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CSHB 331(STA): "An Act relating to appointment of persons to positions that require confirmation by the legislature; and providing for an effective date."

00                       CS FOR HOUSE BILL NO. 331(STA)                                                                    
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       immediately [, WITHIN FIVE CALENDAR DAYS AFTER THE APPOINTMENT                                                
07       IS MADE,] present to the legislature for confirmation the name of the person                                      
08       appointed.  [THE DEADLINE MAY BE EXTENDED BY THE LEGISLATURE BY                                                   
09       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).