Introduced By: Senators Paiva Weed, Roney, Goodwin, McDonald and Oster
Date Introduced : January 20, 1998
It is enacted by the General Assembly as follows:
SECTION 1. Section 36-1-12 of the General Laws in Chapter 36-1 entitled "Appointment, Qualification, and Tenure of Officers" 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 thirty (30) {ADD legislative ADD} days after notice of the making of appointments by the governor and shall not have disapproved the appointments or shall have failed to act thereon, the appointment by the governor shall stand as confirmed. If the senate shall within the thirty (30) {ADD legislative ADD} 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 thirty (30) {ADD legislative ADD} 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 thirty (30) {ADD legislative ADD} days thereafter and before action has been taken thereon by the senate.
SECTION 2. Section 42-6-11 of the General Laws in Chapter 42-6 entitled "Departments of State Government" is hereby amended to read as follows:
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 thirty (30) {ADD legislative ADD} days after receipt of the notice, act upon the appointment. If the senate shall, within thirty (30) {ADD legislative 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 thirty (30) {ADD legislative 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 thirty (30) {ADD legislative ADD} days thereafter and before action has been taken thereon by the senate.
SECTION 3. This act shall take effect upon passage.
