HB 65: "An Act relating to the duties and powers of certain unconfirmed appointees to the Board of Fisheries and the Board of Game; and providing for an effective date."
00 HOUSE BILL NO. 65 01 "An Act relating to the duties and powers of certain unconfirmed appointees to the 02 Board of Fisheries and the Board of Game; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 16.05.221(c) is amended to read: 05 (c) Members of the Board of Game serve staggered terms of three years. The 06 terms of the members of the board begin on July 1. Notwithstanding AS 39.05.080(1), 07 by April 1 of the calendar year in which the term expires, the governor shall appoint a 08 person to fill the vacancy that will arise on the board because of the expiration of the 09 term of a member of the board and submit the name of the person to the legislature for 10 confirmation. If a vacancy arises on the board, the governor shall, except as provided 11 under AS 16.05.243, within 30 days after the vacancy arises, appoint a person to 12 serve the balance of the unexpired term and submit the name of the person to the 13 legislature for confirmation. A person appointed to fill the balance of an unexpired 14 term shall serve on the board from the date of appointment until the earlier of the
01 expiration of the term or the failure of the legislature to confirm the person under 02 AS 39.05.080. 03 * Sec. 2. AS 16.05.221(d) is amended to read: 04 (d) Members of the Board of Fisheries serve staggered terms of three years. 05 The terms of members of the board begin on July 1. Notwithstanding 06 AS 39.05.080(1), by April 1 of the calendar year in which the term expires, the 07 governor shall appoint a person to fill the vacancy that will arise on the board due to 08 expiration of the term of a member of the board and submit the name of the person to 09 the legislature for confirmation. If a vacancy arises on the board, the governor shall, 10 except as provided under AS 16.05.243, within 30 days after the vacancy arises, 11 appoint a person to serve the balance of the unexpired term and submit the name of the 12 person to the legislature for confirmation. A person appointed to fill the balance of an 13 unexpired term shall serve on the board from the date of appointment until the earlier 14 of the expiration of the term or the failure of the legislature to confirm the person 15 under AS 39.05.080. 16 * Sec. 3. AS 16.05 is amended by adding a new section to read: 17 Sec. 16.05.243. Limitations on powers of certain unconfirmed members of 18 Board of Fisheries and Board of Game. (a) Notwithstanding AS 39.05.080(3) and 19 (4), if the legislature has not met in joint session to act to confirm or reject the 20 governor's appointees during a regular legislative session under AS 39.05.080 because 21 the session is recessed, adjourned, or otherwise shortened as a direct result of a natural 22 disaster, public health emergency, or similar circumstance, an appointee to the Board 23 of Fisheries or the Board of Game who was appointed before or during that legislative 24 session, and who has not been confirmed by the legislature, may vote on a matter 25 before the respective board during the subsequent legislative interim only if a majority 26 of the members of both bodies of the legislature confirm the individual's appointment 27 in a poll conducted by the presiding officers of each house. The presiding officers 28 shall conduct the poll at the request of the governor. An appointee confirmed by poll 29 shall be subject to a confirmation vote by the legislature in joint session under 30 AS 39.05.080 at the next legislative session. 31 (b) Notwithstanding AS 16.05.221(c) and (d) and AS 39.05.080, if the
01 legislature rejects an individual appointed to the Board of Fisheries or the Board of 02 Game during a regular legislative session under AS 39.05.080, the governor shall 03 appoint another person within seven days. The legislature shall make every reasonable 04 effort to act timely to confirm or reject an individual appointed under this subsection. 05 If the legislature does not meet in joint session to act on an individual appointed under 06 this subsection during a legislative session, the appointee may vote on a matter before 07 the respective board during the subsequent legislative interim only if a majority of the 08 members of both bodies of the legislature confirm the individual's appointment in a 09 poll conducted by the presiding officers of each house. The presiding officers shall 10 conduct the poll at the request of the governor. An appointee confirmed by poll shall 11 be subject to a confirmation vote by the legislature in joint session under 12 AS 39.05.080 at the next legislative session. 13 (c) Except as provided in (a) and (b) of this section, an appointee to the Board 14 of Fisheries or the Board of Game may not vote on a matter before the respective 15 board until confirmed under AS 39.05.080. 16 * Sec. 4. AS 16.05.320 is amended to read: 17 Sec. 16.05.320. Quorum. A majority of the voting members of a board 18 constitutes a quorum for the transaction of business, for the performance of any duty, 19 and for the exercise of any power. However, a majority of the full voting [BOARD] 20 membership of the board is required to carry all motions, regulations, and resolutions. 21 A majority of the voting members of the boards of fisheries and game constitute a 22 quorum for the transaction of business in a joint board meeting. A majority of the 23 voting membership of the boards is required to carry all joint motions, regulations, 24 and resolutions of the boards. 25 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 26 read: 27 APPLICABILITY. This Act applies to appointments presented by the governor during 28 or after the First Regular Session of the Thirty-Second Alaska State Legislature. 29 * Sec. 6. This Act takes effect immediately under AS 01.10.070(c).