For Immediate Release:
Jan. 30, 2014

Missouri Senate Gives First-Round Approval to First Bill of the 2014 Legislative Session

JEFFERSON CITY — Members of the Missouri Senate prove time is of the essence and perfect, or give first-round approval, to the first measure of the 2014 session.  Senate Bill 507, sponsored by Sen. Bob Dixon, R-Springfield, changes the state’s gubernatorial appointment process for acting directors and the process for filling vacancies in certain state public offices.

The act would require the governor to issue a writ of election within 30 days when a vacancy occurs in the House or Senate.  Regarding appointments to the governor’s boards and commissions, if the governor does not appoint a new member within 60 days after the vacated term is expired, then the position is considered vacant, setting in motion the process to appoint another member to that board or commission (amendment offered by Sen. Eric Schmitt, R-Glendale). 

Senate Bill 507 also creates the Executive Branch Accountability Act of 2014.  This act would:

• Require the governor to issue a writ of election if the office of lieutenant governor becomes vacant within 30 days of the vacancy for an election to be held at the next general election (amendment offered by Sen. Schmitt);
• Require the appointment of any executive department or division director, as well as any member of an administrative board or commission, be made by and with the advice and consent of the Senate; and
• Require the governor to immediately appoint a person to fill the vacancy in the office of Attorney General, State Auditor, Secretary of State, or State Treasurer until a successor is elected in the next general election.

The Secretary of State is required under the bill to make available to the public all commissions issued and appointments made by the lieutenant governor and governor online.

In addition, the legislation creates a process for certain state departments to fill vacant department head positions, requiring each department director to designate a deputy  to serve as acting department head.  If a vacancy in the director position occurs, the governor would appoint the deputy as acting department head.  If no deputy is named, then the governor would appoint an acting director from a division within the department.  The acting director is prohibited from serving no more than 120 days, after this timeframe the authority of the acting director would expire.  The governor is prohibited from appointing another acting director after this official’s position is expired. 

If the appointment of a director is returned to the governor by the Senate, which is responsible for confirming all gubernatorial appointments, the deputy director may serve as acting director for an additional 30 days (amendment offered by Sen. Jolie Justus, D-Kansas City).

This measure contains a referendum clause, meaning provisions of the legislation, such as those dealing with acting directors, can only become effective upon the passage of a proposed constitutional amendment regarding the governor’s appointment authority: Senate Joint Resolution 30, also sponsored by Sen. Dixon.  If approved by voters, this resolution would amend the Missouri Constitution to require the governor to appoint acting department heads only in the manner provided by law and change the process by which the governor makes appointments to fill vacancies in public offices, subject to Senate oversight.

Senate Bill 507 needs another passing vote before it can advance to the House of Representatives for similar consideration.

To see a complete list of bills moving through the legislative process, visit www.senate.mo.gov.