04/23/2002 03:45 PM Senate STA

                                                                                                                                
           HB 331-PRESENTMENT OF GOVERNOR'S APPOINTEES                                                                      
                                                                                                                                
CHAIRMAN THERRIAULT took up HB 331.                                                                                             
                                                                                                                                
MS. LINDA SYLVESTER,  Aide to Representative Pete  Kott, said that                                                              
the statute  was drafted  in a convoluted  way. She explained  the                                                              
color-coded  statute in  the  packet before  the  Committee.   The                                                              
yellow highlighted  information was general language  dealing with                                                              
initial  presentments made  by the  Governor  to the  Legislature.                                                              
The  blue   highlighted  information   deals  with   the  specific                                                              
situation  of  presentments  that  follow later  in  the  session,                                                              
typically  when the Legislature  fails to  confirm a  presentment.                                                              
The pink highlighted  information is the general  discussion about                                                              
how presentments  and  confirmations are  to be  handled.   HB 331                                                              
seeks to clarify  and clean up ambiguities in the  statute.  It is                                                              
unclear whether the Legislature can  confirm an appointment during                                                              
a special session.   Based on opinions from the  legislative legal                                                              
department and other  procedures from the statute,  it is believed                                                              
that  the intent  of  the statute  is  that all  presentments  and                                                              
confirmations  occur  during the  regular  session.   HB  331  has                                                              
cleaned  that up  and  changed some  timeframes  that  are in  the                                                              
current statute that put the confirmations  outside of the regular                                                              
session.                                                                                                                        
                                                                                                                                
CHAIRMAN  THERRIAULT  asked  if  there  were  any  questions  from                                                              
committee members.                                                                                                              
                                                                                                                                
SENATOR BEN STEVENS asked if the  blue highlighted section was the                                                              
only one being changed.                                                                                                         
                                                                                                                                
MS. SYLVESTER  answered yes.  The  bill takes out  the timeframes,                                                              
substitutes "five  days" with "immediately" and  removes a twenty-                                                              
day provision saying the Legislature  has to confirm a presentment                                                              
within 20 days of receipt from the Governor.                                                                                    
                                                                                                                                
SENATOR STEVENS said  that in AS 39.05.080(1)(B) the  words "on or                                                              
before" were being added and asked when the boards expired.                                                                     
                                                                                                                                
CHAIRMAN THERRIAULT said they expire all throughout the year.                                                                   
                                                                                                                                
MS.  SYLVESTER explained  that  when  the process  was  set up  at                                                              
statehood, each appointee was put  on a schedule.  Since then, the                                                              
timeline  was determined  by when  vacancies occurred.   The  only                                                              
timeline  that  is in  the  statute  pertains to  presentment  and                                                              
confirmation.                                                                                                                   
                                                                                                                                
SENATOR STEVENS said the bill stated,  "persons to be appointed to                                                              
fill a position  or membership, the  term of which will  expire on                                                              
or before March 1 during that session of the legislature."                                                                      
                                                                                                                                
MS.  SYLVESTER  said the  statute  encourages the  Legislature  to                                                              
address the presentments during the  session as early as possible.                                                              
This includes all of the positions  the Governor filled during the                                                              
interim and all the positions that will expire before March 1.                                                                  
                                                                                                                                
CHAIRMAN THERRIAULT asked if there  were other questions.  He said                                                              
that  he had  not  prepared  a CS  and  asked  if there  were  any                                                              
amendments  from committee  members.   He  made note  of the  zero                                                              
fiscal note.                                                                                                                    
                                                                                                                                
SENATOR RANDY  PHILLIPS moved  to pass  CS HB  331 (STA)  from the                                                              
committee  with individual  recommendations  and the  accompanying                                                              
fiscal note.                                                                                                                    
                                                                                                                                
CHAIRMAN THERRIAULT noted that the  CS was the House State Affairs                                                              
version of the bill.                                                                                                            
                                                                                                                                
CSHB 331(STA) moved  from committee with attached  fiscal note and                                                              
individual recommendations.