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                              REENGROSSED SUBSTITUTE SENATE BILL NO. 5025

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State of Washington                              50th Legislature                              1987 Regular Session

By Senate Committee on Governmental Operations (originally sponsored by Senators Talmadge, Moore, Fleming, Halsan, Vognild and Kreidler)

Read first time 2/05/87.

AN ACT Relating to gubernatorial appointments; amending RCW 43.06.030 and 43.06.092; creating a new section; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 43.06.030, chapter 8, Laws of 1965 as amended by section 12, chapter 338, Laws of 1981 and RCW 43.06.030 are each amended to read as follows:

(1) If a vacancy occurs in an appointive position subject to confirmation or if the term of such an appointive office expires, the governor shall make the required appointment within ninety days of the vacancy.

(2) For a gubernatorial appointment to be effective, the governor must transmit to the secretary of the senate notice of the appointment, along with pertinent information regarding the appointee, within fourteen days after making any appointment subject to senate confirmation.

        Sec. 2.  Section 2, chapter 338, Laws of 1981 and RCW 43.06.092 are each amended to read as follows:

          (1) Any gubernatorial appointee subject to senate confirmation ((shall continue to serve unless rejected by a vote of the senate.  An appointee who is rejected by a vote of the senate shall not)), appointed during a legislative session or in the interim thereafter, shall be confirmed or rejected by the senate.  Upon the request of the governor, an appointment shall be returned to the governor pursuant to RCW 43.06.094.

(a) If an appointment is made during a legislative session, final action by the senate shall occur prior to the adjournment of the session, unless the appointment is made in the last fifteen days of session.

(b) If an appointment is made in the last fifteen days of session or while the legislature is not in session, the appropriate senate committee shall act upon the confirmation within a time period to be established by senate rule, following receipt of the appointment by the secretary of the senate.  Final senate action on the appointment shall be taken no later than ninety days after receipt of the appointment.

(c) An appointee shall not continue to serve beyond the adjournment of the next regular legislative session unless confirmed by the senate or unless reappointed by the governor.  An appointee rejected by the senate may not be reappointed to the same position for a period of one year from termination of service.

          (2) Any person appointed by the governor to fill the unexpired term of an appointment subject to senate confirmation must also be confirmed by the senate.

NEW SECTION. Sec. 3.     The governmental operations committee of the senate shall conduct a study of gubernatorial appointments, including, but not limited to, the positions which are not currently subject to confirmation, the criteria by which a position should be evaluated as to whether it should be subject to confirmation, the confirmation process in the senate, and other pertinent topics.  The report of the committee, together with legislative recommendations, shall be submitted to the legislature by December 1, 1987.

NEW SECTION. Sec. 4.     Section 2(b) this act shall take effect January 1, 1988, if the proposed amendment to Article II, section 12 of the state Constitution providing for senate confirmation sessions is validly submitted to and is approved and ratified by the voters at a general election held in November 1987.  If the proposed amendment is not so approved and ratified, section 2(b) this act shall be null and void in its entirety.