HCS/SJR 30 - This proposed constitutional amendment, if approved by the voters, would modify the gubernatorial appointment process. The amendment modifies the ability of the Governor to fill vacancies in certain offices. For any vacancy in the office of Lieutenant Governor, the amendment provides that the Governor shall immediately appoint an acting lieutenant governor to fill the vacancy. If the vacancy occurs in the first 22 months of the term, then the vacancy shall be filled at the next general election, otherwise the acting lieutenant governor shall serve the remainder of the term.
Currently, the Governor appoints all members of administrative boards and commissions and all department and division heads. Under the amendment, the Governor shall appoint department and division heads established by the Constitution or law, unless the Constitution or law provides otherwise. The amendment also provides that whenever a vacancy occurs in any office of department head, the Governor may appoint an acting or temporary department head in such manner and for such time as provided by law. An acting or temporary department head cannot serve for more than 180 days from the date the vacancy first occurs without receiving the advice and consent of the Senate. The Governor cannot appoint an acting or temporary department head if the Governor has previously appointed an acting or temporary department head for the same department in the last 360 days.
The amendment modifies the senatorial duties of the Lieutenant Governor by removing his or her ability to cast a deciding vote in the Senate on matters related to appointments of members of boards and commissions submitted to the Senate.
Currently, an interim appointee's authority to act shall terminate if the appointee does not receive the advice and consent of the Senate within thirty days after the Senate has convened in regular or special session. This amendment changes the time period from thirty days to sixty days.
JIM ERTLE