SENATE BILL REPORT

REESSB 5025

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

Revising provisions relating to confirmation of gubernatorial appointments.

Senate Committee on Governmental Operations

Senate Hearing Date(s):February 3, 1987; February 4, 1987

Majority Report:  That Substitute Senate Bill No. 5025 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Halsan, Chairman; Garrett, Vice Chairman; DeJarnatt, McCaslin, Talmadge.

Senate Staff:Barbara Howard (786-7410); Eugene Green (786-7405)

                  March 16, 1987

AS PASSED SENATE, MARCH 13, 1987

BACKGROUND:

Following removal of an appointee from office, there is no time limit within which the Governor is required to name a successor.  In addition, gubernatorial appointees subject to confirmation continue to serve unless rejected by the Senate, but there is no time limit within which the Senate must act.

SUMMARY:

If a vacancy occurs in a position subject to confirmation, or if a term expires, the Governor must make the required appointment within 90 days.

The Senate must confirm or reject an appointee or, upon request of the Governor, return the appointment to the Governor.  If an appointment is made during a legislative session, final Senate action must be taken before adjournment, unless the appointment is made in the last 15 days of the session.  For appointments made in the last 15 days of the session or when the Legislature is not in session, appropriate committees must act within a time period established by Senate rule, and final Senate action must be taken no later than 90 days after receipt of the appointment by the Secretary of the Senate.

An appointee cannot serve beyond the adjournment of the next regular legislative session unless confirmed by the Senate or reappointed by the Governor.  An appointee rejected by the Senate may not be reappointed to the same position for one year.

The Senate Committee on Governmental Operations is to conduct a study of the confirmation process, with a report and legislative recommendations due no later than December 1, 1987.

The deadlines for confirmation action on appointments made in the last 15 days of the session or during an interim become effective on January 1, 1988, subject to ratification of the constitutional amendment providing for Senate confirmation sessions (SJR 8201).  If the amendment is not ratified, these provisions are null and void.

Fiscal Note:      none requested

Senate Committee - Testified: Sid Snyder, Secretary of the Senate