Missouri Senate

Senate Substitute

Currently, when a vacancy occurs in the office of State Representative or State Senator, the Governor must issue a writ of election without delay. This act removes the phrase "without delay" and provides that the writ shall be issued within thirty days.

This act creates the Executive Branch Accountability Act of 2014.

This act requires the Governor to issue a writ of election to fill a vacancy in the office of Lieutenant Governor within 30 days of the vacancy for an election to be held within four months of the date of issuance of the writ. The election shall be to fill the remainder of the term. In the case of impeachment, the office shall remain vacant until the impeachment is determined. This provision is similar to SCS/HCS/HB 110 (2013) and SCS/SB 82 (2013).

The appointment of any head of an executive department or division established by the Missouri Constitution or law, as well as any member of an administrative board or commission, shall be made by and with the advice and consent of the Senate. The provisions of this act shall apply regardless of whether the law creating the position contains a specific requirement that the appointment be subject to the advice and consent of the Senate. This provision is similar to SB 1007 (2004).

If a vacancy occurs in the office of Attorney General, State Auditor, Secretary of State, or State Treasurer, this act provides that the Governor shall immediately appoint a person to fill the vacancy until a successor is elected at the next general election and qualified to fill the office for the remainder of the term in which the vacancy occurred. In cases of impeachment, the Governor shall appoint a qualified person to serve only until the impeachment is determined. If acquitted, then the statewide-elected official shall be reinstated in office. If convicted, then the Governor shall make a new appointment to serve until a successor is elected at the next general election.

The Secretary of State is required to make available to the public in a web-based electronic format an abstract of all commissions issued and appointments made by the Governor and Lieutenant Governor.

The act creates a process for the following state departments for instances where the position of department head becomes vacant: the Office of Administration; the Department of Agriculture; the Department of Corrections; the Department of Economic Development; the Department of Health and Senior Services; the Department of Insurance, Financial Institutions and Professional Registration; the Department of Labor and Industrial Relations; the Department of Natural Resources; the Department of Public Safety; the Department of Revenue; and the Department of Social Services. For each of these state departments, the department head shall designate by written order a deputy to act for the department head during any vacancy or absence of the head for official business, vacation, illness or incapacity. Upon commencement of such vacancy, the Governor shall appoint the deputy as acting department head. If no deputy is designated, then the Governor shall appoint an acting director from among the division heads in the department.

The deputy head shall serve as acting director for no more than 120 days from the date the vacancy or absence first occurs. Upon completion of the 120 days, the authority of the acting director shall expire. The Governor cannot appoint another acting director after the authority of the deputy head as acting director has expired. The 120 day limit shall toll during any period of time when the Governor has appointed a department head and submitted the person to the Senate for its advice and consent. If the appointment of a director is returned to the Governor by the Senate, or does not receive its advice and consent, the deputy director may serve as acting director for an additional thirty days. After a deputy director has served as acting director for more than 30 days, the deputy director shall be compensated at the same rate as the director during the period when serving as acting director.

Currently, administrative law judges within the Division of Workers' Compensation are appointed by the Division. This act provides that the Division shall nominate and the Governor shall appoint all such judges with the advice and consent of the Senate.

This act contains a referendum clause. The provisions of this act shall also only become effective upon the passage of a constitutional amendment regarding the Governor's appointment authority.

JIM ERTLE