04/22/1995 01:17 PM Senate RES

               HB 141 TERM OF FISH BOARD MEMBERS                              
                                                                              
 The next order of business before the committee was HB 141,                   
 introduced by the House Special Committee on Fisheries.                       
                                                                               
 Number 084                                                                    
                                                                               
 REPRESENTATIVE AUSTERMAN explained HB 141 moves the appointment               
 date of the Board of Fish appointees to a date after confirmation             
 by the Legislature.  The appointees would not actually sit on the             
 board until June 30.  This would prevent appointees from making               
 board decisions prior to confirmation.                                        
                                                                               
 SENATOR HALFORD asked Rep. Austerman if the House Special Committee           
 on Fisheries considered applying the same provisions to game board            
 members.  REP. AUSTERMAN stated the committee did, and was told by            
 several Board of Game members that the number of problems                     
 experienced by the game board were not nearly as severe as those              
 experienced by the Board of Fish.  Because of controversy                     
 surrounding the Board of Game, the Fisheries Committee chose to               
 keep the measure specific to the Board of Fisheries.                          
                                                                               
 Number 116                                                                    
                                                                               
 SENATOR HOFFMAN asked if members would remain on the board during             
 the interim, until replaced.  REP. AUSTERMAN stated they would.               
 SENATOR HOFFMAN believed that additional problems would occur once            
 the new Governor has taken office, especially if the Legislature              
 does not want to confirm an appointee.                                        
                                                                               
 SENATOR LEMAN questioned the current procedure for appointees that            
 are not confirmed.  SENATOR HALFORD remarked the appointee remains            
 on the board until the last day of the legislative session in which           
 he/she was presented.  After that time that appointee cannot serve,           
 and another person can be appointed to serve until the next                   
 legislative session.                                                          
                                                                               
 SENATOR HOFFMAN believed that process to be better, otherwise a               
 board member could remain on the board for several legislative                
 sessions if the Legislature did not confirm any new appointees.               
                                                                               
 Number 154                                                                    
                                                                               
 SENATOR HALFORD stated the bill would change the confirmation                 
 question from determining whether a specific person should be                 
 appointed to a specific position, to whether a specific person                
 should replace an existing board member.  That would give the                 
 Legislature the power to retain a board member.                               
                                                                               
 REP. AUSTERMAN commented under HB 141, the Governor makes the                 
 appointment, but the appointee is not seated until confirmed.                 
 SENATOR HALFORD noted if the Governor does not make an appointment,           
 the existing board member would remain in that seat.  SENATOR                 
 TAYLOR made the correlation to the situation with the current                 
 attorney general.                                                             
                                                                               
 The committee discussed alternatives.  SENATOR HOFFMAN stated the             
 problem is an appointee will sit on a board but be unable to vote             
 until confirmed.  SENATOR HALFORD suggested making term changes, so           
 that terms become vacant during the legislative session, and delete           
 the provision that says, "and until a successor is appointed and              
 the successor's term begins."                                                 
                                                                               
 Number 210                                                                    
                                                                               
 SENATOR PEARCE felt there was a lot of merit to the concept of                
 having a person on the board not serve until confirmation, but if             
 there is a vacancy in April and the Governor does not appoint a               
 person before the end of the legislative session, the seat would be           
 vacant for a whole year.                                                      
                                                                               
 SENATOR TAYLOR moved HB 141 from committee with individual                    
 recommendations.  SENATORS HOFFMAN and HALFORD objected to the                
 motion.  SENATOR LEMAN announced the bill would be held in                    
 committee for further work.