Missouri lawmakers are being asked to force the governor to fill board and commission vacancies quicker.
State government has more than 200 boards and commissions - including groups like the Lincoln and University of Missouri curators, the Highways and Transportation Commission, the Conservation Commission and the numerous boards that regulate various professions in the state.
According to the state's online listing this weekend (at boards.mo.gov), there are nearly 1,350 positions that either currently are vacant, or the people on the boards are serving expired terms.
And, the state says another 25 terms will reach their end-dates within the next 60 days.
"The number of vacancies that we have on these boards is appalling," state Sen. Eric Schmitt, R-Glendale, told the Senate's Rules, Joint Rules, Ethics and Local Government Committee last week.
But having people serving in expired terms is legal under the state's current constitutional and statutory language.
The Missouri Constitution gives the governor the power to appoint "all members of administrative boards and commissions and of all department and division heads, as provided by law."
When a term expires, both the Constitution, for "public officers," and state law, for the governor's appointees to boards and commissions, say that people can remain in their position "until their successors are duly elected or appointed and qualified."
"Qualified" generally means winning the state Senate's approval, because the Constitution requires "all members of administrative boards and commissions, all department and division heads and all other officials appointed by the governor (to) be made only by and with the advice and consent of the Senate" - except where it specifies otherwise.
Lawmakers for several years have complained that Gov. Jay Nixon really has been slow in appointing new people to fill vacancies or expired terms.
For example, Lincoln University's nine-member Board of Curators has six current vacancies or expired terms - with most of the current board members still serving even though their terms have expired.
"In order to address that issue," Schmitt said, "it is my view that we need to have some finality, when a term expires."
He wants state law to limit the governor's appointment of "acting" department or division heads to 30 days before a permanent appointment must be made and presented to the Senate, and he wants a board or commission position to be declared vacant if the previous appointee's term ended 60 days before.
"To have somebody appointed for a four-year term and then serve 10 years is something that has happened" regularly, Schmitt told the committee. "We're trying to address cleaning this thing up.
"There are just way too many expired terms that we're dealing with in this state."
But, veteran lobbyist Sam Licklider testified, Schmitt's plan could have serious, unintended consequences.
Licklider's long-time clients include Missouri's Realtors.
If lawmakers approve Schmitt's proposal and it becomes law, Licklider said, "Unless action is taken - the Missouri Real Estate Commission will, effectively, cease to exist at roughly the end of October."
The commission, which regulates and monitors real estate professionals, currently has five vacant or expired terms, with a sixth one ending next October.
"If there is (only) one member on the Real Estate Commission, obviously they don't have a quorum," Licklider noted.
"They cannot take any action - no matter how egregious a person behaves, they can't do anything.
"There is some question, if we leave it open like that, if they can even re-issue licenses, because licenses are issued in the name of the Real Estate Commission - and I would say that if there are no members on the Real Estate Commission, there is no Real Estate Commission."
Licklider noted the issue is much larger than just the boards and commissions operated by the state's Professional Registration division, even though that was the only agency he testified about.
And, he said, Nixon "is not the only (governor) one who has been somewhat slow in making appointments. The last person who did, with some regularity, was John Ashcroft."
Although not included in last week's committee testimony, lawmakers over the years also have complained that Govs. Mel Carnahan, Bob Holden and Matt Blunt were slow to make appointments.
Nixon spokesman Scott Holste said last week the governor's administration doesn't "have a comment on this pending legislation."
But Nixon has a message at the top of the state boards and commissions page, that says: "I am always looking for qualified, energetic applicants to serve on Missouri's 200-plus boards and commissions. Please spread the word.
"I would greatly appreciate it if you would encourage your colleagues and friends to review the vacancies and complete an application."
Licklider told the Senate Rules committee "it is difficult to get people to serve. It's not an easy job to get the people you want to serve - you probably can find who will serve, but they may not be the best choice."
While agreeing with some of Licklider's comments, Schmitt still said something needs to change.
"It's not the intention to leave these committees in limbo forever," he said.