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House committee advances bill to end 'holdover' status for unconfirmed appointees
Summary
Senate Bill 245, sponsored by Sen. Brandon Smith, would prevent individuals whose reappointments are not confirmed from continuing to serve until the following Dec. 31; the measure passed favorably out of committee and moves to the House floor.
Senate Bill 245, which would end a practice that allowed unconfirmed reappointments to remain in office until Dec. 31 of the following calendar year, passed favorably out of a Kentucky House committee after a roll-call vote.
The bill, presented by Senate sponsor Brandon Smith, closes what he described as a “loophole” that has allowed some individuals to continue serving on state boards and commissions after their reappointments were not confirmed. If enacted, the measure would make such terms end at sine die of the legislative session year rather than carry over to the next calendar year.
Senator Brandon Smith, identifying himself as the senator for the 30th Senate District, told the committee the change is narrowly focused. “Wedon'twant that to stay the way it is. We're just wanting to make sure we've closed up this loophole that we've seen that's been abused before,” he said. He cited the need for clearer review of background and qualifications for positions that exercise significant authority, saying the Senate confirmation process should include a deeper look at nominees.
Representative Moore asked whether, under current practice, a term that expires on Dec. 31 could continue through the next Dec. 31 if the reappointment had not been confirmed. Smith confirmed that the existing practice could allow that carryover and explained that in some cases the Senate declines to take a vote publicly or takes no action “as a courtesy,” which can leave a seat effectively occupied without confirmation. “You can achieve you have 2 routes to really do it,” Smith said, describing either an up-or-down vote or taking no action.
Smith also told the committee the legislature would not be assuming the governor's appointment authority; interim fills would remain the governor's prerogative. “We would not have that ability to do it. I would have to come through the governor's office,” he said, describing the bill as a narrow remedy rather than a change to appointment power.
A motion to report the bill favorably was made by Representative Gordon; a second was recorded but not specified in the transcript. The committee conducted a roll-call vote; members recorded on the transcript as voting yes included Representatives Baker, Chester Burton, Fugate, Gordon, Lawrence, Marzian, McPherson, Moore, Pollock, Thompson, Wesley, Whitaker, White, Whitten and Chair King. Chair King announced, “Senate sponsor, your bill passes out of this committee favorably and is now eligible for consideration on the house floor.”
The committee did not record any amendments or opposing testimony in the transcript provided. The bill will next be scheduled for consideration by the full House. The transcript did not specify an effective date or whether any related statutes would be amended beyond the bill text itself.
