HB 331: "An Act relating to appointment of persons to positions that require confirmation by the legislature; and providing for an effective date."
00 HOUSE BILL NO. 331 01 "An Act relating to appointment of persons to positions that require confirmation by the 02 legislature; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 39.05.080 is amended to read: 05 Sec. 39.05.080. Procedure for all appointments. Except as otherwise 06 provided in a law relating to the positions or memberships on a specific board or 07 commission, appointment to a position or membership shall be made in the following 08 manner: 09 (1) Each governor shall present to the legislature the names of the 10 persons appointed by that governor; each governor may present the name of a person 11 appointed by a previous governor; only presentment that occurs during the time that 12 the legislature is in regular session constitutes presentment under this section. The 13 governor shall, within the first 30 days after the legislature convenes in regular 14 session, present to the legislature for confirmation the names of the following persons:
01 (A) persons appointed to a position or membership who have not previously been 02 confirmed by the legislature, and (B) persons to be appointed to fill a position or 03 membership the term of which will expire on or before March 1 during that session of 04 the legislature. If an appointment is made after the first 30 days of the convening of 05 the regular session but while the legislature is in regular session, the governor shall, 06 simultaneously with making [WITHIN FIVE CALENDAR DAYS AFTER] the 07 appointment [IS MADE], present to the legislature for confirmation the name of the 08 person appointed. [THE DEADLINE MAY BE EXTENDED BY THE 09 LEGISLATURE BY THE APPROVAL OF A CONCURRENT RESOLUTION.] 10 (2) When appointments are presented to the legislature for 11 confirmation, 12 (A) the presiding officer of each house shall assign the name of 13 each appointee to a standing committee of that house for a hearing, report, and 14 recommendation; standing committees of the two houses assigned the same 15 person's name for consideration may meet jointly to consider the qualifications 16 of the person appointed and may issue either a separate or a joint report and 17 recommendation concerning that person; then 18 (B) the legislature shall, before the end of the regular session 19 in which the appointments are presented, in joint session assembled, act on the 20 appointments by confirming or declining to confirm by a majority vote of all of 21 the members the appointments presented. 22 (3) When the legislature declines to confirm an appointment, the 23 legislature shall notify the governor of its action and a vacancy in the position or 24 membership exists which the governor shall fill by making a new appointment. [THE 25 NEW APPOINTMENT SHALL BE PRESENTED FOR CONFIRMATION TO THE 26 LEGISLATURE WITHIN 20 CALENDAR DAYS FOLLOWING RECEIPT BY 27 THE GOVERNOR OF THE LEGISLATURE'S NOTIFICATION OF ITS REFUSAL 28 TO CONFIRM THE PRIOR APPOINTMENT.] The governor may not appoint again 29 the same person whose confirmation was refused for the same position or membership 30 during the regular session of the legislature at which confirmation was refused. The 31 person whose name is refused for appointment by the legislature may not thereafter be
01 appointed to the same position or membership during the interim between regular 02 legislative sessions. Failure of the legislature to act to confirm or decline to confirm 03 an appointment during the regular session in which the appointment was presented is 04 tantamount to a declination of confirmation on the day the regular session adjourns. 05 (4) Pending confirmation or rejection of appointment by the 06 legislature, persons appointed shall exercise the functions, have the powers, and be 07 charged with the duties prescribed by law for the appointive positions or membership. 08 However, the duration of an appointment made during the time period between regular 09 sessions of the legislature by a person who is not still the governor on the first day of 10 the next regular session ends on the date during the next regular session that the sitting 11 governor presents for confirmation an appointment to the office. For the purpose of 12 applying laws that limit the number of terms or parts of terms that may be served by a 13 member of a board or commission, the part of the term of office that is served under 14 an interim appointment immediately before the member is reappointed under this 15 paragraph is considered to be merged with the part of the term of office that is served 16 immediately after reappointment so that the two periods of service constitute only one 17 part of a term. The duration of an appointment made during a regular session of the 18 legislature and not presented to the legislature by the governor during that session ends 19 no later than the last day of that session. The duration of an appointment made during 20 an interim by a governor who is not in office at the beginning of the next regular 21 session of the legislature ends no later than the last day of that regular session unless 22 the governor who is in office during that session presents the person's name for 23 confirmation. The same governor may not appoint the same person to the same 24 position or membership if the person's appointment ends because of the governor's 25 failure to present the person's name for confirmation. 26 * Sec. 2. This Act takes effect immediately under AS 01.10.070(c).