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SB18-043

Senate State Office Nominee Rejection Effects

Concerning the legal effects that the rejection by the senate of an individual nominated by the governor for appointment to a state office have on the subsequent nomination or temporary appointment of the same individual to or holdover of the individual in the same state office.
Session:
2018 Regular Session
Subject:
State Government
Bill Summary

The bill specifies that if the governor nominates an individual for appointment to a state office and the senate rejects the nomination, the rejected individual is deemed legally unfit for and ineligible to hold the office. The governor is prohibited from nominating the rejected individual a second time for the same office or, if the senate is not in session, appointing the rejected individual to temporarily discharge the duties of the office. However, rejection by the senate of the nomination of an individual for any state office does not preclude the governor from nominating the rejected individual for an opening in the same office that occurs after an individual other than the rejected individual has filled the immediate opening.

The bill also provides that if the governor nominates a state officer whose term is expiring for reappointment to the same office and the senate rejects the nomination, the state officer is removed from office upon the expiration of his or her term and shall not thereafter exercise the duties of the office whether or not the individual's successor has been duly qualified. If, as of the effective date of the bill, the term of office of a state officer has expired, the senate has rejected a nomination for reappointment of the state officer to the same office, and the individual is continuing to exercise the duties of the office because the individual's successor has not yet been qualified, the state officer is deemed to have been removed from office on the date that his or her term expired and shall immediately stop exercising the duties of the office.

The prohibitions against the governor nominating an individual for appointment or reappointment to a state office for a second time after the individual's first nomination for appointment or reappointment to the state office has been rejected by the senate and against the governor appointing the rejected individual to temporarily discharge the duties of the office only apply for the term of the senate that rejected the individual. The rejected individual becomes eligible for nomination for appointment or reappointment to the state office on the date when a new senate convenes for its first regular session and becomes eligible for appointment to discharge the duties of the office on the date following the day on which the new senate adjourns its first regular session sine die.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

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Status

Introduced
Lost

Bill Text