Bill Text: MO HB2414 | 2010 | Regular Session | Introduced
Bill Title: Eliminates, combines, and revises certain state boards, commissions, committees, and councils
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-05-14 - Referred: Special Standing Committee on General Laws (H) [HB2414 Detail]
Download: Missouri-2010-HB2414-Introduced.html
SECOND REGULAR SESSION
95TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES HOBBS (Sponsor) AND KUESSNER (Co-sponsor).
5475L.01I D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To repeal sections 8.650, 8.900, 21.475, 21.780, 26.600, 26.603, 26.605, 26.607, 26.609, 26.611, 26.614, 32.250, 32.260, 162.1000, 162.1060, 166.203, 170.250, 190.176, 192.350, 192.352, 192.355, 192.735, 192.737, 192.739, 192.742, 192.745, 199.001, 199.003, 199.007, 199.009, 199.010, 199.029, 199.031, 199.037, 199.039, 199.041, 199.043, 199.051, 207.023, 208.175, 208.195, 208.275, 208.530, 208.533, 208.535, 208.792, 208.955, 210.496, 253.375, 260.370, 260.372, 260.705, 260.720, 260.725, 260.735, 262.217, 286.001, 286.005, 286.200, 286.205, 286.210, 302.136, 304.028, 320.094, 320.205, 324.406, 324.475, 324.478, 324.481, 331.030, 331.070, 334.721, 344.060, 361.070, 361.092, 361.093, 361.094, 361.095, 361.096, 361.097, 361.098, 361.105, 362.040, 362.105, 362.111, 362.325, 369.014, 369.024, 369.144, 369.159, 369.294, 369.299, 369.304, 369.309, 369.314, 369.319, 369.329, 371.060, 371.090, 371.240, 620.638, 620.641, 620.644, 620.647, 620.650, 620.653, 622.055, 622.057, 630.910, 630.915, 632.020, 660.010, and 701.302, RSMo, and to enact in lieu thereof ninety-two new sections relating to the sole purpose of repealing and revising certain state boards, councils, committees, and commissions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 8.650, 8.900, 21.475, 21.780, 26.600, 26.603, 26.605, 26.607, 26.609, 26.611, 26.614, 32.250, 32.260, 162.1000, 162.1060, 166.203, 170.250, 190.176, 192.350, 192.352, 192.355, 192.735, 192.737, 192.739, 192.742, 192.745, 199.001, 199.003, 199.007, 199.009, 199.010, 199.029, 199.031, 199.037, 199.039, 199.041, 199.043, 199.051, 207.023, 208.175, 208.195, 208.275, 208.530, 208.533, 208.535, 208.792, 208.955, 210.496, 253.375, 260.370, 260.372, 260.705, 260.720, 260.725, 260.735, 262.217, 286.001, 286.005, 286.200, 286.205, 286.210, 302.136, 304.028, 320.094, 320.205, 324.406, 324.475, 324.478, 324.481, 331.030, 331.070, 334.721, 344.060, 361.070, 361.092, 361.093, 361.094, 361.095, 361.096, 361.097, 361.098, 361.105, 362.040, 362.105, 362.111, 362.325, 369.014, 369.024, 369.144, 369.159, 369.294, 369.299, 369.304, 369.309, 369.314, 369.319, 369.329, 371.060, 371.090, 371.240, 620.638, 620.641, 620.644, 620.647, 620.650, 620.653, 622.055, 622.057, 630.910, 630.915, 632.020, 660.010, and 701.302, RSMo, are repealed and ninety-two new sections enacted in lieu thereof, to be known as sections 8.650, 8.900, 37.735, 37.740, 37.745, 162.1000, 162.1060, 166.203, 170.250, 190.176, 192.735, 192.737, 192.739, 192.742, 192.745, 199.001, 199.003, 199.007, 199.009, 199.010, 199.029, 199.031, 199.037, 199.039, 199.041, 199.043, 199.051, 207.023, 208.175, 208.275, 208.955, 210.496, 260.370, 260.372, 260.705, 260.720, 260.735, 262.217, 286.001, 286.005, 304.028, 320.094, 320.205, 324.406, 324.475, 324.478, 324.481, 331.030, 331.070, 334.721, 344.060, 361.070, 361.092, 361.093, 361.094, 361.095, 361.096, 361.097, 361.098, 361.105, 362.040, 362.105, 362.111, 362.325, 369.014, 369.024, 369.144, 369.159, 369.294, 369.299, 369.314, 369.329, 371.060, 371.090, 371.240, 620.580, 620.582, 620.584, 620.586, 620.588, 620.590, 620.592, 620.638, 620.641, 620.644, 620.647, 620.650, 620.653, 630.915, 632.020, 660.010, and 1, to read as follows:
8.650. 1. Deviations from the standards set forth in sections 8.620 and 8.622 may be permitted where conformance to such standards is impractical and where the method, material, and dimension used in lieu thereof does not create a hazard.
2. Permission to deviate from the standards set forth in sections 8.620 and 8.622 may be granted only by the commissioner of administration after consulting with the governor's [committee on employment of the handicapped] council on disability established in section [286.200, RSMo] 37.735. Application to deviate from the standards may be submitted by the owner of the building only. Applications shall be submitted in such written forms as the commissioner may require.
3. The commissioner shall maintain a codified listing of all applications received. The listing shall indicate the action taken by the commissioner on each application.
8.900. 1. A permanent memorial for workers who were killed on the job in Missouri or who suffered an on-the-job injury that resulted in a permanent disability shall be established and located on the grounds of the state capitol. [The memorial shall be of a design selected by a competition organized by the "Workers Memorial Committee" which is hereby created. The workers memorial committee shall be composed of the members of the board of public buildings, or their designees, two members of the house of representatives, one from each political party, selected by the speaker of the house, and two members of the senate, one from each political party, selected by the president pro tem of the senate. The members of the committee shall serve without compensation but shall be reimbursed for all actual and necessary expenses incurred in the performance of their official duties for the committee.]
2. There is hereby established in the state treasury the "Workers Memorial Fund". Gifts, grants and devises may be deposited in the workers memorial fund. Notwithstanding the provisions of section 33.080, RSMo, moneys in the fund shall not revert to general revenue. The state treasurer shall invest the moneys from the fund in the same manner as other state funds are invested. Interest accruing to the fund shall be deposited in the fund and shall not be transferred to the general revenue fund.
37.735. 1. The "Governor's Council on Disability" is hereby assigned to the office of administration.
2. The council shall consist of a chairperson, twenty members, and an executive director.
3. The chairperson shall be appointed by the governor with the advice and consent of the senate. The members of the council shall be appointed by the governor. Recruitment and appointment of members to the council shall provide for representation of various ethnic, age, gender, and physical and mental disability groups.
4. The funds necessary for the executive director and such other personnel as necessary shall be appropriated through the office of administration. The executive director shall serve under the supervision of the committee chairman. The executive director shall be exempted from the state merit system.
5. All members shall be appointed for four-year terms. Vacancies occurring in the membership of the council for any reason shall be filled by appointment by the governor for the unexpired term. Upon expiration of their terms, members of the council shall continue to hold office until the appointment and qualification of their successors. No person shall be appointed for more than two consecutive terms, except that a person appointed to fill a vacancy may serve for two additional successive terms. The governor may remove a member for cause.
6. Members of the council shall be chosen to meet the following criteria:
(1) The majority of the council shall be comprised of people with disabilities, representing the various disability groups. The remaining positions shall be filled by family members of people with disabilities, persons who represent other disability-related groups, and other advocates. A person considered to have a disability shall meet the federal definition of disability as defined by P.L. 101-336;
(2) The council shall include at least one member from each congressional district;
(3) Members of the council shall be knowledgeable about disability-related issues and have demonstrated a commitment to full participation of people with disabilities in all aspects of community life.
7. The chairperson of the council shall serve without compensation but shall be reimbursed for actual and necessary travel and other expenses incurred in the performance of the duties as chairperson of the council on disability. The members of the council shall serve without compensation but may be reimbursed for their actual and necessary expenses incurred in attending all meetings provided for by sections 37.735 to 37.745.
8. The council shall meet at least once each calendar quarter to conduct its business. The executive director shall give notice to each member of the time and place of each meeting of the council at least ten days before the scheduled date of the meeting, and notice of any special meeting shall state the specific matters to be considered in the special meeting which is not a regular quarterly meeting.
9. The chairperson, with the advice and consent of the council, shall appoint an executive director who shall serve as a nonvoting member and executive officer of the council. The executive director shall serve under the supervision of the chairperson of the council. The executive director shall be a person who is knowledgeable about disability-related issues and has demonstrated a commitment to full participation of people with disabilities in all aspects of community life.
10. The director of each state department shall designate at least one employee who shall act as a liaison with the council.
37.740. The governor's council on disability shall:
(1) Act in an advisory capacity to all state agencies and have direct input to all divisions of the office of administration on policies and practices which impact people with disabilities. Input shall include policies and practices affecting personnel, purchasing, design and construction of new facilities, facilities management, budget and planning and general services. In the administration of its duties, the governor's council on disability in cooperation with the office of administration shall offer technical assistance to help all departments, divisions and branches of state government comply with applicable state and federal law regarding persons with disabilities;
(2) Work and cooperate with other state commissions, councils or committees pertaining to disabilities and other national, state and local entities to create public policies and encourage system changes which eliminate barriers to people with disabilities;
(3) Advocate for public policies and practices which:
(a) Promote employment of people with disabilities;
(b) Expand opportunities in all aspects of life; and
(c) Promote awareness of and compliance with various federal, state and local laws dealing with disabilities;
(4) Gather input from disability-related organizations and the public on disability-related issues and report the results of this information in council reports to the governor;
(5) Accept grants, private gifts, and bequests, to be used to achieve the purposes of sections 37.735 to 37.745;
(6) Promulgate those bylaws necessary for the efficient operation of the council;
(7) Prepare an annual report to be presented to the governor not later than January first of each year.
37.745. The governor's council on disability may receive funds and property by gift, devise, bequest or otherwise and may solicit funds to be used in carrying out the purposes of sections 37.735 to 37.745.
162.1000. 1. As used in this section, the following terms mean:
(1) "Transition", a coordinated set of activities for a student, designed within an outcome oriented process, which promotes movement to integrated employment, including supported employment, postsecondary education, vocational training, continuing and adult education services, independent living and community participation. The coordinated set of activities shall be based upon the individual student's needs, taking into account the student's preferences and interests, and shall include, but not be limited to, instruction, community experiences, the development of employment and other postschool adult living objectives, and when appropriate, acquisition of daily living skills and functional vocational evaluation;
(2) "Youth with disabilities", any person who is found eligible for special education as defined in federal Public Law 101-476, the Individuals with Disabilities Education Act.
2. The individualized education program required for each student enrolled in special education shall include a statement of the needed transition services for students beginning not later than age sixteen and annually thereafter, and shall include, when appropriate, a statement of interagency responsibility or linkages before the student leaves the school setting.
3. The "Missouri Interagency Council on Transition" is hereby created within the division of special education, and shall be composed of the commissioner of the department of elementary and secondary education, the assistant commissioners of the division of vocational rehabilitation, the division of special education, and the division of vocational and adult education, the director of the department of health and senior services, the director of the division of maternal, child and family health, the director of the department of mental health, the director of the department of social services, the president of the Missouri planning council for developmental disabilities, the chairman of the Missouri [head] brain injury advisory council, the president of the advisory council for comprehensive psychiatric services, the president of the Missouri Association for Rehabilitation Facilities, or their designees, a representative of the governor's [committee on employment of persons with disabilities] council on disability, and seven professionals and consumer representatives with no less than three parents or primary consumers, to be appointed by the governor from names submitted by any interested agency or organization serving individuals with disabilities. At the first meeting a chair shall be selected from the members to serve a term of two years. The council shall meet at least quarterly, and at such other times at the call of the chair.
4. The Missouri interagency council on transition shall:
(1) Gather and coordinate data on transition services for secondary age youth with disabilities;
(2) Provide information, consultation, and technical assistance to state and local agencies and school districts involved in the delivery of services to youth with disabilities who are in transition from school to work or postsecondary transition programs;
(3) Assist state and local agencies and school districts in establishing interagency agreements to assure the necessary transition from school to work or postsecondary training programs;
(4) Conduct an annual statewide assessment of transition needs and postsecondary school outcomes from information supplied by local education agencies and local interagency transition committees;
(5) Assist regions and local areas in planning interagency in-service training to develop and improve transition services.
5. Members of the Missouri interagency council on transition shall receive no compensation for their services while serving on the council; however, members may receive reimbursement for their actual and necessary expenses incurred in the performance of their duties.
6. Beginning on January 1, 1995, and on or before January first of each successive year, the council shall make a written report to the governor and to the general assembly of its activities for the preceding fiscal year. The council's annual report shall include recommendations for administrative and legislative policies and programs to enhance the delivery of transition services and supports.
162.1060. 1. There is hereby established a "Metropolitan Schools Achieving Value in Transfer Corporation", which shall be a public body corporate, for the purpose of implementing an urban voluntary school transfer program within a program area which shall include a city not within a county and any school district located in whole or in part in a county with a population in excess of nine hundred thousand persons which district chooses to participate. The corporation shall be governed by a board of directors consisting of one representative from each school district that participates in the urban voluntary school transfer program selected by the governing body of each such district. The vote of each member of the board shall be weighted proportionately to the percentage of the total of transfer students who attend school in the member's district.
2. (1) The corporation's board of directors shall design and operate an urban voluntary school transfer program for all participating districts. The board shall make provision for transportation of all the students and for payment to school districts for the education of such students. Acceptance of students into the program shall be determined by policies enacted by the corporation's board of directors, provided that first preference for acceptance of students shall be granted to students currently attending a district other than the district of residence pursuant to a voluntary transfer program established pursuant to federal desegregation order, decree or agreement. All provisions of this section shall be subject to a settlement incorporated into a final judgment, provided that the financial provisions of this section shall not be superseded by such settlement.
(2) Each district, other than a metropolitan school district, participating in an urban voluntary school transfer program shall place before voters in the district a proposal to continue participation in the urban voluntary school transfer program at the April election during the sixth year of operation of the program. Unless a majority of district voters voting thereon votes to continue participation in the program, each district, other than a metropolitan school district, shall file a plan, no later than the end of the seventh year of the operation of the program, for phase-out of the district's participation in the program, and such plan shall be provided to the state board of education, the transitional school district and the board of directors of the corporation. Each such plan shall provide for elimination of transfers to the district pursuant to this section no later than the following schedule:
(a) The ninth year of the program for grades one through three;
(b) The tenth year of the program for grades four through six;
(c) The eleventh year of the program for grades seven through nine; and
(d) The twelfth year of the program for grades ten through twelve.
3. (1) Other provisions of law to the contrary notwithstanding, each student participating in the program shall be considered an eligible pupil of the district of residence for the purpose of distributing state aid, except that students attending school in a metropolitan school district in a program established pursuant to this section shall be considered eligible pupils of the district attended, and provided that the department shall determine the increased state aid eligibility created by including pupils attending school in a program established pursuant to this section as eligible pupils of the district of residence and shall distribute the full amount of such state aid to the metropolitan schools achieving value in transfer corporation and shall not distribute state aid on the basis of such pupils to the district of residence.
(2) For each student participating in the program, the corporation shall receive the total of all state and federal aid that would otherwise be paid to the student's district of residence, including, but not limited to, state aid provided pursuant to section 148.360, RSMo, section 149.015, RSMo, and sections 163.031 and 163.087, RSMo. The corporation shall pay a school district that receives a nonresident student from the funds of the corporation in accordance with the provisions of this section and agreements between the corporation and the participating school districts.
4. (1) In each of the first two fiscal years, the corporation shall also receive a payment of twenty-five million dollars.
(2) For the third year of operation and thereafter, the corporation shall receive transportation state aid, for each student that participates in the program, which shall be in the same amount and on the same basis as would be received by the student's district of residence if the student were attending a school in the attendance zone in the student's district of residence, provided that such reimbursement shall not exceed one hundred fifty-five percent of the statewide average per pupil cost for transportation for the second preceding school year.
(3) Funds received by the corporation pursuant to this subsection may be used for any purpose and need not be expended in the year received.
5. The corporation created herein shall have all powers of a public body corporate, except that it shall have no paid employees. The corporation, by contract with any public entity, school district, or private entity, may retain the services of a fiscal agent, make provisions for accounting, transportation management, or other assistance that the corporation may need to carry out its functions, except that no contractor or employee of any contractor acting in a policy-making function shall have ever have been a contractor or employee of the voluntary interdistrict coordinating council or any other program established by the federal district court; except that this restriction shall not apply to transportation contractors or their employees. When a school district located in whole or in part in a county with a population in excess of nine hundred thousand persons ceases to participate in the urban public school transfer program, its representative shall be removed from the corporation's board of directors. When none of the students who reside in a school district in a city not within a county opt to participate in the program, the school district's representative shall be removed from the board of directors. When all of the school districts have ended their participation in the program, in accordance with this subsection, the corporation's operations shall cease, and any funds of the corporation remaining shall be paid to the state of Missouri to the credit of the general revenue fund, except such amounts as the commissioner of education shall determine should be paid to particular school districts under the regulations applicable to federal programs or returned to the federal government.
6. All funds received by the corporation shall become funds of the corporation and paid for the purposes set forth in this section and in accordance with agreements entered into between the corporation and participating school districts and other entities, provided that funds received for particular purposes, under federal or state categorical programs benefiting individual students, shall be paid to the district or entity providing services to the students entitled to such services. The proportionate share of federal and state resources generated by students with disabilities, or the staff serving them, shall be paid to the district where the child is attending school, unless the district of residence is required by law to provide such services to the individual students, except that a special school district containing the district where the child is attending school shall be paid for all unreimbursed expenses for special education services provided to students with disabilities. Funds held by the corporation at the close of a fiscal year may be carried over and utilized by the corporation in subsequent fiscal years for the purposes set forth in this section.
7. The board of directors may establish regional attendance zones which map the regions of a district in a city not within a county to corresponding recipient districts within the remainder of the program area. In establishing the regional attendance zones, the board of directors may solicit comments and suggestions from residents of the program area and may adopt one or more regional attendance zones previously established in the program area pursuant to a federal court desegregation order, decree or agreement.
[8. No later than four years following the date an urban public school transfer program is begun pursuant to this section in a program area, the senate and the house of representatives shall establish a "Joint Committee on Urban Voluntary School Transfer Programs", composed of five members of the senate, appointed by the president pro tem of the senate, and five members of the house of representatives, appointed by the speaker of the house. Not more than three members appointed by the president pro tem and not more than three members appointed by the speaker of the house shall be from the same political party.
9. The joint committee may meet as necessary and hold hearings and conduct investigations as it deems advisable. No later than five years following the date an urban voluntary school transfer program is begun pursuant to this section in a program area, the committee shall review and monitor the status of any urban voluntary school transfer program established pursuant to this section and make any recommendations the committee deems necessary to the general assembly regarding such program or programs, which may include proposed changes to the program and recommendations regarding the continuation of the program. The members shall receive no additional compensation, other than reimbursement for their actual and necessary expenses incurred in the performance of their duties. The staff of the committee on legislative research, house research, and senate research shall provide necessary clerical, research, fiscal and legal services to the committee, as the committee may request.
10. No later than nine years following the date an urban public school transfer program is begun pursuant to this section in a program area, the joint committee on urban voluntary school transfer programs shall be reestablished in the form specified in subsection 8 of this section and pursuant to the same provisions for reimbursement of expenses and staff support as specified in subsection 9 of this section. No later than ten years following the date an urban voluntary school transfer program is begun pursuant to this section in a program area, the committee shall review and monitor the status of any urban voluntary school transfer program established pursuant to this section and make any recommendations the committee deems necessary to the general assembly regarding such program or programs.]
166.203. 1. There is hereby created the "Missouri Access to Higher Education Trust", which shall be a body corporate and politic. The trust shall be located within the state office of administration, but shall exercise its prescribed powers, duties, and functions independently. The trust shall be governed by a board of directors which shall consist of [ten] eight members with knowledge, skill, and experience in the academic, business, or financial field appointed by the governor, by and with the advice and consent of the senate. Not more than three members of the board shall be, during their term of office on the board, either officials, appointees, or employees of this state, except that at least one member shall be appointed from a minority group. Of the remaining [seven] five members appointed by the governor, [one shall be appointed from a nominee of the speaker of the house of representatives, one shall be appointed from a nominee of the president pro tem of the senate,] one shall be a president of a public four-year college or university, one shall be a president or chancellor of a public community college, one shall represent the interests of Missouri independent degree-granting colleges and universities, and one shall be the commissioner of higher education. Of these remaining [seven] five members, at least one shall be a member of a minority group. Members shall be appointed for a term of three years; except that, of the members first appointed, three shall be appointed for a term of one year, three shall be appointed for a term of two years, and four shall be appointed for a term of three years. A member shall serve until a successor is appointed and qualified, and a vacancy shall be filled for the balance of the unexpired term in the same manner as the original appointment. The governor shall designate one member as chairperson. The governor shall also designate one member as the president and chief executive officer of the trust and one member as the vice president of the trust. Members of the board, other than the president and vice president if they are not otherwise employees of the state, shall receive no compensation, but shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties.
2. The board may delegate to its president, vice president, or other member such functions and authority as the board considers necessary or appropriate. These functions may include, but are not limited to, the oversight and supervision of employees of the trust.
3. A majority of the members of the board serving shall constitute a quorum for the transaction of business at a meeting of the board, or the exercise of a power or function of the trust, notwithstanding the existence of one or more vacancies. Voting upon action taken by the board shall be conducted by majority vote of the members present at a meeting of the board, and, if authorized by the bylaws of the board and when a quorum is present in person at the meeting, by use of amplified telephonic equipment. The board shall meet at the call of the chair and as may be provided in the bylaws of the trust. Meetings of the board may be held anywhere within the state.
170.250. 1. The "Video Instructional Development and Educational Opportunity Program" is established to encourage all educational institutions in Missouri to supplement educational opportunities through telecommunications technology and satellite broadcast instruction. The program established by this section is to be administered by the state board of education. The program shall consist of:
(1) Grants to local school districts, state-supported institutions of higher education and public television stations as defined in section [37.205] 185.205, RSMo, for equipment and instruction;
(2) Instructional programs developed pursuant to this section and transmitted through the airwaves, over telephone lines, or by cable television which are available for all residents of this state without charge as defined in this section; and
(3) Instructional programs developed pursuant to this section which are available to any subscriber according to this section.
2. The "Video Instructional Development and Educational Opportunity Fund" is established in the state treasury and shall be administered by the department of elementary and secondary education at the direction of the state board of education. Moneys deposited in the fund shall consist of revenues generated from state sales and use tax revenues as provided in chapter 144, RSMo, on the rental of films, records or any type of sound or picture transcriptions as provided in subsection 3 of this section and shall include four million dollars transferred to the fund annually. Moneys in the fund shall be used solely for purposes established by this section.
3. Within the department of elementary and secondary education, there is established an advisory committee which shall make recommendations to the state board of education on the grant program. The committee shall be composed of [twenty-nine] twenty-five members. The members of the committee shall consist of one representative of public television stations as defined in section [37.205] 185.205, RSMo, and one representative of the cable television industry appointed by the state board of education, one representative of public television stations as defined in section [37.205] 185.205, RSMo, and one representative of the cable television industry appointed by the coordinating board for higher education, three classroom teachers from the elementary and secondary level appointed by the state board of education, three school administrators of elementary or secondary schools appointed by the state board of education, three members of school boards of local public school districts appointed by the state board of education, four representatives from public community college districts appointed by the coordinating board for higher education, four representatives of state-supported institutions of higher education other than community colleges appointed by the coordinating board for higher education, one representative of the regional consortium for education and technology appointed by the state board of education, one representative of the cooperating school districts of the St. Louis suburban area appointed by the state board of education, and two representatives of the public appointed by the governor with the advice and consent of the senate[, two members of the senate appointed by the senate president pro tem and two members of the house of representatives appointed by the speaker of the house of representatives]. Of all members appointed by the state board of education, no more than four shall be from any one congressional district and of all the members appointed by the coordinating board for higher education, no more than four shall be from any one congressional district. The members of the committee shall serve three-year terms and shall not serve more than two terms consecutively. However, committee members having served two consecutive terms may be reappointed after leaving the committee for at least one three-year term. On August 28, 1992, the committee shall designate nine of its members to serve a term of one year, ten of its members to serve a term of two years, and ten of its members to serve a term of three years. All subsequent appointments shall be for three years. All members shall receive no compensation for their services, but shall be reimbursed for the actual and necessary expenses incurred while serving on the committee out of funds appropriated for that purpose. The committee shall meet at least quarterly and shall annually issue a report together with its recommendations to the state board of education and the general assembly. The provisions of this subsection shall expire on December 31, 2013.
4. The state board of education may cooperate with existing programs including the University of Missouri, other institutions of higher education, the cooperating school districts of the St. Louis suburban area, or its successor organization, the regional consortium for education and technology or its successor organization, and any statewide organization of public school governing boards and may delegate or contract for the performance or operation of the respective grant programs. The state board of education shall establish appropriate guidelines for participation by the aforementioned entities and by school districts, community college districts, and public television stations as defined in section [37.205] 185.205, RSMo, in the grant program. Such guidelines shall include application procedures and shall establish policies for awarding grants in the event that more grant applications are received than are funds available to honor the applications in any fiscal year. In allocating funds to applicants, the state board of education may give due consideration to revenues available from all other sources. The state board of education shall accredit courses offered through this program at the elementary and secondary education level. The coordinating board for higher education shall approve courses taught at the postsecondary level.
5. In any fiscal year, moneys in the fund shall be used first to ensure that any and all school districts, community college districts and state institutions of higher education seeking aid under this program shall receive telecommunications equipment including computers and modems necessary to participate in the satellite learning process or instructional television video; second to provide the school districts, community college districts and state institutions of higher education with access to subjects at the advanced level or the remedial level or which are not taught in the schools of the district or the service area or campus, which subjects shall include courses in continuing education necessary for maintenance or renewal of licenses for all such licensed health care providers; and third to provide enrichment classes for all pupils of the district. However, the state board of education may set aside a portion of the funds to be used to contract with state-supported institutions of higher education and public television stations as defined in section [37.205] 185.205, RSMo, to develop instructional programs for grades kindergarten through twelve and for undergraduate and graduate course work suitable for broadcast to the school districts, community college districts and state institutions of higher education as appropriate and to develop the capability to transmit programs cited in this section.
6. Participation by a local school district, a community college district or a state institution of higher education in the program established by this section shall be voluntary. No school district, community college district or state institution of higher education receiving funds under this program shall use those funds for any purpose other than that for which they were intended. Any school district, community college district or state institution of higher education shall be eligible to receive funds under this program regardless of its curriculum, local wealth or previous contractual arrangements to receive satellite broadcast instruction.
7. The office of administration on behalf of the state of Missouri may contract with institutions of higher education for the development or operation or both of state employee training programs transmitted by telecommunications technology.
8. Instructional programs developed pursuant to this section which are transmitted one way through the airwaves or by cable television shall be available to all residents of this state without charge or fee to the extent permitted by the Missouri Constitution. "Without charge or fee" shall not require the providing of equipment to transmit or receive telecommunications instruction or the providing of commercial cable television service. If the instructional program involves two-way, interactive communication between the instructor and the participant, the district or institution operating the program may prescribe academic prerequisites and limit the number of persons who may enroll in the specific program and give preference to residents of the district or institutional attendance area who are age twenty-one or younger but shall not discriminate against any resident on any other basis. A fee may be charged which shall be paid directly by the individual participant, but the fee shall be equal for all participants. If a subscription fee is charged by the originator of the program, the district or institution may pay the subscription fee for all participants from the grant pursuant to this section or from any other public or private fund legally authorized to be used for this purpose. Printed materials designed to facilitate or complement telecommunications programs or electronic reproductions thereof may be made available for loan by the school district, community college or institution of higher education through the public library system subject to the normal rules and regulations of the lending system and in such quantities as may be approved by the governing body of the district or institution. Instructional programs which involve two-way, interactive communication between the instructor and the participant shall also be available to any not-for-profit organization in this state which is exempt from taxation pursuant to subdivision (19) of subsection 2 of section 144.030, RSMo, upon payment of a reasonable subscription fee as determined by the state board of education. Such fees shall be set on a per-participant, per-course basis. The district or institution or the state board of education may make telecommunication equipment available for purchase at cost by or rental to any not-for-profit organization in this state which is exempt from taxation pursuant to subdivision (19) of subsection 2 of section 144.030, RSMo.
9. (1) In order to facilitate or complement telecommunications, local exchange telecommunications companies shall file with the public service commission tariffs for provision of local service to public school districts, and may file tariffs for provision of local service to accredited primary or secondary schools owned or operated by private entities and community college districts located within the local exchange telecommunications companies certified area. Such local exchange telecommunications companies shall seek commission authorization to provide local service at rates lower than those charged for business and residential service in effect when the tariff is filed, provided that the proposed rates may not be below the actual cost of providing the service. Upon approval of the public service commission, the rates shall not be classified as discriminatory for the purposes of chapter 392, RSMo.
(2) The public service commission may approve the tariff as submitted, or may, after hearing, modify the tariff in the public interest. The commission may promulgate rules to aid in the implementation of this section.
190.176. 1. The department shall develop and administer a uniform data collection system on all ambulance runs and injured patients, pursuant to rules promulgated by the department for the purpose of injury etiology, patient care outcome, injury and disease prevention and research purposes. The department shall not require disclosure by hospitals of data elements pursuant to this section unless those data elements are required by a federal agency or were submitted to the department as of January 1, 1998, pursuant to:
(1) Departmental regulation of trauma centers; or
(2) The Missouri [head] brain and spinal cord injury registry established by sections 192.735 to 192.745, RSMo; or
(3) Abstracts of inpatient hospital data; or
(4) If such data elements are requested by a lawful subpoena or subpoena duces tecum. 2. All information and documents in any civil action, otherwise discoverable, may be obtained from any person or entity providing information pursuant to the provisions of sections 190.001 to 190.245.
192.735. As used in sections 192.735 to 192.745, unless the context clearly indicates otherwise, the following terms shall mean:
(1) ["Department", the department of health and senior services;
(2) "Head] "Brain injury" or "traumatic [head] brain injury", a sudden insult or damage to the brain or its coverings, not of a degenerative nature. Such insult or damage may produce an altered state of consciousness and may result in a decrease of one or more of the following: mental, cognitive, behavioral or physical functioning resulting in partial or total disability. Cerebral vascular accidents, aneurisms and congenital deficits are specifically excluded from this definition;
(2) "Department", the department of health and senior services;
(3) "Spinal cord injury", an injury that occurs as a result of trauma, which may involve spinal vertebral fracture, and where the injured person suffers two or more of the following effects either immediately or within forty-eight hours of injury:
(a) Effects on the sensory system including numbness, tingling or loss of sensation in the body or in one or more extremities;
(b) Effects on the motor system including weakness or paralysis in one or more extremities;
(c) Effects on the visceral system including bowel or bladder dysfunction or hypotension.
192.737. 1. The department of health and senior services shall establish and maintain an information registry and reporting system for the purpose of data collection and needs assessment of [head] brain and spinal cord injured persons in this state.
2. Reports of traumatic [head] brain and spinal cord injuries shall be filed with the department by a treating physician or his designee within seven days of identification. The attending physician of any patient with traumatic [head] brain or spinal cord injury who is in the hospital shall provide in writing to the chief administrative officer the information required to be reported by this section. The chief administrative officer of the hospital shall then have the duty to submit the required reports.
3. Reporting forms and the manner in which the information is to be reported shall be provided by the department. Such reports shall include, but shall not be limited to, the following information: name, age, and residence of the injured person, the date and cause of the injury, the initial diagnosis and such other information as required by the department.
192.739. 1. All reports and records made pursuant to sections 192.735 to 192.744 and maintained by the department and other appropriate persons, officials and institutions pursuant to sections 192.735 to 192.744 shall be confidential. Information shall not be made available to any individual or institution except to:
(1) Appropriate staff of the department;
(2) Any person engaged in a bona fide research project, with the permission of the director of the department, except that no information identifying the subjects of the reports or the reporters shall be made available to researchers unless the department requests and receives consent for such release pursuant to the provisions of this section;
(3) The Missouri [head] brain injury advisory council, except that no information identifying the subjects of the reports or the reporters shall be made available to the council unless consent for release is requested and received pursuant to the provisions of this section. Only information pertaining to [head] brain injuries as defined in section 192.735 shall be released to the council.
2. The department shall not reveal the identity of a patient, a reporting physician or hospital, except that the identity of the patient may be released upon written consent of the patient, parent or guardian, the identity of the physician may be released upon written consent of the physician, and the identity of the hospital may be released upon written consent of the hospital.
3. The department shall request consent for release from a patient, a reporting physician or hospital only upon a showing by the applicant for such release that obtaining the identities of certain patients, physicians or hospitals is necessary for his research.
4. The department shall at least annually compile a report of the data accumulated through the reporting system established under section 192.737 and shall submit such data relating to [head] brain injuries as defined in section 192.735 and in accordance with confidentiality restrictions established pursuant to sections 192.735 to 192.744 to the director of the Missouri [head] brain injury advisory council.
192.742. The department, in consultation with the Missouri [head] brain injury advisory council, shall promulgate rules and regulations necessary to carry out the provisions of sections 192.735 to 192.744, pursuant to the provisions of section 192.006 and chapter 536, RSMo.
192.745. 1. The "Missouri [Head] Brain Injury Advisory Council" is hereby established [as created by executive order of the governor on March 5, 1985] in the department of health and senior services. [The council shall consist of twenty-five members.] The members of the council that are serving on [August 13, 1986] February 2, 2005, shall continue [serving on the following basis: the two members of the council who are members of the house of representatives and appointed by the speaker of the house of representatives shall serve for the remainder of their terms; the two members of the council who are members of the senate appointed by the president pro tempore of the senate shall serve for the remainder of their terms; and the remaining twenty-one members shall determine by lot which seven are to have a one-year term, which seven are to have a two-year term, and which seven are to have a three-year term] to fulfill their current terms. Through attrition, the council shall decrease from the present twenty-five members to fifteen members. Thereafter, the successors to each of these [twenty-one] members shall serve a three-year term and until the member's successor is appointed by the governor with the advice and consent of the senate. [In addition, two members who are members of the house of representatives shall be appointed by the speaker of the house and two members who are members of the senate shall be appointed by the president pro tempore of the senate.] The members appointed by the governor shall [represent] include: four people with [head] brain injuries[,] or relatives of persons with [head] brain injuries, [proprietary schools as defined in section 173.600, RSMo,] and eleven other individuals from professional groups, health institutions, [or] community groups, and private industry [and state agencies which administer programs regarding mental health, education, public health, public safety, insurance, and Medicaid. The appointment of individuals representing state agencies shall be conditioned on their continued employment with their respective agencies]. In addition to the fifteen council members, individuals representing state agencies with services that impact brain injury survivors and their families shall participate on the council in an ex officio non-voting capacity. These individuals shall be appointed by the respective agency.
2. The Missouri [head] brain injury advisory council is assigned to the [division of general services in the office of administration] department of health and senior services. The [office of administration] department shall submit estimates of requirements for appropriations on behalf of the council for the necessary staff and expenses to carry out the duties and responsibilities assigned by the council. [Such staff shall consist of a director and other support staff.]
3. Meetings of the full council shall be held at least [every ninety days] four times a year or at the call of the council chairperson, who shall be elected by the council. Subcommittees may meet on an as needed basis.
4. [Each member shall, subject to appropriations, be reimbursed for reasonable and necessary expenses actually incurred in the performance of the member's official duties.] Members of the council shall not receive any compensation for their services, but they shall, subject to appropriations, be reimbursed for actual and necessary expenses incurred in the performance of their duties from funds appropriated for this purpose.
5. The council shall adopt written procedures to govern its activities. [Staff and consultants shall be provided for the council from appropriations requested by the commissioner of the office of administration for such purpose.]
6. The council, under the direction of the department, shall make recommendations to the [governor] department director for developing and administering a state plan to provide services for [head] brain injured persons.
7. No member of the council may participate in or seek to influence a decision or vote of the council if the member would be directly involved with the matter or if the member would derive income from it. A violation of the prohibition contained herein shall be grounds for a person to be removed as a member of the council by the [governor] department director.
8. The council shall be advisory and shall:
(1) Promote meetings and programs for the discussion of reducing the debilitating effects of [head] brain injuries and disseminate information in cooperation with any other department, agency or entity on the prevention, evaluation, care, treatment and rehabilitation of persons affected by [head] brain injuries;
(2) Study and review current prevention, evaluation, care, treatment and rehabilitation technologies and recommend appropriate preparation, training, retraining and distribution of manpower and resources in the provision of services to [head-injured] brain-injured persons through private and public residential facilities, day programs and other specialized services;
(3) Recommend [what] specific methods, means and procedures [should be adopted] to improve and upgrade the state's service delivery system for [head-injured] brain-injured citizens of this state;
(4) Participate in developing and disseminating criteria and standards which may be required for future funding or licensing of facilities, day programs and other specialized services for [head-injured] brain-injured persons in this state;
(5) Report annually to the [commissioner of administration, the governor, and the general assembly] department director on its activities, and on the results of its studies and the recommendations of the council.
9. The [office of administration] department may accept on behalf of the council federal funds, gifts and donations from individuals, private organizations and foundations, and any other funds that may become available.
199.001. As used in sections 199.001 to 199.055, the following terms mean:
(1) ["Division", the division of injury prevention, head injury rehabilitation and local health services of the department of health and senior services;
(2) "Head] "Brain injury", includes [head] brain injury[,] and traumatic [head] brain injury[, and spinal cord injury] as defined in section 192.735, RSMo;
(2) "Department", the department of health and senior services' adult brain injury program;
(3) "Injury or trauma", any unintentional or intentional damage to the body resulting from acute exposure to thermal, mechanical, electrical, or chemical energy or from the absence of such essentials as heat or oxygen;
(4) "Rehabilitation", a comprehensive series of interventions for physical, medical, cognitive and psychological disabilities designed to restore a person to his maximum functional potential.
199.003. 1. [The "Division of Injury Prevention, Head Injury Rehabilitation and Local Health Services" is hereby created and shall be a division of the department of health and senior services.] The [division] department shall have the responsibility, subject to appropriations, of ensuring that injury prevention and [head] brain injury rehabilitation evaluation, [case management] service coordination, treatment, rehabilitation, and community support services are accessible, wherever possible. [The division shall have and exercise supervision of division rehabilitation facilities, residential programs and specialized services operated by the division and oversight of facilities, programs and services funded by the division. The division may also plan for prevention, treatment, rehabilitation and care, including hospice, for persons with other diseases as determined by the general assembly by appropriations. The division shall also have responsibilities for the support, development, and coordination of local health services.]
2. The powers, functions and duties of the [division] department shall include the following:
(1) [Provision of funds for] Planning and implementing, in cooperation with the Missouri [head] brain injury advisory council [and implementation of] , accessible programs to [rehabilitate and care for] promote rehabilitation and community reintegration of persons with [head injuries, injury prevention and research] brain injuries;
(2) Provision of technical assistance and training to community-based programs [and assistance and cooperation to programs of political subdivisions designed to assist in planning and implementing quality services] assisting persons with brain injuries;
(3) Assurance of [program] quality [in compliance with such appropriate standards for residential facilities, day programs, and specialized programs as may be established by the division] for brain injury services funded by the department;
(4) Sponsorship and encouragement of research into the causes, effects, prevention, treatment and rehabilitation of injuries and appropriateness and cost and benefit effectiveness of [head] brain injury rehabilitation, residential programs and specialized services;
(5) Provision of public information relating to injury prevention and [head] brain injury treatment and rehabilitation;
(6) Cooperation with nonstate governmental agencies and [the] private sector [in establishing, conducting, integrating and coordinating] programs and projects relating to injury prevention and [head] brain injury treatment and rehabilitation;
(7) [Review and oversight of those portions of the department's annual budget which are directed for injury prevention and head injury services;
(8) Encouragement of the utilization, support, assistance and dedication of volunteers to assist persons affected by head injuries to be accepted and integrated into normal community activities;
(9) Support, development, and coordination of local health services, which shall include but shall not be limited to:
(a) Professional resources and staff development;
(b) Services assessment and coordination;
(c) Standards development, implementation and quality assurance;
(d) Provision of basic public health services in areas not served by local public health agencies;
(e) Fiscal resources and management;
(f) Technical assistance; and
(g) Assistance with public health problems, emergencies and conditions] Receiving federal grants and aids for injury prevention and for persons with brain injuries and brain injury rehabilitation under the terms of the grants and aids and administering or paying them out. The director shall approve such applications for federal assistance administered through the department as may be considered advisable in consultation with the Missouri brain injury advisory council;
(8) Promulgating rules under the provisions of this section, as necessary to prescribe policies or standards which affect charging and funding of adult brain injury rehabilitation services. The rules applicable to each program or service operated or funded by the department shall be available for public inspection and review at such program or service. The rules and policies shall be compatible with and appropriate to the program mission, population served, size, type of service, and other reasonable classifications;
(9) Promulgating reasonable rules relative to the implementation of participant rights described in sections 199.001 to 199.051;
(10) Promulgating rules setting forth a reasonable standard means test which shall be applied to all programs and services funded by the department in determining eligibility for such services.
3. Any rule or portion of a rule, as that term is defined in section 536.010 that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536, and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2010, shall be invalid and void.
199.007. The Missouri [head] brain injury advisory council, created by section 192.745, RSMo, shall act as the advisory body to the [division and the division] department and department director. Any power or function of the [division] department requiring planning activities shall be undertaken with the direct input and cooperation of the advisory council. The [division] department shall not undertake or duplicate any activity or function of the council under the provisions of section 192.745, RSMo.
199.009. 1. The [division] department may provide injury prevention, and [head] brain injury evaluation, care, treatment, rehabilitation and such related services directly or through contracts from private and public vendors in this state, the quality of the services being equal, appropriate and consistent with professional advice in the least restrictive environment and as close to an individual's home community as possible, with funds appropriated for this purpose. 2. If it is determined through a comprehensive evaluation that a person [is suffering from a head] has a traumatic brain injury so as to require the coordination of provision of services, including other state governmental agencies, nongovernmental and the private sector, and if such person, such person's parent, if the person is a minor, or legal guardian, so requests, the [division] department shall, within the limits of available resources and subject to relevant federal and state laws, secure a comprehensive program of any necessary services for such person. Such services may include, but need not be limited to, the following:
(1) Assessment and evaluation;
(2) [Case management] Service coordination;
(3) Counseling;
(4) Respite care;
(5) Recreation;
(6) Rehabilitation;
(7) Cognitive retraining;
(8) Prevocational rehabilitation;
(9) Residential care;
(10) Homemaker services;
(11) Day activity programs;
(12) Supported living;
(13) Referral to appropriate services;
(14) Transportation;
(15) Supported work, if provided by the department, shall be directed toward preparation for education or vocational achievement, independent living, and community participation. Long-term needs shall be identified and efforts made to link participants with appropriate resources.
3. In securing the comprehensive program of services, the [division] department shall involve the [patient] participant, his or her family or his or her legal guardian in decisions affecting his or her care, rehabilitation, services or referral. The quality of the services being equal, appropriate and consistent with professional advice, services shall be offered in the least restrictive environment and as close to an individual's home community as possible.
4. In accordance with state and federal law, no service or program operated or funded by the department shall deny admission or other services to any person because of the person's race, sex, creed, marital status, national origin, handicap, or age.
199.010. The curators of the University of Missouri shall provide for the care of persons needing [head] brain injury and other rehabilitation and further, for the treatment and commitment of persons having tuberculosis subject to appropriation by the general assembly.
199.029. 1. The [division] department shall promulgate rules under the provisions of this section and chapter 536, RSMo, as necessary to prescribe policies or standards which affect charging and funding of residential care rehabilitation programs and specialized services for persons with [head] brain injuries available to the public. The rules applicable to each facility, program or service operated or funded by the [division] department shall be available for public inspection and review at such facility, program or service. These rules shall not apply to facilities, programs or services operated or provided by curators of the University of Missouri. 2. The rules, operating regulations and facility policies shall be compatible with and appropriate to the facility or program mission, population served, size, type of service and other reasonable classifications. No rule or portion of a rule promulgated under the authority of this chapter shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo.
199.031. 1. The [division] department may receive federal grants and aids for injury prevention and for persons with [head] brain injuries and [head] brain injury rehabilitation under the terms of the grants and aids and administer or pay them out subject to the provisions attached.
2. The director shall approve such applications for federal assistance administered through the [division] department as may be considered advisable after consultation with the Missouri [head] brain injury advisory council.
199.037. The director of the [division] department shall promulgate reasonable rules relative to the implementation of patient rights described in sections 199.001 to [199.055] 199.051. These rules shall not apply to facilities, programs or services operated or provided by the curators of the University of Missouri.
199.039. The director of the [division] department shall promulgate rules setting forth a reasonable standard means test which shall be applied to all facilities, programs and services operated or funded by the [division] department in determining the amount to be charged to persons receiving services. Notwithstanding other provisions of sections 199.001 to [199.055] 199.051, the department shall accept funds from federal reimbursement, third-party reimbursement, private pay or other funding sources.
199.041. 1. Any probate division of the circuit court having knowledge of the existence of an estate of a patient receiving services from residential facilities or other programs operated or funded by the [division] department shall promptly notify the director of the nature and extent of the estate and the identity of the attorney of record and conservator. The director shall then apply the standard means test contained in the rules of the [division] department to determine if the estate shall be charged for services rendered by the [division] department.
2. If the director determines that the estate should be charged for the evaluation, care, treatment, rehabilitation or room and board provided or funded by the [division] department, and notifies the conservator, the conservator shall pay the charges. If the conservator fails to pay for the charges, after reasonable delay, the head of the [division] department, residential facility or day program may discharge the patient.
3. The decision of the director shall be final, and appeal may be made to the circuit court of Cole County or the county where the person responsible for payment resides in the manner provided by chapter 536, RSMo. The director shall notify the conservator and the supervising court of such failure to pay for services rendered by a facility or program operated or funded by the [division] department at least thirty days before the patient is discharged. If the conservator appeals the decision of the director, the patient shall remain in the facility or program pending final disposition of the appeal.
199.043. In accordance with state and federal law, no residential facility, day program or specialized service operated or funded by the [division] department shall deny admission or other services to any person because of his race, sex, creed, marital status, national origin, handicap or age.
199.051. The [division] department may inspect any facility or program at any time if a contract has been issued or an application for a contract has been filed.
207.023. The division of family services within the department of social services, with input from the Missouri community service commission created in sections [26.600 to 26.614, RSMo] 620.580 to 620.592, shall promulgate rules providing standards and procedures for community service participation by persons receiving services from the division of family services. In order to be eligible to receive services from the division of family services, a person shall satisfy the requirements of the rules promulgated under this section regarding community service participation.
208.175. 1. The "Drug Utilization Review Board" is hereby established within the [division of medical services] MO HealthNet division and shall be composed of the following health care professionals who shall be appointed by the governor [not later than October 1, 1992,] and whose appointment shall be subject to the advice and consent of the senate:
(1) Six physicians who shall include:
(a) Three physicians who hold the doctor of medicine degree and are active in medical practice;
(b) Two physicians who hold the doctor of osteopathy degree and are active in medical practice; and
(c) One physician who holds the doctor of medicine or the doctor of osteopathy degree and is active in the practice of psychiatry;
(2) Six actively practicing pharmacists who shall include:
(a) Three pharmacists who hold bachelor of science degrees in pharmacy and are active as retail or patient care pharmacists;
(b) Two pharmacists who hold advanced clinical degrees in pharmacy and are active in the practice of pharmaceutical therapy and clinical pharmaceutical management; and
(c) One pharmacist who holds either a bachelor of science degree in pharmacy or an advanced clinical degree in pharmacy and is employed by a pharmaceutical manufacturer of Medicaid-approved formulary drugs; and
(3) One certified medical quality assurance registered nurse with an advanced degree. 2. The membership of the drug utilization review board shall include health care professionals who have recognized knowledge and expertise in one or more of the following:
(1) The clinically appropriate prescribing of covered outpatient drugs;
(2) The clinically appropriate dispensing and monitoring of covered outpatient drugs;
(3) Drug use review, evaluation and intervention;
(4) Medical quality assurance.
3. A chairperson shall be elected by the board members [at their first meeting, which shall take place not later than November 1, 1992]. The board shall meet at least once every ninety days. A quorum of eight members, including no fewer than three physicians and three pharmacists, shall be required for the board to act in its official capacity.
4. Members appointed pursuant to subsection 1 of this section shall serve four-year terms, except that of the original members, four shall be appointed for a term of two years, four shall be appointed for a term of three years and five shall be appointed for a term of four years. Members may be reappointed.
5. The members of the drug utilization review board or any regional advisory committee shall receive no compensation for their services other than reasonable expenses actually incurred in the performance of their official duties.
6. The drug utilization review board shall, either directly or through contracts between the [division of medical services] MO HealthNet division and accredited health care educational institutions, state medical societies or state pharmacist associations or societies or other appropriate organizations, provide for educational outreach programs to educate practitioners on common drug therapy problems with the aim of improving prescribing and dispensing practices.
7. The drug utilization review board shall monitor drug usage and prescribing practices in the Medicaid program. The board shall conduct its activities in accordance with the requirements of subsection (g) of section 4401 of the Omnibus Budget Reconciliation Act of 1990 (P.L. 101-508). The board shall publish an educational newsletter to Missouri Medicaid providers as to its considered opinion of the proper usage of the Medicaid formulary. It shall advise providers of inappropriate drug utilization when it deems it appropriate to do so.
8. The drug utilization review board may provide advice on guidelines, policies, and procedures necessary to establish and maintain the Missouri Rx plan.
9. Office space and support personnel shall be provided by the division of medical services.
[9.] 10. Subject to appropriations made specifically for that purpose, up to six regional advisory committees to the drug utilization review board may be appointed. Members of the regional advisory committees shall be physicians and pharmacists appointed by the drug utilization review board. Each such member of a regional advisory committee shall have recognized knowledge and expertise in one or more of the following:
(1) The clinically appropriate prescribing of covered outpatient drugs;
(2) The clinically appropriate dispensing and monitoring of covered outpatient drugs;
(3) Drug use review, evaluation, and intervention; or
(4) Medical quality assurance.
208.275. 1. As used in this section, unless the context otherwise indicates, the following terms mean:
(1) "Elderly", any person who is sixty years of age or older;
(2) "Handicapped", any person having a physical or mental condition, either permanent or temporary, which would substantially impair ability to operate or utilize available transportation.
2. There is hereby created the "Coordinating Council on Special Transportation" within the Missouri department of transportation. The members of the council shall be: [two members of the senate appointed by the president pro tem, who shall be from different political parties; two members of the house of representatives appointed by the speaker, who shall be from different political parties;] the assistant for transportation of the Missouri department of transportation, or his designee; the assistant commissioner of the department of elementary and secondary education, responsible for special transportation, or his designee; the director of the division of aging of the department of social services, or his designee; the deputy director for mental retardation/developmental disabilities and the deputy director for administration of the department of mental health, or their designees; the executive secretary of the governor's committee on the employment of the handicapped; and seven consumer representatives appointed by the governor by and with the advice and consent of the senate, four of the consumer representatives shall represent the elderly and three shall represent the handicapped. Two of such three members representing handicapped persons shall represent those with physical handicaps. Consumer representatives appointed by the governor shall serve for terms of three years or until a successor is appointed and qualified. Of the members first selected, two shall be selected for a term of three years, two shall be selected for a term of two years, and three shall be selected for a term of one year. In the event of the death or resignation of any member, his successor shall be appointed to serve for the unexpired period of the term for which such member had been appointed.
3. State agency personnel shall serve on the council without additional appropriations or compensation. The consumer representatives shall serve without compensation except for receiving reimbursement for the reasonable and necessary expenses incurred in the performance of their duties on the council from funds appropriated to the department of transportation. [Legislative members shall be reimbursed by their respective appointing bodies out of the contingency fund for such body for necessary expenses incurred in the performance of their duties.]
4. Staff for the council shall be provided by the Missouri department of transportation. The department shall designate a special transportation coordinator who shall have had experience in the area of special transportation, as well as such other staff as needed to enable the council to perform its duties.
5. The council shall meet at least quarterly each year and shall elect from its members a chairman and a vice chairman.
6. The coordinating council on special transportation shall:
(1) Recommend and periodically review policies for the coordinated planning and delivery of special transportation when appropriate;
(2) Identify special transportation needs and recommend agency funding allocations and resources to meet these needs when appropriate;
(3) Identify legal and administrative barriers to effective service delivery;
(4) Review agency methods for distributing funds within the state and make recommendations when appropriate;
(5) Review agency funding criteria and make recommendations when appropriate;
(6) Review area transportation plans and make recommendations for plan format and content;
(7) Establish measurable objectives for the delivery of transportation services;
(8) Review annual performance data and make recommendations for improved service delivery, operating procedures or funding when appropriate;
(9) Review local disputes and conflicts on special transportation and recommend solutions.
7. The provisions of this section shall expire on December 31, 2013.
208.955. 1. There is hereby established in the department of social services the "MO HealthNet Oversight Committee", which shall [be appointed by January 1, 2008, and shall] consist of eighteen members as follows:
(1) Two members of the house of representatives, one from each party, appointed by the speaker of the house of representatives and the minority floor leader of the house of representatives;
(2) Two members of the Senate, one from each party, appointed by the president pro tem of the senate and the minority floor leader of the senate;
(3) One consumer representative;
(4) Two primary care physicians, licensed under chapter 334, RSMo, recommended by any Missouri organization or association that represents a significant number of physicians licensed in this state, who care for participants, not from the same geographic area;
(5) Two physicians, licensed under chapter 334, RSMo, who care for participants but who are not primary care physicians and are not from the same geographic area, recommended by any Missouri organization or association that represents a significant number of physicians licensed in this state, and who are familiar with the medical needs of low-income population groups and with the resources available and required for their care;
(6) One representative of the state hospital association;
(7) One nonphysician health care professional who cares for participants, recommended by the director of the department of insurance, financial institutions and professional registration;
(8) One dentist, who cares for participants. The dentist shall be recommended by any Missouri organization or association that represents a significant number of dentists licensed in this state;
(9) Two patient advocates;
(10) One public member; and
(11) The directors of the department of social services, the department of mental health, the department of health and senior services, or the respective directors' designees, who shall serve as ex-officio members of the committee.
2. The members of the oversight committee, other than the members from the general assembly and ex-officio members, shall be appointed by the governor with the advice and consent of the senate. A chair of the oversight committee shall be selected by the members of the oversight committee. Of the members first appointed to the oversight committee by the governor, eight members shall serve a term of two years, seven members shall serve a term of one year, and thereafter, members shall serve a term of two years. Members shall continue to serve until their successor is duly appointed and qualified. Any vacancy on the oversight committee shall be filled in the same manner as the original appointment. Members shall serve on the oversight committee without compensation but may be reimbursed for their actual and necessary expenses from moneys appropriated to the department of social services for that purpose. The department of social services shall provide technical, actuarial, and administrative support services as required by the oversight committee. The oversight committee shall:
(1) Meet on at least four occasions annually[, including at least four before the end of December of the first year the committee is established]. Meetings [can] may be held by telephone or video conference at the discretion of the committee;
(2) Serve as a medical care advisory committee under Section 1902(a)(4) of the Social Security Act to advise the Medicaid agency director about health and medical care services;
(3) Review the participant and provider satisfaction reports and the reports of health outcomes, social and behavioral outcomes, use of evidence-based medicine and best practices as required of the health improvement plans and the department of social services under section 208.950;
[(3)] (4) Review the results from other states of the relative success or failure of various models of health delivery attempted;
[(4)] (5) Review the results of studies comparing health plans conducted under section 208.950;
[(5)] (6) Review the data from health risk assessments collected and reported under section 208.950;
[(6)] (7) Review the results of the public process input collected under section 208.950;
[(7)] (8) Advise and approve proposed design and implementation proposals for new health improvement plans submitted by the department, as well as make recommendations and suggest modifications when necessary;
[(8)] (9) Determine how best to analyze and present the data reviewed under section 208.950 so that the health outcomes, participant and provider satisfaction, results from other states, health plan comparisons, financial impact of the various health improvement plans and models of care, study of provider access, and results of public input can be used by consumers, health care providers, and public officials;
[(9)] (10) Present significant findings of the analysis required in subdivision (8) of this subsection in a report to the general assembly and governor, at least annually, beginning January 1, 2009;
[(10)] (11) Review the budget forecast issued by the legislative budget office, and the report required under subsection (22) of subsection 1 of section 208.151, and after study:
(a) Consider ways to maximize the federal drawdown of funds;
(b) Study the demographics of the state and of the MO HealthNet population, and how those demographics are changing;
(c) Consider what steps are needed to prepare for the increasing numbers of participants as a result of the baby boom following World War II;
[(11)] (12) Conduct a study to determine whether an office of inspector general shall be established. Such office would be responsible for oversight, auditing, investigation, and performance review to provide increased accountability, integrity, and oversight of state medical assistance programs, to assist in improving agency and program operations, and to deter and identify fraud, abuse, and illegal acts. The committee shall review the experience of all states that have created a similar office to determine the impact of creating a similar office in this state; and
[(12)] (13) Perform other tasks as necessary, including but not limited to making recommendations to the division concerning the promulgation of rules and emergency rules so that quality of care, provider availability, and participant satisfaction can be assured.
3. By July 1, 2011, the oversight committee shall issue findings to the general assembly on the success and failure of health improvement plans and shall recommend whether or not any health improvement plans should be discontinued.
4. [The oversight committee shall designate a subcommittee devoted to advising the department on the development of a comprehensive entry point system for long-term care that shall:
(1) Offer Missourians an array of choices including community-based, in-home, residential and institutional services;
(2) Provide information and assistance about the array of long-term care services to Missourians;
(3) Create a delivery system that is easy to understand and access through multiple points, which shall include but shall not be limited to providers of services;
(4) Create a delivery system that is efficient, reduces duplication, and streamlines access to multiple funding sources and programs;
(5) Strengthen the long-term care quality assurance and quality improvement system;
(6) Establish a long-term care system that seeks to achieve timely access to and payment for care, foster quality and excellence in service delivery, and promote innovative and cost-effective strategies; and
(7) Study one-stop shopping for seniors as established in section 208.612.
5. The subcommittee shall include the following members:
(1) The lieutenant governor or his or her designee, who shall serve as the subcommittee chair;
(2) One member from a Missouri area agency on aging, designated by the governor;
(3) One member representing the in-home care profession, designated by the governor;
(4) One member representing residential care facilities, predominantly serving MO HealthNet participants, designated by the governor;
(5) One member representing assisted living facilities or continuing care retirement communities, predominantly serving MO HealthNet participants, designated by the governor;
(6) One member representing skilled nursing facilities, predominantly serving MO HealthNet participants, designated by the governor;
(7) One member from the office of the state ombudsman for long-term care facility residents, designated by the governor;
(8) One member representing Missouri centers for independent living, designated by the governor;
(9) One consumer representative with expertise in services for seniors or the disabled, designated by the governor;
(10) One member with expertise in Alzheimer's disease or related dementia;
(11) One member from a county developmental disability board, designated by the governor;
(12) One member representing the hospice care profession, designated by the governor;
(13) One member representing the home health care profession, designated by the governor;
(14) One member representing the adult day care profession, designated by the governor;
(15) One member gerontologist, designated by the governor;
(16) Two members representing the aged, blind, and disabled population, not of the same geographic area or demographic group designated by the governor;
(17) The directors of the departments of social services, mental health, and health and senior services, or their designees; and
(18) One member of the house of representatives and one member of the senate serving on the oversight committee, designated by the oversight committee chair. Members shall serve on the subcommittee without compensation but may be reimbursed for their actual and necessary expenses from moneys appropriated to the department of health and senior services for that purpose. The department of health and senior services shall provide technical and administrative support services as required by the committee.
6. By October 1, 2008, the comprehensive entry point system subcommittee shall submit its report to the governor and general assembly containing recommendations for the implementation of the comprehensive entry point system, offering suggested legislative or administrative proposals deemed necessary by the subcommittee to minimize conflict of interests for successful implementation of the system. Such report shall contain, but not be limited to, recommendations for implementation of the following consistent with the provisions of section 208.950:
(1) A complete statewide universal information and assistance system that is integrated into the web-based electronic patient health record that can be accessible by phone, in-person, via MO HealthNet providers and via the Internet that connects consumers to services or providers and is used to establish consumers' needs for services. Through the system, consumers shall be able to independently choose from a full range of home, community-based, and facility-based health and social services as well as access appropriate services to meet individual needs and preferences from the provider of the consumer's choice;
(2) A mechanism for developing a plan of service or care via the web-based electronic patient health record to authorize appropriate services;
(3) A preadmission screening mechanism for MO HealthNet participants for nursing home care;
(4) A case management or care coordination system to be available as needed; and
(5) An electronic system or database to coordinate and monitor the services provided which are integrated into the web-based electronic patient health record.
7. Starting July 1, 2009, and for three years thereafter, the subcommittee shall provide to the governor, lieutenant governor and the general assembly a yearly report that provides an update on progress made by the subcommittee toward implementing the comprehensive entry point system.
8.] The provisions of section 23.253, RSMo, shall not apply to sections 208.950 to 208.955.
210.496. The division may refuse to issue either a license or a provisional license to an applicant, or may suspend or revoke the license or provisional license of a licensee, who:
(1) Fails consistently to comply with the applicable provisions of sections 208.400 to [208.535] 208.507 and the applicable rules promulgated thereunder;
(2) Violates any of the provisions of its license;
(3) Violates state laws or rules relating to the protection of children;
(4) Furnishes or makes any misleading or false statements or reports to the division;
(5) Refuses to submit to the division any reports or refuses to make available to the division any records required by the division in making an investigation;
(6) Fails or refuses to admit authorized representatives of the division at any reasonable time for the purpose of investigation;
(7) Fails or refuses to submit to an investigation by the division;
(8) Fails to provide, maintain, equip, and keep in safe and sanitary condition the premises established or used for the care of children being served, as required by law, rule, or ordinance applicable to the location of the foster home or residential care facility; or
(9) Fails to provide financial resources adequate for the satisfactory care of and services to children being served and the upkeep of the premises.
260.370. 1. Where proven technology is available and the economic impact is reasonable, pursuant to rules and regulations promulgated by the commission, the hazardous waste management commission shall encourage that every effort is made to effectively treat, recycle, detoxify, incinerate or otherwise treat hazardous waste to be disposed of in the state of Missouri in order that such wastes are not disposed of in a manner which is hazardous to the public health and the environment. Where proven technology is available with respect to a specific hazardous waste and the economic impact is reasonable, pursuant to rules and regulations promulgated by the commission, the hazardous waste management commission shall direct that disposal of the specific hazardous wastes using land filling as the primary method is prohibited.
2. The hazardous waste management commission shall, by rules and regulations, categorize hazardous waste by taking into account toxicity, persistence and degradability in nature, potential for accumulation in tissue, and other related factors such as flammability, corrosiveness and other hazardous characteristics. The commission shall by rules and regulations further establish within each category the wastes which may or may not be disposed of through alternative hazardous waste management technologies including, but not limited to, treatment facilities, incinerators, landfills, landfarms, storage facilities, surface impoundments, recycling, reuse and reduction. The commission shall specify, by rule and regulation, the frequency of inspection for each method of hazardous waste management and for the different waste categories at hazardous waste management sites. The inspection may be daily when the hazardous waste management commission deems it necessary. The hazardous waste management commission shall specify, by rule, fees to be paid to the department by owners or operators of hazardous waste facilities who have obtained, or are required to obtain, a hazardous waste facility permit and who accept, on a commercial basis for remuneration, hazardous waste from off-site sources, but not including wastes generated by the same person at other sites located in Missouri or within a metropolitan statistical area located partially in Missouri and owned or operated by the same person and transferred to the hazardous waste facility, for treatment, storage or disposal, for inspections conducted by the department to determine compliance with sections 260.350 to 260.430 and the regulations promulgated thereunder. Funds derived from these inspection fees shall be used for the purpose of funding the inspection of hazardous waste facilities, as specified in subsection 3 of section 260.391. Such fees shall not exceed twelve thousand dollars per year per facility and the commission shall establish a graduated fee scale based on the volume of hazardous waste accepted with reduced fees for facilities accepting smaller volumes of hazardous waste. The department shall furnish, upon request, to the person, firm or corporation operating the hazardous waste facility a complete, full and detailed accounting of the cost of the department's inspections of the facility for the twelve-month period immediately preceding the request within forty-five days after receipt of the request. Failure to provide the accounting within forty-five days shall require the department to refund the inspection fee paid during the twelve-month-time period.
3. In addition to any other powers vested in it by law, the commission shall have the following powers:
(1) From time to time adopt, amend or repeal, after due notice and public hearing, standards, rules and regulations to implement, enforce and carry out the provisions of sections 260.350 to 260.430 and any required of this state by any federal hazardous waste management act and as the commission may deem necessary to provide for the safe management of hazardous wastes to protect the health of humans and the environment. In implementing this subsection, the commission shall consider the variations within this state in climate, geology, population density, quantities and types of hazardous wastes generated, availability of hazardous waste facilities and such other factors as may be relevant to the safe management of hazardous wastes. Within two years after September 28, 1977, the commission shall adopt rules and regulations including the following:
(a) Rules and regulations establishing criteria and a listing for the determination of whether any waste or combination of wastes is hazardous for the purposes of sections 260.350 to 260.430, taking into account toxicity, persistence and degradability in nature, potential for accumulation in tissue, and other related factors such as flammability, corrosiveness and other hazardous characteristics;
(b) Rules and regulations for the storage, treatment and disposal of hazardous wastes;
(c) Rules and regulations for the transportation, containerization and labeling of hazardous wastes, which shall be consistent with those issued by the Missouri public service commission;
(d) Rules and regulations establishing standards for the issuance, modification, suspension, revocation or denial of such licenses and permits as are consistent with the purposes of sections 260.350 to 260.430;
(e) Rules and regulations establishing standards and procedures for the safe operation and maintenance of hazardous waste facilities in order to protect the health of humans and other living organisms;
(f) Rules and regulations listing those wastes or combinations of wastes, for which criteria have been established under paragraph (a) of this subdivision and which are not compatible and which may not be stored or disposed of together;
(g) Rules and regulations establishing procedures and requirements for the reporting of the generation, storage, transportation, treatment or disposal of hazardous wastes;
(2) Adopt and publish, after notice as required by the provisions of chapter 536, RSMo, pertaining to administrative rulemaking, and public hearing, a state hazardous waste management plan to provide for the safe and effective management of hazardous wastes within this state. This plan shall be adopted within two years after September 28, 1977, and revised at least once every five years thereafter;
(3) Hold hearings, issue notices of hearings and subpoenas requiring the attendance of witnesses and the production of evidence, administer oaths and take testimony as the commission deems necessary to accomplish the purposes of sections 260.350 to 260.430 or as required by any federal hazardous waste management act. Unless otherwise specified in sections 260.350 to 260.430, any of these powers may be exercised on behalf of the commission by any members thereof or a hearing officer designated by it;
(4) Grant individual variances in accordance with the provisions of sections 260.350 to 260.430;
(5) Make such orders as are necessary to implement, enforce and effectuate the powers, duties and purposes of sections 260.350 to 260.430.
4. No rule or portion of a rule promulgated under the authority of sections 260.350 to 260.480 and sections 260.565 to 260.575 shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo.
5. To the extent there is a conflict concerning authority for risk-based remediation rules between this section and section 644.143, RSMo, or subdivision (8) of section 644.026, RSMo, this section shall prevail.
[6. Beginning July 1, 2004, a joint committee appointed by the speaker of the house of representatives and the president pro tem of the senate shall consider proposals for restructuring the fees paid by hazardous waste generators and hazardous waste facilities. The committee shall consider options for expanding the fee structure to more fairly apportion the cost of services provided among all those that benefit from those services. The committee shall prepare and submit a report including its recommendation for changes to the governor, the house of representatives, and the senate no later than December 31, 2004.]
260.372. 1. The Missouri hazardous waste management commission within the Missouri department of natural resources is hereby given the authority to aid in the promotion of hazardous waste recycling, reuse, or reduction by entering into contracts, subject to appropriations, for the development and implementation of projects dealing with said uses of hazardous wastes or the purchase and development of machinery, equipment, appliances, devices, and supplies solely required to develop and operate hazardous waste recycling, reuse, and reduction projects.
2. The hazardous waste management commission within the Missouri department of natural resources shall promulgate rules and regulations to establish or participate in one or more regional waste exchange clearing houses where generators of wastes may list those wastes that have market value or other use.
3. The hazardous waste management commission within the Missouri department of natural resources shall act in an advisory capacity to Missouri's member on the midwest low-level radioactive waste compact commission, review activities of the midwest low-level radioactive waste compact commission and midwest interstate radioactive waste compact states, and present recommendations in writing to the governor and the general assembly as requested or as necessary to insure adequate exchange of information.
260.705. Unless the context clearly requires otherwise, the following words and phrases mean:
(1) ["Advisory committee", the low-level radioactive waste compact advisory committee;
(2)] "Care", the continued observation of a facility after closure for the purposes of detecting a need for maintenance, insuring environmental safety, and determining compliance with applicable licensure and regulatory requirements and including the correction of problems which are detected as a result of that observation;
[(3)] (2) "Clean-up", all actions necessary to contain, collect, control, identify, analyze, treat, disperse, remove, or dispose of low-level radioactive waste;
[(4)] (3) "Closure", measures which must be taken by a facility owner or operator when he determines that the facility shall no longer accept low-level radioactive waste;
[(5)] (4) "Commission", the midwest interstate low-level radioactive waste commission;
[(6)] (5) "Decommissioning", the measures taken at the end of a facility's operating life to assure the continued protection of the public from any residual radioactivity or other potential hazards present at a facility;
[(7)] (6) "Facility", a parcel of land or site, together with the structures, equipment and improvements on or appurtenant to the land or site, which is used or is being developed for the treatment, storage or disposal of low-level radioactive waste;
[(8)] (7) "Host state", any state which is designated by the commission to host a regional facility;
[(9)] (8) "Low-level radioactive waste" or "waste", radioactive waste not classified as high-level radioactive waste, transuranic waste, spent nuclear fuel or by-product material as defined in Section 11(e)(2) of the Atomic Energy Act of 1954;
[(10)] (9) "Midwest low-level radioactive waste compact", the midwest interstate compact on low-level radioactive waste as enacted by the Missouri general assembly;
[(11)] (10) "Radioactive release", the emission, discharge, spillage, leakage, pumping, pouring, emptying or dumping of low-level radioactive waste into the biosphere which exceeds state or federal standards;
[(12)] (11) "Region", the area of the party states to the midwest low-level radioactive waste compact;
[(13)] (12) "Regional facility", a facility which is located within the region and which is established by a party state pursuant to designation of that state as a host state by the commission; and
[(14)] (13) "Site", the geographic location of a facility.
260.720. 1. The governor shall appoint one member and one alternate member to represent Missouri's interests on the midwest low-level radioactive waste compact commission. Such appointment shall be with the advice and consent of the senate, as provided in section 51 of article IV of the Constitution of Missouri. The state's member on the commission, or the alternate, shall be entitled to reimbursement for expenses necessarily incurred in the discharge of his official duties plus, if not an employee of the state, fifty dollars for each day devoted to the affairs of the commission.
2. Missouri's member on the commission shall [also serve on the advisory committee created by section 260.725, and] report activities of the commission to the [advisory committee] hazardous waste management commission, governor and general assembly as requested.
260.735. 1. In the event Missouri is designated by the commission to be a host state for a regional low-level radioactive waste disposal facility, the director of the department of natural resources shall, within seven days, report to the governor, the legislature and the [advisory committee] hazardous waste management commission with recommendations for further action.
2. If Missouri is designated as the host state for a regional disposal facility, the governor shall provide notification of withdrawal, pursuant to Article VIII(i) of the Midwest Interstate Low-Level Radioactive Waste Compact, unless that designation is approved by the general assembly by a concurrent resolution; provided however, that if the general assembly, having had the opportunity to consider the issue of whether or not to remain in the compact, for a period of not less than sixty days within the ninety-day period immediately following such designation, fails to render a concurrent resolution approving such designation or a concurrent resolution calling for Missouri to withdraw from the compact, the governor need not provide such notification of withdrawal.
262.217. Effective September 1, 1995, there is created a "State Fair Commission" whose domicile for the purposes of sections 262.215 to 262.280 shall be the department of agriculture of this state. The commission shall consist of nine members, two of whom shall be active farmers, two of whom shall be either current members or past presidents of county or regional fair boards or individuals active in the tourism industry, one of whom shall be the director of the department of agriculture, one of whom shall be employed in agribusiness, and three at-large members who shall be Missouri residents. The [director of the department of agriculture shall be the chairman of the commission until January 31, 1997, and shall not be counted against membership from a congressional district, at which time the chairman] commission shall [be elected] elect a chairperson from among the members of the commission [by the commission members]. Such officer shall serve for a term of two years. Commissioners shall be reimbursed for their actual and necessary expenses incurred when attending meetings of the commission, to be paid from appropriations made therefor. Commissioners shall be appointed by the governor, with the advice and consent of the senate. The county fair association in the state may submit to the governor a list of nominees for appointment, three from each congressional district, for those commission members who [are required to] may be current members or past presidents of county fair boards. Not more than four commissioners excluding the director of agriculture shall be members of the same political party. Each commissioner shall be a resident of the state for five years prior to his appointment. [The eight initial commissioners shall be appointed as follows: two shall be appointed for terms of one year, two for terms of two years, two for terms of three years and two for terms of four years. Their successors] Commissioners shall be appointed for terms of four years. A commissioner shall continue to serve until his successor is appointed and qualified. Whenever any vacancy occurs on the commission, the governor shall fill the vacancy by appointment for the remainder of the term of the commissioner who was replaced. There shall be no more than two commission members from any congressional district.
286.001. As used in this chapter, unless the context clearly states otherwise, the following terms mean:
(1) "Commission", the labor and industrial relations commission;
(2) ["Council", the governor's council on disability;
(3)] "Department", the department of labor and industrial relations;
[(4)] (3) "Director", the director of the department of labor and industrial relations;
[(5)] (4) "Division", the divisions of employment security, labor standards and workers' compensation; and
[(6)] (5) "Division heads", the division directors for each of the divisions.
286.005. 1. There is hereby created a "Department of Labor and Industrial Relations" to be headed by a labor and industrial relations commission as provided by section 49, article IV, Constitution of Missouri. All the powers, duties and functions of the industrial commission are transferred by type I transfer to the labor and industrial relations commission and the industrial commission is abolished. The commission shall nominate and the governor shall appoint, with the advice and consent of the senate, the director of the department to be the chief administrative officer of the department. Members of the industrial commission on May 2, 1974, shall become members of the commission and the terms of the commission members shall be the same as provided by law for the industrial commission. Individuals appointed as members of the industrial commission shall serve the remainder of the term to which they were appointed as members of the commission. The members of the commission shall receive an annual salary of seventy-two thousand seven hundred thirty-five dollars plus any salary adjustment provided pursuant to section 105.005, RSMo, payable out of the state treasury. The board of rehabilitation is abolished as hereinafter set out and on May 2, 1974, no compensation shall be paid to any person as a member of the board of rehabilitation, other provisions of the law notwithstanding. The director of the department shall appoint other division heads in the department. For the purposes of subsections 6, 7, 8 and 9 of section 1 of the reorganization act of 1974, the director of the department shall be construed as the head of the department of labor and industrial relations.
2. All powers, duties, and functions vested by law in the division of employment security, chapter 288, RSMo, and others, are transferred by type II transfer to the department.
3. All powers, duties, and functions vested by law in the division of workers' compensation, chapter 287, RSMo, and others, are transferred by type II transfer to the department.
4. All the powers, duties, and functions of the board of rehabilitation, chapter 287, RSMo, and others, are transferred by type I transfer to the division of workers' compensation of the department and the board of rehabilitation is abolished.
5. All powers, duties and functions vested by law in the division of industrial inspections and the division of mine inspections, chapters 286, 290, 291, 292, 293, 294 and 444, RSMo, which were previously transferred by type I transfer to the inspection section of the department, are transferred to the division of labor standards of the department. Employees of the division performing duties related to the mine safety and health act and the occupational safety health act shall be selected in accord with chapter 36, RSMo.
6. All the powers, duties, and functions vested by law in the state board of mediation under chapter 295, RSMo, and others, are transferred by type II transfer to the department.
7. All employees of the division of employment security shall be selected in accord with chapter 36, RSMo.
8. The Missouri commission on human rights, and all the authority, powers, duties, functions, records, personnel, property, matters pending and other pertinent vestiges thereof vested in the Missouri commission on human rights under chapters 213, 296, 314, and others, RSMo, are transferred by type III transfer to the department. Members of the Missouri commission on human rights shall be nominated by the director for appointment by the governor, by and with the advice and consent of the senate.
[9. The department shall act as the administrative entity for the governor's council on disability. The federal and state funds necessary for the administration and implementation of the programs and services provided by the governor's council on disability shall be appropriated through the department.]
304.028. 1. There is hereby created in the state treasury for use by the [Missouri Head Injury Advisory Council] department of health and senior services a fund to be known as the "[Head] Brain Injury Fund". All judgments collected pursuant to this section, federal grants, private donations and any other moneys designated for the [head] brain injury fund shall be deposited in the fund. Moneys deposited in the fund shall, upon appropriation by the general assembly to the [office of administration] department of health and senior services, be received and expended by the [council] department for the purpose of transition and integration of medical, social and educational services or activities for purposes of outreach and [short-term] supports to enable individuals with traumatic [head] brain injury and their families to live in the community[, including counseling and mentoring the families]. Notwithstanding the provisions of section 33.080, RSMo, to the contrary, any unexpended balance in the [head] brain injury fund at the end of any biennium shall not be transferred to the general revenue fund.
2. In all criminal cases including violations of any county ordinance or any violation of criminal or traffic laws of this state, including an infraction, there shall be assessed as costs a surcharge in the amount of two dollars. No such surcharge shall be collected in any proceeding involving a violation of an ordinance or state law when the proceeding or defendant has been dismissed by the court or when costs are to be paid by the state, county or municipality.
3. Such surcharge shall be collected and distributed by the clerk of the court as provided in sections 488.010 to 488.020, RSMo. The surcharge collected pursuant to this section shall be paid to the state treasury to the credit of the [head] brain injury fund established in this section.
320.094. 1. The state treasurer shall annually transfer an amount prescribed in subsection 2 of this section out of the state revenues derived from premium taxes levied on insurance companies pursuant to sections 148.310 to 148.461, RSMo, which are deposited by the director of revenue in the general revenue fund pursuant to section 148.330, RSMo, in a fund hereby created in the state treasury, to be known as the "Fire Education Fund". Any interest earned from investment of moneys in the fund, and all moneys received from gifts, grants, or other moneys appropriated by the general assembly, shall be credited to the fund. The state treasurer shall administer the fund, and the moneys in such fund shall be used solely as prescribed in this section. Notwithstanding the provisions of section 33.080, RSMo, to the contrary, moneys in the fire education fund at the end of any biennium shall not be transferred to the credit of the general revenue fund.
2. Beginning July 1, 1998, three percent of the amount of premium taxes collected in the immediately preceding fiscal year pursuant to sections 148.310 to 148.461, RSMo, which are deposited in the general revenue fund that exceeds the amount of premium taxes which were deposited in the general revenue fund in the 1997 fiscal year shall be transferred from the general revenue fund to the credit of the fire education fund. At the end of each fiscal year, the commissioner of administration shall determine the amount transferred to the credit of the fire education fund in each fiscal year by computing the premium taxes deposited in the general revenue fund in the prior fiscal year and comparing such amount to the amount of premium taxes deposited in the general revenue fund in the 1997 fiscal year. An amount equal to three percent of the increase computed pursuant to this section shall be transferred by the state treasurer to the credit of the fire education fund; however, such transfer in any fiscal year shall not exceed one million five hundred thousand dollars.
3. [There is hereby established a special trust fund, to be known as the "Missouri Fire Education Trust Fund", which shall consist of all moneys collected per subsection 2 of this section transferred to the fund from the fire education fund pursuant to this subsection, any earnings resulting from the investment of moneys in the fund, and all moneys received from gifts, grants, or other moneys appropriated by the general assembly. Each fiscal year, an amount equal to forty percent of the moneys transferred to the fire education fund collected pursuant to subsection 2 of this section shall be transferred by the state treasurer to the credit of the Missouri fire education trust fund. The fund shall be administered by a board of trustees, consisting of the state treasurer, two members of the senate appointed by the president pro tem of the senate, two members of the house of representatives appointed by the speaker of the house, and two members appointed by the governor with the advice and consent of the senate. Any member appointed due to such person's membership in the senate or house of representatives shall serve only as long as such person holds the office referenced in this section. The state treasurer shall invest moneys in the fund in a manner as provided by law. Subject to appropriations, moneys in the fund shall be used solely for the purposes described in this section, but such appropriations shall be made only if the board recommends to the general assembly that such moneys are needed in that fiscal year to adequately fund the activities described in this section. Moneys shall accumulate in the trust fund until the earnings from investment of moneys in the fund can adequately support the activities described in this section, as determined by the board. At such time, the board may recommend that the general assembly adjust or eliminate the funding mechanism described in this section. Notwithstanding the provisions of section 33.080, RSMo, to the contrary, moneys in the Missouri fire education trust fund at the end of any biennium shall not be transferred to the credit of the general revenue fund.
4.] The moneys in the fire education fund[, after any distribution pursuant to subsection 3 of this section,] shall be appropriated to the division of fire safety to coordinate education needs in cooperation with community colleges, colleges, regional training facilities, fire and emergency services training entities and universities of this state and shall provide training and continuing education to firefighters in this state relating to fire department operations and the personal safety of firefighters while performing fire department activities. Programs and activities funded under this subsection [must] shall be approved by the Missouri fire [education commission established in subsection 5 of this section] safety advisory board established in section 320.205. These funds shall primarily be used to provide field education throughout the state, with not more than two percent of funds under this subsection expended on administrative costs.
[5. There is established the "Missouri Fire Education Commission", to be domiciled in the division of fire safety within the department of public safety. The commission shall be composed of five members appointed by the governor with the advice and consent of the senate, consisting of one firefighter serving as a volunteer of a volunteer fire protection association, one full-time firefighter employed by a recognized fire department or fire protection district, one firefighter training officer, one person serving as the chief of a volunteer fire protection association, and one chief fire officer from a recognized fire department or fire protection district. No more than three members appointed by the governor shall be of the same political party. The terms of office for the members appointed by the governor shall be four years and until their successors are selected and qualified, except that, of those first appointed, two shall have a term of four years, two shall have a term of three years and one shall have a term of two years. There is no limitation on the number of terms an appointed member may serve. The governor may appoint a member for the remaining portion of the unexpired term created by a vacancy. The governor may remove any appointed member for cause. The members shall at their initial meeting select a chair. All members of the commission shall serve without compensation for their duties, but shall be reimbursed for necessary travel and other expenses incurred in the performance of their official duties. The commission shall meet at least quarterly at the call of the chair and shall review and determine appropriate programs and activities for which funds may be expended under subsection 4 of this section.]
320.205. 1. The governor, with the advice and consent of the senate, shall appoint a full-time state fire marshal, who shall be the head of the division of fire safety. The state fire marshal shall administer and enforce the provisions of sections 320.200 to 320.270. The state fire marshal shall be a citizen of the United States, shall be a person of good moral character, and a resident taxpayer of Missouri at the time of his appointment. The state fire marshal must have had a minimum of ten years' experience in some phase of fire protection, fire prevention, or fire investigation, which may include experience with any state, municipal, military, or industrial fire protection agency. [He] The state fire marshal shall possess administrative ability and experience [and] , be able to obtain facts in connection with the duties of [his] the office by field investigations, and be able to accurately report [his] findings.
2. There is hereby established within the department of public safety the "Missouri Fire Safety Advisory Board", which shall be composed of [six] eight members appointed by the governor, by and with the advice and consent of the senate, from a list of qualified candidates submitted to the governor by the director of the department of public safety. It shall be the duty of the Missouri fire safety advisory board to advise the fire marshal on all matters pertaining to the responsibilities of the fire marshal and the division. All members of the Missouri fire safety advisory board shall be qualified voters of Missouri at the time of their appointment, shall receive no compensation for their services, and shall be reimbursed for their actual and necessary expenses incurred in the performance of their official duties. Of the members appointed to the Missouri fire safety advisory board, one shall be a chief of a fire department located within this state, one shall be a firefighter, one shall be a person with expertise in the investigation of arson, one shall be an instructor in a firefighting training program, one shall be a person who provides fire safety appliances and equipment, [and] one shall be an insurer duly licensed to provide insurance coverage for losses due to fire, one shall be a firefighter serving as a volunteer in a volunteer fire protection association, and one shall be a chief of a volunteer fire protection association.
324.406. 1. There is hereby created within the division of professional registration a council to be known as the "Interior Design Council". The council shall consist of [four] two interior designers and one public member appointed by the governor with the advice and consent of the senate. The governor shall give due consideration to the recommendations by state organizations of the interior design profession for the appointment of the interior design members to the council. Council members shall be appointed to serve a term of four years[; except that of the members first appointed, one interior design member and the public member shall be appointed for terms of four years, one member shall be appointed for a term of three years, one member shall be appointed for a term of two years and one member shall be appointed for a term of one year]. No member of the council shall serve more than two terms.
2. Each council member, other than the public member, shall be a citizen of the United States, a resident of the state of Missouri for at least one year, meet the qualifications for professional registration, practice interior design as the person's principal livelihood and, except for the first members appointed, be registered pursuant to sections 324.400 to 324.439 as an interior designer.
3. The public member shall be, at the time of such person's appointment, a citizen of the United States, a registered voter, a person who is not and never was a member of the profession regulated by sections 324.400 to 324.439 or the spouse of such a person and a person who does not have and never has had a material financial interest in the providing of the professional services regulated by sections 324.400 to 324.439. The duties of the public member shall not include the determination of the technical requirements for the registration of persons as interior designers. The provisions of section 324.028 pertaining to public members of certain state boards and commissions shall apply to the public member of the council.
4. Members of the council may be removed from office for cause. Upon the death, resignation or removal from office of any member of the council, the appointment to fill the vacancy shall be for the unexpired portion of the term so vacated and shall be filled in the same manner as the first appointment and due notice be given to the state organizations of the interior design profession prior to the appointment.
5. Each member of the council may receive as compensation an amount set by the division not to exceed fifty dollars per day and shall be reimbursed for the member's reasonable and necessary expenses incurred in the official performance of the member's duties as a member of the council. The director shall establish by rule guidelines for payment.
6. The council shall meet at least twice each year and advise the division on matters within the scope of sections 324.400 to 324.439. The organization of the council shall be established by the members of the council.
7. The council may sue and be sued as the interior design council and the council members need not be named as parties. Members of the council shall not be personally liable either jointly or severally for any act committed in the performance of their official duties as council members. No council member shall be personally liable for any costs which accrue in any action by or against the council.
324.475. For the purposes of sections 324.475 to 324.499, the following terms mean:
(1) "Acupuncture", the use of needles inserted into the body by piercing of the skin and related modalities for the assessment, evaluation, prevention, treatment or correction of any abnormal physiology or pain by means of controlling and regulating the flow and balance of energy in the body so as to restore the body to its proper functioning and state of health;
(2) "Acupuncturist", any person licensed as provided in sections 324.475 to 324.499 to practice acupuncture as defined in subdivision (1) of this section;
(3) "Auricular detox technician", a person trained solely in, and who performs only, auricular detox treatment. An auricular detox technician shall practice under the supervision of a licensed acupuncturist. Such treatment shall take place in a hospital, clinic or treatment facility which provides comprehensive substance abuse services, including counseling, and maintains all licenses and certifications necessary and applicable;
(4) "Auricular detox treatment", a very limited procedure consisting of acupuncture needles inserted into specified points in the outer ear of a person undergoing treatment for drug or alcohol abuse or both drug and alcohol abuse;
(5) "Board", the state board of chiropractic examiners established in chapter 331, RSMo;
(6) "Committee", the Missouri acupuncture [advisory] licensing committee;
(7) "Department", the department of insurance, financial institutions and professional registration;
(8) "Director", the director of the division of professional registration;
(9) "Division", the division of professional registration;
(10) "License", the document of authorization issued by the board for a person to engage in the practice of acupuncture.
324.478. 1. There is hereby created within the division of professional registration a committee to be known as the "Missouri Acupuncturist [Advisory] Licensing Committee". The committee shall consist of [five] three members, all of whom shall be citizens of the United States and registered voters of the state of Missouri. The governor shall appoint the members of the committee with the advice and consent of the senate for terms of four years[; except as provided in subsection 2 of this section. Three] . The committee members shall be acupuncturists[. Such members] and shall at all times be holders of licenses for the practice of acupuncture in this state[; except for the members of the first committee who shall meet the requirements for licensure pursuant to sections 324.475 to 324.499. One member shall be a current board member of the Missouri state board for chiropractic examiners. The remaining member shall be a public member]. All members shall be chosen from lists submitted by the director of the division of professional registration. The president of the Acupuncture Association of Missouri in office at the time shall, at least ninety days prior to the expiration of the term of a [board] committee member[, other than the public member,] or as soon as feasible after a vacancy on the [board] committee otherwise occurs, submit to the director of the division of professional registration a list of [five] three acupuncturists qualified and willing to fill the vacancy in question, with the request and recommendation that the governor appoint one of the [five] three persons so listed, and with the list so submitted, the president of the Acupuncture Association of Missouri shall include in his or her letter of transmittal a description of the method by which the names were chosen by that association.
2. [The initial appointments to the committee shall be one member for a term of one year, one member for a term of two years, one member for a term of three years and two members for a term of four years.
3. The public member of the committee shall not be and never has been a member of any profession regulated by the provisions of sections 324.475 to 324.499, or the spouse of any such person; and a person who does not have and never has had a material financial interest in either the providing of the professional services regulated by the provisions of sections 324.475 to 324.499 or an activity or organization directly related to the profession regulated pursuant to sections 324.475 to 324.499.
4.] Any member of the committee may be removed from the committee by the governor for neglect of duty required by law, for incompetency or for unethical or dishonest conduct. Upon the death, resignation, disqualification or removal of any member of the committee, the governor shall appoint a successor. A vacancy in the office of any member shall only be filled for the unexpired term.
[5.] 3. The [acupuncturist advisory] committee shall:
(1) Review all applications for licensure;
(2) Advise the board on all matters pertaining to the licensing of acupuncturists;
(3) Review all complaints and/or investigations wherein there is a possible violation of sections 324.475 to 324.499 or regulations promulgated pursuant thereto and make recommendations and referrals to the board on complaints the committee determines to warrant further action;
(4) Follow the provisions of the board's administrative practice procedures in conducting all official duties;
(5) Recommend for prosecution violations of sections 324.475 to 324.499 to an appropriate prosecuting or circuit attorney;
(6) Assist the board, as needed and when requested by the board, in conducting any inquiry or disciplinary proceedings initiated as a result of committee recommendation and referral pursuant to subdivision (3) of this subsection.
324.481. 1. The board shall upon recommendation of the committee license applicants who meet the qualifications for acupuncturists, who file for licensure, and who pay all fees required for this licensure.
2. The board shall:
(1) Maintain a record of all board and committee proceedings regarding sections 324.475 to 324.499 and of all acupuncturists licensed in this state;
(2) Annually prepare a roster of the names and addresses of all acupuncturists licensed in this state, copies of which shall be made available upon request to any person paying the fee therefor;
(3) Set the fee for the roster at an amount sufficient to cover the actual cost of publishing and distributing the roster;
(4) Adopt an official seal;
(5) Prescribe the design of all forms to be furnished to all persons seeking licensure under sections 324.475 to 324.499;
(6) Prescribe the form and design of the license to be issued under sections 324.475 to 324.499;
(7) Inform licensees of any changes in policy, rules or regulations;
(8) Upon the recommendation of the committee, set all fees, by rule, necessary to administer the provisions of sections 324.475 to 324.499.
3. The board may with the approval of the [advisory] committee:
(1) Issue subpoenas to compel witnesses to testify or produce evidence in proceedings to deny, suspend or revoke licensure;
(2) Promulgate rules pursuant to chapter 536, RSMo, in order to carry out the provisions of sections 324.475 to 324.499 including, but not limited to, regulations establishing:
(a) Standards for the practice of acupuncture;
(b) Standards for ethical conduct in the practice of acupuncture;
(c) Standards for continuing professional education;
(d) Standards for the training and practice of auricular detox technicians, including specific enumeration of points which may be used.
4. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is promulgated to administer and enforce sections 324.475 to 324.499, shall become effective only if the agency has fully complied with all of the requirements of chapter 536, RSMo, including but not limited to, section 536.028, RSMo, if applicable, after August 28, 1998. If the provisions of section 536.028, RSMo, apply, the provisions of this section are nonseverable and if any of the powers vested with the general assembly pursuant to section 536.028, RSMo, to review, to delay the effective date, or to disapprove and annul a rule or portion of a rule are held unconstitutional or invalid, the purported grant of rulemaking authority and any rule so proposed and contained in the order of rulemaking shall be invalid and void, except that nothing in this section shall affect the validity of any rule adopted and promulgated prior to August 28, 1998.
5. All funds received by the board pursuant to the provisions of sections 324.240 to 324.275 shall be collected by the director who shall transmit the funds to the department of revenue for deposit in the state treasury to the credit of the ["Acupuncturist Fund" which is hereby created] state board of chiropractic examiners and acupuncturists' fund. Effective August 28, 2010, all moneys in the acupuncturist fund shall be transferred to the state board of chiropractic examiners and acupuncturists' fund.
6. Notwithstanding the provisions of section 33.080, RSMo, to the contrary, money in this fund shall not be transferred and placed to the credit of general revenue until the amount in the fund at the end of the biennium exceeds three times the amount of the appropriation from the acupuncturist fund for the preceding fiscal year. The amount, if any, in the fund which shall lapse is that amount in the fund which exceeds the appropriate multiple of the appropriations from the acupuncturist fund for the preceding fiscal year.
331.030. 1. No person shall engage in the practice of chiropractic without having first secured a chiropractic license as provided in this chapter.
2. Any person desiring to procure a license authorizing the person to practice chiropractic in this state shall be at least twenty-one years of age and shall make application on the form prescribed by the board. The application shall contain a statement that it is made under oath or affirmation and that representations contained thereon are true and correct to the best knowledge and belief of the person signing the application, subject to the penalties of making a false affidavit or declaration, and shall give the applicant's name, address, age, sex, name of chiropractic schools or colleges which the person attended or of which the person is a graduate, and such other reasonable information as the board may require. The applicant shall give evidence satisfactory to the board of the successful completion of the educational requirements of [this chapter] sections 331.010 to 331.115, that the applicant is of good moral character, and that the chiropractic school or college of which the applicant is a graduate is teaching chiropractic in accordance with the requirements of [this chapter] sections 331.010 to 331.115. The board may make a final determination as to whether or not the school from which the applicant graduated is so teaching.
3. Before an applicant shall be eligible for licensure, the applicant shall furnish evidence satisfactory to the board that the applicant has received the minimum number of semester credit hours, as required by the Council on Chiropractic Education, or its successor, prior to beginning the doctoral course of study in chiropractic. The minimum number of semester credit hours applicable at the time of enrollment in a doctoral course of study must be in those subjects, hours and course content as may be provided for by the Council on Chiropractic Education or, in the absence of the Council on Chiropractic Education or its provision for such subjects, such hours and course content as adopted by rule of the board; however in no event shall fewer than ninety semester credit hours be accepted as the minimum number of hours required prior to beginning the doctoral course of study in chiropractic. The examination applicant shall also provide evidence satisfactory to the board of having graduated from a chiropractic college having status with the Commission on Accreditation of the Council on Chiropractic Education or its successor. Any senior student in a chiropractic college having status with the Commission on Accreditation on the Council on Chiropractic Education or its successor may take a practical examination administered or approved by the board under such requirements and conditions as are adopted by the board by rule, but no license shall be issued until all of the requirements for licensure have been met.
4. Each applicant shall pay upon application an application or examination fee. All moneys collected pursuant to the provisions of this chapter shall be nonrefundable and shall be collected by the director of the division of professional registration who shall transmit it to the department of revenue for deposit in the state treasury to the credit of the [chiropractic board fund] State Board of Chiropractic Examiners and Acupuncturists' fund. Any person failing to pass a practical examination administered or approved by the board may be reexamined upon fulfilling such requirements, including the payment of a reexamination fee, as the board may by rule prescribe.
5. Every applicant for licensure by examination shall have taken and successfully passed all required and optional parts of the written examination given by the National Board of Chiropractic Examiners, including the written clinical competency examination, under such conditions as established by rule of the board, and all applicants for licensure by examination shall successfully pass a practical examination administered or approved by the board and a written examination testing the applicant's knowledge and understanding of the laws and regulations regarding the practice of chiropractic in this state. The board shall issue to each applicant who meets the standards and successful completion of the examinations, as established by rule of the board, a license to practice chiropractic. The board shall not recognize any correspondence work in any chiropractic school or college as credit for meeting the requirements of [this chapter] sections 331.010 to 331.115.
6. The board shall issue a license without examination to persons who have been regularly licensed to practice chiropractic in any other state, territory, or the District of Columbia, or in any foreign country, provided that the regulations for securing a license in the other jurisdiction are equivalent to those required for licensure in the state of Missouri, when the applicant furnishes satisfactory evidence that the applicant has continuously practiced chiropractic for at least one year immediately preceding the applicant's application to the board and that the applicant is of good moral character, and upon the payment of the reciprocity license fee as established by rule of the board. The board may require an applicant to successfully complete the Special Purposes Examination for Chiropractic (SPEC) administered by the National Board of Chiropractic Examiners if the requirements for securing a license in the other jurisdiction are not equivalent to those required for licensure in the state of Missouri at the time application is made for licensure under this subsection.
7. Any applicant who has failed any portion of the practical examination administered or approved by the board three times shall be required to return to an accredited chiropractic college for a semester of additional study in the subjects failed, as provided by rule of the board. 8. A chiropractic physician currently licensed in Missouri shall apply to the board for certification prior to engaging in the practice of meridian therapy/acupressure/acupuncture. Each such application shall be accompanied by the required fee. The board shall establish by rule the minimum requirements for the specialty certification under this subsection. "Meridian therapy/acupressure/acupuncture" shall mean methods of diagnosing and the treatment of a patient by stimulating specific points on or within the body by various methods including but not limited to manipulation, heat, cold, pressure, vibration, ultrasound, light, electrocurrent, and short-needle insertion for the purpose of obtaining a biopositive reflex response by nerve stimulation.
9. The board may through its rulemaking process authorize chiropractic physicians holding a current Missouri license to apply for certification in a specialty as the board may deem appropriate and charge a fee for application for certification, provided that:
(1) The board establishes minimum initial and continuing educational requirements sufficient to ensure the competence of applicants seeking certification in the particular specialty; and
(2) The board shall not establish any provision for certification of licensees in a particular specialty which is not encompassed within the practice of chiropractic as defined in section 331.010.
331.070. 1. The board shall set the amount of the fees which [this chapter] sections 331.010 to 331.115 authorizes and requires by rules and regulations promulgated pursuant to section 536.021, RSMo. The fees shall be set at a level to produce revenue which shall not substantially exceed the cost and expense of administering [this chapter] sections 331.010 to 331.115. All fees provided for in [this chapter] sections 331.010 to 331.115 shall be collected by the director of the division of professional registration who shall transmit them to the department of revenue for deposit in the state treasury to the credit of a fund to be known as the "State Board of Chiropractic Examiners' Fund". All the salaries and expenses for the operation of the board shall be appropriated and paid from such fund; provided, however, the board shall create no expense exceeding the sum received from time to time as fees. The state board of chiropractic examiners' fund shall, as of August 28, 2010, be renamed the "State Board of Chiropractic Examiners and Acupuncturists' Fund".
2. The provisions of section 33.080, RSMo, to the contrary notwithstanding, money in this fund shall not be transferred and placed to the credit of general revenue until the amount in the fund at the end of the biennium exceeds two times the amount of the appropriation from the board's funds for the preceding fiscal year or, if the board requires by rule permit renewal less frequently than yearly, then three times the appropriation from the board's funds for the preceding fiscal year. The amount, if any, in the fund which shall lapse is that amount in the fund which exceeds the appropriate multiple of the appropriations from the board's funds for the preceding fiscal year.
334.721. 1. Nothing in sections 334.700 to 334.725 shall be construed to authorize the practice of medicine by any person not licensed by the state board of registration for the healing arts.
2. The provisions of sections 334.700 to 334.725 shall not apply to the following persons:
(1) Physicians and surgeons licensed by the state board of registration for the healing arts;
(2) Dentists licensed by the Missouri dental board who confine their practice strictly to dentistry;
(3) Optometrists licensed by the state board of optometry who confine their practice strictly to optometry, as defined in section 336.010, RSMo;
(4) Nurses licensed by the state board of nursing who confine their practice strictly to nursing;
(5) Chiropractors licensed by the state board of chiropractic examiners who confine themselves strictly to the practice of chiropractic, as defined in section 331.010, RSMo;
(6) Podiatrists licensed by the state board of chiropody or podiatry who confine their practice strictly to that of a podiatrist, as defined in section 330.010, RSMo;
(7) Professional physical therapists licensed by the state board of registration for the healing arts who confine their practice strictly to professional physical therapy, as defined in section 334.500;
(8) Coaches and physical education instructors in the performance of their duties;
(9) [Athletic training students] Student athletic trainers who confine themselves strictly to their duties as [defined in] governed by sections 334.700 to 334.725;
(10) Athletic trainers from other nations, states, or territories performing their duties for their respective teams or organizations if they restrict their duties only to their teams or organizations and only during the course of their teams' or organizations' stay in this state.
344.060. 1. The [director of the department of health and senior services] governor shall appoint with the advice and consent of the senate ten suitable persons who together with the director of the department of health and senior services or the director's designee shall constitute the "Missouri Board of Nursing Home Administrators" which is hereby created within the department of health and senior services and which shall have the functions, powers and duties prescribed by sections 344.010 to 344.108.
2. In addition to the director of the department of health and senior services or the director's designee the membership of the board shall consist of one licensed physician, two licensed health professionals, one person from the field of health care education, four persons who have been in general administrative charge of a licensed nursing home for a period of at least five years immediately preceding their appointment, and two public members. In addition to these qualifications, the physician, the two licensed health care professionals, and the health care educator shall be citizens of the United States and taxpaying residents of the state of Missouri for one year preceding their appointments. The four appointees who have been in general administrative charge of a licensed nursing home shall be citizens of the United States and either residents of the state of Missouri for one year preceding their appointments or persons who have been licensed by the board and whose five years of employment in a licensed nursing home immediately preceding their appointment have occurred in the state of Missouri. The public members shall be citizens of the United States, residents of the state of Missouri for one year preceding their appointment, and registered voters. The public members shall be persons who are not, or never were, licensed nursing home administrators or the spouse of such persons, or persons who do not have or never have had a material, financial interest in either the providing of licensed nursing home services or in an activity or organization directly related to licensed nursing home administration. Neither the one licensed physician, the two licensed health professionals, nor the person from the health care education field shall have any financial interest in a licensed nursing home.
3. The members of the board shall be appointed for three-year terms or until their successors are appointed and qualified provided that no more than four members' terms shall expire in the same year. [All members appointed prior to September 28, 1979, shall serve the term for which they were appointed.] The governor shall fill any vacancies on the board as necessary. Appointment to fill an unexpired term shall not be considered an appointment for a full term. Board membership, continued until successors are appointed and qualified, shall not constitute an extension of the three-year term and the successors shall serve only the remainder of the term.
4. Every member shall receive a certificate of appointment; and every appointee, before entering upon his or her duties, shall take the oath of office required by article VII, section 11, of the Constitution of Missouri.
5. Any member of the board may be removed by the [director of the department of health and senior services] governor for misconduct, incompetency or neglect [to] of duty after first being given an opportunity to be heard in his or her own behalf.
361.070. 1. The director of finance and all employees of the division of finance, which term shall, for purposes of this section and section 361.080, include special agents, shall, before entering upon the discharge of their duties, take the oath of office prescribed by the constitution, and, in addition, take an oath that they will not reveal the conditions or affairs of any financial institution or any facts pertaining to the same, that may come to their knowledge by virtue of their official positions, unless required by law to do so in the discharge of the duties of their offices or when testifying in any court proceeding. For purposes of this section and section 361.080, "financial institution" shall mean any entity subject to chartering, licensing, or regulation by the division of finance.
2. The director of finance and all employees of the division of finance shall further execute to the state of Missouri good and sufficient bonds with corporate surety, to be approved by the governor and attorney general, conditioned that they will faithfully and impartially discharge the duties of their offices, and pay over to the persons entitled by law to receive it, all money coming into their hands by virtue of their offices. The principal amount of bond applicable to each employee shall be determined by the state banking and savings and loan board. The bond, after approval by the governor and attorney general, shall be filed with the secretary of state for safekeeping. The bond premiums, not to exceed one percent on the amount thereof, shall be paid out of the state treasury in the same manner as other expenses of the division.
3. Neither the director of finance nor any employees of the division of finance who participate in the examination of any bank or trust company, or who may be called upon to make any official decision or determination affecting the operation of any bank or trust company, other than the [banker] members of the state banking and savings and loan board who are required to have experience managing a bank or association as defined in chapter 369, shall be an officer, director, attorney, owner, or holder of stock in any bank or trust company or any bank holding company as that term is defined in section 362.910, RSMo, nor shall they receive, directly or indirectly, any payment or gratuity from any such organization, nor engage in the negotiation of loans for others with any state bank or trust company, nor be indebted to any state bank or trust company.
4. The director of finance, in connection with any examination or investigation of any person, company, or event, shall have the authority to compel the production of documents, in whatever form they may exist, and shall have the authority to compel the attendance of and administer oaths to any person having knowledge of any issue involved with the examination or investigation. The director may seek judicial enforcement of an administrative subpoena by application to the appropriate court. An administrative subpoena shall be subject to the same defenses or subject to a protective order or conditions as provided and deemed appropriate by the court in accordance with the Missouri Supreme Court Rules.
361.092. There is hereby created a "State Banking and Savings and Loan Board" which shall have such powers and duties as are conferred upon it by law. The state banking and savings and loan board with all of its powers, duties, and functions is assigned by type III transfer under the authority of the Omnibus State Reorganization Act of 1974 [and executive order 06-04] to the department of insurance, financial institutions and professional registration.
361.093. The state banking and savings and loan board shall advise [with] the director of finance as to the proper administration of his office and the banking laws of this state and make recommendations to the general assembly as to changes in these laws.
361.094. 1. The state banking and savings and loan board shall with reasonable promptness hear and by order determine all appeals permitted by law from refusals of the director of finance to grant certificates of incorporation to the proposed incorporators of banks, from refusals of the director of finance to issue certificates permitting changes in the articles of agreement of banks to provide for the relocation of these banks in other communities, from refusals of the director of finance to grant certificates of incorporation to the proposed incorporators of trust companies, and from refusals of the director of finance to issue certificates permitting changes in the articles of agreement of trust companies to provide for the relocation of these trust companies in other communities.
2. The state banking and savings and loan board shall hear and by order determine an appeal from the action of the director granting the incorporation or relocation of a bank or trust company upon application filed within ten days after the director's action by a bank, trust company, national banking association or other persons claiming to be adversely affected thereby. The application shall state the grounds upon which it is alleged that the action of the director should be stayed, reversed or altered. In reviewing an application for appeal, the board shall have access to all of the records and information used by the director in making his decision. A decision shall be rendered on the appeal within ninety days from the date of the application for appeal.
3. The board shall establish such rules as may be necessary to give effect to the provisions of this section. The rules may provide that the board or the chairman of the board may delegate responsibility for the conduct of investigations and the hearing of appeals provided under any section of this law to a member of the board or to a hearing officer designated by the board. Such hearing officer shall have the power to administer oaths, subpoena witnesses, compel the production of records pertinent to any hearing, and take any action in connection with such hearing which the board itself is authorized to take by law other than making the final decision and appropriate order. When the hearing has been completed, the individual board member or the hearing officer who conducted the hearing shall prepare a summary thereof and recommend a findings of fact, conclusions of law, decision and appropriate order for approval of the board. The board may adopt such recommendations in whole or in part, require the production of additional testimony, reassign the case for rehearing, or may itself conduct such new or additional hearing as is deemed necessary prior to rendering a final decision.
361.095. 1. The state banking and savings and loan board shall make rules and regulations, consistent with applicable law, for the proceedings in connection with the appeals provided for in section 361.094. No rule or portion of a rule promulgated under the authority of this chapter shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo.
2. The costs of the appeal shall be assessed against the losing party, and the board may require the deposit of a reasonable sum for the payment of costs at the time the appeal is brought. 3. At any hearing provided for in section 361.094 the director of the division of finance shall be deemed a party, and any person claiming to be adversely affected and any bank, trust company or national banking association located in the city or town and county in which the proposed bank or trust company is to be located upon incorporation or relocation may intervene. 4. The director of the division of finance shall act in accordance with any order of the state banking and savings and loan board made pursuant to section 361.094, but the order of the board shall be subject to judicial review as provided by law. Whether or not any review shall operate as a stay of the board's order shall be determined by the board.
361.096. 1. At any hearing provided for in section 361.094, the state banking and savings and loan board, or any member thereof, shall have power to administer oaths.
2. In connection with any such hearing, the board, or any member thereof, shall issue subpoenas and subpoenas duces tecum on the board's own motion or at the request of any intervenor or other party, which subpoenas or subpoenas duces tecum shall extend to all parts of the state and shall be signed by the secretary of the board or by any other member thereof. The board shall have power, on motion after due notice, for good cause to quash or modify any subpoena or subpoena duces tecum on the grounds that the same is unduly burdensome, unreasonable or oppressive. Subpoenas and subpoenas duces tecum may be served as in the case of subpoenas in civil actions in the circuit court and each witness who shall appear before the board in obedience to a subpoena or subpoena duces tecum shall receive for his attendance the fees and mileage provided for witnesses in civil actions in the circuit court, which shall be paid by the party at whose instance such subpoena or subpoena duces tecum was issued. In case of refusal of a witness to obey any such subpoena or subpoena duces tecum, or to testify when lawfully required to do so, the board may apply to a judge of the circuit court of the county of the hearing or of any county where the witness resides or may be found, for an order upon such witness to show cause why such subpoena or subpoena duces tecum should not be enforced, or the witness required to give such testimony, which said order and a copy of the application therefor shall be served upon the witness in the same manner as a summons in a civil action, and if said circuit court shall, after a hearing, determine that the subpoena or subpoena duces tecum should be sustained and enforced, or that the witness should be required to give such testimony, said court shall make an order to enforce such subpoena or subpoena duces tecum, or compel such testimony and may enforce such order as in the case of a subpoena or subpoena duces tecum, or refusal to testify, in a civil action in the circuit court.
361.097. 1. The state banking and savings and loan board shall consist of five members who shall be appointed by the governor, the senate concurring. No person shall be eligible for appointment unless he [shall be] or she is a resident of this state. One member shall be an attorney at law and a member of the Missouri Bar in good standing. Two members shall each have had at least [ten years'] five years of active bank management experience in this state [as an officer or director or partly as an officer and partly as a director of one or more state banks or trust companies or national banking associations, of which at least five years shall have been full-time, active bank management experience]. One member shall have had at least five years of active management experience in this state of one or more associations as defined in chapter 369. [The two other members] One member shall be [nonbankers] an individual who is not involved in the administration of a financial institution. Not more than three members of the board shall be members of the same political party. [The term of office of the board first appointed shall in the case of one member be two years; in the case of two members shall be four years; and in the case of the other two members shall be six years; with all said terms beginning August 29, 1955. All subsequent terms shall be for a term of six years from the expiration of the preceding term. The governor shall designate one member as chairman and another member as secretary of the board.]
2. The term of office of each member of the state banking and savings and loan board shall be six years. The board shall select its own chairman and secretary. The members of the state banking and savings and loan board shall hold office for the respective terms for which they are appointed and until their successors shall qualify. Vacancies [in said] on such board shall be filled by appointment for the unexpired term in the same manner as in the case of an original appointment.
361.098. 1. The members of the state banking and savings and loan board shall receive as compensation for their services the sum of one hundred dollars per day while discharging their duties, and shall be entitled to receive their necessary traveling and other expenses incurred while actually engaged in the performance of their duties as such members.
2. A majority of the members of the board shall constitute a quorum for the transaction of any business, for the performance of any duty or for the exercise of any power of the board. 3. The board may meet and exercise its powers in any place in this state and shall meet at any time upon the call of its chairman or of the director of the division of finance or of any two members of the board.
4. The board shall have an official seal bearing the inscription, "State Banking and Savings and Loan Board of the State of Missouri", which shall be judicially noticed.
361.105. 1. The director of finance, with the approval of the state banking and savings and loan board, shall have power to adopt, promulgate, amend and repeal rules and regulations necessary or desirable to carry out the duties assigned to the division by law relating to banks and trust companies and which are not inconsistent with the constitution or laws of this state. A copy of every rule and regulation shall be mailed to each bank and trust company, postage prepaid, at least fifteen days in advance of its effective date; except that the failure of a bank or trust company to receive a copy of a rule or regulation shall not exempt it from the duty of compliance with a rule or regulation lawfully promulgated hereunder. The director, in the exercise of the power to make rules and regulations hereunder, shall act in the interests of promoting and maintaining a sound banking system and sound trust companies, the security of deposits and depositors and other customers, the preservation of the liquid position of banks and in the interest of preventing injurious credit expansions and contractions.
2. No rule or portion of a rule promulgated under the authority of this chapter shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo.
362.040. In case the director shall not be satisfied, as the result of the examination, that the character, responsibility and general fitness of the persons named in the articles of agreement are up to the standard above provided, or that the convenience and needs of the community to be served justify and warrant the opening of the new bank or trust company therein, or that the probable volume of business in such locality is sufficient to insure and maintain the solvency of the new bank and the solvency of the then existing banks or trust companies in the locality, without endangering the safety of any bank or trust company in the locality as a place of deposit of public and private moneys; and on these accounts or any one of them shall refuse to grant the certificate of incorporation, [he] the director shall forthwith give notice thereof to the proposed incorporators from whom the articles of agreement were received, who, if they so desire, may within ten days thereafter appeal from the refusal to the state banking and savings and loan board.
362.105. 1. Every bank and trust company created under the laws of this state may for a fee or other consideration, directly or through a subsidiary company, and upon complying with any applicable licensing statute:
(1) Conduct the business of receiving money on deposit and allowing interest thereon not exceeding the legal rate or without allowing interest thereon, and of buying and selling exchange, gold, silver, coin of all kinds, uncurrent money, of loaning money upon real estate or personal property, and upon collateral of personal security at a rate of interest not exceeding that allowed by law, and also of buying, investing in, selling and discounting negotiable and nonnegotiable paper of all kinds, including bonds as well as all kinds of commercial paper; and for all loans and discounts made, the corporation may receive and retain the interest in advance;
(2) Accept for payment, at a future date, drafts drawn upon it by its customers and to issue letters of credit authorizing the holders thereof to draw drafts upon it or upon its correspondents at sight or on time not exceeding one year; provided, that no bank or trust company shall incur liabilities under this subdivision to an amount equal at any time in the aggregate to more than its paid-up and unimpaired capital stock and surplus fund, except with the approval of the director under such general regulations as to amount of acceptances as the director may prescribe;
(3) Purchase and hold, for the purpose of becoming a member of a Federal Reserve Bank, so much of the capital stock thereof as will qualify it for membership in the reserve bank pursuant to an act of Congress, approved December 23, 1913, entitled "The Federal Reserve Act" and any amendments thereto; to become a member of the Federal Reserve Bank, and to have and exercise all powers, not in conflict with the laws of this state, which are conferred upon any member by the Federal Reserve Act and any amendments thereto. The member bank or trust company and its directors, officers and stockholders shall continue to be subject, however, to all liabilities and duties imposed upon them by any law of this state and to all the provisions of this chapter relating to banks or trust companies;
(4) Subscribe for and purchase such stock in the Federal Deposit Insurance Corporation and to make such payments to and to make such deposits with the Federal Deposit Insurance Corporation and to pay such assessments made by such corporation as will enable the bank or trust company to obtain the benefits of the insurance of deposits under the act of Congress known as "The Banking Act of 1933" and any amendments thereto;
(5) Invest in a bank service corporation as defined by the act of Congress known as the "Bank Service Corporation Act", Public Law 87-856, as approved October 23, 1962, to the same extent as provided by that act or any amendment thereto;
(6) Hold a noncontrolling equity interest in any business entity that conducts only activities that are financial in nature or incidental to financial activity or that is established pursuant to subdivision (16) of this subsection where the majority of the stock or other interest is held by Missouri banks, Missouri trust companies, national banks located in Missouri, or any foreign bank with a branch or branches in Missouri, or any combination of these financial institutions; provided that if the entity is defined pursuant to Missouri law as any type of financial institution subsidiary or other type of entity subject to special conditions or regulations, those conditions and regulations shall remain applicable, and provided that such business entity may be formed as any type of business entity, in which each investor's liability is limited to the investment in and loans to the business entity as otherwise provided by law;
(7) Receive upon deposit for safekeeping personal property of every description, and to own or control a safety vault and rent the boxes therein;
(8) Purchase and hold the stock of one safe deposit company organized and existing under the laws of the state of Missouri and doing a safe deposit business on premises owned or leased by the bank or trust company at the main banking house and any branch operated by the bank or trust company; provided, that the purchasing and holding of the stock is first duly authorized by resolution of the board of directors of the bank or trust company and by the written approval of the director, and that all of the shares of the safe deposit company shall be purchased and held, and shall not be sold or transferred except as a whole and not be pledged at all, all sales or transfers or pledges in violation hereof to be void;
(9) Act as the fiscal or transfer agent of the United States, of any state, municipality, body politic or corporation and in such capacity to receive and disburse money, to transfer, register and countersign certificates of stock, bonds and other evidences of indebtedness;
(10) Acquire or convey real property for the following purposes:
(a) Real property conveyed to it in satisfaction or part satisfaction of debts previously contracted in the course of its business; and
(b) Real property purchased at sales under judgment, decrees or liens held by it;
(11) Purchase, hold and become the owner and lessor of personal property acquired upon the specific request of and for use of a customer; and, in addition, leases that neither anticipate full purchase price repayment on the leased asset, nor require the lease to cover the physical life of the asset, other than those for motor vehicles which will not be used by bank or trust company personnel, and may incur such additional obligations as may be incident to becoming an owner and lessor of the property, subject to the following limitations:
(a) Lease transactions do not result in loans for the purpose of section 362.170, but the total amount disbursed under leasing obligations or rentals by any bank to any person, partnership, association, or corporation shall at no time exceed the legal loan limit permitted by statute except upon the written approval of the director of finance;
(b) Lease payments are in the nature of rent rather than interest, and the provisions of chapter 408, RSMo, are not applicable;
(12) Contract with another bank or trust company, bank service corporation or other partnership, corporation, association or person, within or without the state, to render or receive services such as check and deposit sorting and posting, computation and posting of interest and other credits and charges, preparation and mailing of checks, statements, notices, and similar items, or any other clerical, bookkeeping, accounting, statistical, financial counseling, or similar services, or the storage, transmitting or processing of any information or data; except that, the contract shall provide, to the satisfaction of the director of finance, that the party providing such services to a bank or trust company will be subject to regulation and examination to the same extent as if the services were being performed by the bank or trust company on its own premises. This subdivision shall not be deemed to authorize a bank or trust company to provide any customer services through any system of electronic funds transfer at places other than bank premises;
(13) Purchase and hold stock in a corporation whose only purpose is to purchase, lease, hold or convey real property of a character which the bank or trust company holding stock in the corporation could itself purchase, lease, hold or convey pursuant to the provisions of paragraph (a) of subdivision (10) of this subsection; provided, the purchase and holding of the stock is first duly authorized by resolution of the board of directors of the bank or trust company and by the written approval of the director, and that all of the shares of the corporation shall be purchased and held by the bank or trust company and shall not be sold or transferred except as a whole;
(14) Purchase and sell investment securities, without recourse, solely upon order and for the account of customers; and establish and maintain one or more mutual funds and offer to the public shares or participations therein. Any bank which engages in such activity shall comply with all provisions of chapter 409, RSMo, regarding the licensing and registration of sales personnel for mutual funds so offered, provided that such banks shall register as a broker-dealer with the office of the commissioner of securities and shall consent to supervision and inspection by that office and shall be subject to the continuing jurisdiction of that office;
(15) Make debt or equity investments in corporations or projects, whether for profit or not for profit, designed to promote the development of the community and its welfare, provided that the aggregate investment in all such corporations and in all such projects does not exceed five percent of the unimpaired capital of the bank, and provided that this limitation shall not apply to loans made under the authority of other provisions of law, and other provisions of law shall not limit this subdivision;
(16) Offer through one or more subsidiaries any products and services which a national bank may offer through its financial subsidiaries, subject to the limitations that are applicable to national bank financial subsidiaries, and provided such bank or trust company meets the division of finance safety and soundness considerations. This subdivision is enacted to provide in part competitive equality with national banks' powers under the Gramm-Leach-Bliley Act of 1999, Public Law 106-102.
2. In addition to the power and authorities granted in subsection 1 of this section, and notwithstanding any limitations therein, a bank or trust company may:
(1) Purchase or lease, in an amount not exceeding its legal loan limit, real property and improvements thereto suitable for the convenient conduct of its functions. The bank may derive income from renting or leasing such real property or improvements or both. If the purchase or lease of such real property or improvements exceeds the legal loan limit or is from an officer, director, employee, affiliate, principal shareholder or a related interest of such person, prior approval shall be obtained from the director of finance; and
(2) Loan money on real estate and handle escrows, settlements and closings on real estate for the benefit of the bank's customers, as a core part of the banking business, notwithstanding any other provision of law to the contrary.
3. In addition to the powers and authorities granted in subsection 1 of this section, every trust company created under the laws of this state shall be authorized and empowered to:
(1) Receive money in trust and to accumulate the same at such rate of interest as may be obtained or agreed upon, or to allow such interest thereon as may be prescribed or agreed;
(2) Accept and execute all such trusts and perform such duties of every description as may be committed to it by any person or persons whatsoever, or any corporation, and act as assignee, receiver, trustee and depositary, and to accept and execute all such trusts and perform such duties of every description as may be committed or transferred to it by order, judgment or decree of any courts of record of this state or other states, or of the United States;
(3) Take, accept and hold, by the order, judgment or decree of any court of this state, or of any other state, or of the United States, or by gift, grant, assignment, transfer, devise or bequest of any person or corporation, any real or personal property in trust, and to execute and perform any and all the legal and lawful trusts in regard to the same upon the terms, conditions, limitations and restrictions which may be declared, imposed, established or agreed upon in and by the order, judgment, decree, gift, grant, assignment, transfer, devise or bequest;
(4) Buy, invest in and sell all kinds of stocks or other investment securities;
(5) Execute, as principal or surety, any bond or bonds required by law to be given in any proceeding, in law or equity, in any of the courts of this state or other states, or of the United States;
(6) Act as trustee, personal representative, or conservator or in any other like fiduciary capacity;
(7) Act as attorney-in-fact or agent of any person or corporation, foreign or domestic, in the management and control of real or personal property, the sale or conveyance of same, the investment of money, and for any other lawful purpose.
4. (1) In addition to the powers and authorities granted in this section, the director of finance may, from time to time, with the approval of the state banking and savings and loan board, issue orders granting such other powers and authorities as have been granted to financial institutions subject to the supervision of the federal government to:
(a) State-chartered banks and trust companies which are necessary to enable such banks and trust companies to compete;
(b) State-chartered banks and trust companies to establish branches to the same extent that federal law permits national banks to establish branches;
(c) Subsidiaries of state-chartered banks and trust companies to the same extent powers are granted to national bank subsidiaries to enable such banks and trust companies to compete;
(d) State-chartered banks and trust companies to establish trust representative offices to the same extent national banks are permitted such offices.
(2) The orders shall be promulgated as provided in section 361.105, RSMo, and shall not be inconsistent with the constitution and the laws of this state.
5. As used in this section, the term "subsidiary" shall include one or more business entities of which the bank or trust company is the owner, provided the owner's liability is limited by the investment in and loans to the subsidiary as otherwise provided for by law.
6. A bank or trust company to which authority is granted by regulation in subsection 4 of this section, based on the population of the political subdivision, may continue to exercise such authority for up to five years after the appropriate decennial census indicates that the population of the town in which such bank or trust company is located has exceeded the limits provided for by regulation pursuant to subsection 4 of this section.
362.111. A bank or trust company may impose fees or service charges on deposit accounts; however, such fees or service charges are subject to such conditions or requirements that may be fixed by regulations pursuant to section 361.105, RSMo, by the director of the division of finance and the state banking and savings and loan board. Notwithstanding any law to the contrary, no such condition or requirement shall be more restrictive than the fees or service charges on deposit accounts or similar accounts permitted any federally chartered depository institution.
362.325. 1. Any bank or trust company may, at any time, and in any amount, increase or, with the approval of the director, reduce its capital stock (as to its authorized but unissued shares, its issued shares, and its capital stock as represented by such issued shares), including a reduction of capital stock by reverse stock split, change its name, change or extend its business or the length of its corporate life, avail itself of the privileges and provisions of this chapter or otherwise change its articles of agreement in any way not inconsistent with the provisions of this chapter, with the consent of the persons holding a majority of the stock of the bank or trust company, which consent shall be obtained at an annual meeting or at a special meeting of the shareholders called for that purpose. A bank or trust company may, but shall not be obligated to, issue a certificate for a fractional share, and, by action of its board of directors, may in lieu thereof, pay cash equal to the value of the fractional share.
2. The meeting shall be called and notice given as provided in section 362.044.
3. If, at any time and place specified in the notice, stockholders shall appear in person or by proxy, in number representing not less than a majority of all the shares of stock of the bank or trust company, they shall organize by choosing one of the directors as chairman of the meeting, and a suitable person for secretary, and proceed to a vote of those present in person or by proxy.
4. If, upon a canvass of the vote at the meeting, it is ascertained that the proposition has carried, it shall be so declared by the president of the meeting and the proceedings entered of record.
5. When the full amount of the proposed increase has been bona fide subscribed and paid in cash to the board of directors of the bank or trust company or the change has been duly authorized, then a statement of the proceedings, showing a compliance with the provisions of this chapter, the increase of capital actually subscribed and paid up or the change shall be made out, signed and verified by the affidavit of the president and countersigned by the cashier, or secretary, and such statement shall be acknowledged by the president and one certified copy filed in the public records of the division of finance.
6. Upon the filing of the certified copy the director shall promptly satisfy himself or herself that there has been a compliance in good faith with all the requirements of the law relating to the increase, decrease or change, and when he or she is so satisfied he or she shall issue a certificate that the bank or trust company has complied with the law made and provided for the increase or decrease of capital stock, and the amount to which the capital stock has been increased or decreased or for the change in the length of its corporate life or any other change provided for in this section. Thereupon, the capital stock of the bank or trust company shall be increased or decreased to the amount specified in the certificate or the length of the corporate life of the bank shall be changed or other authorized change made as specified in the certificate. The certificate, or certified copies thereof, shall be taken in all the courts of the state as evidence of the increase, decrease or change.
7. Provided, however, that if the change undertaken by the bank or trust company in its articles of agreement shall provide for the relocation of the bank or trust company in another community, the director shall make or cause to be made an examination to ascertain whether the convenience and needs of the new community wherein the bank desires to locate are such as to justify and warrant the opening of the bank therein and whether the probable volume of business at the new location is sufficient to ensure and maintain the solvency of the bank and the solvency of the then existing banks and trust companies at the location, without endangering the safety of any bank or trust company in the locality as a place of deposit of public and private moneys, and, if the director, as a result of the examination, be not satisfied in the particulars mentioned or either of them, he or she may refuse to issue the certificate applied for, in which event he or she shall forthwith give notice of his or her refusal to the bank applying for the certificate, which if it so desires may, within ten days thereafter, appeal from the refusal to the state banking and savings and loan board.
8. All certificates issued by the director of finance relating to amendments to the charter of any bank shall be provided to the bank or trust company and one certified copy filed in the public records of the division of finance.
9. The board of directors may designate a chief executive officer, and such officer will replace the president for purposes of this section.
369.014. As used in this chapter, unless the context clearly requires a different meaning, the following words and terms shall have the meanings indicated:
(1) "Account", the monetary interest of the owner thereof in the deposit capital of an association and consists of the withdrawal value of such interest;
(2) "Agency", a place of business other than the home office or a branch office at which an agent of the association transacts authorized business of the association;
(3) "Association", a savings and loan association or a savings association subject to the provisions of this chapter;
(4) "Board", the state banking and savings and loan board established under chapter 361;
(5) "Branch", a place of business other than the home office at which is transacted authorized business of the association;
[(5)] (6) "Capital", the capital stock and any other capital contributions in a capital stock association;
[(6)] (7) "Capital stock", shares of nonwithdrawable capital issued by a capital stock association which may be issued as permitted under chapter 351, RSMo;
[(7)] (8) "Capital stock association", an association which issues capital stock;
[(8) "Commission", the state savings and loan commission;]
(9) "County" includes the city of St. Louis;
(10) "Deposit capital", the aggregate of deposits in accounts plus earnings credited thereto less lawful deductions therefrom;
(11) "Director of the division of finance", the chief officer of the division of finance;
(12) "Earnings", that part of the net income of an association which is payable to or credited to the owners of accounts. Earnings do not include capital stock, dividends paid or payable on capital stock or other distributions thereon. Earnings also may be referred to as interest;
(13) "Federal association" or "federal savings association", an association chartered by the Office of Thrift Supervision or any successor thereto as provided in section 5 of the Home Owners Loan Act of 1933, as amended;
(14) "Foreign association", any association or federal association with its principal office located outside Missouri;
(15) "Foreign holding company", any company or corporation authorized or existing under the laws of any jurisdiction or authority other than Missouri which directly or indirectly controls a foreign association;
(16) "Home office", the location named in the articles of incorporation or the new location in place thereof approved by the director of the division of finance. If no location is named in the articles of incorporation, the association shall file with the director of the division of finance the location of its home office;
(17) "Impaired condition", the inability of an association to pay its debts as they become due in the usual course of its business;
(18) "Insured association", an association the accounts of which are insured, fully or in part, as provided in this chapter;
(19) "Liquid assets", cash on hand and on deposit with banks including federal home loan banks and such other assets as may be so designated from time to time by the director of the division of finance;
(20) "Member", a person owning an account of a mutual association or a person borrowing from or assuming or obligated upon or owning property securing a loan held by a mutual association;
(21) "Mutual association", an association not having capital stock;
(22) "Office", any place at which business of the association is conducted on a regular and continuing basis;
(23) "Person", any individual, corporation, entity, voting trust, business trust, partnership, association, syndicate, or organized group of persons whether incorporated or not;
(24) "Security instrument", mortgage, deed of trust, or other instrument in which real or personal property is security for a debt;
(25) "Stockholder", a person owning capital stock of a capital stock association;
(26) "Withdrawal value", the amount deposited in an account in an association plus earnings credited thereto less lawful deductions therefrom.
369.024. 1. Upon receipt of a petition for certificate of incorporation, the director of the division of finance shall, based upon the petition and all supporting information and upon such independent investigation and examination as the director may make, either refuse the petition or tentatively approve it. The petition shall be refused if the director of the division of finance finds that the proposed association is to be formed for any other than legitimate savings and loan purposes, or that the character and general fitness of the incorporators, or of the initial stockholders, if any, are not such as to command public confidence, or that the proposed directors and officers are not such as to tend to the success of the proposed association, or that the public convenience and advantage will not be promoted by its establishment, or that there is no public need for, or the volume of business in the location is insufficient to justify, another association. The refusal shall be in writing with the reasons therefor stated and shall be sent by registered mail to the chairman of incorporators.
2. If the director of the division of finance tentatively approves the petition, the director shall give written notice to each association and each federal association with an office in the county or in a county adjoining the county in which the proposed association is to be located, stating the name of the proposed association, where it proposes to establish the principal office of the association and that a petition for certificate of incorporation has been approved tentatively. Any association entitled to receive notice may within thirty days from the date of mailing of the notice make written protest to the director of the division of finance against the granting of the petition for incorporation. If no protest is filed within that time, the director of the division of finance shall make a final decision upon the petition either denying or granting the petition and notice thereof shall be sent by registered mail to the chairman of incorporators.
3. If a protest is filed, the director of the division of finance shall, if requested, and may on the director's own motion, conduct a hearing not less than ten nor more than thirty days following the end of the time for protest. Upon application of any party for good cause, or upon the director of the division of finance's own motion, the date of the hearing may be postponed. Notice shall be given stating the time and place of the hearing to the chairman of incorporators and to each protesting party. Any interested person may appear at the hearing in person or by counsel and offer any relevant evidence. Following the hearing the director of the division of finance shall deny or grant the petition and give written notice of the director's decision to all interested parties.
4. The petition shall not be granted, either with or without the hearing provided for in this section, except upon affirmative findings from all the evidence that the requirements of sections 369.010 to 369.369 have been complied with and that:
(1) The persons named in the petition are citizens of the United States of good character and responsibility; and
(2) There is a necessity for the proposed association in the area to be served by it; and
(3) There is a reasonable probability of usefulness and success of the proposed association; and
(4) The proposed association can be established without undue injury to any properly conducted association or federal association.
5. The director of the division of finance may, either with or without the hearing provided for in this section, and the state banking and savings and loan [commission] board may upon an appeal from the ruling of the director of the division of finance, require as a condition of approving the petition that the proposed association obtain a firm commitment for insurance of its accounts from the Federal Deposit Insurance Corporation or any successor thereto or from any agency of this state insuring savings accounts or from any other insurer approved by the director of the division of finance.
6. If the petition is approved, the director of the division of finance shall, upon receipt of the sworn statement of the chairman of incorporators that the initial savings accounts and the expense fund provided for in sections 369.010 to 369.369 have been paid in full in cash, or, if a capital stock association, all subscriptions for capital stock have been paid in full, certify the approval of the petition in writing to the secretary of state and deliver to the secretary of state the incorporation fee and two copies of the articles of incorporation. From the time of such approval, the association shall be subject to all provisions of sections 369.010 to 369.369 and to supervision and control by the director of the division of finance. The secretary of state shall thereupon issue the certificate of incorporation.
369.144. Each association incorporated pursuant to or operating under the provisions of sections 369.010 to 369.369 has all the powers enumerated, authorized, and permitted by sections 369.010 to 369.369 and such other rights, privileges, and powers as may be incidental to or reasonably necessary to exercise such powers granted herein. Among others, and except as otherwise limited by the provisions of sections 369.010 to 369.369, each association has the following powers:
(1) To have perpetual existence; to adopt and use a corporate seal, which may be affixed by imprint, facsimile, or otherwise; and to adopt and amend bylaws as provided in sections 369.010 to 369.369;
(2) To sue and be sued, complain and defend in any court of law or equity;
(3) To acquire, hold, sell, dispose of and convey real and personal property; and to mortgage, pledge, or lease any real or personal property in the exercise of the powers granted herein; provided, however, that such leasing activities are limited to the extent permitted a federal association;
(4) To borrow from sources, individual or corporate. All such loans and advances may be secured by property of the association, and may be evidenced by such notes, bonds, debentures, or other obligations or securities as the director of the division of finance may authorize for all associations;
(5) To obtain and maintain insurance of its accounts by the Federal Deposit Insurance Corporation or any successor thereto, or by any agency of this state insuring accounts in associations, or by any other insurer approved by the director of the division of finance, and may comply with conditions necessary to obtain and maintain such insurance;
(6) To qualify as and become a member of a Federal Home Loan Bank;
(7) In addition to the powers and authorities granted in this section, the director of the division of finance may, from time to time, with the approval of the [commission] state banking and savings and loan board, issue regulations granting such other powers and authorities as have been granted to federal associations subject to the supervision of the Office of Thrift Supervision or any successor thereto which are necessary to enable associations to compete. The regulations shall be promulgated as provided in this chapter and shall not be inconsistent with the constitution and laws of this state;
(8) To appoint officers, agents, and employees as its business shall require and to provide them suitable compensation; to enter into employment contracts not to exceed five years in duration; to provide for life, health and casualty insurance for officers, employees and directors who are not officers, and to adopt and operate reasonable bonus plans, retirement benefits and deferred compensation plans for such officers and employees; to adopt and operate stock option and similar incentive compensation programs by capital stock associations; and to provide for indemnification of its officers, employees and directors as prescribed or permitted by sections 369.010 to 369.369 whether by insurance or otherwise;
(9) To become a member of, deal with, or make reasonable payments or contributions to any organization to the extent that such organization assists in furthering or facilitating the association's purposes, powers or community responsibilities, and to comply with any reasonable conditions of eligibility;
(10) To sell money orders, travel checks and similar instruments drawn by it on its commercial bank accounts, accounts it has with the district Federal Home Loan Bank or as agent for any organization empowered to sell such instruments through agents within the state;
(11) When an association is a member of a Federal Home Loan Bank, to act as fiscal agent of the United States, and, when so designated by the Secretary of the Treasury, to perform, under such regulations as the Secretary may prescribe, all such reasonable duties as fiscal agents for the United States as the Secretary may require; and to act as agent for any instrumentality of the United States and as agent of this state or any instrumentality thereof;
(12) To service loans and investments for others;
(13) When an association is insured, to act as trustee of any trust created or organized in the United States and forming part of a stock bonus, pension, or profit-sharing plan which qualifies or qualified for specific tax treatment under section 401(d) of the Internal Revenue Code of 1954 as amended, if the funds of such trust are invested only in accounts or deposits in such association or in obligations or securities issued by such association. All funds held in such fiduciary capacity by any such association may be commingled for appropriate purposes of investment, but individual records shall be kept by the fiduciary for each participant and shall show in proper detail all transactions engaged in under the authority of this subdivision;
(14) To act as agent for others in any transaction incidental to the operation of its business;
(15) To accept deposits, and to lend and invest its funds as provided in sections 369.010 to 369.369;
(16) To use abbreviations, words or symbols in connection with any document of any nature and on checks, proxies, notices and other instruments, which abbreviations, words, or symbols shall have the same force and legal effect as though the respective words and phrases for which they stand were set forth in full;
(17) To act as custodian or keeper of microfilm records of other savings associations or place microfilm records of the association for storage and safekeeping with another association;
(18) To make donations in reasonable amounts for the public welfare or for charitable, scientific, religious, or educational purposes;
(19) To act as agent for any electric, gas, water, telephone or other public utility company operating within this state in receiving moneys due such company for utility services furnished by such company;
(20) To enter into agreements with others to supply data processing services and for the use of data processing equipment owned or controlled by the association.
369.159. An association may impose fees or service charges on accounts; however, such fees or service charges are subject to such conditions or requirements that may be fixed by regulations pursuant to section 369.301 by the director of the division of finance and the [state savings and loan commission] board. Notwithstanding any law to the contrary, no such condition or requirement shall be more restrictive than the fees or service charges on deposit accounts or similar accounts permitted any federally chartered depository institution.
369.294. 1. The director of the division of finance and examiners shall not be interested in an association directly or indirectly either as creditor (except that each may be an account holder and receive earnings thereon), director, officer, employee, trustee, attorney or borrower (except for a loan on the home property owned and occupied by the director or examiner or a share loan), nor shall any one of them receive directly or indirectly any payment, compensation or gratuity from any association.
2. The director, the examiners and all employees of the division of finance and members of the [state savings and loan commission] board shall not divulge any information acquired in the discharge of their duties except insofar as required by law or order of court. The director may, however, furnish information to the Office of Thrift Supervision or any successor thereto, the Federal Deposit Insurance Corporation or any successor thereto, any federal home loan bank or savings departments of other states.
369.299. The director of the division of finance shall:
(1) Exercise all rights, powers and duties set forth in sections 369.010 to 369.369 or as may be otherwise provided by law;
(2) Establish, amend, supplement and revoke, subject to the approval of the [state savings and loan commission] board, all regulations authorized by the provisions of sections 369.010 to 369.369 and such additional regulations as may be reasonable or necessary to provide for the organization, incorporation, examination, operation, and regulation of associations, and service corporations, and the director may by regulation provide that an association shall have all powers, rights, and privileges which it would have from time to time if organized and operating in Missouri as a federal association under the laws of the United States. The director shall deliver by mail to each association a copy of any proposed regulation or change in an existing regulation. If five or more associations protest the proposed regulation or change and request a hearing thereon within fifteen days thereafter, the director shall conduct a hearing before acting thereon;
(3) Direct and supervise all the activities of the office;
(4) Exercise general supervision over all associations and all corporations which are owned in whole or in part by an association or associations;
(5) Upon request of the governor make a report in writing to the governor on or before the first day of March as to the financial condition as of December thirty-first of the preceding year of each association;
(6) Have charge of the execution of laws relating to savings associations with authority to sue in the director's name to enforce any law of this state applying to an association or to a corporation in which an association has an interest, or applying to the officers, directors or employees of any association.
369.314. The [commission] board shall:
(1) Approve or disapprove each regulation proposed by the director of the division of finance pertaining to savings and loan associations; and
(2) Hear and determine any appeal [from] permitted by law, including but not limited to an order or decision of the director pertaining to the incorporation, relocation or branching of savings and loan associations, which shall be conducted as provided in chapter 361.
369.329. No association may establish or maintain a branch office or agency without the prior written approval of the director of the division of finance, except that temporary and incidental agencies may be created for individual transactions and for special temporary purposes without such approval. Each application for approval of the establishment and maintenance of a branch office or one or more agencies shall state the proposed location of the branch office or agency, the functions to be performed at the office or agency, the estimated volume of business at the branch office or agency, the estimated annual expense of the branch office or agency and the mode of payments for the branch office or agency and such additional matters as the director of the division of finance by regulation may require. Each such application shall be accompanied by a budget of the association for the current earnings period and for the next succeeding semiannual period, which reflects the estimated additional expense of the maintenance of each such branch office or agency. No branch application shall be granted if, in the opinion of the director or a majority of the members of the [commission] board on appeal, the policies, condition or operation of the applicant afford a basis for supervisory objection to the application. The director of the division of finance may hold a hearing at the director's discretion on the application in accordance with such procedures as the director by regulation may require.
371.060. 1. Immediately upon the filing of the certificate of organization by the applicants, the director of finance shall submit to the state banking and savings and loan board the proposed articles of incorporation and the certificate of organization of the applicants and as soon as practicable thereafter the state banking and savings and loan board shall direct the director of finance to issue to the applicants a certificate of incorporation in such form as it may prescribe, if the board, from the best information available, determines that
(1) Public convenience and necessity require the development finance corporation;
(2) The holders of the fully paid stock of the corporation are at least ten in number;
(3) That not less than two hundred fifty shares of no par value stock issued at one hundred dollars per share have been subscribed and fully paid for in cash;
(4) The bylaws and regulations submitted, if any, are in conformity with the articles of incorporation and the provisions of this chapter and not in conflict with any law of this state.
2. The director of finance shall return to the applicants one of the articles of incorporation submitted to him and shall endorse thereon the issuance by him of the certificate of incorporation.
371.090. 1. The articles of incorporation may be amended by a majority vote of the stockholders at any regular meeting or at a special meeting called for that purpose.
2. Articles of amendment signed by the president or vice president and attested by the secretary certifying to the amendment and its lawful adoption shall be executed, acknowledged and filed with the director of finance and, when approved by the state banking and savings and loan board, recorded with a certificate of the director of finance approving the articles of amendment, in the same manner as the original articles of incorporation. As soon as the director of finance issues his certificate of amendment the amendment is in effect.
371.240. 1. Any corporation organized under this chapter, after the payment in full and cancellation of all its bonds and other obligations issued under the provisions of this chapter, or after the deposit in trust with the respective trustees designated in any deeds of trust given to secure the payment of any such obligation of a sum of money sufficient for the purpose, may dissolve by the vote of a majority of the stockholders at any regular meeting or at a special meeting called for that purpose.
2. A certificate of dissolution shall be signed by the president or vice president and attested by the secretary, certifying to the dissolution and that they have been authorized by lawful action of the stockholders to execute and file such certificate. The certificate of dissolution shall be executed, acknowledged and filed with the director of finance and, when approved by the state banking and savings and loan board, shall be recorded in the same manner as the original articles of incorporation. When the director has endorsed the approval of the state banking and savings and loan board on the certificate of dissolution the corporation is deemed to be dissolved.
3. The corporation shall, however, continue for the purpose of paying, satisfying and discharging any other existing liabilities or obligations and for collecting or liquidating its assets, and doing all other acts required to adjust and wind up its business and affairs, and may sue and be sued in its corporate name.
4. Any assets remaining after all liabilities and obligations have been satisfied shall be distributed pro rata among the stockholders of the corporation.
620.580. Sections 620.580 to 620.592 shall be known and may be cited as the "Missouri Community Service Act".
620.582. As used in sections 620.580 to 620.592, the following terms mean:
(1) "Act", the national and community service act of 1990, as amended;
(2) "Commission", the Missouri community service commission created by sections 620.580 to 620.592;
(3) "Community service programs", the performance of tasks designed primarily to address educational, public safety, human, or environmental needs at a local, regional, state, or multistate level;
(4) "Corporation", the corporation for national and community service authorized by the act;
(5) "National service position", a placement in a community service program whereby an individual may earn an educational award, as authorized by the act;
(6) "National service laws", the act and other federal legislation that authorizes or may authorize community service activities in states.
620.584. 1. The Missouri community service commission is assigned to the department of economic development.
2. The commission is established to make community service the common expectation and experience of all Missourians with a special concentration on Missouri's young people. The commission shall focus its efforts primarily on issues related to education, public safety, human needs and the environment.
3. The commission shall work to renew the ethic of civic responsibility in Missouri and to involve and enroll citizens in service opportunities that benefit Missouri while offering citizens skills that can be used to further their own plans for education, for a career, or for continuing community services. The commission shall build on the existing organizational framework of state, local, and community-based programs and agencies to expand full-time and part-time service opportunities for all citizens, but particularly Missouri's youth.
620.586. 1. The commission shall include fourteen voting members appointed by the governor with the advice and consent of the senate. The commission shall include the following voting members:
(1) A representative of local government;
(2) The commissioner of the department of elementary and secondary education or the designee of such person;
(3) An individual with experience in promoting the involvement of older adults in service and volunteerism;
(4) A representative of a national service program;
(5) An individual with expertise in the educational, training, and development needs of youth, particularly disadvantaged youth;
(6) An individual between the ages of sixteen and twenty-five years who is a participant in or supervisor of a service program for school age youth, or a campus-based or national service program;
(7) A representative of community-based agencies or organizations in the state;
(8) A representative of labor organizations;
(9) A member representing the business community;
(10) The lieutenant governor or his or her designee;
(11) A representative from the corporation for national and community service, who shall serve as a nonvoting, ex officio member;
(12) Four other members, appointed by the governor, provided that no more than twenty percent of the voting members are officers or employees of the state, and provided further that not more than fifty percent plus one of the voting members of the commission are members of the same political party;
(13) The governor may appoint any number of other nonvoting, ex officio members who shall serve at the pleasure of the governor.
2. Appointments to the commission shall reflect the race, ethnicity, age, gender, and disability characteristics of the population of the state as a whole.
3. Voting members shall serve renewable terms of three years, except that of the first members appointed, one-third shall serve for a term of one year, one-third shall serve for a term of two years, and one-third shall serve for a term of three years. If a commission vacancy occurs, the governor shall appoint a new member to serve for the remainder of the unexpired term. Vacancies shall not affect the power of the remaining members to execute the commission's duties.
4. The members of the commission shall receive no compensation for their services on the commission, but shall be reimbursed for ordinary and necessary expenses incurred in the performance of their duties.
5. The voting members of the commission shall elect one of their members to serve as chairperson of the commission. The voting members may elect such other officers as deemed necessary.
6. The commission shall meet at least quarterly.
620.588. 1. The commission shall have the following powers and duties:
(1) To ensure that its funding decisions meet all federal and state statutory requirements;
(2) To prepare for this state an annual national service plan that follows state and federal guidelines;
(3) To recommend innovative statewide service programs to increase volunteer participation and community-based problem solving by all age groups and among diverse participants;
(4) To utilize local, state, and federal resources to initiate, strengthen, and expand quality service programs;
(5) To promote interagency collaboration to maximize resources and develop a model of such collaboration on the state level;
(6) To oversee the application process to apply for corporation grants and funds, and for approval of service positions;
(7) To establish priorities, policies, and procedures for the use of funds received under national service laws and for funds deposited into the community service commission fund established in section 620.592;
(8) To provide technical assistance for applicants to plan and implement service programs and to apply for assistance under the national service laws;
(9) To solicit and accept gifts, contributions, grants, bequests, or other aid from any person, business, organization or foundation, public or private and from federal, state or local government or any agency of federal, state or local government.
2. The commission shall have other powers and duties in addition to those listed in subsection 1 of this section, including:
(1) To utilize staff within the department of economic development, the office of a designated statewide elected official or other executive departments as needed for this purpose; and
(2) To enter into contracts with individuals, organizations, and institutions within amounts available for this purpose.
620.590. 1. All state agencies, the University of Missouri extension system, and any unit of local government, including school districts, may share information and cooperate with the commission to enable it to perform the functions assigned to it by state and federal law.
2. Any state agency that operates or plans to establish a community service program may coordinate its efforts with the commission.
620.592. 1. There is hereby created in the state treasury the "Community Service Commission Fund". The state treasurer shall deposit to the credit of the fund all moneys which may be appropriated to it by the general assembly and also any gifts, contributions, grants, bequests, or other aid received from federal, private, or other sources. The general assembly may appropriate moneys into the fund for the support of the commission and its activities. Notwithstanding the provisions of section 33.080 to the contrary, moneys in the fund shall not revert to the credit of the general revenue fund at the end of the biennium.
2. The commission shall submit an annual report of its activities to the speaker of the house of representatives, the president pro tem of the senate, and the governor before January thirty-first of each year.
620.638. As used in sections 620.635 to 620.653, the following terms mean:
(1) ["Board", the Missouri seed capital investment board, as established pursuant to section 620.641;
(2)] "Committed contributions", the total amount of qualified contributions that are committed to a qualifying fund by contractual agreement;
[(3)] (2) "Corporation", the Missouri technology corporation as established pursuant to section 348.251, RSMo;
[(4)] (3) "Department", the department of economic development;
[(5)] (4) "Director", the director of the department of economic development;
[(6)] (5) "Follow-up capital", capital provided to a qualified business in which a qualified fund has previously invested seed capital or start-up capital. No more than forty percent of the qualified contributions to a qualified fund may be used for follow-up capital, and no qualified contributions which generate tax credits before the second round of allocations as authorized by section 620.650 shall be used for follow-up capital investments;
[(7)] (6) "Person", any individual, corporation, partnership, limited liability company or other entity, including any charitable organization which is exempt from federal income tax and whose Missouri unrelated business taxable income, if any, would be subject to the state income tax imposed under chapter 143, RSMo;
[(8)] (7) "Positive cash flow", total cash receipts from sales or services, but not from investments or loans, exceeding total cash expenditures as calculated on a fiscal year basis;
[(9)] (8) "Qualified business", any independently owned and operated business which is headquartered and located in Missouri and which is involved in or intends to be involved in commerce for the purpose of manufacturing, processing or assembling products, conducting research and development, or providing services in interstate commerce. Such a business shall maintain its headquarters in Missouri for a period of at least three years from the date of receipt of a qualified investment or be subject to penalties pursuant to section 620.017;
[(10)] (9) "Qualified contribution", cash contributions to a qualified fund pursuant to the terms of contractual agreements made between the qualified fund and a qualified economic development organization authorized by the [board] corporation to enter into such contracts;
[(11)] (10) "Qualified economic development organization", any corporation organized pursuant to the provisions of chapter 355, RSMo, that, as of January 1, 1991, had obtained a contract with the department to operate an innovation center to promote, assist and coordinate the research and development of new services, products or processes in this state;
[(12)] (11) "Qualified fund", a fund established by any corporation, partnership, joint venture, unincorporated association, trust or other organization established pursuant to the laws of Missouri and approved by [the board or] the corporation;
[(13)] (12) "Qualified investment", any investment of seed capital, start-up capital or follow-up capital in a qualified business that does not cause more than ten percent of all the qualified contributions to a qualified fund to be invested in a single qualified business;
[(14)] (13) "Seed capital", capital provided to a qualified business for research, development and precommercialization activities to prove a concept for a new product, process or service, and for activities related thereto; provided that, seed capital shall not be provided to any business which in a past fiscal year has experienced a positive cash flow;
[(15)] (14) "Start-up capital", capital provided to a qualified business for use in preproduction product development, service development or initial marketing thereof; provided that, start-up capital shall not be provided to any business which has experienced a positive cash flow in a past fiscal year;
[(16)] (15) "Uninvested capital", that portion of any qualified contribution to a qualified fund, other than management fees not to exceed three percent per year of committed contributions, qualified investments and other expenses or fees authorized by the [board] corporation, that is not invested as a qualified investment within ten years of its receipt.
620.641. [There is hereby established the "Missouri Seed Capital Investment Board", to be composed of thirteen persons. One person shall be the director, or the director's designee, and each qualified economic development organization, not to exceed four, shall respectively be represented by one member appointed by each organization. Eight members shall be appointed by the governor with the advice and consent of the senate. Of these, one shall represent a major public research university located within the state, one shall represent a major private research university located within the state and the remaining six members shall have backgrounds in technology, banking, labor or small business development. The eight members appointed by the governor shall serve terms of three years; except that, of those first appointed, three shall serve for terms of three years, three for terms of two years and two for terms of one year. The members of the board shall annually elect one of its members who has been appointed by the governor as chairman of the board. At any meeting of the board, seven members must be present to constitute a quorum. The department shall provide support services necessary to carry out the duties of the board.] The powers and duties of the Missouri Seed Capital Investment Board shall be transferred to the Missouri Technology Corporation effective August 28, 2010, and the Missouri Seed Capital Investment Board shall be dissolved.
620.644. 1. The Missouri seed capital and commercialization strategy shall be jointly developed and approved by the boards of directors of all of the qualified economic development organizations and submitted as one plan to the [board] corporation for its approval. The board shall not approve any qualified fund, exclusive of the fund approved by the corporation, unless such fund is described in the Missouri seed capital and commercialization strategy. The strategy shall include a proposal for the establishment and operation of between one and four qualified funds in Missouri, including the fund approved by the corporation pursuant to the provisions of section 620.653. The initial strategy shall be submitted to the board no later than July 1, 2000, and shall be approved or rejected by the board within three months of receipt. No tax credits authorized pursuant to the provisions of sections 620.635 to 620.653 shall be awarded until such strategy has been approved by the board, other than tax credits authorized for qualified contributions to the fund approved by the corporation.
2. The department shall authorize the use of up to twenty million dollars in tax credits by the approved qualified funds, in aggregate pursuant to the provisions of section 620.650, with not more than five million dollars of tax credits being issued in any one year.
3. The [board or] corporation shall approve the professional managers employed by the qualified funds according to criteria similar to that used by the U.S. Small Business Administration's Small Business Investment Corporation Program.
4. The department may promulgate any rules and regulations necessary to administer the provisions of sections 620.635 to 620.653. No rule or regulation or portion of a rule or regulation promulgated pursuant to the authority of this section shall become effective unless it has been promulgated pursuant to the provisions of chapter 536, RSMo.
5. The [Missouri seed capital investment board] corporation shall report the following to the department:
(1) As soon as practicable after the receipt of a qualified contribution the name of each person from which the qualified contribution was received, the amount of each contributor's qualified contribution and the tax credits computed pursuant to this section;
(2) On a quarterly basis, the amount of qualified investments made to any qualified business;
(3) On a quarterly basis, verification that the investment of seed capital, start-up capital, or follow-up capital in a qualified business does not direct more than ten percent of all the qualified contributions to a qualified fund to be invested in a single qualifying business.
6. Each qualified fund shall provide annual audited financial statements, including the opinion of an independent certified public accountant, to the department within ninety days of the close of the state fiscal year. The audit shall address the methods of operation and conduct of the business of the qualified economic development organization to determine compliance with the statutes and program and program rules and that the qualified contributions received by the qualified fund have been invested as required by this section.
620.647. 1. The [board or] corporation may authorize each qualified economic development organization to enter into contractual agreements with any qualified fund allowing such qualified fund to offer tax credits authorized pursuant to the provisions of sections 620.635 to 620.653 to those persons making qualified contributions to the qualified fund. The [board] corporation shall establish policies and procedures requiring each authorized qualified economic development organization to secure from each qualified fund and its investors the maximum fund equity interest possible, as dictated by market conditions, in exchange for the use of the tax credits. All tax credits authorized pursuant to sections 620.635 to 620.653 shall be administered by the department.
2. Each qualified fund shall enter into a contract with one or more qualified economic development organizations which shall entitle all qualified economic development organizations in existence at that time to receive and share equally all distributions of equity and dividends or other earnings of the fund that are generated as a result of any equity interest secured as a result of actions taken to comply with subsection 1 of this section. Such contracts shall require the qualified funds to transfer to the [board] corporation all distributions of dividends or other earnings of the fund that are owed to any qualified economic development organization that has dissolved or has ceased doing business for a period of one year or more.
3. All distributions of dividends, earnings, equity or the like owed pursuant to the provisions of sections 620.635 to 620.653 to a qualified economic development organization by any qualified fund shall be paid to the qualified economic development organization. The qualified economic development organization shall use such payments solely for reinvestment in qualified funds in order to provide ongoing seed capital, start-up capital and follow-up capital for Missouri businesses. No qualified economic development organization may transfer any dividends, earnings, equity or the like owed it pursuant to sections 620.635 to 620.653 to any other person or entity without the approval of the [board] corporation.
620.650. 1. The sole purpose of each qualified fund is to make investments. One hundred percent of investments made from qualified contributions shall be qualified investments. 2. Any person who makes a qualified contribution to a qualified fund shall receive a tax credit against the tax otherwise due pursuant to chapter 143, RSMo, chapter 147, RSMo, or chapter 148, RSMo, other than taxes withheld pursuant to sections 143.191 to 143.265, RSMo, in an amount equal to one hundred percent of such person's qualified contribution.
3. Such person shall submit to the department an application for the tax credit on a form provided by the department. The department shall award tax credits in the order the applications are received and based upon the strategy approved by the [board] corporation. Tax credits issued pursuant to this section may be claimed for the tax year in which the qualified contribution is made or in any of the following ten years, and may be assigned, transferred or sold.
4. There is hereby imposed on each qualified fund a tax equal to fifteen percent of the qualified fund's uninvested capital at the close of such qualified fund's tax year. For purposes of tax computation, any distribution made by a qualified fund during a tax year is deemed made at the end of such tax year. Each tax year, every qualified fund shall remit the tax imposed by this section to the director of the department of revenue for deposit in the state treasury to the credit of the general revenue fund.
620.653. The provisions of sections 620.635 to 620.650 to the contrary notwithstanding, one qualified fund shall be approved by the corporation as soon as practicable after July 8, 1999. Such fund need not be initially incorporated into the seed capital and commercialization strategy until after the appointment of the board. After the appointment of the board, all powers exercised by the corporation in relation to that fund shall be transferred to the board. After the dissolution of the board, all powers exercised by the board shall be transferred to the corporation. The corporation shall approve the professional fund manager employed by the qualified fund established by this section.
630.915. 1. The department of mental health, in consultation with the department of health and senior services, shall seek funding from the Centers for Disease Control and Prevention to participate in the National Violent Death Reporting System (NVDRS) to obtain better information about violent deaths, including suicide.
2. If such funding under subsection 1 of this section is not available to the state of Missouri, on or before July 1, 2006, the department of mental health, in consultation with the department of health and senior services and subject to appropriation, shall develop a state-based reporting system based on the National Violent Death Reporting System that will provide information needed to accurately assess the factors causing violent deaths, including suicide.
3. Information obtained from this state's participation in the National Violent Death Reporting System under subsection 1 of this section or the state-based system developed under subsection 2 of this section shall be used to help answer questions regarding the magnitude, trends, and characteristics of violent deaths and assist in the evaluation and improvement of violence prevention policies and programs.
4. Information obtained under this section shall be provided to the [suicide prevention advisory committee] Missouri advisory council for comprehensive psychiatric services established under section [630.910] 632.020.
5. Pursuant to section 23.253, RSMo, of the Missouri sunset act:
(1) The provisions of the new program authorized under this section shall automatically sunset six years after August 28, 2005, unless reauthorized by an act of the general assembly; and
(2) If such program is reauthorized, the program authorized under this section shall automatically sunset twelve years after the effective date of the reauthorization of this section; and
(3) This section shall terminate on September first of the calendar year immediately following the calendar year in which the program authorized under this section is sunset.
632.020. 1. The Missouri advisory council for comprehensive psychiatric services, created by executive order of the governor on June 10, 1977, shall act as an advisory body to the division and the division director. The council shall be comprised of up to twenty-five members, the number to be determined under the council bylaws.
2. The members of the council shall be appointed by the director. Members shall serve for overlapping terms of three years each. The members of the existing council appointed under the provisions of the executive order shall serve the remainder of their appointed terms. At the expiration of the term of each such member, the director shall appoint an individual who shall hold office for a term of three years. Each member shall hold office until a successor has been appointed. Members shall have professional, research or personal interest in the prevention, evaluation, care, treatment and rehabilitation of persons affected by mental disorders and mental illness. The council shall include representatives from the following:
(1) Nongovernment organization or groups and state agencies concerned with the planning, operation or use of comprehensive psychiatric services;
(2) Representatives of consumers and providers of comprehensive psychiatric services who are familiar with the need for such services. At least one-half of the members shall be consumers. No more than one-fourth of the members shall be vendors or members of boards of directors, employees or officers of vendors, or any of their spouses, if such vendors receive more than fifteen hundred dollars under contract with the department; except that members of boards of directors of not-for-profit corporations shall not be considered members of board of directors of vendors under this subsection.
3. A vacancy occurring on the council shall be filled by appointment of the director.
4. Meetings shall be held at least every ninety days at the call of the division director or the council chairman, who shall be elected by the council.
5. Each member shall be reimbursed for reasonable and necessary expenses, including travel expenses pursuant to the travel regulations for employees of the department, actually incurred in the performance of his official duties.
6. The council may be divided into subcouncils in accordance with its bylaws. The council shall study, plan and make recommendations on the prevention, evaluation, care, treatment, rehabilitation, housing and facilities for persons affected by mental disorders and mental illness.
7. No member of a state advisory council may participate in or seek to influence a decision or vote of the council if the member would be directly involved with the matter or [if he] would derive income from it. A violation of the prohibition contained herein shall be grounds for a person to be removed as a member of the council by the director.
8. The council shall collaborate with the department in developing and administering a state plan for comprehensive psychiatric services. The council shall be advisory and shall:
(1) Promote meetings and programs for the discussion of reducing the debilitating effects of mental disorders and mental illness and disseminate information in cooperation with any other department, agency or entity on the prevention, evaluation, care, treatment and rehabilitation for persons affected by mental disorders or mental illness;
(2) Study and review current prevention, evaluation, care, treatment and rehabilitation technologies and recommend appropriate preparation, training, retraining and distribution of manpower and resources in the provision of services to persons affected by mental disorders or mental illness through private and public residential facilities, day programs and other specialized services;
(3) Recommend what specific methods, means and procedures should be adopted to improve and upgrade the department comprehensive psychiatric service delivery system for citizens of this state;
(4) Participate in developing and disseminating criteria and standards to qualify comprehensive psychiatric service residential facilities, day programs and other specialized services in this state for funding or licensing, or both, by the department;
(5) Develop goals and objectives for suicide prevention, provide oversight for suicide prevention activities, and make information on suicide and mental health intervention models available to community groups implementing suicide prevention programs.
660.010. 1. There is hereby created a "Department of Social Services" in charge of a director appointed by the governor, by and with the advice and consent of the senate. All the powers, duties and functions of the director of the department of public health and welfare, chapters 191 and 192, RSMo and others, not previously reassigned by executive reorganization plan number 2 of 1973 as submitted by the governor under chapter 26, RSMo, except those assigned to the department of mental health, are transferred by type I transfer to the director of the department of social services and the office of the director, department of public health and welfare is abolished. The department of public health and welfare is abolished. All employees of the department of social services shall be covered by the provisions of chapter 36, RSMo, except the director of the department and his secretary, all division directors and their secretaries, and no more than three additional positions in each division which may be designated by the division director.
2. It is the intent of the general assembly in establishing the department of social services, as provided herein, to authorize the director of the department to coordinate the state's programs devoted to those unable to provide for themselves and for the rehabilitation of victims of social disadvantage. The director shall use the resources provided to the department to provide comprehensive programs and leadership striking at the roots of dependency, disability and abuse of society's rules with the purpose of improving service and economical operations. The department is directed to take all steps possible to consolidate and coordinate the field operations of the department to maximize service to the citizens of the state.
3. All the powers, duties and functions of the division of welfare, chapters 205, 207, 208, 209, and 210, RSMo, and others, are transferred by type I transfer to the "Division of Family Services" which is hereby created in the department of social services. The director of the division shall be appointed by the director of the department. All references to the division of welfare shall hereafter be construed to mean the division of family services of the department of social services.
4. [All the powers, duties and functions of the board of nursing home administrators, chapter 344, RSMo, are transferred by type I transfer to the department of social services. The public members of the board shall be appointed by the director of the department.
5.] The state's responsibility under public law 452 of the eighty-eighth Congress and others, pertaining to the Office of Economic Opportunity, is transferred by type I transfer to the department of social services.
[6.] 5. The state's responsibility under public law 73, Older Americans Act of 1965, of the eighty-ninth Congress is transferred by type I transfer to the department of social services. [7.] 6. All the powers, duties and functions vested by law in the curators of the University of Missouri relating to crippled children's services, chapter 201, RSMo, are transferred by type I transfer to the department of social services.
[8.] 7. All the powers, duties and functions vested in the state board of training schools, chapter 219, RSMo, and others, are transferred by type I transfer to the "Division of Youth Services" hereby authorized in the department of social services headed by a director appointed by the director of the department. The state board of training schools shall be reconstituted as an advisory board on youth services, appointed by the director of the department. The advisory board shall visit each facility of the division as often as possible, shall file a written report with the director of the department and the governor on conditions they observed relating to the care and rehabilitative efforts in behalf of children assigned to the facility, the security of the facility and any other matters pertinent in their judgment. Copies of these reports shall be filed with the legislative library. Members of the advisory board shall receive reimbursement for their expenses and twenty-five dollars a day for each day they engage in official business relating to their duties. The members of the board shall be provided with identification means by the director of the division permitting immediate access to all facilities enabling them to make unannounced entrance to facilities they wish to inspect.
Section 1. Any board, commission, council, committee, or joint committee of this state created prior to March 17, 2010, that has not met prior to March 17, 2010, shall cease to exist on August 28, 2010.
[21.475. 1. Because wetlands are a vital natural resource and wetland conversion is of vital interest to Missouri farmers, conservationists, and landowners, for oversight of various activities of the department of natural resources and other agencies, the senate and the house of representatives shall establish a "Joint Committee on Wetlands", composed of five members of the senate, appointed by the president pro tem of the senate, and five members of the house of representatives, appointed by the speaker of the house. Not more than three members appointed by the president pro tem and not more than three members appointed by the speaker of the house shall be from the same political party. Any state department or agency except the department of conservation and the department of transportation shall obtain the approval of the joint committee on wetlands prior to entering into a contract with any entity of the government or any private entity to conduct any activity relating to the definition, preservation or restoration of wetlands. Each department, division and agency of state government shall provide any information relating to the state's wetlands to the joint committee on wetlands upon request of the committee.
2. The committee may hold hearings and conduct investigations within the state as it deems advisable, and the members shall receive no additional compensation, other than reimbursement for their actual and necessary expenses incurred in the performance of their duties. The staff of the committee on legislative research, house research, and senate research shall provide necessary clerical, research, fiscal and legal services to the committee, as the committee may request.]
[21.780. Every ten years after August 28, 1997, a review of county salaries shall be made by the general assembly. A committee consisting of three members of the house of representatives appointed by the speaker and three members of the senate appointed by the president pro tem shall carry out the review. The committee shall complete its review by December thirty-first of the year in which the committee is appointed. Legislation to revise the then existing salary schedules may be filed at the next following session of the general assembly.]
[26.600. Sections 26.600 to 26.614 shall be known and may be cited as the "Missouri Community Service Act".]
[26.603. As used in sections 26.600 to 26.614, the following terms mean:
(1) "Act", the national and community service act of 1990, as amended;
(2) "Commission", the Missouri community service commission created by sections 26.600 to 26.614;
(3) "Community service programs", the performance of tasks designed primarily to address educational, public safety, human, or environmental needs at a local, regional, state, or multistate level;
(4) "Corporation", the corporation for national and community service authorized by the act;
(5) "National service position", a placement in a community service program whereby an individual may earn an educational award, as authorized by the act;
(6) "National service laws", the act and other federal legislation that authorizes or may authorize community service activities in states.]
[26.605. 1. There is hereby created and established within the office of the governor "The Missouri Community Service Commission". The governor may, by executive order, assign this commission to the office of any executive department or statewide elected official.
2. The commission is established to make community service the common expectation and experience of all Missourians with a special concentration on Missouri's young people. The commission shall focus its efforts primarily on issues related to education, public safety, human needs and the environment.
3. The commission shall work to renew the ethic of civic responsibility in Missouri and to involve and enroll citizens in service opportunities that benefit Missouri while offering citizens skills that can be used to further their own plans for education, for a career, or for continuing community services. The commission shall build on the existing organizational framework of state, local and community-based programs and agencies to expand full-time and part-time service opportunities for all citizens, but particularly Missouri's youth.]
[26.607. 1. The commission shall include at least fifteen but no more than twenty-five voting members appointed by the governor, with the advice and consent of the senate. The commission shall include the following voting members:
(1) A representative of local government;
(2) The commissioner of the department of elementary and secondary education or the designee of such person;
(3) An individual with experience in promoting the involvement of older adults in service and volunteerism;
(4) A representative of a national service program;
(5) An individual with expertise in the educational, training and development needs of youth, particularly disadvantaged youth;
(6) An individual between the ages of sixteen and twenty-five years who is a participant in or supervisor of a service program for school age youth, or a campus-based or national service program;
(7) A representative of community-based agencies or organizations in the state;
(8) A representative of labor organizations;
(9) A member representing the business community;
(10) The lieutenant governor or his or her designee;
(11) A representative from the Corporation for National and Community Service, who shall serve as a nonvoting, ex officio member;
(12) Other members, at the discretion of and appointed by the governor, provided that there are at least fifteen but not more than twenty-five voting members, and provided that no more than twenty-five percent of the voting members are officers or employees of the state, and provided further that not more than fifty percent plus one of the voting members of the commission are members of the same political party;
(13) The governor may appoint any number of other nonvoting, ex officio members who shall serve at the pleasure of the governor.
2. Appointments to the commission shall reflect the race, ethnicity, age, gender and disability characteristics of the population of the state as a whole.
3. Voting members shall serve renewable terms of three years, except that of the first members appointed, one-third shall serve for a term of one year, one-third shall serve for a term of two years, and one-third shall serve for a term of three years. If a commission vacancy occurs, the governor shall appoint a new member to serve for the remainder of the unexpired term. Vacancies shall not affect the power of the remaining members to execute the commission's duties
. 4. The members of the commission shall receive no compensation for their services on the commission, but shall be reimbursed for ordinary and necessary expenses incurred in the performance of their duties.
5. The voting members of the commission shall elect one of their members to serve as chairperson of the commission. The voting members may elect such other officers as deemed necessary.
6. The commission shall meet at least quarterly.]
[26.609. 1. The commission shall have the following powers and duties:
(1) To ensure that its funding decisions meet all federal and state statutory requirements;
(2) To prepare for this state an annual national service plan that follows state and federal guidelines;
(3) To recommend innovative statewide service programs to increase volunteer participation and community-based problem solving by all age groups and among diverse participants;
(4) To utilize local, state and federal resources to initiate, strengthen and expand quality service programs;
(5) To promote interagency collaboration to maximize resources and develop a model of such collaboration on the state level;
(6) To oversee the application process to apply for corporation grants and funds, and for approval of service positions;
(7) To establish priorities, policies and procedures for the use of funds received under national service laws and for funds deposited into the community service commission fund established in section 26.614;
(8) To provide technical assistance for applicants to plan and implement service programs and to apply for assistance under the national service laws;
(9) To solicit and accept gifts, contributions, grants, bequests or other aid from any person, business, organization or foundation, public or private and from federal, state or local government or any agency of federal, state or local government.
2. The commission shall have other powers and duties in addition to those listed in subsection 1 of this section, including:
(1) To utilize staff within the office of the governor, the office of a designated statewide elected official or other executive departments as needed for this purpose; and
(2) To enter into contracts with individuals, organizations and institutions within amounts available for this purpose.]
[26.611. 1. All state agencies, the University of Missouri extension system, and any unit of local government, including school districts, may share information and cooperate with the commission to enable it to perform the functions assigned to it by state and federal law.
2. Any state agency that operates or plans to establish a community service program may coordinate its efforts with the commission.]
[26.614. 1. There is hereby created in the state treasury the "Community Service Commission Fund". The state treasurer shall deposit to the credit of the fund all moneys which may be appropriated to it by the general assembly and also any gifts, contributions, grants, bequests or other aid received from federal, private or other sources. The general assembly may appropriate moneys into the fund for the support of the commission and its activities. Notwithstanding the provisions of section 33.080, RSMo, to the contrary, moneys in the fund shall not revert to the credit of the general revenue fund at the end of the biennium.
2. The commission shall submit an annual report of its activities to the speaker of the house of representatives, the president pro tem of the senate, and the governor before January thirty-first of each year.]
[32.250. There is hereby established the "Multistate Tax Compact Advisory Committee" composed of the member of the multistate tax commission representing this state, any alternate designated by him, the attorney general or his designee, and two members of the senate, appointed by the president pro tem thereof and two members of the house of representatives, appointed by the speaker thereof. The chairman shall be the member of the commission representing this state. The committee shall meet on the call of its chairman or at the request of a majority of its members, but in any event it shall meet not less than three times in each year. The committee may consider any and all matters relating to recommendations of the multistate tax commission and the activities of the members in representing this state thereon.]
[32.260. The multistate tax compact advisory committee may employ counsel to represent it or to act for it, and may fix his compensation within the limits of funds appropriated to the committee.]
[192.350. 1. There is hereby established within the department of health and senior services the "Missouri State Advisory Council on Pain and Symptom Management". The council shall consist of nineteen members that are residents of this state. The members of the council shall include:
(1) The director of the department of health and senior services, or the director's designee, who shall serve as chair of the council;
(2) The state attorney general, or the attorney general's designee;
(3) Two members of the senate, appointed by the president pro tempore of the senate;
(4) Two members of the house of representatives, appointed by the speaker of the house of representatives;
(5) One physician, appointed by the Missouri state board of registration for the healing arts, that is certified and accredited in pain management;
(6) One physician, appointed by the Missouri state board of registration for the healing arts, that is certified and accredited in palliative care;
(7) Two registered nurses, appointed by the Missouri board of nursing, with expertise in hospice, oncology, long-term care, or pain and symptom management and are certified by the National Board for Certification of Hospice and Palliative Nurses;
(8) One dentist, appointed by the Missouri board of dentistry, with training in pain and symptom management and is associated with the education and training of dental students;
(9) One pharmacist, appointed by the Missouri board of pharmacy, with training in pain and symptom management and is associated with the education and training of pharmacists;
(10) One representative of the Pharmaceutical Research and Manufacturers of America, appointed by the governor, with the advice and consent of the senate;
(11) One mental health services provider, appointed by the governor, with the advice and consent of the senate;
(12) One physician assistant, appointed by the Missouri advisory commission for physician assistants, with training in pain and symptom management;
(13) One chiropractic physician, appointed by the Missouri state board of chiropractic examiners, with training in pain and symptom management;
(14) One physical therapist, appointed by the Missouri Physical Therapy Association, that specializes in pain management;
(15) One advocate representing voluntary health organizations or advocacy groups with an interest in pain management, appointed by the governor, with the advice and consent of the senate; and
(16) One member who has been diagnosed with chronic pain, appointed by the governor, with the advice and consent of the senate.
2. Members of the council shall be appointed by February 1, 2004. Of the members first appointed to the council, seven members shall serve a term of two years, and eight members shall serve a term of one year, and thereafter, members shall serve a term of two years. Members shall continue to serve until their successor is duly appointed and qualified. Any vacancy on the council shall be filled in the same manner as the original appointment.]
[192.352. 1. Members shall serve without compensation but shall, subject to appropriations, be reimbursed for reasonable and necessary expenses actually incurred in the performance of the member's official duties.
2. The department of health and senior services with existing resources shall provide administrative support and current staff as necessary for the effective operation of the council.]
[192.355. 1. Meetings shall be held at least every ninety days or at the call of the council chair.
2. The advisory council shall:
(1) Hold public hearings pursuant to chapter 536, RSMo, to gather information from the general public on issues pertaining to pain and symptom management;
(2) Make recommendations on acute and chronic pain management treatment practices;
(3) Analyze statutes, rules, and regulations regarding pain management;
(4) Study the use of alternative therapies regarding pain and symptom management and any sanctions imposed;
(5) Review the acute and chronic pain management education provided by professional licensing boards of this state;
(6) Examine the needs of adults, children, the terminally ill, racial and ethnic minorities, and medically underserved populations that have acute and chronic pain;
(7) Make recommendations on integrating pain and symptom management into the customary practice of health care professionals;
(8) Identify the roles and responsibilities of health care professionals in pain and symptom management;
(9) Make recommendations on the duration and content of continuing education requirements for pain and symptom management;
(10) Review guidelines on pain and symptom management issued by the United States Department of Health and Human Services;
(11) Provide an annual report on the activities of the council to the director of the department of health and senior services, the speaker of the house of representatives, the president pro tempore of the senate, and the governor by February first of every year. Such report shall include, but not be limited to the following:
(a) Issues and recommendations developed by the council;
(b) Pain management educational curricula and continuing education requirements for institutions providing health care education;
(c) Information regarding the impact and effectiveness of prior recommendations, if any, that have been implemented; and
(d) Review of current policies regarding pain and symptom management and any changes thereto occurring in pain and symptom management.
3. The department of health and senior services may accept on behalf of the council any federal funds, gifts, and donations from individuals, private organizations, and foundations, and any other funds that may become available.]
[208.195. The director of the division of family services shall appoint an advisory committee to provide professional and technical consultation in respect to the medical care aspects for public assistance recipients as set out in this chapter. The committee shall consist of twenty members, including the chairman of the senate committee of public health and welfare and chairman of the house of representatives committee of Social Security, and a minority member of each committee and at least three physicians licensed to practice in this state. The others shall be persons interested in hospital administration, nursing home administration, nursing, dentistry, optometry and pharmaceutics. The members of the advisory committee shall receive no compensation for their services other than expenses actually incurred in the performance of their official duties.]
[208.530. As used in sections 208.530 to 208.535, the following terms shall mean:
(1) "Commission", the commission on the special health, psychological and social needs of minority older individuals established in section 208.533;
(2) "Minority older individual", an individual who is sixty years of age or older and a member of a racial minority group;
(3) "Racial minority group":
(a) Blacks or African Americans;
(b) Native Americans;
(c) Hispanics;
(d) Asian Americans; and
(e) Other similar racial minority groups.]
[208.533. 1. There is hereby established a twenty-member "Commission on the Special Health, Psychological and Social Needs of Minority Older Individuals" under the division of aging. The commission shall consist of the following members:
(1) The directors of the departments of health and senior services, mental health and social services or their designees;
(2) The directors of the office of minority health and the division of aging who shall serve as cochairs of the commission;
(3) Two members of the Missouri house of representatives, one from each major political party represented in the house of representatives, appointed by the speaker of the house who shall serve in a nonvoting, advisory capacity;
(4) Two members of the senate, one from each major political party represented in the senate, appointed by the president pro tem of the senate who shall serve in a nonvoting, advisory capacity;
(5) A representative of the office of the lieutenant governor who shall serve in a nonvoting, advisory capacity; and
(6) Ten individuals appointed by the governor with the advice and consent of the senate who are currently working in the field of minority elderly health, psychological or social problems who have demonstrated expertise in one or more of the following areas: treatment of cardiovascular, cancer and diabetic conditions; nutrition; community-based health services; legal services; elderly consumer advocacy; gerontology or geriatrics; social work and other related services including housing. At least two of the individuals appointed by the governor shall be minority older individuals. The members appointed by the governor shall be residents of Missouri. Any vacancy on the commission shall be filled in the same manner as the original appointment.
2. Members appointed by the governor shall serve for three-year terms. Other members, except legislative members, shall serve for as long as they hold the position which made them eligible for appointment. Legislative members shall serve during their current term of office but may be reappointed.
3. Members of the commission shall not be compensated for their services, but shall be reimbursed for actual and necessary expenses incurred in the performance of their duties. The office of administration and the departments of health and senior services, mental health and social services shall provide such support as the commission requires to aid it in the performance of its duties.]
[208.535. The responsibilities of the commission shall include, but not be limited to, the following:
(1) The commission shall annually prepare a report identifying the special needs of the minority older population in Missouri as compared to the older population at-large and make recommendations for meeting those needs. The report shall be completed no later than October first of each year, beginning in 1999, and copies transmitted to the governor, the general assembly and appropriate state agencies. The report shall, at a minimum:
(a) Contain an overview of the special health, psychological and social needs of minority older Missourians with particular attention to low-income minority older individuals;
(b) Identify specific diseases and health conditions for which minority older individuals are at greater risk than the general population;
(c) Identify problems experienced by minority older individuals in obtaining services from governmental agencies;
(d) Identify programs at the state and local level designed to specifically meet the needs of minority older individuals; and
(e) Recommend program improvements and services at the state and local level designed to address the special unmet needs of the minority older population;
(2) In preparing the report required by this section, the commission shall solicit and consider the input of individuals and organizations representing the concerns of the minority older population, with particular attention to the service needs of those with incomes below the federal poverty level, concerning:
(a) Programs and services needed by minority older individuals;
(b) The extent to which existing programs do not meet the needs of minority older individuals;
(c) The accessibility of existing programs to minority older individuals;
(d) The availability and adequacy of information regarding existing services;
(e) Health problems that minority older individuals experience at a higher rate than the nonminority older population; and
(f) Financial, social and other barriers experienced by minority older individuals in obtaining needed services;
(3) Conduct an outreach program that provides information to minority older Missourians about health, psychological and social problems experienced by minority older individuals and available programs to address those problems, as identified in the report prepared pursuant to this section.]
[208.792. 1. There is hereby established the "Missouri Rx Plan Advisory Commission" within the department of social services to provide advice on the benefit design and operational policy of the Missouri Rx plan established in sections 208.782 to 208.798. The commission shall consist of the following fifteen members:
(1) The lieutenant governor, in his or her capacity as advocate for senior citizens;
(2) Two members of the senate, with one member from the majority party appointed by the president pro tem of the senate and one member of the minority party appointed by the president pro tem of the senate with the concurrence of the minority floor leader of the senate;
(3) Two members of the house of representatives, with one member from the majority party appointed by the speaker of the house of representatives and one member of the minority party appointed by the speaker of the house of representatives with the concurrence of the minority floor leader of the house of representatives;
(4) The director of the division of medical services in the department of social services;
(5) The director of the division of senior and disability services in the department of health and senior services;
(6) The chairperson of the governor's commission on special health, psychological and social needs of minority older individuals;
(7) The following four members appointed by the governor, with the advice and consent of the senate:
(a) A licensed pharmacist;
(b) A licensed physician;
(c) A representative from a senior advocacy group; and
(d) A representative from an area agency on aging;
(8) A representative from the pharmaceutical manufacturers industry as a nonvoting member appointed by the president pro tem of the senate and the speaker of the house of representatives;
(9) One public member appointed by the president pro tem of the senate; and
(10) One public member appointed by the speaker of the house of representatives. In making the initial appointment to the committee, the governor, president pro tem, and speaker shall stagger the terms of the appointees so that four members serve initial terms of two years, four members serve initial terms of three years, four members serve initial terms of four years, and one member serves an initial term of one year. All members appointed thereafter shall serve three-year terms. All members shall be eligible for reappointment. The commission shall elect a chair and may employ an executive director and such professional, clerical, and research personnel as may be necessary to assist in the performance of the commission's duties.
2. Recognizing the unique medical needs of the senior African-American population, the president pro tem of the senate, speaker of the house of representatives, and governor will collaborate to ensure that there is adequate minority representation among legislative members and other members of the commission.
3. The commission:
(1) May provide advice on guidelines, policies, and procedures necessary to establish the Missouri Rx plan;
(2) Shall educate Missouri residents on quality prescription drug programs and cost-containment strategies in medication therapy;
(3) Shall assist Missouri residents in enrolling or accessing prescription drug assistance programs for which they are eligible; and
(4) Shall hold quarterly meetings and other meetings as deemed necessary.
4. The members of the commission shall receive no compensation for their service on the commission, but shall be reimbursed for ordinary and necessary expenses incurred in the performance of their duties as a member of the commission.]
[253.375. 1. As a necessary adjunct to the operation and maintenance of this memorial and historic site, as herein provided, there is hereby created a state advisory commission, to be known as "The Thomas Hart Benton Homestead Memorial Commission", to consist of twenty members, ten members to be appointed by the director of the department of natural resources, five members to be appointed by the president pro tem of the senate and five members to be appointed by the speaker of the house. The appointees shall be selected from outstanding individuals, not restricted to citizens of the state, well-known for their interest in and knowledge of Thomas Hart Benton, his life and his work, and in addition thereto, the director of the department of natural resources, the chairman of the Missouri advisory council on historic preservation, which advisory commission, upon original appointment, is hereby empowered to organize itself and to elect its own officers for such term or terms as the commission shall from time to time determine. Any vacancy on the advisory commission shall be filled by the same official who appointed the person who left the commission thus creating such vacancy.
2. The commission shall be advisory to the division of state parks and recreation of the department of natural resources on all policy and administrative matters pertaining to planning, operation and maintenance, including museum activities, the employment of curators, staff employees or other persons, as may be needed.
3. The members of the commission shall not receive any compensation for their services, but shall be reimbursed for their actual and necessary expenses, excluding travel expenses, incurred within the state of Missouri in the performance of their duties.
4. The commission is empowered, in behalf of the state, to accept gifts, contributions, bequests of unrestricted funds, from individuals, foundations, corporations and other organizations or institutions for the furtherance of the objectives and purposes of this memorial.
5. The commission may request from any department, division, board, bureau, council, commission or other agency of this state such assistance and data as will enable it to properly carry out its powers and duties hereunder; and the director of the department of natural resources shall make provision for the staffing and servicing of the commission, and providing the necessary funding to carry out its duties, from funds appropriated or otherwise available to that department.]
[260.725. 1. There is hereby created within the department of natural resources the "Low-level Radioactive Waste Compact Advisory Committee". The committee shall consist of one representative of an institution of higher education, one representative of the general public, one representative of industry, one representative of a medical field, one member of the Missouri house of representatives, one member of the Missouri senate and Missouri's member on the midwest low-level radioactive waste compact commission. If Missouri is designated a host state for a regional disposal facility, the advisory committee shall be expanded to include a representative from the host county. Each member shall be appointed by the governor with the advice and consent of the senate, except that the member from the Missouri house of representatives shall be appointed by the speaker of the house and the member from the Missouri senate shall be appointed by the president pro tempore of the senate. Any representative of a host county shall be nominated by the county court of the host county and appointed by the governor. Each member shall serve for a term of four years with the first members' appointments staggered so that all members' terms do not expire simultaneously.
2. The advisory committee shall:
(1) Act in an advisory capacity to Missouri's member on the commission;
(2) Meet as necessary, but at least twice yearly, to review activities of the commission and midwest interstate low-level radioactive waste compact states; and
(3) Present recommendations in writing to the governor and the general assembly as requested or as necessary to insure adequate exchange of information.]
[286.200. 1. The "Governor's Committee on Employment of People with Disabilities" will hereafter be known as the "Governor's Council on Disability" and is hereby assigned to the department of labor and industrial relations.
2. The council shall consist of a chairperson, twenty members and an executive director.
3. The chairperson shall be appointed by the governor with the advice and consent of the senate. The members of the council shall be appointed by the governor. Recruitment and appointment of members to the council shall provide for representation of various ethnic, age, gender and physical and mental disability groups.
4. (1) The nine members of the governor's committee on the employment of people with disabilities whose terms of office expire in October of 1995 and the four members of the governor's committee on the employment of people with disabilities whose terms of office expire in October of 1997 shall be deemed members of the council on disability. Of the ten members of the committee on the employment of people with disabilities whose terms of office expired in October of 1993 and any vacancies on the committee on the employment of people with disabilities, only seven shall be appointed to the council;
(2) The terms of office for the chairperson and the seven council members first appointed after August 28, 1994, shall be as follows:
(a) The term of office for one of the initial new council members shall expire in October of 1995;
(b) The terms of office for the chairperson and the other six initial council members shall expire in October of 1997, so that one-half of the members of the council may be chosen every second year.
5. The funds necessary for the executive director and such other personnel as necessary shall be appropriated through the department of labor and industrial relations. The executive director shall serve under the supervision of the committee chairman. The executive director shall be exempted from the state merit system.
6. All successor members shall be appointed for four-year terms. Vacancies occurring in the membership of the council for any reason shall be filled by appointment by the governor for the unexpired term. Upon expiration of their terms, members of the council shall continue to hold office until the appointment and qualification of their successors. No person shall be appointed for more than two consecutive terms, except that a person appointed to fill a vacancy may serve for two additional successive terms. The governor may remove a member for cause.
7. Members of the council shall be chosen to meet the following criteria:
(1) The majority of the council shall be comprised of people with disabilities, representing the various disability groups. The remaining positions shall be filled by family members of people with disabilities, persons who represent other disability-related groups, and other advocates. A person considered to have a disability shall meet the federal definition of disability as defined by P.L. 101-336;
(2) The council shall include at least one member from each congressional district;
(3) Members of the council shall be knowledgeable about disability-related issues and have demonstrated a commitment to full participation of people with disabilities in all aspects of community life.
8. The chairperson of the council shall serve without compensation but shall be reimbursed for actual and necessary travel and other expenses incurred in the performance of the duties as chairperson of the council on disability. The members of the council shall serve without compensation but may be reimbursed for their actual and necessary expenses incurred in attending all meetings provided for by sections 286.200 to 286.210.
9. The council shall meet at least once each calendar quarter to conduct its business. The executive director shall give written notice by mail to each member of the time and place of each meeting of the council at least ten days before the scheduled date of the meetings, and notice of any special meetings shall state the specific matters to be considered in the special meeting which is not a regular quarterly meeting.
10. The chairperson, with the advice and consent of the council, shall appoint an executive director who shall serve as a nonvoting member and executive officer of the council. The executive director shall serve under the supervision of the chairperson of the council. The executive director shall be a person who is knowledgeable about disability-related issues and has demonstrated a commitment to full participation of people with disabilities in all aspects of community life.
11. All information, documents, records and contracts of the committee on employment of people with disabilities shall become those of the council on disability.
12. The director of each state department shall designate at least one employee who shall act as a liaison with the council.]
[286.205. The governor's council on disability shall:
(1) Act in an advisory capacity to all state agencies and have direct input to all divisions of the office of administration on policies and practices which impact people with disabilities. Input shall include policies and practices affecting personnel, purchasing, design and construction of new facilities, facilities management, budget and planning and general services. In the administration of its duties, the governor's council on disability in cooperation with the office of administration shall offer technical assistance to help all departments, divisions and branches of state government comply with applicable state and federal law regarding persons with disabilities;
(2) Work and cooperate with other state commissions, councils or committees pertaining to disabilities and other national, state and local entities to create public policies and encourage system changes which eliminate barriers to people with disabilities;
(3) Advocate for public policies and practices which:
(a) Promote employment of people with disabilities;
(b) Expand opportunities in all aspects of life; and
(c) Promote awareness of and compliance with various federal, state and local laws dealing with disabilities;
(4) Gather input from disability-related organizations and the public on disability-related issues and report the results of this information in council reports to the governor;
(5) Accept grants, private gifts, and bequests, to be used to achieve the purposes of sections 286.200 to 286.210;
(6) Promulgate those bylaws necessary for the efficient operation of the council;
(7) Prepare an annual report to be presented to the governor not later than January first of each year.]
[286.210. The governor's council on disability may receive funds and property by gift, devise, bequest or otherwise and may solicit funds to be used in carrying out the purposes of sections 286.200 to 286.210.]
[302.136. The director shall by regulation establish the "Motorcycle Safety Program Advisory Committee" to assist in the development and implementation of the program. The committee shall consist of seven members and shall include members representing the motoring public, motorcycle dealerships, motorcycle instructors, law enforcement agencies, the motorcycle safety education program, and the department of public safety. Beginning on August 28, 1999, the governor shall appoint the members of the committee for terms of three years; except those first appointed by the governor, two shall be for terms of one year, two shall be for terms of two years and three shall be for terms of three years. The committee shall appoint a chairman and meet at least two times per year. Members shall serve without compensation, but may be reimbursed for their reasonable expenses incurred in the performance of their duties.]
[369.304. The procedure in all hearings before the director of the division of finance shall be governed by, and conducted under, the provisions of chapter 536, RSMo. The director may grant a hearing on any matter but shall be required to do so only where so directed in sections 369.010 to 369.369. Unless otherwise specifically provided by sections 369.010 to 369.369, any person who deems himself or herself aggrieved by any decision, order, or action of the director may appeal such decision and may receive a hearing before the state savings and loan commission as provided in section 369.319. All decisions of the director shall be final if not appealed to the commission as provided in section 369.319.]
[369.309. 1. There is created in the division of finance a "State Savings and Loan Commission" which shall have such powers and duties as are now or hereafter conferred upon it by law.
2. The commission shall consist of five members who shall be appointed by the governor. They shall be residents of this state, and one of them shall be a member of the Missouri Bar in good standing. The other members of the commission shall each have had at least five years' experience in this state as an officer or director of one or more associations. Not more than three members of the commission shall be members of the same political party.
3. The term of office of each member of the commission shall be six years. Members shall serve until their successors are duly appointed and have qualified. Each member of the state savings and loan commission shall serve for the remainder of the term for which the member was appointed to the commission. The commission shall select its own chairman and secretary. Vacancies in the commission shall be filled for the unexpired term in the same manner as in the case of an original appointment.
4. The members of the commission shall receive as compensation the sum of fifty dollars per day while discharging their duties, and they shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties.
5. A majority of the members of the commission shall constitute a quorum and the decision of a majority of a quorum shall be the decision of the commission. The commission shall meet upon call of its chairman, or of the director of the division of finance, or of any two members of the commission, and may meet at any place in this state.]
[369.319. An appeal shall be perfected by filing with the director of the division of finance within fifteen days after notice of the director's decision is mailed, a notice of appeal stating the name of the appealing party and the order or decision appealed from. The director shall mail copies thereof to all interested parties. Upon any such hearing the transcript of the proceedings before the director or, if the decision appealed from was made without a hearing, all writings used or considered by the director in making such decision, shall be considered by the commission and the commission may take evidence, the taking of such evidence to be limited to newly discovered evidence in those appeals in which there was a hearing before the director and to be governed by the provisions of chapter 536, RSMo. The review by the commission shall be similar to that provided in appeals in equity cases in the courts of this state. Decisions shall be made as provided in chapter 536, RSMo. The costs on appeal shall include the per diem compensation of the members of the commission and all such costs may be assessed against parties other than the director as may be determined by the commission. At least fifteen days' notice of the hearing shall be given to all persons interested in the matter appealed from and to the director.]
[622.055. 1. A "Transportation Development Commission" is hereby established. It shall consist of five senators appointed by the president pro tem of the senate, five representatives appointed by the speaker of the house of representatives, and five persons, not less than one of whom shall be an intrastate certificated carrier, not less than one of whom shall be associated with a railroad industry, and not less than one of whom shall be a shipper, appointed by the director of the department of economic development.
2. The commission shall meet and organize by electing one legislative member as chairman and another legislative member as vice chairman. The commission shall meet as often as necessary to carry out its duties at such places as may be convenient for this purpose.
3. Members shall not receive any compensation for the performance of their duties, but all shall be reimbursed for actual and necessary expenses incurred in the performance of those duties, the legislative members from the contingent funds of their respective houses, and the public members from funds appropriated to the department of economic development.]
[622.057. The transportation development commission shall study the implementation of the provisions of sections 622.010 to 622.059 and section 680.307, RSMo, and shall make recommendations therefor to the motor carrier and railroad safety division and the department director. It shall also consider any other appropriate matter relating to the operation of the motor carrier and railroad safety division and the development and regulation of transportation activities within this state. It shall consider the need for new or changed laws or regulations relating to the development and regulation of transportation activities, and shall from time to time make recommendations to the governor and the general assembly in connection therewith to the end that the development of transportation entities and facilities will enhance the economic development of the state.]
[630.910. 1. There is hereby created within the department of mental health the "Suicide Prevention Advisory Committee" to be comprised of the following eighteen members:
(1) Six representatives from each of the following state departments: mental health, health and senior services, social services, elementary and secondary education, corrections, and higher education;
(2) Ten citizen members representing suicide survivors, the criminal justice system, the business community, clergy, schools, youth, mental health professionals, health care providers, nonprofit organizations, and a researcher to be appointed by the governor;
(3) One member from the house of representatives to be appointed by the speaker of the house of representatives; and
(4) One member of the senate to be appointed by the president pro tem of the senate.
2. The initial appointments to the advisory committee shall be made by October 1, 2005. The initial ten members appointed under subdivision (2) of subsection 1 of this section shall be appointed as follows: four members shall be appointed for a four-year term, three members shall be appointed for a three-year term, and three members shall be appointed for a two-year term.
3. The first meeting of the advisory committee shall be scheduled by the director of the department of mental health and held on or before December 1, 2005. The committee shall meet at least quarterly thereafter. The director of the department of mental health, or the director's designee, shall be the chair of the advisory committee. Each of the departments listed in subdivision (1) of subsection 1 of this section shall provide staff and technical support for the advisory committee.
4. The advisory committee shall:
(1) Provide oversight, technical support, and outcome promotion for prevention activities;
(2) Develop annual goals and objectives for ongoing suicide prevention efforts;
(3) Make information on prevention and mental health intervention models available to community groups implementing suicide prevention programs;
(4) Promote the use of outcome methods that will allow comparison and evaluation of the efficacy, effectiveness, cultural competence, and cost-effectiveness of plan-supported interventions, including making specific recording and monitoring instruments available for plan-supported projects;
(5) Review and recommend changes to existing or proposed statutes, rules, and policies to prevent suicides; and
(6) Coordinate and issue a biannual report on suicide and suicidal behaviors in the state using information drawn from federal, state, and local sources.
5. Members of the committee shall serve without compensation but the ten citizen members may be reimbursed for any actual expenses incurred in the performance of their duties as members of the advisory committee.]
[701.302. 1. There is hereby established the "Advisory Committee on Lead Poisoning". The members of the committee shall consist of twenty-seven persons who shall be appointed by the governor with the advice and consent of the senate, except as otherwise provided in this subsection. At least five of the members of the committee shall be African-Americans or representatives of other minority groups disproportionately affected by lead poisoning. The members of the committee shall include:
(1) The director of the department of health and senior services or the director's designee, who shall serve as an ex officio member;
(2) The director of the department of economic development or the director's designee, who shall serve as an ex officio member;
(3) The director of the department of natural resources or the director's designee, who shall serve as an ex officio member;
(4) The director of the department of social services or the director's designee, who shall serve as an ex officio member;
(5) The director of the department of labor and industrial relations or the director's designee, who shall serve as an ex officio member;
(6) One member of the senate, appointed by the president pro tempore of the senate, and one member of the house of representatives, appointed by the speaker of the house of representatives;
(7) A representative of the office of the attorney general, who shall serve as an ex officio member;
(8) A member of a city council, county commission or other local governmental entity;
(9) A representative of a community housing organization;
(10) A representative of property owners;
(11) A representative of the real estate industry;
(12) One representative of an appropriate public interest organization and one representative of a local public health agency promoting environmental health and advocating protection of children's health;
(13) A representative of the lead industry;
(14) A representative of the insurance industry;
(15) A representative of the banking industry;
(16) A parent of a currently or previously lead-poisoned child;
(17) A representative of the school boards association or an employee of the department of elementary and secondary education, selected by the commissioner of elementary and secondary education;
(18) Two representatives of the lead abatement industry, including one licensed lead abatement contractor and one licensed lead abatement worker;
(19) A physician licensed under chapter 334, RSMo;
(20) A representative of a lead testing laboratory;
(21) A lead inspector or risk assessor;
(22) The chief engineer of the department of transportation or the chief engineer's designee, who shall serve as an ex officio member;
(23) A representative of a regulated industrial business; and
(24) A representative of a business organization.
2. The committee shall make recommendations relating to actions to:
(1) Eradicate childhood lead poisoning by the year 2012;
(2) Screen children for lead poisoning;
(3) Treat and medically manage lead-poisoned children;
(4) Prevent lead poisoning in children;
(5) Maintain and increase laboratory capacity for lead assessments and screening, and a quality control program for laboratories;
(6) Abate lead problems after discovery;
(7) Identify additional resources, either through a tax or fee structure, to implement programs necessary to address lead poisoning problems and issues;
(8) Provide an educational program on lead poisoning for the general public and health care providers;
(9) Determine procedures for the removal and disposal of all lead contaminated waste in accordance with the Toxic Substances Control Act, as amended, 42 U.S.C. 2681, et seq., solid waste and hazardous waste statutes, and any other applicable federal and state statutes and regulations.
3. The committee members shall receive no compensation but shall, subject to appropriations, be reimbursed for actual and necessary expenses incurred in the performance of their duties. All public members and local officials shall serve for a term of two years and until their successors are selected and qualified, and other members shall serve for as long as they hold the office or position from which they were appointed.
4. No later than December fifteenth of each year, the committee shall provide a written annual report of its recommendations for actions as required pursuant to subsection 2 of this section to the governor and general assembly, including any legislation proposed by the committee to implement the recommendations.
5. The committee shall submit records of its meetings to the secretary of the senate and the chief clerk of the house of representatives in accordance with sections 610.020 and 610.023, RSMo.]
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