SENATE BILL REPORT

                                    SB 5132

                            AS OF JANUARY 30, 1991

Brief Description:  Changing provisions relating to gubernatorial appointments.

SPONSORS:Senators McCaslin, Nelson and Saling.

SENATE COMMITTEE ON GOVERNMENTAL OPERATIONS

Staff:  Barbara Howard (786‑7410)

Hearing Dates:February 4, 1991

BACKGROUND:

There is no deadline by which the Governor must fill a vacancy in an appointive office subject to Senate confirmation.  Gubernatorial appointees continue to serve unless they are formally rejected by the Senate.  It has been suggested that the confirmation process be changed to reduce these uncertainties.

SUMMARY:

If a vacancy occurs or a term expires for an appointive office subject to Senate confirmation, the Governor must make a new appointment within 90 days.

Any gubernatorial appointee subject to confirmation must be confirmed or rejected by the Senate and may not serve until confirmed.  Upon the Governor's request an appointment must be returned to the Governor.

If an appointment is made during a regular legislative session, final action by the Senate must occur prior to adjournment of the session, unless such appointment is made in the last 10 days of the session. 

If an appointment is made in the last 10 days of the regular session, in a special session or during an interim between sessions, the Senate Rules Committee must refer the appointment to the appropriate standing committee.  Within 30 days of receiving the appointment, the standing committee may approve or deny temporary performance of the duties of office until confirmation by the full Senate.  Final Senate action on the appointment must be taken no later than 30 days after the beginning of the next regular session.

An appointee who is not confirmed within the required 30-day period may not be reappointed to the same position for one year from termination of service.

Appropriation:  none

Revenue:  none

Fiscal Note:  none requested