1995-02-10                     House Journal                      Page 0302
HB 174                                                                       
HOUSE BILL NO. 174 by the House Rules Committee by request of                  
the Governor, entitled:                                                        
                                                                               
"An Act relating to the appointment and removal of the                        
commissioner of education; and providing for an effective date."               
                                                                               
was read the first time and referred to the Health, Education & Social         
Services and Finance Committees.                                               
                                                                               
The following fiscal note applies:                                             
                                                                               
Zero fiscal note, Office of the Governor, 2/10/95                              
                                                                               
The Governor's transmittal letter, dated February 10, 1995, appears            
below:                                                                         
                                                                               
"Dear Speaker Phillips:                                                        
                                                                               
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am     
transmitting a bill relating to the appointment and removal of the             
commissioner of education.                                                     

1995-02-10                     House Journal                      Page 0303
HB 174                                                                       
Existing law provides that the commissioner of education is the                
principal executive officer of the Department of Education.  Section 1         
of the bill amends AS 14.07.145(a) to provide that the commissioner            
serves at the pleasure of the governor, as do commissioners of other           
state agencies.                                                                
                                                                               
Section 2 of the bill repeals an existing provision that permits the           
appointment of the commissioner for a term of office not to exceed             
five years, and repeals language providing for removal of the                  
commissioner from office for cause.  Additionally, sec. 2 of the bill          
repeals the definition of "cause" regarding removal of the                     
commissioner.                                                                  
                                                                               
Section 3 of the bill provides for an immediate effective date, in order       
to ensure that the next commissioner of education is appointed under           
the new terms, after the bill is enacted into law.                             
                                                                               
Article III, section 25 of the Alaska Constitution provides that heads         
of each principal department should serve at the pleasure of the               
Governor.  The provision in current law permitting the use of long-            
term contracts in the hiring of the commissioner for the Department of         
Education thwarts the purpose of this section of the Constitution.  I          
urge your prompt action on this important measure.                             
                                                                               
                                                                               
											Sincerely,                                                          
											/s/                                                                 
											Tony Knowles                                                        
											Governor"