WEST virginia Legislature
2017 regular session
Introduced
Senate Bill 204
By Senators Boso, Blair and Facemire
[Introduced February
9, 2017; referred
to the Committee on Government Organization]
A BILL to amend and reenact §5-1-22 of the Code of West Virginia, 1931, as amended, relating to filling vacancies in offices by appointment of the Governor; and requiring that persons appointed to fill a vacancy have the same qualifications for the vacated office and receive same compensation and expenses for the office otherwise provided by law.
Be it enacted by the Legislature of West Virginia:
That §5-1-22 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 1. THE GOVERNOR.
§5-1-22. Vacancies in offices filled by appointment of Governor; Senate action; bond requirements; filling vacancies in other appointive offices.
In case of a vacancy,
during the recess of the Senate, in any office, which vacancy the Governor is
authorized to fill by and with the advice and consent of the Senate, the
Governor shall, by appointment within thirty days, fill such vacancy
until the next meeting of the Senate, when the Governor shall submit to the
Senate a nomination to fill such vacancy and, upon confirmation of such nomination
by the Senate, by a vote of a majority of all the members elected to the
Senate, taken by yeas and nays, the person so nominated and confirmed shall
hold said office during the remainder of the term for which his or her
predecessor in office was appointed, and until his or her successor
shall be appointed and qualified. Any person appointed to fill a vacancy
shall possess the qualifications of the office and shall only receive
compensation and expenses for the office, as provided in this code. No
person whose nomination for office has been rejected by the Senate shall again be
nominated for the same office during the session in which his or her
nomination was so rejected, unless at the request of the Senate, nor shall he
the person be appointed to the same office during the recess of the
Senate. No appointee who resigns from any such office prior to confirmation, or
whose name has not been submitted for confirmation while the Senate is in
session, shall be eligible, during the recess of the Senate, to hold any office
the nomination for which must be confirmed by the Senate.
The bond, if any, required by law to be given by any officer so temporarily appointed by the Governor, shall be in such penalty as is required by law of the incumbent of such office.
Any vacancy in any other office filled by appointment, or in any office hereafter created to be filled by appointment, shall be filled by the same person, court or body authorized to make appointment to such office for the full term thereof.
NOTE: The purpose of this bill is to require that persons appointed to fill a vacancy by the Governor have the same qualifications for the vacated office and receive same compensation and expenses for the office otherwise provided by law.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.