CHAPTER 254


97-S 1122
Effective Without the Governor's Signature
Jul. 8, 1997


AN ACT RELATING TO CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

It is enacted by the General Assembly as follows:

SECTION 1. Section 36-1-12 of the General Laws in Chapter 36-1 entitled "PUBLIC OFFICERS AND EMPLOYEES" is hereby amended to read as follows:

36-1-12. Time allowed for senate action on nominations -- Disapproval -- Withdrawal. -- Whenever the senate shall have been in session for {DEL twelve (12) legislative DEL} {ADD thirty (30) ADD} days after notice of the making of appointments by the governor and shall not have disapproved the same or shall have failed to act thereon, the appointment by the governor shall stand as confirmed. If the senate shall within the {DEL twelve (12) DEL} {ADD thirty (30) ADD} {DEL legislative DEL} days vote to disapprove the appointment, it forthwith shall notify the governor who, within seven (7) legislative days after notice, shall again make the appointments as desired and notify the senate thereof and so on in like manner until the senate shall approve or fail to act upon or to disapprove in {DEL twelve (12) DEL} {ADD thirty (30) ADD} {DEL legislative DEL} days, as aforesaid, of the governor's appointments. The governor may withdraw any appointment of which he or she has given notice to the senate at any time within {DEL twelve (12) DEL} {ADD thirty (30) ADD} {DEL legislative DEL} days thereafter and before action has been taken thereon by the senate.

SECTION 2. Section 42-6-3 and 42-6-11 of the General Laws in Chapter 42-6 entitled "DEPARTMENTS OF STATE GOVERNMENT" are hereby amended to read as follows:

42-6-3. Appointment of directors. -- (a) At the January session following his or her election to office, the governor shall appoint a director of administration, a director of human services, a director of mental health, retardation and hospitals, a director of transportation, a director of business regulation, a director of labor and training, a director of environmental management, a director for children, youth and families, a director of elderly affairs, and a director of corrections. The governor shall, in all cases of appointment of a director while the senate is in session, notify the senate of his or her appointment and the senate shall, within {DEL twelve (12) DEL} {ADD thirty (30) ADD} legislative days after receipt of the notice, act upon the appointment. If the senate shall, within {DEL twelve (12) DEL} {ADD thirty (30) ADD} legislative days, vote to disapprove the appointment it shall so notify the governor, who shall forthwith appoint and notify the senate of the appointment of a different person as director and so on in like manner until the senate shall fail to so vote disapproval of the governor's appointment. If the senate shall fail, for {DEL twelve (12) DEL} {ADD thirty (30) ADD} legislative days next after notice, to act upon any appointment of which it has been notified by the governor, the person so appointed shall be the director. The governor may withdraw any appointment of which he or she has given notice to the senate, at any time within {DEL twelve (12) DEL} {ADD thirty (30) ADD} legislative days thereafter and before action has been taken thereon by the senate.

(b) Except as expressly provided in section 42-6-9, no director of any department shall be appointed or employed pursuant to any contract of employment for a period of time greater than the remainder of the governor's current term of office. Any contract entered into in violation of this section [July 1, 1994] is hereby declared null and void.

42-6-11. Appointment. -- The governor shall appoint a director of health and in all cases of appointment of the director of health the governor shall while the senate is in session, notify the senate of his or her appointment and the senate shall, within {DEL twelve (12) DEL}{ADD thirty (30) ADD} {DEL legislative DEL} days after receipt of the notice, act upon the appointment. If the senate shall, within{DEL twelve (12) legislative DEL} {ADD thirty (30) ADD} days, vote to disapprove the appointment it shall notify the governor, who shall forthwith appoint and notify the senate of the appointment of a different person as director and so on in like manner until the senate shall fail to vote disapproval of the governor's appointment. If the senate shall fail, for {DEL twelve (12) legislative DEL} {ADD thirty (30) ADD} days next after notice, to act upon any appointment of which it has been notified by the governor the person appointed shall be the director. The governor may withdraw any appointment of which he or she has given notice to the senate, at any time within {DEL twelve (12) legislative DEL} {ADD thirty (30) ADD} days thereafter and before action has been taken thereon by the senate.

SECTION 3. This act shall take effect upon passage.



As always, your comments concerning this page are welcomed and appreciated.

Thank you for stopping by!