SB 105 — Requiring the governor to appoint a person to fill vacancies in the offices of United States senator, state treasurer and commissioner of insurance from a list of names approved by the legislature.

{As Amended by House Committee of the Whole} AsAmended by House Committee {As Amended by Senate Committee of the Whole} As Amended by Senate Committee Session of 2025 SENATE BILLNo.BILL No.

105 By Committee on Federal and StateAffairs 1-29 AN ACT concerning the offices of United States senator, state treasurer and the commissioner of insurance;

25-25-318. 318.

Within two three calendar days after receiving a concurrent resolution adopted pursuant to section 4, and amendments thereto, or a report submitted pursuant to section 3, and amendments thereto, the governor shall appoint one of the three persons recommended as candidates in such concurrent resolution or report to temporarily fill such vacancy.

(b) No person shall be appointed pursuant to this act unless such person is a resident of this state and shall have been registered with the SBsame 105—Am.political party for the immediately preceding six years as that of the United States senator elected at the immediately preceding election for such office.

by HCW 2 same political party for the two immediately preceding six general elections held in even-numbered years as that of the United States senator elected at the immediately preceding election for such office.

Each of this state's congressional districts shall be represented by at least two members of the joint committee who shall be residents thereof.

(8) one member of the house of representatives appointed by the speakerSENATE proBILL temNo. of the house of representatives;

105—page 2 speaker pro tem of the house of representatives;

Of the members named or appointed under subsections (a)(3), SB(a)(4), 105—Am.(a)(6) and (a)(8), each of this state's congressional districts shall be represented by at least one such member who shall be a resident thereof.

by HCW 3 (a)(4), (a)(6) and (a)(8), each of this state's congressional districts shall be represented by at least one such member who shall be a resident thereof.

(c)(d) The(d) The president of the senate, or the president's designee, shall be the chairperson of the joint committee and the speaker of the house of representatives,orrepresentatives, or the speaker's designee, shall be the vice chairperson{Uponchairperson. the first instance of the establishment of the joint committee, the president of the senate shall appoint the chairperson of the joint committee from the members appointed under subsections (a)(1), (a)(2), (a)(5) and (a)(7) and the speaker of the house of representatives shall appoint the vice chairperson from the members appointed under subsections (a)(3), (a)(4), (a)(6) and (a)(8).

Thereafter, whenever the joint committee is required to be established, the speaker of the house of representatives and the president of the senate shall alternate in appointing the chairperson and the vice chairperson}.

(d)(e) The(e) The joint committee on vacancy appointments shall meet at any time and at any place within the state on call of the chairperson.

(e)(f) The(f) The first meeting of the joint committee shall be held within 30 calendar days of a vacancy occurring in the office of United States senator, the office of state treasurer or the office of the commissioner of insurance.

{TheSuch jointreview committee shall onlyinclude reviewverifying candidatesthat whosuch arecandidate nominatedsatisfies federal and state requirements to fillhold thesuch vacancyoffice byand to be appointed to fill a membervacancy ofin thesuch legislature.office.

Each member of the legislature may nominate one person for consideration by the joint committee.} Such review shall include verifying that such candidate satisfies federal and state requirements to hold such office and to be appointed to fill a vacancy in such office.

(b) Except(b) If asthe providedvacancy inoccurs subsectionduring (c),a atregular thesession conclusion of itsthe publiclegislature, hearings{Ifor occurs when the vacancylegislature occursis duringnot ain regular session but a special session of the SBlegislature 105—Am.is called within five calendar days after such vacancy occurs, then, within 30 calendar days after the first meeting of the joint committee, the joint committee shall introduce a concurrent resolution in each house recommending three persons as candidates to fill the vacancy.

by(c) If HCWthe 4joint legislature,committee orconcludes occursits whenpublic hearings while the legislature is not in regular sessionor but a special sessionsession, ofthen, the legislature is called within seven days after such vacancy occurs, then,}{ within 30 calendar days after the first meeting of the joint committee},committee, the joint committee shall introducesubmit a concurrentreport resolutionto inthe eachgovernor house recommending three persons as candidates to fill the vacancy.

No(d) No member of the joint committee shall be recommended as a candidate to fill the vacancyvacancy. {submit a report to the senate and the house of representatives identifying five nominees for further consideration by the legislature}.

(c) IfNew theSec. joint committee concludes its public hearings while the legislature is not in regular or special session, then{, within 30 calendar days after the first meeting of the joint committee,} the joint committee shall submit a report to the governor recommending three persons as candidates to fill the vacancy.

{(d) No member of the joint committee shall be recommended as a candidate to fill a vacancy in any report submitted pursuant to this section.} New Sec.

(b) When directed to do so by the legislature, the joint committee shallSENATE reconveneBILL andNo. act in accordance with section 3, and amendments thereto.

When105—page introducing3 anyshall secondreconvene orand subsequentact resolution, the joint committee may recommend one or more of the candidates who were recommended in anyaccordance priorwith resolution {If the joint committee on vacancy appointments submits a report to the senate and the house of representatives pursuant to section 3, and amendments thereto,thereto. then the legislature may adopt a concurrent resolution calling for a joint session of the legislature to consider the nominees identified by the joint committee in such report.

UponWhen adoptionintroducing ofany asecond concurrentor resolutionsubsequent byresolution, both houses of the legislaturejoint establishingcommittee themay daterecommend andone timeor formore a joint session of the legislature,candidates thewho senatewere andrecommended the house of representatives shall meet in jointany sessionprior onresolution. such date and time for such purpose.

The legislature, when convened in such joint session, shall have no power to perform any act other than considering such nominees.

(b) When in joint session pursuant to this section, the president of the senate shall preside over the proceedings and, if the office of the president is vacant or the president is unable to do so, the speaker of the house of representatives shall preside over the proceedings.

The chief clerk of the house of representatives and the secretary of the senate shall each keep a record of the proceedings.

It shall be the duty SB 105—Am.

by HCW 5 of the chief clerk and the secretary to report such proceedings to their respective houses and record such proceedings in their respective journals.

(c) The rules of the house of representatives and the joint rules of the senate and the house of representatives in effect at the time of the joint session shall be the rules for such joint session to the extent that such rules do not directly conflict with the provisions of sections 2 through 4, and amendments thereto.

(d) All votes for nominees in a joint session of the legislature shall be taken by voice vote.

For each such vote, the secretary of the senate shall first call the names of the members of the senate, and then the chief clerk of the house of representatives shall call the names of the members of the house.

Each member of the legislature in attendance at the joint session shall be required to vote on all nominees unless excused by a majority vote of the members of the legislature in attendance.

(e) Each nominee identified in the report of the joint committee shall be considered and voted upon separately.

The nominees so identified shall be considered in alphabetical order based on the nominees' surnames.

(f) Any nominee who receives an affirmative vote from a majority of both the members of the senate and the members of the house of representatives shall be designated by the legislature as a candidate to fill the vacancy.

If a nominee fails to receive the required affirmative vote to be designated as a candidate, a motion to reconsider such nominee shall be in order only after all nominees have been considered and initially voted upon.

If a nominee fails to receive the required affirmative vote after a motion to reconsider such nominee, no second or subsequent motion to reconsider such nominee shall be in order.

(g) When three nominees have received the required affirmative votes to be designated as candidates pursuant to subsection (f), the consideration of nominees shall cease and no votes on any other nominees shall be in order.