Legislature(2019 - 2020)BELTZ 105 (TSBldg)
03/20/2020 05:00 PM House RULES
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| Audio | Topic |
|---|---|
| Start | |
| HB309 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 309 | TELECONFERENCED | |
HB 309-CONFIRMATION OF APPOINTMENTS
5:02:01 PM
CHAIR KOPP announced that the order of business would be HOUSE
BILL NO. 309, "An Act relating to the procedure for confirmation
of the governor's appointments; and providing for an effective
date."
5:02:19 PM
GRACE ERVINE, Staff, Representative Chuck Kopp, Alaska State
Legislature, chair of the House Rules Standing Committee,
sponsor of HB 309, informed the committee the bill provides if
social distancing or early adjournment of the legislature
prevents the legislature from meeting in joint session, the
governor's appointments will not automatically be declined.
Currently, were the legislature to fail to meet in joint
session, the confirmations would be considered to be declined by
both bodies after adjournment. The bill requires the Thirty-
first Alaska State Legislature to reconvene prior to convening
of the Thirty-second Alaska State Legislature to approve or
decline the confirmations.
REPRESENTATIVE THOMPSON surmised the legislature could meet
anytime between now and the next legislative session. He asked
whether all of the appointees would be [declined] if the
legislature were unable to meet [in joint session for the
purpose of confirmation].
5:04:19 PM
MEGAN WALLACE, Director, Legislative Legal Services, Legislative
Affairs Agency, explained the legislature is required to approve
the governor's appointments; HB 309 amends the statutory
procedure directing that if the legislature does not approve the
confirmations, by the end of regular session, they are
automatically declined. The bill does not contemplate the
legislature not reconvening in joint session to confirm
appointments because it is constitutionally obligated to do so.
REPRESENTATIVE THOMPSON asked whether the Thirty-first Alaska
State Legislature could reconvene on 1/7/21 to confirm
appointees.
MS. WALLACE said yes, up until the Thirty-second Alaska State
Legislature convenes.
REPRESENTATIVE PRUITT directed attention to the bill on page 2,
lines 2-4, which read:
2 (b) After the legislature meets in joint session
assembled to act on the appointments presented by the
governor during, and after adjournment of, the ...
REPRESENTATIVE PRUITT pointed out the aforementioned language
seems to affect not only the normal confirmation process, but
anyone appointed prior to reconvening of [the Thirty-first]
Alaska State legislature].
MS. WALLACE further explained the legislature would consider any
names presented by the governor before the time of the joint
session for the purpose of confirmation. The bill is meant to
preserve the provision that allows for automatic declination of
appointees on which the legislature purposefully fails to take
action. She remarked:
If there's a circumstance where the legislature
adjourns, adjourns the second regular session, and the
governor continues to present names, up until the
point that the legislature meets in that joint
session, that if the legislature doesn't take up any
of those names, that then they would be automatically,
it would be tantamount to a declination.
REPRESENTATIVE PRUITT said many appointments take place during
interim, for example, to fill vacancies, and those appointments
would be addressed when the [Thirty-first Alaska State
Legislature was reconvened].
5:10:12 PM
MS. WALLACE concurred.
REPRESENTATIVE PRUITT asked whether a governor, who has
appointed someone to a particular position during interim, can
withhold the message of the appointment from the legislature.
MS. WALLACE advised AS 39.05.080(1) provides the governor has
until the fifteenth day of session to present names for
confirmation; the legislature has until the end of session to
act on confirmations. She expressed her understanding names of
appointees are withheld during interim and presented after the
legislature convenes for its regular session. However, it may
be possible for the governor to hold the names of interim
appointments. She stated:
The operative language in the bill before you would
be, "to act on appointments presented by the
governor."
REPRESENTATIVE PRUITT remarked:
The right once we've decided to vote on that, once
we've taken that joint session, the right to determine
whether or not those people are confirmed rests on the
members that are seated in these positions in the next
session, the next regular session. ... So, even if
he were to present something to us, I don't really
think it's, it's really our right to decide yes or no
on those individuals after ... the normal regular
session. It's essentially allowing us to take a vote
on an interim appointment ....
REPRESENTATIVE PRUITT suggested there may have been a similar
situation addressed [by a special session on 8/10/09 related to
the appointment and confirmation of the lieutenant governor].
MS. WALLACE said:
I recall the legislature having to meet in special
session ... a one-day special session in Anchorage to
address that appointment. For that reason, I included
the language in case there was an emergency need to
appoint someone and the governor presented that name
to the legislature for appointment, to allow the
legislature to take up that name.
REPRESENTATIVE PRUITT questioned whether there are boards to
which an [appointee] cannot be seated, or participate in actions
of the board without confirmation, such as the board of trustees
of the Alaska Mental Health Trust Authority (AMHTA).
MS. WALLACE noted a temporary exception in the bill could
address this issue should the legislature choose to do so.
REPRESENTATIVE PRUITT expressed intent to further address this
issue.
REPRESENTATIVE STUTES said she is aware of an individual who is
sitting and voting on a board to which they have not been
confirmed.
5:15:18 PM
CHAIR KOPP returned attention to the bill on page 2, lines 2-6,
which read:
2 (b) After the legislature meets in joint session
assembled to act on the appointments presented by the
governor during, and after adjournment of, the Second
Regular Session of the Thirty-First Alaska State
Legislature, the failure of the legislature to act to
confirm or decline to confirm an appointment presented
will be tantamount to a declination of confirmation on
the day the joint session adjourns.
CHAIR KOPP said:
And you could read that word "during" as going back to
the legislature meeting, or you could ... read the
"during" could be speaking of the governor making the
appointments during session or after adjournment. ...
In laymen's terms, it looks like we're saying, after
the legislature meets in joint session to act on
appointments offered by the governor during session
and after adjournment of the session. So, we're
saying those appointments can happen during session or
after the adjournment of the session. Is that
correct?
MS. WALLACE said the language in [subsection (b)] was from
underlying statute, AS 39.05.080. She remarked:
The language before you is intended to mean that the
names that were presented during the ... second
regular session of the thirty-first legislature, that
is what the language is intended to capture. So, it's
the names presented during the second regular session
of the Thirty-first Alaska State Legislature. And
then the language of "after the legislature meets" was
meant to trigger, it's not until the legislature
actually meets in joint session and then either takes
up all or some of the appointments that then the
failure to take up those names would be tantamount to
a declination of those, of those persons.
CHAIR KOPP surmised "after the adjournment" would be a special
session.
MS. WALLACE said correct.
5:18:16 PM
REPRESENTATIVE PRUITT observed most appointees to boards and
commissions begin their service immediately following their
appointment. However, members appointed to the AMHTA board of
trustees cannot participate prior to confirmation, as is the
situation for appointee Rhonda Boyles, thus from this time until
the legislature reconvenes, there would be an open seat on the
AMHTA board of trustees. He questioned whether the open seat
should remain open until the legislature reconvenes and votes to
confirm.
5:20:17 PM
The committee took an at-ease from 5:20 p.m. to 5:22 p.m.
5:22:02 PM
CHAIR KOPP surmised the issue raised by Representative Pruitt
could be addressed by a committee substitute for HB 309 or by a
floor amendment to the bill.
MS. WALLACE said correct.
REPRESENTATIVE PRUITT returned attention to the issue related to
removing the language, "and after adjournment of" and cautioned
against action that might affect future legislators, including
their right to vote on interim appointments.
5:23:44 PM
REPRESENTATIVE PRUITT moved Conceptual Amendment 1, which on
page 2, line 3, would delete the words, "and after adjournment
of,".
5:24:08 PM
MS. WALLACE opined if the governor did not present a name to the
legislature, the legislature has constitutional authority to
meet in joint session and consider the appointees absent their
presentation by the governor. She advised in Alaska's history
similar circumstances have arisen, and remarked:
It would likely be my opinion that even if a name
hadn't been presented, if the legislature were aware
that someone had been appointed by the governor and
wanted to take that matter up, that it likely would
have the authority to do so anyway, as long as that
appointment was made while this legislature were
seated.
5:25:36 PM
The committee took a brief at-ease.
REPRESENTATIVE PRUITT restated his motion.
CHAIR KOPP objected for discussion purposes. There being no
further discussion, the objection was maintained.
5:27:40 PM
A roll call vote was taken. Representatives Pruitt and Johnson
voted in favor of Conceptual Amendment 1. Representatives
Stutes, Johnston, Thompson, and Kopp voted against it.
Therefore, Conceptual Amendment 1 failed by a vote of 2-4.
5:27:45 PM
CHAIR KOPP opened public testimony on HB 309. After
ascertaining no one wished to testify, public testimony was
closed.
CHAIR KOPP noted the bill has no fiscal impact.
5:28:35 PM
REPRESENTATIVE JOHNSON moved to report HB 309 out of committee
with individual recommendations and the accompanying fiscal
notes. There being no objection, HB 309 was reported out of the
House Rules Standing Committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB0309A.PDF |
HRLS 3/20/2020 5:00:00 PM |
HB 309 |
| HB 309 Sponsor Statement 3.20.20.pdf |
HRLS 3/20/2020 5:00:00 PM |
HB 309 |