11.160 Procedure for General Assembly confirmation of appointments by the Governor or other appointing authority. - Kentucky Statutes

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11.160 Procedure for General Assembly confirmation of appointments by the Governor or other appointing authority. (1) When a statute specifically requires Senate confirmation of an appointment by the Governor or by other appointing authority, the appointment shall be handled in the
following manner:
(a) All names of persons nominated when the General Assembly is not in session shall be submitted for confirmation no later than the next regular session of
the General Assembly. The Governor who makes the appointment, or other
appointing authority, shall deliver the name of the nominee to the clerk of the
Senate upon appointment or no later than the fifteenth legislative day of the
next regular session of the General Assembly. The Governor may submit a
nominee for confirmation at any special session that occurs between the date
of initial appointment and the next regular session of the General Assembly. If
the Governor desires to submit the name of a nominee for confirmation at a
special session of the General Assembly, he shall place confirmation of the
nominee on the call for special session. (b) All names of persons nominated to positions during a regular session of the General Assembly shall be submitted for confirmation at that regular session.
The Governor who makes the appointment, or other appointing authority,
shall submit the name of the nominee, together with such accompanying
information as may expedite the consideration of the appointment to the clerk
of the Senate not more than three (3) legislative days after making the
appointment, unless the appointment is made during the last fifteen (15)
legislative days, in which case the nominee's name and information shall be
submitted not more than one (1) legislative day later. (c) For each nominee, the Governor who makes the appointment, or other appointing authority, shall deliver to the clerk of the Senate a letter of
appointment. The letter of appointment shall be accompanied by a resume
which contains at least the following information:
1. Complete employment history of the nominee; 2. Complete educational background of the nominee; and 3. Current and past employment by or financial relationships with the
Commonwealth of Kentucky or any of its political subdivisions held by
the nominee and any member of the nominee's immediate family. (d) When a statute requires an interim legislative committee to hold a public hearing on a particular appointment, the Governor who makes the
appointment, or other appointing authority, shall deliver the letter of
appointment and resume for each nominee to the Legislative Research
Commission within seven (7) days after making the appointment. (e) The Legislative Research Commission may utilize the services of its staff or other appropriate persons or organizations to investigate the background of
nominees and to verify the information provided. The Department of Kentucky State Police shall conduct and provide a criminal record history on a
nominee if requested by the Legislative Research Commission. (f) During periods when the General Assembly is not in session, the Governor's or other appointing authority's power of appointment shall not be diminished,
and nominees may assume the responsibilities of the position pending
confirmation. During that period, they shall be considered for all purposes to
have been appointed and to be lawful occupants of the post to which they have
been nominated, except that they shall be subject to the confirmation process
when the General Assembly is next in regular session or special session called
for the purpose of confirming the nominees. (g) If the Governor who makes the appointment, or other appointing authority, fails to submit the name of the nominee or if the Senate declines to consider a
nominee, the position shall become vacant as of sine die adjournment of the
applicable special or regular session of the General Assembly at which the
appointment was to be confirmed. If the Senate declines to confirm the
nominee, the position shall become vacant upon the date the Senate declined
to confirm. (h) Any person not confirmed by the Senate shall not be reappointed by the Governor, or other appointing authority, to the same position for which
confirmation is required for a period of two (2) years from the date the Senate
declined to confirm the nomination or the date of sine die adjournment if the
Senate declined to consider the nomination. (2) When a statute specifically requires Senate and House of Representatives confirmation of an appointment by the Governor or by other appointing authority,
the appointment shall be handled in the following manner:
(a) All names of persons nominated when the General Assembly is not in session shall be submitted for confirmation no later than the next regular session of
the General Assembly. The Governor who makes the appointment, or other
appointing authority, shall deliver the name of the nominee to the clerk of the
House of Representatives no later than the fifteenth legislative day of the next
regular session of the General Assembly. The Governor may submit a
nominee for confirmation at any special session that occurs between the date
of initial appointment and the next regular session of the General Assembly. If
the Governor desires to submit the name of a nominee for confirmation at a
special session of the General Assembly, he shall place confirmation of the
nominee on the call for special session. (b) All names of persons nominated to positions during a regular session of the General Assembly shall be submitted for confirmation at that regular session.
The Governor who makes the appointment, or other appointing authority,
shall submit the name of the nominee to the clerk of the House of
Representatives not more than three (3) legislative days after making the
appointment, unless the appointment is made during the last fifteen (15)
legislative days, in which case the nominee's name and information shall be
submitted not more than one (1) legislative day later. (c) For each nominee, the Governor who makes the appointment, or other appointing authority, shall deliver to the clerk of the House of Representatives
a letter of appointment. The letter of appointment shall be accompanied by a
resume which contains at least the following information:
1. Complete employment history of the nominee; 2. Complete educational background of the nominee; and 3. Current and past employment by or financial relationships with the
Commonwealth of Kentucky or any of its political subdivisions held by
the nominee and any member of the nominee's immediate family. (d) When a statute requires an interim legislative committee to hold a public hearing on a particular appointment, the Governor who makes the
appointment, or other appointing authority, shall deliver the letter of
appointment and resume for each nominee to the Legislative Research
Commission within seven (7) days after making the appointment. (e) The Legislative Research Commission may utilize the services of its staff or other appropriate persons or organizations to investigate the background of
nominees and to verify the information provided. The Department of
Kentucky State Police shall conduct and provide a criminal record history on a
nominee if requested by the Legislative Research Commission. (f) The confirmation shall originate in the House of Representatives. If the House of Representatives does not confirm an appointment, the Senate shall not
consider the appointment. (g) When both the Senate and the House of Representatives have confirmed an appointment, the Senate shall notify the House of Representatives of the final
approval. The clerk of the House shall then notify the Governor, or other
appointing authority, and the appointee in writing of the General Assembly's
action. (h) During periods when the General Assembly is not in session, the Governor's or other appointing authority's power of appointment shall not be diminished,
and nominees may assume the responsibilities of the position pending
confirmation. During that period, they shall be considered for all purposes to
have been appointed and to be lawful occupants of the post to which they have
been nominated, except that they shall be subject to the confirmation process
when the General Assembly is next in regular session or special session called
for the purpose of confirming the nominees. (i) If the Governor who makes the appointment, or other appointing authority, fails to submit the name of the nominee or if the House of Representatives or
the Senate declines to consider a nominee, the position shall become vacant as
of sine die adjournment of the regular session of the General Assembly at
which the appointment was to be confirmed. If the House of Representatives
or the Senate declines to confirm the nominee, the position shall become
vacant upon the date that a chamber of the General Assembly first declined to
confirm. (j) Any person not confirmed by the House of Representatives or the Senate shall not be reappointed by the Governor, or other appointing authority, to the same
position for which confirmation is required for a period of two (2) years from
the date that a chamber of the General Assembly first declined to confirm the
nomination, or the date of sine die adjournment if the House of
Representatives or the Senate declined to consider the nomination. Effective: June 26, 2007
History: Amended 2007 Ky. Acts ch. 85, sec. 4, effective June 26, 2007. -- Amended 1994 Ky. Acts ch. 26, sec. 1, effective July 15, 1994.