Bill Summary – FastDemocracy

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                                             HOUSE BILL NO. 65
                         IN THE LEGISLATURE OF THE STATE OF ALASKA
                          THIRTY-SECOND LEGISLATURE - FIRST SESSION
     BY REPRESENTATIVE STUTES
     Introduced: 2/18/21
     Referred: House Special Committee on Fisheries, Resources, Judiciary
                                                     A BILL
                                          FOR AN ACT ENTITLED
 "An Act relating to the duties and powers of certain unconfirmed appointees to the
 Board of Fisheries and the Board of Game; and providing for an effective date."
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
   * Section 1. AS 16.05.221(c) is amended to read:
                 (c) Members of the Board of Game serve staggered terms of three years. The
         terms of the members of the board begin on July 1. Notwithstanding AS 39.05.080(1),
         by April 1 of the calendar year in which the term expires, the governor shall appoint a
         person to fill the vacancy that will arise on the board because of the expiration of the
         term of a member of the board and submit the name of the person to the legislature for
         confirmation. If a vacancy arises on the board, the governor shall, except as provided
         under AS 16.05.243, within 30 days after the vacancy arises, appoint a person to
         serve the balance of the unexpired term and submit the name of the person to the
         legislature for confirmation. A person appointed to fill the balance of an unexpired
         term shall serve on the board from the date of appointment until the earlier of the
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         expiration of the term or the failure of the legislature to confirm the person under
         AS 39.05.080.
  * Sec. 2. AS 16.05.221(d) is amended to read:
                (d) Members of the Board of Fisheries serve staggered terms of three years.
         The terms of members of the board begin on July 1. Notwithstanding
         AS 39.05.080(1), by April 1 of the calendar year in which the term expires, the
         governor shall appoint a person to fill the vacancy that will arise on the board due to
         expiration of the term of a member of the board and submit the name of the person to
         the legislature for confirmation. If a vacancy arises on the board, the governor shall,
         except as provided under AS 16.05.243, within 30 days after the vacancy arises,
         appoint a person to serve the balance of the unexpired term and submit the name of the
         person to the legislature for confirmation. A person appointed to fill the balance of an
         unexpired term shall serve on the board from the date of appointment until the earlier
         of the expiration of the term or the failure of the legislature to confirm the person
         under AS 39.05.080.
  * Sec. 3. AS 16.05 is amended by adding a new section to read:
                Sec. 16.05.243. Limitations on powers of certain unconfirmed members of
         Board of Fisheries and Board of Game. (a) Notwithstanding AS 39.05.080(3) and
         (4), if the legislature has not met in joint session to act to confirm or reject the
         governor's appointees during a regular legislative session under AS 39.05.080 because
         the session is recessed, adjourned, or otherwise shortened as a direct result of a natural
         disaster, public health emergency, or similar circumstance, an appointee to the Board
         of Fisheries or the Board of Game who was appointed before or during that legislative
         session, and who has not been confirmed by the legislature, may vote on a matter
         before the respective board during the subsequent legislative interim only if a majority
         of the members of both bodies of the legislature confirm the individual's appointment
         in a poll conducted by the presiding officers of each house. The presiding officers
         shall conduct the poll at the request of the governor. An appointee confirmed by poll
         shall be subject to a confirmation vote by the legislature in joint session under
         AS 39.05.080 at the next legislative session.
                (b)    Notwithstanding AS 16.05.221(c) and (d) and AS 39.05.080, if the
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         legislature rejects an individual appointed to the Board of Fisheries or the Board of
         Game during a regular legislative session under AS 39.05.080, the governor shall
         appoint another person within seven days. The legislature shall make every reasonable
         effort to act timely to confirm or reject an individual appointed under this subsection.
         If the legislature does not meet in joint session to act on an individual appointed under
         this subsection during a legislative session, the appointee may vote on a matter before
         the respective board during the subsequent legislative interim only if a majority of the
         members of both bodies of the legislature confirm the individual's appointment in a
         poll conducted by the presiding officers of each house. The presiding officers shall
         conduct the poll at the request of the governor. An appointee confirmed by poll shall
         be subject to a confirmation vote by the legislature in joint session under
         AS 39.05.080 at the next legislative session.
                (c) Except as provided in (a) and (b) of this section, an appointee to the Board
         of Fisheries or the Board of Game may not vote on a matter before the respective
         board until confirmed under AS 39.05.080.
  * Sec. 4. AS 16.05.320 is amended to read:
                Sec. 16.05.320. Quorum. A majority of the voting members of a board
         constitutes a quorum for the transaction of business, for the performance of any duty,
         and for the exercise of any power. However, a majority of the full voting [BOARD]
         membership of the board is required to carry all motions, regulations, and resolutions.
         A majority of the voting members of the boards of fisheries and game constitute a
         quorum for the transaction of business in a joint board meeting. A majority of the
         voting membership of the boards is required to carry all joint motions, regulations,
         and resolutions of the boards.
  * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to
 read:
         APPLICABILITY. This Act applies to appointments presented by the governor during
 or after the First Regular Session of the Thirty-Second Alaska State Legislature.
  * Sec. 6. This Act takes effect immediately under AS 01.10.070(c).
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Statutes affected: 
HB0065A, AM HB 65, introduced 02/18/2021: 16.05.221, 39.05.080, 16.05.243, 16.05.320
HB0065A, AM HB 65, introduced 01/15/2021: 16.05.221, 39.05.080, 16.05.243, 16.05.320