03/14/2002 08:09 AM House STA

HB 331-PRESENTMENT OF GOVERNOR'S APPOINTEES                                                                                   
                                                                                                                                
Number 0990                                                                                                                     
                                                                                                                                
CHAIR  COGHILL announced  that  the next  order  of business  was                                                               
HOUSE BILL  NO. 331, "An  Act relating to appointment  of persons                                                               
to positions  that require confirmation  by the  legislature; and                                                               
providing for  an effective date."   [HB  331 was amended  at the                                                               
February  28,  2002,  House   State  Affairs  Standing  Committee                                                               
hearing.]                                                                                                                       
                                                                                                                                
Number 1000                                                                                                                     
                                                                                                                                
LINDA SYLVESTER, Staff to Representative  Pete Kott, Alaska State                                                               
Legislature, indicated  that the  discussion would  center around                                                               
the  word "immediately".    In  response to  a  request by  Chair                                                               
Coghill,  she pointed  to  page 2,  line  4, of  the  bill.   She                                                               
reminded the committee that this  portion of the bill addresses a                                                               
situation,  whereby the  governor  may have  made an  appointment                                                               
early in  the legislative  session, but  the legislature  has not                                                               
confirmed that appointment.   In that case, she  said, before the                                                               
end of  the appointment [term],  the governor would  make another                                                               
appointment.                                                                                                                    
                                                                                                                                
MS. SYLVESTER said the lack of  a confirmation of a board of game                                                               
member last  year gave  rise to this  proposed legislation.   [At                                                               
that  time]  it  was  unclear  in  statute  whether  or  not  the                                                               
legislature  was authorized  by  law to  confirm the  appointment                                                               
during a special  session.  The proposed bill  clarifies that all                                                               
confirmation hearings take place during the regular session.                                                                    
                                                                                                                                
Number 1120                                                                                                                     
                                                                                                                                
MS. SYLVESTER  read the  original language of  the bill  [page 2,                                                               
lines 4-8].  She explained  that the original language, [with its                                                               
five-day  deadline] made  it possible  for  the presentment  [for                                                               
confirmation] to fall  outside of the regular session.   She said                                                               
the mention of five calendar  days was removed and indicated that                                                               
the  language that  replaced that  stipulates  that the  governor                                                               
will "simultaneously" present an appointment to the legislature.                                                                
                                                                                                                                
MS. SYLVESTER  noted that,  during the  last House  State Affairs                                                               
Standing  Committee meeting  in which  members discussed  HB 331,                                                               
they found the word "simultaneously"  to be problematic and asked                                                               
that it  be replaced with  the word "immediately".   She reminded                                                               
the  committee that  Chair Coghill  had requested  a decision  by                                                               
Legislative Legal  Services regarding  whether that  change would                                                               
work.   Ms. Sylvester said  it will work.   She noted  that Terri                                                               
Lauterbach  had  found  that  the  word  "immediately"  would  be                                                               
construed by a court to mean  "within a reasonable time under the                                                               
circumstance."   Ms.  Sylvester  added that  it  would serve  the                                                               
governor and the legislature, while  providing enough cushion and                                                               
"wiggle room" for the "practicalities of the circumstance."                                                                     
                                                                                                                                
Number 1280                                                                                                                     
                                                                                                                                
CHAIR  COGHILL  offered  his  understanding  that  the  committee                                                               
members should  have that  amendment in their  packets.   He said                                                               
that  "a  reasonable  time,  under  the  circumstance"  fits  the                                                               
legislature's schedule.                                                                                                         
                                                                                                                                
MS.  SYLVESTER noted  that another  alternative that  was offered                                                               
was  a limitation  on the  governor, that  he could  not make  an                                                               
appointment  or  presentment,  within  the  last  14  days  of  a                                                               
legislature.    She  indicated  that the  problem  was  that  the                                                               
governor  is  authorized  to  make  the  appointment,  while  the                                                               
legislature is  only allowed  to confirm.   She  said it  did not                                                               
appear  likely that  it would  be  within the  boundaries of  the                                                               
constitution for  the legislature  to place  a limitation  on the                                                               
governor's ability to appoint.                                                                                                  
                                                                                                                                
Number 1355                                                                                                                     
                                                                                                                                
REPRESENTATIVE HAYES moved  to report HB 331, as  amended, out of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal  notes.   There  being  no  objection, CSHB  331(STA)  was                                                               
reported from the House State Affairs Standing Committee.