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Amend the bill by striking out the title and substituting the following:
‘An Act To Provide Stability and Continuity in Leadership of State Agencies’
Amend the bill by striking out everything after the enacting clause and inserting the following:
‘Sec. 1. 5 MRSA §1, as amended by PL 1975, c. 771, §23, is further amended to read:
§ 1.Appointment of temporary officials; removal; salary; posting of nominations
In order to provide for the uninterrupted and orderly functioning of any agency, board, commission or department of the State Government during a vacancy in the office of the appointive or elective head thereof and whenever there is no state official, deputy, assistant or other state employee duly authorized by law to exercise the powers and perform the duties of suchthe appointive or elective head during suchthe vacancy, the Governor is empowered to appoint a temporary deputy commissioner to exercise the powers and perform the duties of the appointive or elective head of suchthe office during suchthe vacancy. The term of office of sucha temporary deputy commissioner so appointed shall beis at the pleasure of the Governor and shallmay not extend beyond the date of qualification of a successor to the office of appointive or elective head of suchthe agency, board, commission or department or 60 days from the date of his appointment, whichever shall first occuroccurs. The term of office of such a temporary deputy commissioner so appointed to an office to which appointments are by law subject to confirmation by the Legislature shall beis at the pleasure of the Governor and shallmay not extend beyond the date of qualification of a successor appointed to suchthe office or 6 months from the date of appointment, whichever shall first occuroccurs. SuchA temporary deputy commissioner shallis not be eligible for reappointment. SuchA temporary deputy commissioner shallmust be appointed from the personnel of the agency, board, commission or department in which suchthe vacancy occurs.
During the term of such appointment, thea temporary deputy commissioner shall beis paid a salary to be determined by the Governor but not to exceed that received by the appointive or elective head at the termination of histhe appointive or elective head's services with the State Government.
In the event an employee in the classified service of the State Government is appointed as a temporary deputy commissioner he shallthat employee, during the term of his appointment as temporary deputy commissioner, retainretains all of the rights and all of the retirement benefits to which he may bethat employee is entitled as a classified employee of the State Government.
Notwithstanding any other provision of law to the contrary, the Governor shall post nominations to fill vacancies in the office of the commissioner of executive branch departments in accordance with this section.
 
1.  Nomination of candidate to fill vacancy in the office of the commissioner.     Except as provided in subsection 2, the Governor shall, within 90 days of a vacancy in the office of the commissioner of an executive branch department, post the nomination of a candidate for commissioner in accordance with Title 3, section 154. In the event a candidate nominated to fill a vacancy in the office of the commissioner in accordance with this subsection is not confirmed by the Legislature, the Governor shall, within 90 days of the Senate confirmation vote pursuant to Title 3, section 158, post the nomination of an alternative candidate.
 
2.  Nomination of candidate to fill vacancy; Commissioner of Education.     For the Commissioner of Education, appointed pursuant to Title 20-A, section 251, subsection 1, the Governor shall, within 120 days of a vacancy in the office of the commissioner, post the nomination of a candidate for commissioner in accordance with Title 3, section 154. In the event a candidate nominated to fill a vacancy in the office of Commissioner of Education in accordance with this subsection is not confirmed by the Legislature, the Governor shall, within 120 days of the Senate confirmation vote pursuant to Title 3, section 158, post the nomination of an alternative candidate.
Sec. 2.  20-A MRSA §251, sub-§3  is enacted to read:
 
3.  Nomination to fill vacancy.    The nomination of a candidate to fill a vacancy in the office of the commissioner must be made in accordance with Title 5, section 1, subsection 2.’
 
SUMMARY
This amendment is the majority report of the committee. The amendment replaces the bill, which is a concept draft. The amendment requires the Governor to nominate a candidate for commissioner of an executive branch department, other than the Department of Education, within 90 days of a vacancy in the position of commissioner and, in the event a candidate nominated to fill a vacancy is not confirmed by the Legislature, requires the Governor to post a nomination of an alternative candidate within 90 days of the Senate confirmation vote. For a vacancy in the office of the Commissioner of Education, the amendment provides 120 days for the nomination to allow for the required review by the State Board of Education prior to posting the nomination of a candidate. In the event the candidate is not confirmed by the Legislature, the amendment provides an additional 120 days for the Governor to post the nomination of an alternative candidate.