SB 113

Under current law, the secretary of natural resources is nominated by the

governor, and with the advice and consent of the senate appointed, to serve at the

pleasure of the governor. Under this bill, the Natural Resources Board appoints the

secretary of natural resources for a four-year term. As the appointing body, the

Natural Resources Board may remove the secretary from office at any time. The bill

provides that the secretary in office when the bill takes effect serves a four-year term

beginning when he or she was appointed.

Under current law, when an appointive state office that has a specific term

becomes vacant, because of a resignation or removal, for example, the new appointee

is appointed for the rest of the unexpired term. Under this bill, when the office of

secretary of natural resources becomes vacant, the new appointee serves a full

four-year term beginning when he or she is appointed.

Under current law, the Natural Resources Board consists of seven members

nominated by the governor, and with the advice and consent of the senate appointed,

for six-year terms. As with members of other state boards, a member of the Natural

Resources Board may continue to serve after the expiration of his or her term until

a successor is nominated and the senate consents to the nomination. This bill

provides that the position of a member of the Natural Resources Board nominated

after January 2, 2011, becomes vacant upon the expiration of the member's term.

This change triggers the application of a current provision under which the governor

may provisionally fill a vacancy, without the consent of the senate. The provisional

appointment remains in effect until the senate acts on the appointment.