SENATE BILL REPORT

SB 5025

BYSenators 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)

                  February 5, 1987

AS REPORTED BY COMMITTEE ON GOVERNMENTAL OPERATIONS, FEBRUARY 4, 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:

Following removal of an appointee from office, the Governor must name a successor within 90 days.

Any appointee subject to confirmation who is appointed during a legislative session or the following interim, cannot continue to serve beyond adjournment of the next regular session unless confirmed.  An appointee failing to be confirmed may not be reappointed to the same position for a year after termination of service.

EFFECT OF PROPOSED SUBSTITUTE:

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 no later than 15 days prior to adjournment.  For appointments made 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.

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 become effective on January 1, 1988, subject to ratification of the constitutional amendment providing for Senate confirmation sessions (SJR 8201).

Fiscal Note:      none requested

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