Section 39.05.080. Procedure for all appointments.

Except as otherwise provided in a law relating to the positions or memberships on a specific board or commission, appointment to a position or membership shall be made in the following manner:
        (1) Each governor shall present to the legislature the names of the persons appointed by that governor; each governor may present the name of a person appointed by a previous governor; only presentment that occurs during the time that the legislature is in regular session constitutes presentment under this section. The governor shall, within the first 15 days after the legislature convenes in regular session, present to the legislature for confirmation the names of the following persons: (A) persons appointed to a position or membership who have not previously been confirmed by the legislature, and (B) 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. If an appointment is made after the first 15 days after the convening of the regular session but while the legislature is in regular session, the governor shall immediately present to the legislature for confirmation the name of the person appointed.
        (2) When appointments are presented to the legislature for confirmation,
             (A) the presiding officer of each house shall assign the name of each appointee to a standing committee of that house for a hearing, report, and recommendation; standing committees of the two houses assigned the same person's name for consideration may meet jointly to consider the qualifications of the person appointed and may issue either a separate or a joint report and recommendation concerning that person; then
             (B) the legislature shall, before the end of the regular session in which the appointments are presented, in joint session assembled, act on the appointments by confirming or declining to confirm by a majority vote of all of the members the appointments presented.
        (3) When the legislature declines to confirm an appointment, the legislature shall notify the governor of its action and a vacancy in the position or membership exists which the governor shall fill by making a new appointment. The governor may not appoint again the same person whose confirmation was refused for the same position or membership during the regular session of the legislature at which confirmation was refused. The person whose name is refused for appointment by the legislature may not thereafter be appointed to the same position or membership during the interim between regular legislative sessions. Failure of the legislature to act to confirm or decline to confirm an appointment during the regular session in which the appointment was presented is tantamount to a declination of confirmation on the day the regular session adjourns.
        (4) Pending confirmation or rejection of appointment by the legislature, persons appointed shall exercise the functions, have the powers, and be charged with the duties prescribed by law for the appointive positions or membership. However, the duration of an appointment made during the time period between regular sessions of the legislature by a person who is not still the governor on the first day of the next regular session ends on the date during the next regular session that the sitting governor presents for confirmation an appointment to the office. For the purpose of applying laws that limit the number of terms or parts of terms that may be served by a member of a board or commission, the part of the term of office that is served under an interim appointment immediately before the member is reappointed under this paragraph is considered to be merged with the part of the term of office that is served immediately after reappointment so that the two periods of service constitute only one part of a term. The duration of an appointment made during a regular session of the legislature and not presented to the legislature by the governor during that session ends no later than the last day of that session. The duration of an appointment made during an interim by a governor who is not in office at the beginning of the next regular session of the legislature ends no later than the last day of that regular session unless the governor who is in office during that session presents the person's name for confirmation. The same governor may not appoint the same person to the same position or membership if the person's appointment ends because of the governor's failure to present the person's name for confirmation.

Authorities

8.01.035; 8.04.040; 8.65.010;14.07.095;14.20.420;15.13.020;16.05.221;16.43.030;17.38.091;23.30.007;26.05.640;31.05.007;38.06.025;39.05.060;39.05.090;39.05.080;39.23.500;41.35.330;42.04.020;42.40.040;44.33.431;46.15.200

Notes

References

AS 8.01.035 .035">Sec. 08.01.035. Appointments and terms.
AS 8.04.040 .040">Sec. 08.04.040. Vacancy on board.
AS 8.65.010 .010">Sec. 08.65.010. Board established.
AS 14.07.095 Term of office.
AS 14.20.420 Term of office.
AS 15.13.020 Alaska Public Offices Commission.
AS 16.05.221 Boards of fisheries and game.
AS 16.43.030 Term of office; vacancy and removal.
AS 17.38.091 Terms of office; chair.
AS 23.30.007 Workers' Compensation Appeals Commission.
AS 26.05.640 Military Appeals Commission.
AS 31.05.007 Term of office; vacancy; removal.
AS 38.06.025 Membership; vacancies.
AS 39.05.060 Appointment, qualifications, and terms of office of members of departmental boards, councils, or commissions.
AS 39.05.090
AS 39.05.090 Time limits in AS 39.05.080.
AS 39.23.500 Compensation commission established.
AS 41.35.330 Term of office.
AS 42.04.020 Commissioners.
AS 42.40.040 Vacancies.
AS 44.33.431 Alaska Minerals Commission established.
AS 46.15.200 Term of office.

History

(Sec. 4 ch 64 SLA 1955; am Sec. 1 - 3 ch 1 SLA 1964; am Sec. 1 ch 2 SLA 1967; am Sec. 1 ch 65 SLA 1974; am Sec. 2 ch 82 SLA 1975; am Sec. 14 ch 80 SLA 1996; am Sec. 1 ch 45 SLA 2002; am Sec. 16 ch 34 SLA 2007)