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AR SB933

Bill

Status

Passed

4/9/2015

Primary Sponsor

Jason Rapert

Click for details

Origin

Senate

90th General Assembly (2015 Regular)

AI Summary

  • Allows the Governor to remove agency, board, or commission members appointed without Senate confirmation for good cause, including criminal conduct involving moral turpitude, gross dereliction of duty, gross abuse of authority, or unexcused absence from three successive regular meetings.

  • Removal orders must be in writing, delivered to the member or counsel, and specifically state the grounds for removal; voting or policy decisions of members cannot constitute grounds for removal.

  • Agency secretaries must notify the Governor within 30 days of any member absent from three successive regular meetings, including copies of meeting notices and attendance records for the past year.

  • Members have 20 days after receiving notice of intent to remove to request an excused absence (verified by physician statement) or dispute the attendance records; members referred for excessive absences lose per diem and expense reimbursement until excused.

  • Removed members may petition Pulaski County Circuit Court within 30 days for de novo review, with the Governor bearing the burden of proof by clear and convincing evidence; members who successfully challenge removal may recover attorney's fees and court costs, and both parties may appeal to the Supreme Court.

Legislative Description

To Create A Removal And Replacement Process For An Agency, Board, Or Commission Member Who Is Not Subject To Confirmation By The Senate.

Last Action

Notification that SB933 is now Act 1277

4/9/2015

Committee Referrals

State Agencies and Governmental Affairs3/25/2015
State Agencies & Governmental Affairs3/9/2015

Full Bill Text

No bill text available