SENATE BILL REPORT

SB 5767

BYSenators von Reichbauer, Talmadge, Moore, Hayner, Saling, Stratton, Lee, Metcalf and Johnson

Modifying the procedure for gubernatorial appointments.

Senate Committee on Governmental Operations

Senate Hearing Date(s):February 21, 1989; January 22, 1990

Majority Report:  Do pass.

      Signed by Senators McCaslin, Chairman; Thorsness, Vice Chairman; DeJarnatt, Patrick, Sutherland.

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

                  January 22, 1990

AS REPORTED BY COMMITTEE ON GOVERNMENTAL OPERATIONS, JANUARY 22, 1990

BACKGROUND:

There is no time limit by which a Governor must fill a vacancy or make an appointment at the expiration of an appointee's term in positions requiring confirmation.  Similarly, there is no time limit upon the length of service for an appointee subject to confirmation, unless the appointee is rejected by a vote of the Senate.

In the 1988 interim, the Senate Select Committee on Gubernatorial Appointments recommended legislation which would set a time certain on when a vacancy must be filled by appointment, and the period within which the Senate must act.

SUMMARY:

If a vacancy occurs in a position subject to confirmation or if the term of an appointive office expires, the Governor must make the required appointments within 90 days.

Any gubernatorial appointee subject to confirmation may not serve beyond the next special confirmation session of the Senate, or the adjournment of the next regular session, unless the person is confirmed by the Senate.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Senate Committee - Testified: No one