Missouri Senate

Perfected

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. (Section 26.305)

The act also modifies provisions relating to the State Board of Education.

The act requires the Governor to appoint a teacher representative to the State Board of Education. The teacher representative shall attend all Board meetings and participate in deliberations. However, the teacher representative shall not have the right to vote on any matter or be counted for purposes of establishing a quorum.

The teacher representative shall be an active classroom teacher, as described in the act, and have written support of his or her local school board.

The teacher representative's term shall be for four years and subsequent appointments shall be made in rotation from each Congressional District, beginning with the First Congressional District and continuing in numerical order. In the event of a vacancy in the position of teacher representative, the Governor shall appoint a replacement by and with the advice and consent of the Senate.

The provisions of this section expire on August 28, 2026. (Section 161.026)

The teacher representative shall not participate in closed meetings of the Board. (Section 161.072)

At no time shall more than two members of the Board be classified as "independent". (Section 161.032)

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.

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. (Sections 161.042 and 161.082)

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. (Section 161.052)

This act is similar to SCS/SB 794 (2018), HB 1373 (2018), and HB 67 (2017).

JAMIE ANDREWS