ARIZONA STATE SENATE
RESEARCH STAFF
TO: MEMBERS OF THE SENATE
GOVERNMENT COMMITTEE
DATE: March 25, 2025
SUBJECT: Strike everything amendment to H.B. 2872, relating to government
Purpose
Requires, beginning on the effective date, any executive director or director who serves at
the pleasure of the Governor who is subject to Senate confirmation and who is retained from any
previous Governor's administration to be renominated by the current Governor, with the consent
of the Senate. Requires the Chief Executive Officer (CEO) of the Arizona Commerce Authority
(ACA) to be appointed by the Governor, rather than employed and contracted by the ACA Board
of Directors.
Background
When provided by law, the Governor must nominate an officer for state office to an
appointive office and, with the consent of the Senate, appoint the officer to the office. Every officer
who is subject to confirmation by the Senate and whose term is not fixed by law holds office at
the pleasure of the appointing power, but a nominee may not serve for longer than one year after
nomination without Senate consent. A nominee must assume and discharge the duties of the office
until the Senate rejects or takes no action regarding the nomination.
If the Senate rejects a nomination, the nominee is not appointed, and the Governor must
nominate another person who meets the requirements for the office. If the Senate takes no formal
action on the nomination during the Legislative Session, or if a nomination other than the one that
is required to be sent to the Senate during the first week of the Legislative Session is not received
during the Session, the Governor must, after the close of the Legislative Session, appoint the
nominee to serve, and the nominee must discharge the duties of the office, subject to confirmation
during the next Legislative Session (A.R.S. § 38-211).
The Board of Directors of the ACA must employ a CEO and prescribe the terms and
conditions of the CEO's employment. The CEO serves at the pleasure of the Board of Directors of
the ACA under the terms of a performance-based contract. The CEO is responsible for managing,
administering and supervising the activities of the ACA and must negotiate, make, execute,
acknowledge and perform contracts and other agreements in the interest of the authority or to carry
out or accomplish the duties of the ACA (A.R.S. § 41-1503).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires, beginning on the effective date, any executive director or director who serves at the
pleasure of the Governor who is subject to confirmation and who is retained from any previous
Governor's administration to be renominated by the current Governor with the consent of the
Senate.
SAMUEL ROSENBERG
LEGISLATIVE RESEARCH
ASSISTANT ANALYST
ANNA NGUYEN
LEGISLATIVE RESEARCH ANALYST
GOVERNMENT COMMITTEE
Telephone: (602) 926-3171 STRIKER MEMO
H.B. 2872
Page 2
2. Requires the CEO of the ACA to be appointed by the Governor, to serve at the pleasure of the
Governor, rather than employed by the ACA Board of Directors, to serve at the pleasure of the
Board under the terms of a performance-based contract.
3. Makes technical and conforming changes.
4. Becomes effective on the general effective date.