00                      CS FOR HOUSE BILL NO. 231(FIN)                                                                    
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; and providing                                   
05 for an effective date."                                                                                                 
06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
07    * Section 1. AS 16.43.020(a) is amended to read:                                                                   
08            (a)  There is established the Alaska Commercial Fisheries Entry Commission                                   
09       as a regulatory and quasi-judicial agency of the state. The commission consists of two                        
10       [THREE] members appointed by the governor and confirmed by the legislature in                                     
11       joint session.                                                                                                    
12    * Sec. 2. AS 16.43.030(c) is amended to read:                                                                      
13            (c)  If there is a [A] vacancy on the commission, [DOES NOT IMPAIR THE                               

01       AUTHORITY OF] a single commissioner may [QUORUM OF COMMISSIONERS                                              
02       TO] exercise all the powers and perform all the duties of the commission.                                         
03    * Sec. 3. AS 16.43.040 is amended to read:                                                                         
04 Sec. 16.43.040. Quorum. Unless there is a vacancy on the commission, two                                          
05 [TWO] members of the commission constitute a quorum for the transaction of                                              
06 business, for the performance of a duty, or for the exercise of a power of the                                          
07       commission.                                                                                                       
08    * Sec. 4. AS 16.43.050 is amended to read:                                                                         
09            Sec. 16.43.050. Qualifications. The commission shall consist of two [THREE]                            
10 members with a broad range of professional experience, neither [NONE] of whom                                       
11 has a vested economic interest in an interim-use permit, entry permit, commercial                                       
12       fishing vessel or gear, or in any fishery resource processing or marketing business.                            
13    * Sec. 5. AS 16.43.060 is amended to read:                                                                         
14 Sec. 16.43.060. Compensation. Members of the commission are in the exempt                                             
15 service and are entitled to a monthly salary equal to a step in Range 25 [27] of the                                
16       salary schedule in AS 39.27.011.                                                                                  
17    * Sec. 6. AS 16.43.110 is amended by adding a new subsection to read:                                              
18 (f)  In case of a tie vote between commissioners in an adjudicatory proceeding,                                         
19 the decision of the hearing officer is the final administrative decision of the                                         
20 commission subject to review by a superior court under AS 44.62 (Administrative                                         
21       Procedure Act).                                                                                                   
22    * Sec. 7. AS 16.43.960(d) is amended to read:                                                                      
23 (d)  Except when there is a vacancy as provided in AS 16.43.030(c), the                                             
24 [THE] show cause hearing shall be conducted before a quorum of commissioners and                                        
25 shall be presided over by a hearing officer appointed by the commission who shall rule                                  
26 on the presentation of evidence and other procedural matters. Hearings shall be                                         
27       conducted in accordance with regulations adopted under AS 16.43.110(b).                                           
28    * Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to                          
29 read:                                                                                                                   
30  APPLICABILITY. AS 16.43.060, as amended by sec. 5 of this Act, applies to the                                          
31 compensation of commissioners of the Alaska Commercial Fisheries Entry Commission                                       

01 appointed after the effective date of this Act.                                                                         
02    * Sec. 9. This Act takes effect immediately under AS 01.10.070(c).