFORE JULY 2, FOLLOWING THE] session of the                                              
27 legislature.  If an appointment is made after the first 30 days of the convening of the                                
28 regular session [DEADLINE] but while the legislature is in regular session, the                                     
29 governor [APPOINTING AUTHORITY] shall, within five calendar days after the                                             
30 appointment is made, present to the legislature for confirmation the name of the person                                 
31 appointed.  The deadline may be extended by the legislature by the approval of a                                        
01 concurrent resolution.                                                                                                  
02   (2)  When appointments are presented to the legislature for confirmation,                                            
03   (A)  the presiding officer of each house shall assign the name of                                                   
04 each appointee to a standing committee of that house for a hearing, report, and                                       
05 recommendation; standing committees of the two houses assigned the same                                                 
06 person's name for consideration may meet jointly to consider the qualifications                                         
07 of the person appointed and may issue either a separate or a joint report and                                           
08 recommendation concerning that person; then                                                                             
09   (B)  the legislature shall, before the end of the session in which                                                  
10 the appointments are presented, in joint session assembled, act on the                                                  
11 appointments by confirming or declining to confirm by a majority vote of all of                                         
12 the members the appointments presented.                                                                                 
13   (3)  When the legislature declines to confirm an appointment, the                                                    
14 legislature shall notify the governor [APPOINTING AUTHORITY] of its action and a                                      
15 vacancy in the position or membership exists which the governor [APPOINTING                                           
16 AUTHORITY] shall fill by making a new appointment.  The new appointment shall be                                        
17 presented for confirmation to the legislature within 20 calendar days following receipt                                 
18 by the governor [APPOINTING AUTHORITY] of the legislature's notification of its                                       
19 refusal to confirm the prior appointment.  The governor [IF THE NAME OF A                                             
20 PERSON IS SUBMITTED AND IS NOT CONFIRMED, THE APPOINTING                                                                
21 AUTHORITY] may not appoint [, UPON RESUBMISSION OF APPOINTMENTS,                                                      
22 SUBMIT] again the same [NAME OF THE] person whose confirmation was refused for                                        
23 the same position or membership during the session of the legislature at which                                          
24 confirmation was refused.  The person whose name is refused for appointment by the                                      
25 legislature may not thereafter be appointed to the same position or membership during                                 
26 the interim between legislative sessions.  Failure of the legislature to act to confirm or                              
27 decline to confirm an appointment during the session in which the appointment was                                       
28 presented is tantamount to a declination of confirmation on the day the 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.  However,                                
01 the duration of an appointment made during the time period between regular                                              
02 sessions of the legislature by a person who is not still the governor on the first day                                  
03 of the next regular session ends on the date during the next regular session that                                       
04 the sitting governor presents for confirmation an appointment to the office.  For                                       
05 the purpose of applying laws that limit the number of terms or parts of terms                                           
06 that may be served by a member of a board or commission, the part of the term                                           
07 of office that is served under an interim appointment immediately before the                                            
08 member is reappointed under this paragraph is considered to be merged with the                                          
09 part of the term of office that is served immediately after reappointment so that                                       
10 the two periods of service constitute only one part of a term.  The duration of an                                      
11 appointment made during a regular session of the legislature and not presented                                          
12 to the legislature by the governor during that session ends no later than the last                                      
13 day of that session.  The duration of an appointment made during an interim by                                          
14 a governor who is not in office at the beginning of the next regular session of the                                     
15 legislature ends no later than the last day of that regular session unless the                                          
16 governor who is in office during that session presents the person's name for                                            
17 confirmation.  The same governor may not appoint the same person to the same                                            
18 position or membership if the person's appointment ends because of the                                                  
19 governor's failure to present the person's name for confirmation.                                                      
20    * Sec. 15.  AS 39.23.200(a) is amended to read:                                                                      
21  (a)  The State Officers Compensation Commission is established.  The                                                  
22 commission is composed of seven members appointed by the governor subject to                                            
23 confirmation by a majority of the legislature in joint session.  Members serve for                                      
24 staggered terms of four years.  Commission membership shall include at least one                                        
25 business executive, one representative of a nonpartisan voters' organization, one person                                
26 with experience in public administration, and one representative of a labor                                           
27 organization.  Except as provided in AS 39.05.080(4), a [A] vacancy shall be filled                                   
28 for the balance of the unexpired term.  A commission member may serve no more than                                      
29 two complete consecutive terms.                                                                                         
30    * Sec. 16.  AS 41.35.330 is amended to read:                                                                         
31  Sec. 41.35.330.  TERM OF OFFICE.  The term of office for a member of the                                              
01 commission is three years, except for those who are members by virtue of their                                          
02 positions with the state, who serve for as long as they remain in the position by virtue                                
03 of which they are members of the commission.  Except as provided in                                                    
04 AS 39.05.080(4), a [A] member appointed to fill a vacancy serves for the unexpired                                     
05 term of the member succeeded.                                                                                           
06    * Sec. 17.  AS 42.05.030(b) is amended to read:                                                                      
07  (b)  A vacancy arising in the office of commissioner shall be filled by                                               
08 appointment by the governor and confirmed by the legislature in joint session.  Except                                 
09 as provided in AS 39.05.080(4), an [AN] appointee selected to fill a vacancy shall                                     
10 hold office for the balance of the full term for which the appointee's predecessor on                                   
11 the commission was appointed.                                                                                           
12    * Sec. 18.  AS 42.40.040(a) is amended to read:                                                                      
13  (a)  Except for the commissioner of commerce and economic development and                                             
14 the commissioner of transportation and public facilities, a vacancy on the board is                                     
15 filled by appointment by the governor, and the appointment must be confirmed by the                                     
16 members of the legislature in joint session.  Except as provided in AS 39.05.080(4),                                   
17 a [A] member appointed to fill a vacancy holds office for the balance of the term for                                  
18 which the member's predecessor was appointed.                                                                           
19    * Sec. 19.  AS 46.15.200 is amended to read:                                                                         
20  Sec. 46.15.200.  TERM OF OFFICE.  The term of office for members of the                                               
21 board is four years.  If a vacancy occurs, the governor shall fill it by appointment for                                
22 the unexpired term, subject to AS 39.05.080(4).  The appointment shall be submitted                                   
23 to the legislature for confirmation at the next regular [OR SPECIAL] session.                                           
24    * Sec. 20.  AS 08.36.020; AS 08.80.020; and AS 08.88.026 are repealed.                                               
25    * Sec. 21.  TRANSITIONAL PROVISIONS.  In order to implement the changes made in                                      
26 this Act, and notwithstanding other provisions of law that may limit the years or terms of                              
27 positions or memberships, the terms of office of positions or memberships, as defined in                                
28 AS 39.05.200, that exist on the effective date of this Act are extended to the March 1 next                             
29 following the date that the term would have expired without the changes made in this Act.                               
30 This section does not apply to terms of office that would have expired on March 1 even if this                          
31 Act had not taken effect.                                                                                               
01    * Sec. 22.  This Act takes effect January 1, 1997.