Legislative Column for the Week of Jan. 27, 2014
Senate Takes Action on Propane Shortage;
Debates First Bill of 2014 Session

Despite what many people think, the job of a legislator isn’t just to make laws. Success shouldn’t be measured by how many bills we can pass. We are elected as state officials to be the voice of the citizens. We’re here to serve, in whatever capacity we can. That should always be our guiding philosophy.

It was with this in mind that the Senate acted on two major issues this week currently affecting Missourians, one more immediate, and the other a flawed policy that has long plagued our state. 

Sometimes the most important thing we can do in the Legislature is compel action on the problems threatening our citizens, which was one of our highest priorities this week. As many have read, the price of propane has skyrocketed in recent weeks. Not long ago, a gallon cost around $1.25. On Monday it hovered near $5.

The cost increase has been blamed on a shortage. Farmers had to use high amounts of propane to dry wet crops. The weather has been historically cold. The United States is also exporting more of the low-cost fuel than ever before.

However, none of these reasons can account for a price hike this high. And the results could be devastating. Many people use propane to heat their homes or businesses, especially in out-state areas. If these prices continue, heating their homes just won’t be financially feasible. Their options are going to be limited.

We need answers. This week, the Missouri Senate compelled Missouri Attorney General Chris Koster to investigate the matter. His office has already promised swift action. We’ve also approved a resolution urging the U.S. Department of Justice to look into the matter. We are doing everything we can as legislators to find a reason why.

Government should always be an institution that serves the people. As elected officials, we have a duty to ensure our state government is accountable to the people. One of the most important ways we do this is through vetting the appointment of state department directors.

As we’ve seen in the past, state agencies wield an incredible amount of power. While the Legislature creates the laws that dictate how these agencies run, they’re given a lot of leeway in implementing the actual processes to adhere to those statutes. Directors are incredibly influential positions then, which is why one of the governor’s most important—and most powerful—duties is appointing people to the heads of departments.  

Our Constitution checks this executive power by requiring all gubernatorial appointments to be approved by the Missouri Senate. This guarantees that these offices are filled with qualified candidates who are best able to serve the citizens of our state. It gives the people’s elected representatives a say in who exactly is leading our state agencies.

That’s not happening right now. The executive branch has relied on loose language in our current laws to circumvent this practice. As it stands, existing statutes only compel the executive branch to appoint an individual to a vacancy “without delay.” The problem, as you can probably see, is that phrase is wide open for interpretation.

Without delay is relative, and the executive branch has used this gray area to stack departments with directors who haven’t gone through the proper appointment process, mainly by allowing “acting directors,” which are only meant to be temporary, to serve indefinitely.  Because of this technical loophole, we now have multiple heads of state departments who have never come before the Senate for approval.

This week, we debated the first bill of the session, Senate Bill 507. The measure modifies the appointment process for department directors. It also sets a 30 day time limit for when the governor must call a special election to fill a vacant seat in the Missouri Senate or House. These changes will restore balance to the gubernatorial appointment process by allowing the Senate to do its duty in vetting and confirming gubernatorial appointments, including department directors.


If you have any questions or comments about this or any other matter regarding your state government, please feel free to contact me at (573) 751-1503; you are also welcome to e-mail me at jay.wasson@senate.mo.gov