SB 18 - This act modifies provisions relating to gubernatorial appointments to boards and commissions.
This act requires the Governor to inform the Missouri Senate, in writing, upon any appointment to any state board or commission made while the Senate is not in session. 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. Nothing in the act shall prohibit the Governor from withdrawing an appointee without authorization from the Senate if the appointee is unable to carry out the duties of the office due to physical or mental illness or if the appointee no longer meets the qualifications of the office.
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.
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.
This act is similar to SCS/SB 794 (2018).