HB 331-PRESENTMENT OF GOVERNOR'S APPOINTEES Number 0990 CHAIR COGHILL announced that the next order of business was HOUSE BILL NO. 331, "An Act relating to appointment of persons to positions that require confirmation by the legislature; and providing for an effective date." [HB 331 was amended at the February 28, 2002, House State Affairs Standing Committee hearing.] Number 1000 LINDA SYLVESTER, Staff to Representative Pete Kott, Alaska State Legislature, indicated that the discussion would center around the word "immediately". In response to a request by Chair Coghill, she pointed to page 2, line 4, of the bill. She reminded the committee that this portion of the bill addresses a situation, whereby the governor may have made an appointment early in the legislative session, but the legislature has not confirmed that appointment. In that case, she said, before the end of the appointment [term], the governor would make another appointment. MS. SYLVESTER said the lack of a confirmation of a board of game member last year gave rise to this proposed legislation. [At that time] it was unclear in statute whether or not the legislature was authorized by law to confirm the appointment during a special session. The proposed bill clarifies that all confirmation hearings take place during the regular session. Number 1120 MS. SYLVESTER read the original language of the bill [page 2, lines 4-8]. She explained that the original language, [with its five-day deadline] made it possible for the presentment [for confirmation] to fall outside of the regular session. She said the mention of five calendar days was removed and indicated that the language that replaced that stipulates that the governor will "simultaneously" present an appointment to the legislature. MS. SYLVESTER noted that, during the last House State Affairs Standing Committee meeting in which members discussed HB 331, they found the word "simultaneously" to be problematic and asked that it be replaced with the word "immediately". She reminded the committee that Chair Coghill had requested a decision by Legislative Legal Services regarding whether that change would work. Ms. Sylvester said it will work. She noted that Terri Lauterbach had found that the word "immediately" would be construed by a court to mean "within a reasonable time under the circumstance." Ms. Sylvester added that it would serve the governor and the legislature, while providing enough cushion and "wiggle room" for the "practicalities of the circumstance." Number 1280 CHAIR COGHILL offered his understanding that the committee members should have that amendment in their packets. He said that "a reasonable time, under the circumstance" fits the legislature's schedule. MS. SYLVESTER noted that another alternative that was offered was a limitation on the governor, that he could not make an appointment or presentment, within the last 14 days of a legislature. She indicated that the problem was that the governor is authorized to make the appointment, while the legislature is only allowed to confirm. She said it did not appear likely that it would be within the boundaries of the constitution for the legislature to place a limitation on the governor's ability to appoint. Number 1355 REPRESENTATIVE HAYES moved to report HB 331, as amended, out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, CSHB 331(STA) was reported from the House State Affairs Standing Committee.