Changes to Existing Law
SB146 — Clarify the effect of the resignation of certain gubernatorial appointees.
1 section modified+504-16
View:
§ 3-4-11
Amended+504-16
Section 3-4-11 — AMENDED
3-4-11. If any position on a board or commission whose members are appointed by the Governor with the consent of the Senate becomes vacant pursuant to § 3-4-1, the Governor may make an interim appointment to fill the vacancy, but any and the Senate must act upon the appointment. The interim appointment expires when the Senate acts upon the appointee's nomination. If the vacancy is any position on a board or commission whose members are appointed by the Governor with the consent of the Senate becomes vacant as the result of a resignation, the person who has resigned remains must continue to serve on the board or commission until the earlier of: (1) The Governor appoints a appointing another person with the consent of the Senate or makes makes; (2) The Governor making an interim appointment to fill the vacancy or until until, which must be acted upon by the Senate; or (3) Until a date set in writing by the person who resigned, whichever is sooner. If a person's term on the board or commission has expired, the person remains on the board or commission until the Governor appoints another person and the Senate consents to the appointment of the Governor's nominee or until the Governor reappoints the same person and the Senate acts upon consents to the renomination of the person whose term has expired. If a person's term on a board or commission has expired and the Governor does not nominate a another person for the new term by the tenth legislative day after the Legislature convenes, the person whose term has expired is deemed to be renominated for the new term and the Senate may shall act on the nomination accordingly. If a person is unable to serve an additional term due to a term limit, the person is not deemed renominated pursuant to this section and may not remain on the board or commission pursuant to this section after the adjournment of the next legislative session after the person's term expires. This section applies to any board or commission whose members are appointed by the Governor with the consent of the Senate Senate, unless the board or commission is specifically exempted from this section by law. 7