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).