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CSHB 231(FSH): "An Act reducing the membership of the Alaska Commercial Fisheries Entry Commission to two individuals; providing that a single commissioner may exercise all powers and duties of the commission if there is a vacancy on the commission; providing for commissioner compensation; relating to tie votes of the commission; assigning employees of the commission to the classified service; and providing for an effective date."

00                       CS FOR HOUSE BILL NO. 231(FSH)                                                                    
01 "An Act reducing the membership of the Alaska Commercial Fisheries Entry                                                
02 Commission to two individuals; providing that a single commissioner may exercise all                                    
03 powers and duties of the commission if there is a vacancy on the commission; providing                                  
04 for commissioner compensation; relating to tie votes of the commission; assigning                                       
05 employees of the commission to the classified service; and providing for an effective                                   
06 date."                                                                                                                  
07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
08    * Section 1. AS 16.43.020(a) is amended to read:                                                                   
09            (a)  There is established the Alaska Commercial Fisheries Entry Commission                                   
10       as a regulatory and quasi-judicial agency of the state. The commission consists of two                        
11       [THREE] members appointed by the governor and confirmed by the legislature in                                     
12       joint session.                                                                                                    
13    * Sec. 2. AS 16.43.030(c) is amended to read:                                                                      
01            (c)  If there is a [A] vacancy on the commission, [DOES NOT IMPAIR THE                               
02       AUTHORITY OF] a single commissioner may [QUORUM OF COMMISSIONERS                                              
03       TO] exercise all the powers and perform all the duties of the commission.                                         
04    * Sec. 3. AS 16.43.040 is amended to read:                                                                         
05 Sec. 16.43.040. Quorum. Unless there is a vacancy on the commission, two                                          
06 [TWO] members of the commission constitute a quorum for the transaction of                                              
07 business, for the performance of a duty, or for the exercise of a power of the                                          
08       commission.                                                                                                       
09    * Sec. 4. AS 16.43.060 is amended to read:                                                                         
10 Sec. 16.43.060. Compensation. Members of the commission are in the exempt                                             
11 service and are entitled to a monthly salary. The member serving as chair is paid a                                 
12 salary equal to a step in Range 27, and the other commissioner is paid a salary                               
13       equal to a step in Range 24, of the salary schedule in AS 39.27.011.                                          
14    * Sec. 5. AS 16.43.080(a) is amended to read:                                                                      
15 (a)  The commission may employ those persons necessary to carry out the                                                 
16 purposes of this chapter. [EMPLOYEES OF THE COMMISSION ARE IN THE                                                       
17       EXEMPT SERVICE UNDER AS 39.25.110.]                                                                               
18    * Sec. 6. AS 16.43.110 is amended by adding a new subsection to read:                                              
19 (f)  In case of a tie vote between commissioners in an adjudicatory proceeding,                                         
20 the decision of the hearing officer is the final administrative decision of the                                         
21 commission subject to review by a superior court under AS 44.62 (Administrative                                         
22       Procedure Act).                                                                                                   
23    * Sec. 7. AS 16.43.960(d) is amended to read:                                                                      
24 (d)  The show cause hearing shall be conducted before at least one                                                  
25 commissioner [A QUORUM OF COMMISSIONERS] and shall be presided over by                                              
26 a hearing officer appointed by the commission [WHO SHALL RULE ON THE                                                    
27 PRESENTATION OF EVIDENCE AND OTHER PROCEDURAL MATTERS].                                                                 
28 Hearings shall be conducted in accordance with regulations adopted under                                                
29       AS 16.43.110(b).                                                                                                  
30    * Sec. 8. AS 39.25.110(11)(D) is repealed.                                                                         
31    * Sec. 9. The uncodified law of the State of Alaska is amended by adding a new section to                          
01 read:                                                                                                                   
02        APPLICABILITY. AS 16.43.060, as amended by sec. 4 of this Act, applies to the                                    
03 compensation of commissioners of the Alaska Commercial Fisheries Entry Commission                                       
04 appointed after the effective date of this Act.                                                                         
05    * Sec. 10. The uncodified law of the State of Alaska is amended by adding a new section to                         
06 read:                                                                                                                   
07 TRANSITION: ASSIGNMENT OF EXISTING STAFF MEMBERS OF THE                                                                 
08 ALASKA COMMERCIAL FISHERIES ENTRY COMMISSION. Employees employed as                                                     
09 staff members of the Alaska Commercial Fisheries Entry Commission on or before the                                      
10 effective date of this Act are assigned to the classified service in accordance with                                    
11 AS 16.43.080(a), as amended by sec. 5 of this Act. Notwithstanding any other provision of                               
12 law, staff members of the Alaska Commercial Fisheries Entry Commission employed on or                                   
13 before the effective date of this Act                                                                                   
14            (1)  shall immediately be appointed to the classified service;                                               
15            (2)  may not have a reduction in pay                                                                         
16                 (A)  solely because of the assignment described in this section; or                                     
17                 (B)  if the employee is assigned to a position in the classified service                                
18       that is classified at a lower rate of pay than the rate of pay that was received when the                         
19       position was assigned to the exempt service.                                                                      
20    * Sec. 11. This Act takes effect immediately under AS 01.10.070(c).