SCS/SB 794 - This act requires the Governor to inform the Missouri Senate, in writing, of any appointments to state boards or commissions made while the Senate is not in session. No appointee shall be sworn in until such notification has been made. After appointment and notification, the Governor is prohibited from withdrawing or rescinding the appointment unless such action is authorized by the Senate and except in the case of charges of malfeasance, misfeasance, or nonfeasance in office.
In order to withdraw or rescind an appointment, when the Senate reconvenes, the Governor may request an appointment be sent back without prejudice. However, if the Senate rejects the request or does not approve the request and the time frame by which the Senate was to consider the original appointment expires without the Senate giving its advice and consent, the appointee shall be deemed rejected and prohibited from being reappointed.
The Governor shall be prohibited from reappointing an appointee that was appointed prior to the effective date of this act if the appointee was appointed when the Senate was not in session and resigned his or her position prior to receiving the advice and consent of the Senate.
No person whose appointment requires the advice and consent of the Senate shall have the authority to act prior to receiving the advice and consent of the Senate if such person is reappointed to a position by the Governor while the Senate is not in session and such person's prior appointment to such position on the administrative board or commission failed, for any reason, to receive the advice and consent of the Senate.
At all meetings of any state board or commission, only members that have received the advice and consent of the Senate shall be counted for purposes of determining the existence of a quorum. No official actions may be taken unless a majority of the board or commission, all of whom shall have received the advice and consent of the Senate, votes therefor.
This act also modifies provisions relating to the State Board of Education. At no time shall more than two members of the Board be classified as "independent".
Additionally, the act requires that each Board member shall be sworn in during open session of the Board, and the oath of office shall be administered by the President or Vice President of the Board. In order to establish a quorum, five members that have received the advice and consent of the Senate shall be present. No official actions may be taken unless a majority of the Board, all of whom have received the advice and consent of the Senate, vote therefor.
The act repeals a provision authorizing the Governor to make a temporary appointment to the Board if a vacancy arises while the General Assembly is not in session.
If at any time a quorum of the Board has not received the advice and consent of the Senate, the State Treasurer shall distribute all necessary appropriations to school districts pursuant to state and federal law.