SENATE BILL REPORT

                  ESB 5837

              As Passed Senate, January 19, 1996

Title:  An act relating to confirmation of gubernatorial appointments.

Brief Description:  Removing the requirement for senate confirmation of certain gubernatorial appointments.

Sponsors:  Senators Snyder, Gaspard, Haugen and Spanel.

Brief History:

Committee Activity:  Government Operations:  2/22/95, 3/1/95 [DP]; 1/10/96 [DP].

Passed Senate, 3/9/95, 42-5; 1/19/96, 25-19.

SENATE COMMITTEE ON GOVERNMENT OPERATIONS

Majority Report:  Do pass.

  Signed by Senators Haugen, Chair; Sheldon, Vice Chair; Goings, Hale, Heavey, McCaslin and Winsley.

Staff:  Eugene Green (786-7405)

Background:  The Governor's authority for making appointments to public office (and the Senate's authority to confirm those appointments) is derived from two sources.  First, the State Constitution (Article 13, Section 1) provides that the Governor shall make appointments to educational, reformatory, and penal institutions, and that these appointments shall be confirmed by the Senate.  Second, the Legislature has provided the Governor with statutory authority to appoint numerous other public officers, who are subject to confirmation only if so provided in statute.

Those positions that constitutionally require gubernatorial appointment and Senate confirmation include approximately 185 trustees and regents at our institutions of higher education.  Since 1970, appointments to reformatory and penal institutions have been made by the Secretary of Social and Health Services, who is appointed by the Governor and confirmed by the Senate.

Articles 2, 3 and 4 of the State Constitution further provide for gubernatorial appointments to fill vacancies without Senate confirmation in certain elective offices (Supreme Court, Court of Appeals and superior court judges) for the remainder of unexpired terms as well as vacancies arising in appointive offices while the Legislature is in recess.

In addition to constitutionally appointed and confirmed officers, statutes empower the Governor to appoint approximately 1,000 persons to other various state agencies, boards, and commissions.  Of these, approximately 225 require Senate confirmation.

Summary of Bill:  The following 128 gubernatorial appointments are no longer subject to confirmation by the Senate:

Sentencing Guidelines Commission                12

Clemency and Pardons Board                   5

Indeterminate Sentence and Review Board             7

Juvenile Disposition Standards Commission         9

State Board of Pharmacy                      7

Washington Higher Education Facilities Authority    4

Workforce Training and Education Coordinating Board    9

Personnel Appeals Board                      3

Columbia River Gorge Commission              3

Interagency Commission for Outdoor Recreation       5

Washington State Housing Finance Commission       9

Board of Directors of Small Business Export Finance

       Assistance Center                          19

State Apprenticeship Council                      1

Washington Health Care Facilities Authority       1

     Eastern State Hospital Board                  12

     Western State Hospital Board                  12

Pacific Marine Fisheries Commission               2

Energy Facility Site Evaluation Council             1

     Board of Pilotage Commissioners                 7

Appropriation:  None.

Fiscal Note:  Not requested.

Effective Date:  Ninety days after adjournment of session in which bill is passed.

Testimony For:  This will save a lot of time for the Senate.

Testimony Against:  None.

Testified:  Marty Brown, Secretary of the Senate (pro).