Session: State Capitol, Room 204 Juneau, AK 99801-1182 Phone: (907) 465-3777 Fax: (907) 465-2819 Interim: 10928 Eagle River Road, Suite 141 Eagle River, AK 99577 Phone: (907) 694-8944 Fax: (907) 694-8945

Sectional Analysis for HB 331
Presentment of Governor's Appointees

An Act relating to appointment of persons to positions that require confirmation by the legislature; and providing for an effective date.

AS 39.05.080 establishes the procedures on how the positions or memberships on a specific board or commission shall be handled.

Paragraph 1. This paragraph directs the governor to:

• Present names of appointed individuals to the legislature. It stipulates that only presentments that occur while the legislature is in regular session constitute 'presentment.'
  
  
• Within the first 30 days after the legislature convenes its regular session, the governor presents the names of the following persons to the legislators:
  
  
1. appointments who have not been previously confirmed by the legislature; and
   
   
2. appointments of persons who will fill a position for which the term will expire on or before March 1 during that legislative session.
   
   If an appointment is made after the first 30 days of the convening of the legislature but while the legislature is in regular session, the governor shall simultaneously with making the appointment, present it to the legislature for confirmation.
   
   

This paragraph of AS 39.05.080 also reflects the elimination of the five-day period of time in which the governor had to present the individual to the legislature following the appointment. The five-day presentment requirement in paragraph (1) was problematic because the fifth day could be outside the regular session even if the appointment was made during the regular session.

This paragraph also reflects the elimination of a mechanism (by concurrent resolution) where the legislature could have extended the five-day deadline. This is, of course an unconstitutional provision. A statute may only be modified by another statute not by a concurrent resolution of agency regulation.

Paragraph 2. When appointments are presented to the legislature for confirmation:

• The presiding officers of each house assign the appointee to a committee for a hearing, report, and recommendation. The standing committees may meet jointly; then
  
  
• Before the end of the regular session in which the appointments are presented, the legislature meets in joint session to act by confirming or declining to confirm by a majority vote.

The word "regular" is added to this paragraph of AS 39.05.080 so that it is clear that confirmation hearings do not occur during special sessions.

Paragraph 3. When the legislature declines to confirm an appointment:

• the governor is notified of its action and a vacancy for the position is created which the governor fills by making a new appointment.
  
  
• The governor cannot re-appoint the rejected candidate during the regular session of the legislature at which the confirmation failed. Likewise, the governor may not appoint the failed candidate during the interim between regular sessions to carry out the duties of that vacant position.
  
  
• Finally, if the legislature fails to act to confirm an appointee during the regular session, the appointee is, in effect, rejected.
  
  

The 20-day provision for the governor's presentment following the initial failed confirmation is deleted from Section 3. By eliminating the 20-day provision of section (3) and keeping the requirement of section (1) it is clear that only presentment during a regular session is valid.

Paragraph 4. The appointees with pending confirmations shall exercise the functions, have the powers and be charged with the duties prescribed by law.

There are several specific limitations cited in this paragraph, such as:

• The term of an appointee who is named during the interim by a governor who leaves office prior to the first day of the regular session ends on the first day of the regular session.

This section is completely unchanged from the original statute.

# # #

Attachments:

• Sponsor Statement for HB 331
• Print Friendly Version
  requires Adobe Acrobat Reader - 2 page(s) - 127 K

| Rep. Kott's Page |

| Top | Home | Site Search | Breaking News | Legislators | Bills |
| Committees | E-Newsletter | Surveys | Research | Help |

The Official Web Site of the House and Senate Legislative Majorities
for the 22nd Alaska State Legislature
To Report Technical Problems or Contact Webmasters