The following terminology will be used in describing orders issued from the Office of the Governor:
Executive Order. An order issued under the authority of Article III, Sec. 23, Constitution of the State of Alaska.
Administrative Order. Issued under authority of law, such as an order issued under AS 26.20.040 to declare a state of emergency or to exercise powers necessary for the protection of the population in time of attack; to dispose of the property of a dissolved city under AS 29.10.546; to assign functions in the executive branch. under AS 44.17.060; to create interim advisory boards under AS 44.19.060; etc. These orders are published.
Military Order. An ordering of the militia into active service under Article III, Secs. 19 and 20, Constitution of the State of Alaska and AS 26.05.070 or 26.05.110, and under authority of law, such as convening of a general court martial under AS 26.05.320. Also see AS 26.05.050 and 26.05.100;
Proclamation. A proclaiming of a holiday under AS 44.12.010, or the setting aside of a certain day, week or month, such as National Employ the Physically Handicapped Week, under AS 23.15.290, or issued under authority of law, such as AS 15.40.040, 15.40.240 and 44.19.160.
Appointment. The appointment of an individual or individuals to a position in the executive or judicial branches. See AS 39.05.020, 30.05.060, 39.25.020, 22.05.080 and 22.10.100.
Pardon, Commutation of Sentence, Reprieve, and Suspension or Remission of Fines and Forfeitures. Issued under the authority of Article III, Sec. 21, Constitution of the State of Alaska and AS 33.20.070.
Fiscal Order. An order relating to transfer, budgeting or handling of funds within a department or under authority of law.
Certificate. Issued under authority of law, such as AS l4.40.450.
Regulation. Issued under authority of law, such as AS 44.17.030 or 26.05.060.
Letter. Used for such matters as employment of radio stations under AS 44.19.070; annual approval of rates under AS 44.74.060; requisition from the Secretary of Defense of arms and equipment available for state forces under AS 26.05.290, etc. These are instances where the required approval of the Governor can be made a part of the document to be approved, such as under AS 44.17.020 or 18.60.140, but where this is not feasible, a letter of approval would be sufficient.
Memorandum or Directive. Used to give direction to department heads or other employees of the executive branch.
Preparation of Orders. Executive orders will be prepared by the Department of Law in the form of specific amendments to Alaska Statutes to facilitate their incorporation into that body of law. Administrative orders will also be prepared by the Department of Law.
Numbering of Orders. Executive and fiscal orders issued after January 23, 1964, will be numbered serially, beginning with No. 26; administrative orders will begin with No. 1.
Distribution and Filing. The original of all orders issuing from the Office of the Governor will be filed in the Office of the Governor. Copies of executive orders will be filed with the Legislature, Secretary of State, Department of Law, the Legislative Auditor and the Commissioner of Administration, and any department or departments specially or specifically affected by the order.
Distribution of other orders issuing from the Office of the Governor will be determined on a case-by-case basis, according to their contents.
Executive orders issued under Article III, Sec. 23, Constitution of the State of Alaska, making changes in the organization of the executive branch or in the assignments of functions among its units and requiring the force of law, will be filed with the Executive Director of the Legislative Council before the first day of the regular session. The Executive Director will be asked to forward one copy to the Speaker of the House and one copy to the President of the Senate, so the order may be reviewed by the next session of the Legislature pursuant to Sec. 23, Article III, of the Constitution of the State of Alaska.
Effective Date of Executive Order. The Legislature has 60 days of the regular session, or a full session if of a shorter duration, to disapprove the executive order. Unless disapproved by resolution, concurred in by a majority of the members in joint session, the order becomes effective at a date thereafter to be designated by the Governor. Every executive order promulgated under Sec. 23, Article III, not disapproved by the Legislature in the time given, will be followed up by a letter setting forth the effective date of the executive order. The letter will be distributed in the same manner as the order to which it refers.
Making Interim Advisory Boards Permanent. Interim advisory boards, established under AS 44.19.060, expire at the end of the next regular or reconvened session of the Legislature. Interim advisory boards are made permanent through the same procedure as prescribed for executive orders under Sec. 23, Article III, of the Alaska Constitution. If an interim advisory board is created before the Legislature meets, an administrative order is issued creating it. This administrative order will be given the same circulation as an executive order. If the board is to be made permanent, an executive order will be filed before the first day of the next session of the Legislature, and if the executive order is not disapproved, the order will be followed up by a letter setting the effective date. To prevent a gap in the existence of the board and in the terms of its members, the letter setting the effective date should be dated, filed and distributed on the 61st day of the regular session, or the day after a full session if of shorter duration, with the effective date being the same as that of the letter. Administrative orders establishing interim boards will cite AS 44.19. 060 as authority, and executive orders making interim boards permanent will cite Sec. 23, Article III, of the Constitution of the State of Alaska.
The Department of Law will prepare the general order on interim boards, the executive order and the letter setting forth the effective date and will submit them to the Governor’s office so they may be filed and distributed within the time limits prescribed in this order.
Dated at Juneau, Alaska, this 23rd day of January, 1964.
S/S WILLIAM A. EGAN
WILLIAM A. EGAN
Governor of Alaska
