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SJR 30 - This proposed constitutional amendment, if approved by the voters, would modify the gubernatorial appointment process. Specifically, the amendment provides that the Governor may 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. Currently, the Governor is required to appoint all members of boards and commissions with the advice and consent of the Senate. This amendment provides that such appointments shall be made by the Governor unless the Constitution or law provides otherwise. If the Governor fails to select a person for such a board or commission within ninety days of a vacancy or the expiration of the term of office, then the Lieutenant Governor shall make the appointment with the advice and consent of the Senate. 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 forty-five days. 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, within thirty days, issue a writ of election to fill the vacancy for the remainder of the term. The election shall be held at the next general election date. For all gubernatorial appointed officers, the amendment provides that such officers shall hold office until their term ends and up to sixty days after the expiration of the term. If no successor is appointed within the sixty days after the term ends, the office shall remain vacant until a successor is appointed. JIM ERTLE
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