CELEBRATING 75 YEARS 1948 - 2023

Summary of SB 39-3

AN ACT AMENDING THE 

REQUIREMENTS AND CRITERIA FOR DIRECTORS OF CABINET DEPARTMENTS AND HEADS OF BUREAUS OR OFFICES UNDER THE GOVERNOR'S OFFICE, AMENDING SECTIONS 4.0112(a) and 4.0303; AND CREATING SECTION 4.0302, A.S.C.A.

​

Currently the existing 4.0112(a) reads:

​

4.0112 Appointive powers and confirmation procedures.

 

(a) Appointive powers of the Governor and the legislative confirmation procedures are as follows: directors of cabinet departments (those under 4.0301), and the heads of bureaus or offices who do not report either to the head of a cabinet department or to the head of a bureau or office whose appointment is subject to confirmation by the Legislature, shall be appointed by the Governor, and confirmed by a majority vote of the entire membership of each house of the Legislature. All other appointments shall be by the Governor unless by law that particular position is subject to confirmation by the Senate or by the Legislature.

(b) Nominations of appointments made during an adjournment of the Legislature or less than 5 legislative days from the end of a legislative session shall be acted upon at the
next regular session convened.

(c) Appropriated funds shall not be used to pay employees for service in positions
requiring confirmation if their names are not submitted for confirmation prior to the end
of the next regular session after they begin service in those positions, and no person shall
serve as an acting director of a department, office, or bureau for more than 90 days
whether consecutive or not, without confirmation by the Legislature.

(d) If a nomination of appointment is rejected, the authority to serve in office ceases
immediately. Failure to confirm a nominee at a session at which his confirmation is
considered does not preclude the Governor from resubmitting that name for the same
position, at the next succeeding session.

(e) The head of each executive department, bureau, or office subject to confirmation
may hold office during the continuance in office of the Governor by whom he is
appointed and until his successor is appointed and qualified unless sooner removed by the
Governor.

(f) It is the specific intent of this chapter to empower the newly elected Governor to
select his own team of department, bureau, and office heads, subject to confirmation.

(g) All department heads incumbent upon the first day of the administration of the
newly elected Governor, 3 January 1978, shall automatically tender their resignations
effective that day. This resignation procedure shall be followed by incumbent
department, bureau, and office heads, subject to confirmation, by tendering their
resignations effective on the first day of a new Governor’s administration.

History:1977, PL 15-23 § 1; 1978, PL 15-80; amd 1986, PL19-36 § 1.
Amendments: 1978 Section amended generally to add provisions relating to legislative confirmation procedures.

1986 Subsection (b): deleted “or special”. Subsection (C): replaced ‘may” with “shall”; deleted “or special”; and added provisions for length of term.

​

Proposed changes in 39-2 read:

4.0112 Appointive powers and confirmation procedures.

(a) Appointive powers of the Governor and the legislative confirmation procedures are as follows: 

1. Directors of cabinet departments (those under 4.0301), and the heads of bureaus or offices who do not report either to the head of a cabinet department or to the head of a bureau or office  to a department head, and all agencies or offices under the Governor’s Office, whose appointment is subject to confirmation by the Legislature, shall be appointed by the Governor, and confirmed by a majority vote of the entire membership of each house of the Legislature. 

2. All other appointments shall be by the Governor unless by law that particular position is subject to confirmation by the Senate or by the Legislature.