2401S.03C
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SENATE COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 653
AN ACT
To repeal sections 36.020, 36.030, 36.050, 36.060,
36.070, 36.080, 36.090, 36.100, 36.120, 36.140,
36.250, 36.440, 36.510, 37.010, 105.950, 105.1114,
191.305, 192.745, 194.300, and 288.220, RSMo, and to
enact in lieu thereof twenty -three new sections
relating to public entities that serve in an advisory
capacity.
Be it enacted by the Ge neral Assembly of the State of Missouri, as follows:
Section A. Sections 36.020, 36.030, 36.050, 36.060,
36.070, 36.080, 36.090, 36.100, 36.120, 36.140, 36.250, 36.440,
36.510, 37.010, 105.950, 105.1114, 191.305, 192.745, 194.300,
and 288.220, RSMo, are repealed and twenty -three new sections
enacted in lieu thereof, to be known as sections 36.020, 36.030,
36.060, 36.070, 36.080, 36.090, 36.100, 36.120, 36.140, 36.250,
36.440, 36.510, 37.010, 37.1300, 37.1310, 37.1320, 37.1330,
105.950, 105.1114, 191.305, 192.745, 194.300, and 288.220, to
read as follows:
36.020. Unless the context clearly requires otherwise,
the following terms mean:
(1) "Agency", "state agency" or "agency of the state",
each department, board, commission or office of the state
except for offices of the elected officials, the general
assembly, the judiciary and academic institutions;
(2) "Appointing authority", an officer or agency
subject to this chapter having power to make appointments;
(3) ["Board", the personnel advisory board as
established by section 36.050;
(4)] "Broad classification band", a grouping of
positions with similar levels of responsibility or expertise;
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[(5)] (4) "Class", "class of positions", or "job
class", a group of positions subject to this chapter
sufficiently alike in duties, authority and responsibilities
to justify the same qualifications and the same schedule of
pay to all positions in the group;
[(6)] (5) "Director", the director of the division of
personnel of the office of administration;
[(7)] (6) "Disabled veteran", a veteran who has served
on active duty in the Armed Forces at any time who receives
compensation as a result of a service -connected disability
claim allowed by the federal agency responsible for the
administration of veteran's aff airs, or who receives
disability retirement or disability pension benefits from a
federal agency as a result of such a disability or a
National Guard veteran who was permanently disabled as a
result of active service to the state at the call of the
governor;
[(8)] (7) "Division of service" or "division", a state
department or any division or branch of the state, or any
agency of the state government, all the positions and
employees in which are under the same appointing authority;
[(9)] (8) "Eleemosynary or penal institutions", an
institution within state government holding, housing, or
caring for inmates, patients, veterans, juveniles, or other
individuals entrusted to or assigned to the state where it
is anticipated that such indivi duals will be in residence
for longer than one day. Eleemosynary or penal institutions
shall not include elementary, secondary, or higher education
institutions operated separately or independently from the
foregoing institutions;
[(10)] (9) "Eligible", a person whose name is on a
register or who has been determined to meet the
qualifications for a class or position;
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[(11)] (10) "Employee", shall include only those
persons employed in excess of thirty -two hours per calendar
week, for a duration that could exceed six months, by a
state agency and shall not include patients, inmates, or
residents in state eleemosynary or penal institutions who
work for the state agency operating an eleemosynary or penal
institutions;
[(12)] (11) "Examination" or "competitive
examination", a means of determining eligibility or fitness
for a class or position;
[(13)] (12) "Open competitive examination", a
selection process for positions in a particular class,
admission to which is not limi ted to persons employed in
positions subject to this chapter pursuant to subsection 1
of section 36.030;
[(14)] (13) "Promotional examination", a selection
process for positions in a particular class, admission to
which is limited to employees wi th regular status in
positions subject to this chapter pursuant to subsection 1
of section 36.030;
[(15)] (14) "Register of eligibles", a list, which may
be restricted by locality, of persons who have been found
qualified for appointment to a pos ition subject to this
chapter pursuant to subsection 1 of section 36.030;
[(16)] (15) "Regular employee", a person employed in a
position described under subdivision (2) of subsection 1 of
section 36.030 who has successfully completed a probationa ry
period as provided in section 36.250;
[(17)] (16) "State equal employment opportunity
officer", the individual designated by the governor or the
commissioner of administration as having responsibility for
monitoring the compliance of the state as an employer with
applicable equal employment opportunity law and regulation
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and for leadership in efforts to establish a state workforce
which reflects the diversity of Missouri citizens at all
levels of employment;
[(18)] (17) "Surviving spouse", the unmarried
surviving spouse of a deceased disabled veteran or the
unmarried surviving spouse of any person who was killed
while on active duty in the Armed Forces of the United
States or an unmarried surviving spouse of a National Guard
veteran who was killed as a result of active service to the
state at the call of the governor;
[(19)] (18) "Veteran", any person who is a citizen of
this state who has been separated under honorable conditions
from the Armed Forces of the United States who served on
active duty during peacetime or wartime for at least six
consecutive months, unless released early as a result of a
service-connected disability or a reduction in force at the
convenience of the government, or any member of a reserve or
National Guard component who has satisfactorily completed at
least six years of service or who was called or ordered to
active duty by the President and participated in any
campaign or expedition for which a campaign badge or service
medal has been authorized.
36.030. 1. (1) Employees in eleemosynary or penal
institutions shall be selected on the basis of merit.
(2) So much of any agency that is required to maintain
personnel standards on a merit basis by federal law or
regulations for grant-in-aid programs shall, except for
those positions specified in subsection 2 of this section,
select employees on the basis of merit and maintain such
standards as specified in this chapter and as otherwise
required.
2. State agencies operating eleemosynary or penal
institutions shall not domicile the following positions in
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such institutions and such positions shall not be selected
in accordance with subsection 1 of this section:
(1) Other provisions of the law notwithsta nding,
members of boards and commissions, departmental directors,
five principal assistants designated by the departmental
directors, division directors, and three principal
assistants designated by each division director;
(2) One principal assistant for each board or
commission, the members of which are appointed by the
governor or by a director of the department;
(3) Chaplains and attorneys;
(4) Persons employed in work assignments with a
geographic location principally outside th e state of
Missouri and other persons whose employment is such that
selection by competitive examination and standard
classification and compensation practices are not practical
under all the circumstances as determined by the [board]
director by rule;
(5) Patients, inmates, or residents in state penal
institutions who work for the agency operating the
eleemosynary or penal institution;
(6) Persons employed in an internship capacity in a
state department or institution as a part of their formal
training, at a college, university, business, trade or other
technical school; except that, by appropriate resolution of
the governing authorities of any department or institution,
the personnel division may be called upon to assist in
selecting persons to be appointed to internship positions;
(7) The administrative head of each state medical,
penal and correctional institution, as warranted by the size
and complexity of the organization and as approved by the
[board] director;
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(8) Deputies or other policy -making assistants to the
exempt head of each division of service, as warranted by the
size or complexity of the organization and in accordance
with the rules promulgated by the [personnel advisory board ]
director;
(9) Special assistants as designated by an appointing
authority; except that, the number of such special
assistants shall not exceed two percent of a department's
total authorized full -time equivalent workforce.
3. To encourage all state employees to improve the
quality of state services, increase the efficiency of state
work operations, and reduce the costs of state programs, the
director [of the division of personnel ] shall establish
employee recognition programs, including a statewide
employee suggestion system. The director shall determine
reasonable rules and shall provide reasonable standards for
determining the monetary awards, not to exceed five thousand
dollars, under the employee suggestion system.
4. At the request of the senat e or the house of
representatives, the commissioner of administration shall
submit a report on the employee suggestion award program
described in subsection 3 of this section.
36.060. 1. In addition to the duties imposed upon it
elsewhere in this chapter, it shall be the duty of the
[board] director:
(1) To make any investigation which [it] he or she may
consider desirable concerning the administration of
personnel subject to this chapter pursuant to subsection 1
of section 36.030 and all personnel of any department or
agency of the executive branch of state government not
exempted from section 36.031;
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(2) To hold regular meetings with appointing
authorities to propose methods of resolving general
personnel problems;
(3) [To make annual reports, and such special reports
as it considers desirable, to the governor and the general
assembly regarding personnel administration in the state
service and recommendations there. These special reports
may evaluate the effectiveness of the personnel division and
the appointing authorities in their operations under this
chapter;
(4)] To make such suggestions and recommendations to
the governor and the [director] commissioner of
administration relating to the state's employment policies
as will promote morale, efficiency and uniformity in
compensation of the various employees in the state service;
[(5)] (4) To promulgate rules and regulations on
behalf of the commissioner of administration to ensure that
no applicant or employee is discriminated against on the
basis of race, creed, color, religion, national origin, sex,
ancestry or handicap.
2. No rule or portion of a rule promulgated under the
authority of this chapter shall become effective unl ess it
has been promulgated pursuant to the provisions of section
536.024.
36.070. 1. The [board] commissioner of administration
shall have power to prescribe such rules and regulations not
inconsistent with the provisions of this cha pter as [it] he
or she deems suitable and necessary to carry out the
provisions of this chapter. Such rules and regulations
shall be effective when filed with the secretary of state as
provided by law.
2. The [board] commissioner of administrati on shall
prescribe by rule the procedures for merit selection,
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uniform classification and pay, and covered appeals in
accordance with the provisions of this chapter.
3. As of August 28, 2023, the rules of the personnel
advisory board previously e stablished by this chapter shall
become rules of the commissioner of administration.
36.080. 1. The director shall be a person , appointed
by the commissioner of administration, who is experienced in
the principles and methods of person nel administration, who
is familiar with and in sympathy with the application of
merit principles [and] or other efficient methods of public
administration. The director shall be appointed for a term
of four years beginning on July first following the election
of a governor, which term may be renewed at its expiration
at the option of the governor.
2. The personnel director shall not during his or her
term of office, or for one year prior thereto:
(1) Be a member of any local, state or n ational
committee of a political party;
(2) Be a member of any partisan political club or
organization;
(3) Actively participate in any partisan political
campaign; or
(4) Hold or be a candidate for any partisan public
office.
3. [Upon an impending or actual vacancy in the
position of director, the board shall publicly solicit
applications for the position and prepare and submit to the
governor a list of the five most qualified applicants. In
the course of preparing such a l ist the board may engage the
services of persons experienced in personnel administration
as consultants to assist it in examining and determining the
best qualified available persons for appointment as
director. The board shall be authorized to pay, o ut of the
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funds appropriated to it, the necessary travel and other
expenses of any consultants engaged under the provisions of
this section, and may also defray the travel expenses of
candidates for the position who are requested to report for
an interview. The director may also assist the board with
the search process and division of personnel resources may
be used to advance the search process.
4. The provisions of subdivision (2) of subsection 5
of section 1 of the Reorganization Act of 19 74
notwithstanding, the total compensation of any director
shall not exceed the statutory salary of department heads.
5. The provisions of subsection 8 of section 15 of the
Reorganization Act of 1974 notwithstanding, the governor
shall appoint to the position of director, without regard to
his or her political affiliation and subject to the advice
and consent of the senate, one of the persons named on the
list submitted by the board.
6.] The director may be removed by the [board]
commissioner of administration for no reason or for any
reason not prohibited by law .
36.090. 1. The director, as executive head of the
personnel division, shall direct and supervise all its
administrative and technical activities. In addition to the
duties imposed upon the director elsewhere in this chapter,
the director may develop in cooperation with appointing
authorities a management training program, a recruiting
program, and a system of performance appraisals, and [to]
may assist appointing authorities in the setting of
productivity goals.
2. [The director shall assist the board in the
performance of its functions and attend board meetings.
3.] The director may:
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(1) Establish and maintain a roster of all officer s
and employees subject to this chapter pursuant to subsection
1 of section 36.030 or pursuant to section 36.031, in which
there shall be set forth, as to each employee, a record of
the class title of the position held; the salary or pay; any
change in class title, pay or status, and such other data as
may be deemed desirable to produce significant facts
pertaining to personnel administration;
(2) Appoint and fix the compensation of such experts
and special assistants as may be necessary to ca rry out
effectively the provisions of this chapter;
(3) Investigate the effects of this chapter and the
rules promulgated under this chapter and report his or her
findings and recommendations to the [board] commissioner of
administration and the governor;
(4) Make annual reports concerning the work of the
division, problems in personnel management, and actions
taken or to be taken by the division to resolve those
problems;
(5) Perform any other lawful act which he or she may
consider necessary or desirable to carry out the purposes
and provisions of this chapter.
[4.] 3. The director shall appoint a deputy or
deputies. In case of the absence of the director or his or
her inability from any cause to discharge the powers and
duties of his or her office, such powers and duties shall
devolve upon his or her deputy or deputies.
36.100. 1. The director shall ascertain the duties,
authority and responsibilities of all positions subject to
this chapter pursuan t to subsection 1 of section 36.030, and
all positions subject to this section pursuant to section
36.031. After consultation with the appointing authorities,
the director shall prepare [and recommend to the board ], and
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maintain on a continuing basis, a position classification
plan, which shall group all positions subject to this
chapter pursuant to subsection 1 of section 36.030, and all
positions subject to this section pursuant to section 36.031
in classes, based on their duties, authority and
responsibilities. Except as provided in subsection 2 of
this section, the position classification plan shall set
forth, for each class of positions, a class title and a
statement of the duties, authority and responsibilities
thereof, and the qualifica tions that are necessary or
desirable for the satisfactory performance of the duties of
the class; provided, that no plan shall be adopted which
prohibits the substitution of experience for education for
each class of positions, except that, the [board] director
may determine that there is no equivalent substitution in
particular cases. Classifications should be sufficiently
broad in scope to include as many comparable positions as
possible both on an intra - and inter-departmental basis.
2. The classification plan may group positions with
similar levels of responsibility or expertise into broad
classification bands.
3. The director shall, in consultation with the
agencies, eliminate and combine classes when possible,
taking into consideration the recruitment, selection, and
compensation of personnel in the various classes.
36.120. 1. Before establishing a new position in
divisions of the service subject to this chapter pursuant to
subsection 1 of section 36.030 or any new position in a
department or agency of the executive branch of state
government subject to this section pursuant to section
36.031, or before making any permanent and substantial
change of the duties, authority or responsibilities of any
such position, an appointing authority shall notify the
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director in writing of the appointing authority's intention
to do so, except where the positions may be allocated by the
appointing authority.
2. The director may at any time allocate any new
position to a class, or change the allocation of any
position to a class, or [recommend to the board ] make
changes in the classification plan. [Any change in the
classification plan recommended by the director shall take
effect when approved by the board , or on the ninetieth day
after it is recommended to the board if prior thereto the
board has not approved it. In case of necessity requiring
the immediate establishment of a new class, the director may
establish such a class on an interim basis pendi ng approval
of the class by the board as recommended by the director. ]
3. When the allocation of a position to a class is
changed, the director shall notify the appointing
authority. If allocation authority is delegated, the
appointing authority shall notify the director of any
changes in the allocation. If the position is filled at the
time of reallocation to a class, the appointing authority
shall immediately notify the incumbent of the position
regarding the allocation change. If the incumbent does not
agree with the new allocation, the incumbent may submit to
the director a request for a review of the allocation of the
position.
4. If any change is made in the classification plan by
which a class of positions is divided, altere d, or
abolished, or classes are combined, the director shall
forthwith reallocate the positions affected to their
appropriate classes in the amended classification plan. An
employee who is occupying a position reallocated to a
different class shall, subject to the regulations, be given
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the same status in the new class as previously held in the
class from which his or her position is reallocated.
5. [After a class of positions has been approved by
the board,] The director is authorized to make such changes
in the class title or in the statement of duties and
qualifications for [the] a new class as the director finds
necessary for current maintenance of the classification
plan[; provided, however, that changes which materially
affect the nature and level of a class or which involve a
change in salary range for the class shall be approved by
the board].
36.140. 1. After consultation with appointing
authorities and the state fiscal officers, and after a
public hearing following suitable notice, the director shall
prepare [and recommend to the board ] a pay plan for each
class of positions subject to this chapter pursuant to
subsection 1 of section 36.030 and each class of positions
subject to this section pursuant to se ction 36.031. The pay
plan shall include, for each class of positions, a minimum
and a maximum rate, and such provision for intermediate
rates as the director considers necessary or equitable. The
pay plan may also provide for the use of open, or ste pless,
pay ranges. The pay plan may include provision for grouping
of positions with similar levels of responsibility or
expertise into broad classification bands for purposes of
determining compensation and for such salary differentials
and other pay structures as the director considers necessary
or equitable. In establishing the rates, the director shall
give consideration to the experience in recruiting for
positions in the state service, the rates of pay prevailing
in the state for the servic es performed, and for comparable
services in public and private employment, living costs,
maintenance, or other benefits received by employees, and
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the financial condition and policies of the state. These
considerations shall be made on a statewide ba sis and shall
not make any distinction based on geographical areas or
urban and rural conditions. The pay plan shall take effect
when approved by [the board and] the governor, and each
employee appointed to a position subject to this chapter
pursuant to subsection 1 of section 36.030 and each class of
positions subject to this section pursuant to section
36.031, after the adoption of the pay plan shall be paid
according to the provisions of the pay plan for the position
in which he or she is emplo yed; provided, that the
commissioner of administration certifies that there are
funds appropriated and available to pay the adopted pay
plan. The pay plan shall also be used as the basis for
preparing budget estimates for submission to the legislature
insofar as such budget estimates concern payment for
services performed in positions subject to this chapter
pursuant to subsection 1 of section 36.030 and positions
subject to this section pursuant to section 36.031.
Amendments to the pay plan may be recommended by the
director from time to time as circumstances require and such
amendments shall take effect when approved as provided by
this section. The conditions under which employees may be
appointed at a rate above the minimum provided for t he
class, or advance from one rate to another within the rates
applicable to their positions, may be determined by the
regulations.
2. Any change in the pay plan shall be made on a
uniform statewide basis. No employee in a position subject
to this chapter shall receive more or less compensation than
another employee solely because of the geographical area in
which the employee lives or works.
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36.250. 1. Every person appointed to a permanent
position described under subdivisio n (2) of subsection 1 of
section 36.030 shall be required to successfully complete a
working test during a probationary period which shall be of
sufficient length to enable the appointing authority to
observe the employee's ability to perform the vario us duties
pertaining to the position.
2. The [board] director shall by regulation establish
the standards governing normal length of the probationary
period for different classes of positions. The regulations
shall specify the criteria for reduc ing or lengthening the
probationary period for individuals within the various
classes. The minimum probationary period shall be three
months. The maximum probationary period shall be eighteen
months for top professional personnel and personnel with
substantial supervisory or administrative responsibilities,
and twelve months for all others. However, a probationary
period shall not be required for an employee reinstated
within two years after layoff or demotion in lieu of layoff
by the same division of service.
3. Prior to the expiration of an employee's
probationary period, the appointing authority shall notify
the director and the employee in writing whether the
services of the employee have been satisfactory and whether
the appointing authority will continue the employee in the
employee's position.
4. At any time during the probationary period the
appointing authority may remove an employee if, in the
opinion of the appointing authority, the working test
indicates that the em ployee is unable or unwilling to
perform the duties of the position satisfactorily. Upon
removal, the appointing authority shall forthwith report to
the director and to the employee removed, in writing, the
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appointing authority's action and the reason thereof. An
employee who is found by the director to have been appointed
through fraud shall be removed within ten days of
notification of the appointing authority.
36.440. 1. All officers and employees of the state
subject to provisions of this chapter, whether pursuant to
subsection 1 of section 36.030 or pursuant to section
36.031, shall comply with and aid in all proper ways in
carrying out the provisions of this chapter applicable to
them and the regulations adopted thereund er. All officers
and employees shall furnish any records or information which
the director [or the board] may request for any purpose of
this law.
2. A state officer or employee who shall fail to
comply with any provision of this chapter or of a ny
regulation adopted thereunder that is applicable to such
person shall be subject to all penalties and remedies now or
hereafter provided by law for the failure of a public
officer or employee to do any act required of him or her by
this chapter. The director may maintain such action or
proceeding at law or in equity as he or she considers
necessary or appropriate to secure compliance with this
chapter and the regulations adopted thereunder.
36.510. 1. In addition to other dutie s specified
elsewhere in this chapter the director may perform the
following functions in some or all agencies of state
government:
(1) Develop, initiate and implement a central training
program for personnel in agencies of state government and
encourage and assist in the development of such specialized
training activities as can best be administered internally
by such individual agencies;
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(2) Establish a management trainee program and
prescribe rules for the establishment of a career ex ecutive
service for the state;
(3) [Formulate for approval of the board ] Promulgate
regulations regarding mandatory training for persons
employed in management positions in state agencies;
(4) Institute, coordinate and direct a statewide
program for recruitment of personnel in cooperation with
appointing authorities in state agencies;
(5) Assist all state departments in setting
productivity goals and in implementing a standard system of
performance appraisals;
(6) Establish and direct a central labor relations
function for the state which shall coordinate labor
relations activities in individual state agencies, including
participation in negotiations and approval of agreements
relating to uniform wages, benefits and those a spects of
employment which have fiscal impact on the state; and
(7) [Formulate] Promulgate rules [for approval of the
board] and establish procedures and standards relating to
position classification and compensation of employees which
are designed to secure essential uniformity and
comparability among state agencies.
2. Any person who is employed in a position subject to
this chapter who engaged in a strike or labor stoppage shall
be subject to the penalties provided by law.
37.010. 1. The governor, by and with the advice and
consent of the senate, shall appoint a commissioner of
administration, who shall head the "Office of
Administration" which is hereby created. The commissioner
of administration shall receive a salary as provided by law
and shall also receive his or her actual and necessary
expenses incurred in the discharge of his or her official
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duties. Before taking office, the commissioner of
administration shall take and subscribe an oath or
affirmation to support the Constitution of the United States
and of this state, and to demean himself or herself
faithfully in office. The commissioner shall also deposit
with the governor a bond, with sureties to be approved by
the governor, in the amount to b e determined by the governor
payable to the state of Missouri, conditioned on the
faithful performance of the duties of his or her office.
The premium of this bond shall be paid out of the
appropriation for the office of the governor.
2. The governor shall appoint the commissioner of
administration with the advice and consent of the senate.
The commissioner shall be at least thirty years of age and
must have been a resident and qualified voter of this state
for the five years next preceding his or her appointment.
He or she shall be qualified by training and experience to
assume the managerial and administrative functions of the
office of commissioner of administration.
3. The commissioner of administration shall, by virtue
of his or her office, without additional compensation, head
the division of budget, the division of purchasing, the
division of facilities management, design and construction,
the division of personnel, and the information technology
services division. Whenever provisions of the constitution
grant powers, impose duties or make other reference to the
comptroller, they shall be construed as referring to the
commissioner of administration.
4. The commissioner of administration shall provide
the governor with such assistance in the supervision of the
executive branch of state government as the governor
requires and shall perform such other duties as are assigned
to him or her by the governor or by law. The commissioner
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of administration shall work w ith other departments of the
executive branch of state government to promote economy,
efficiency and improved service in the transaction of state
business. The commissioner of administration, with the
approval of the governor, shall organize the work of the
office of administration in such manner as to obtain maximum
effectiveness of the personnel of the office. He or she may
consolidate, abolish , or reassign duties of positions or
divisions combined within the office of administration [,
except for the division of personnel. He or she may
delegate specific duties to subordinates ]. These
subordinates shall take the same oath as the commissioner
and shall be covered by the bond of the director or by
separate bond as required by the governor.
5. [The personnel division, personnel director and
personnel advisory board as provided in chapter 36 shall be
in the office of administration. ] The personnel director
and employees of the personnel division shall perform such
duties as directed by the commissioner of administration for
personnel work in agencies and departments of state
government to upgrade state employment and to improve the
uniform quality of state employment.
6. The commissioner of administration shall prepare a
complete inventory of all real estate, buildings and
facilities of state government and an analysis of their
utilization. Each year he or she shall formulate and submit
to the governor a long -range plan for the ensuing five years
for the repair, construc tion and rehabilitation of all state
properties. The plan shall set forth the projects proposed
to be authorized in each of the five years with each project
ranked in the order of urgency of need from the standpoint
of the state as a whole and shall b e upgraded each year.
Project proposals shall be accompanied by workload and
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utilization information explaining the need and purpose of
each. Departments shall submit recommendations for capital
improvement projects and other information in such form and
at such times as required by the commissioner of
administration to enable him or her to prepare the long -
range plan. The commissioner of administration shall
prepare the long-range plan together with analysis of
financing available and suggestio ns for further financing
for approval of the governor who shall submit it to the
general assembly. The long-range plan shall include
credible estimates for operating purposes as well as capital
outlay and shall include program data to justify need for
the expenditures included. The long-range plan shall be
extended, revised and resubmitted in the same manner to
accompany each executive budget. The appropriate
recommendations for the period for which appropriations are
to be made shall be incorpo rated in the executive budget for
that period together with recommendations for financing.
Each revised long-range plan shall provide a report on
progress in the repair, construction and rehabilitation of
state properties and of the operating purposes program for
the preceding fiscal period in terms of expenditures and
meeting program goals.
7. The office of the commissioner of administration
shall be in Jefferson City.
8. In case of death, resignation, removal from office
or vacancy from any cause in the office of commissioner of
administration, the governor shall take charge of the office
and superintend the business thereof until a successor is
appointed, commissioned and qualified.
37.1300. For the purposes of sec tions 37.1300 to
37.1330, the following terms mean:
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(1) "Council", the Missouri geospatial advisory
council established in section 37.1310;
(2) "Geographic information system (GIS)", a computer
system for capturing, storing, checking, and di splaying data
related to positions on the Earth's surface that enables
easily seeing, analyzing, and understanding patterns and
relationships;
(3) "Geospatial", relating to or denoting data that is
associated with a particular location;
(4) "Missouri Spatial Data Information Service" or
"MSDIS", Missouri's primary spatial data clearinghouse
responsible for collecting and distributing vector data,
aerial photography, and light detection and ranging
elevation data that are generated, updat ed, and funded by
state, local, and regional agencies and governments.
37.1310. There is hereby established within the office
of administration the "Missouri Geospatial Advisory
Council", which is charged with assisting and advising the
state in ensuring the availability, implementation, and
enhancement of a statewide geospatial data infrastructure
common to all jurisdictions through research, planning,
training, and education. The council shall represent all
entities and jurisdict ions before appropriate policy -making
authorities and the general assembly and shall strive toward
the immediate access to statewide geospatial data for all
citizens of this state, especially life -safety entities,
including Next Generation 911. The council shall be
established within the office of the commissioner of
administration.
37.1320. 1. The council shall consist of thirty -three
members as follows:
(1) The commissioner of administration or the
commissioner's designee;
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(2) The director of the department of agriculture or
the director's designee;
(3) The director of the department of conservation or
the director's designee;
(4) The director of the department of economic
development or the director's designee;
(5) The director of the department of elementary and
secondary education or the director's designee;
(6) The director of the department of health and
senior services or the director's designee;
(7) The director of the departme nt of natural
resources or the director's designee;
(8) The director of the department of the National
Guard or the director's designee;
(9) The director of the department of public safety or
the director's designee;
(10) The director of the department of revenue or the
director's designee;
(11) The director of the department of social services
or the director's designee;
(12) The director of the department of transportation
or the director's designee;
(13) The director of the United States Geological
Survey or the director's designee;
(14) The director of the United States Department of
Agriculture – Natural Resources Conservation Service or the
director's designee;
(15) The director of the Missouri 9 11 service board or
the director's designee;
(16) The president of the University of Missouri
system or the president's designee;
(17) The director of the Missouri Spatial Data
Information Service or the director's designee;
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(18) The director of the National Geospatial -
Intelligence Agency West or the director's designee;
(19) One member of the house of the representatives
appointed by the speaker of the house of representatives;
(20) One member of the senate appointed by t he
president pro tempore of the senate; and
(21) Thirteen citizens of Missouri appointed by the
commissioner of the office of administration. Appointments
under this subdivision shall provide for a geographic
balance from within the state, repre senting both rural and
urban areas, with at least one individual from each
congressional district. These individuals shall represent
city, county, and local government; the private sector,
including small businesses; public safety; and academia.
2. Additional subject matter experts may participate
in activities as non -council members.
3. Appointed members of the council shall serve three -
year terms and shall serve until their successors are
appointed. Vacancies on the council shall be f illed in the
same manner as the original appointment, and such member
appointed shall serve the remainder of the unexpired term.
4. The council shall meet monthly and as otherwise
required by the commissioner of the office of administration.
5. The council shall designate from its members a
chair and chair-elect for one-year terms and shall adopt
written guidelines to govern the management of the council.
6. Each member of the council shall serve without
compensation but may be reimb ursed for his or her actual and
necessary expenses incurred in the performance of his or her
duties as a member of the council.
7. The commissioner of the office of administration
shall designate an employee of the office of administration
as executive secretary for the council, who shall serve as a
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nonvoting member, shall maintain the records of the
council's activities and decisions, and shall be responsible
for correspondence between the council and other agencies.
8. (1) The council may apply for federal and state
grant programs to sponsor and publish surveys of the
condition and needs of geographic information in the state
of Missouri and to solicit or develop proposals for projects
to be carried out in the state for building and improving
the state geospatial data infrastructure.
(2) The council may apply for federal and state grant
programs and conduct other business as it relates to the
development of the geospatial workforce within the state.
9. The council shall provide recommendations on budget
and staffing needs as it relates to the development of
geospatial-related projects and initiatives to the office of
administration.
37.1330. The council shall have the following duties:
(1) To establish public and private partnerships
throughout Missouri to maximize value, minimize cost, and
avoid redundant activities in the development and
implementation of geographic information systems;
(2) To foster efficient and secure methods for d ata
sharing at all levels of government;
(3) To coordinate, review, and provide recommendations
on geographic information systems programs and investments,
and to provide assistance with dispute resolution among
geographic systems partners;
(4) To continue to establish Missouri's leadership
role in the national effort to improve capabilities for
sharing geographic information and ideas with other states;
(5) To promote the use of geographic information
systems technologies as tools for breaking through
structural and administrative boundaries in order to
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collaborate on shared problems and enhance information
analysis and decision -making processes within all levels of
government;
(6) To provide input and recommendations for the
development of a strategy for the maintenance and funding of
a statewide base map and geographic information system;
(7) To work jointly with officials from other state
agencies, organizations, and county, municipal, and tribal
governments as well as with businesses and organizations in
the private sector that are concerned with the efficient
management of the state's geographic information systems
resources;
(8) To recommend the development and adoption of
policies and procedures re lated to geographic information
and geographic information systems;
(9) To serve as the statewide governing body for
sharing and managing geospatial framework data; and
(10) To provide oversight and guidance to the Missouri
spatial data information service.
105.950. 1. Until June 30, 2000, the commissioner of
administration and the directors of the departments of
revenue, social services, agriculture, economic development,
corrections, labor and industrial relations, natu ral
resources, and public safety shall continue to receive the
salaries they received on August 27, 1999, subject to annual
adjustments as provided in section 105.005.
2. On and after July 1, 2000, the salary of the
directors of the above departm ents shall be set by the
governor within the limits of the salary ranges established
pursuant to this section and the appropriation for that
purpose. Salary ranges for department directors and members
of the parole board shall be set by the personnel [advisory
board] director after considering the results of a study
26
periodically performed or administered by the office of
administration. Such salary ranges shall be published yearly
in an appendix to the revised statutes of Missouri.
3. Each of the above salaries shall be increased by
any salary adjustment provided pursuant to the provisions of
section 105.005.
105.1114. Administrative procedures for the
implementation of sections 105.1100 to 105.1116 shall be
promulgated by the [state] personnel [advisory board]
director for those employees classified under the state
personnel law and by other public employers for those
employees under their management and control. No rule or
portion of a rule promulgated under the auth ority of
sections 105.1100 to 105.1116 shall become effective unless
it has been promulgated pursuant to the provisions of
section 536.024.
191.305. 1. The "Missouri Genetic Advisory
Committee", consisting of fifteen members, is hereb y created
to advise the department in all genetic programs including
metabolic disease screening programs, hemophilia, sickle
cell anemia, and cystic fibrosis programs. Members of the
committee shall be appointed by the [governor, by and with
the advice and consent of the senate ] director of the
department of health and senior services . The first
appointments to the committee shall consist of five members
to serve three-year terms, five members to serve two -year
terms, and five members to serve o ne-year terms as
designated by the [governor] director. Each member of the
committee shall serve for a term of three years thereafter.
2. The committee shall be composed of persons who
reside in the state of Missouri, and a majority shall be
licensed physicians. At least one member shall be a
specialist in genetics; at least one member shall be a
27
licensed obstetrician/gynecologist; at least one member
shall be a licensed pediatrician in private practice; at
least one member shall be a consum er, family member of a
consumer or representative of a consumer group; at least one
member shall be a licensed physician experienced in the
study and treatment of hemophilia; at least one member shall
be a specialist in sickle cell anemia; and at least one
member shall be a specialist in cystic fibrosis.
3. Members of the committee shall not receive any
compensation for their services, but they shall, subject to
appropriations, be reimbursed for actual and necessary
expenses incurred in the pe rformance of their duties from
funds appropriated for that purpose.
192.745. 1. The "Missouri Brain Injury Advisory
Council" is hereby established in the department of health
and senior services. The members of the council [that are
serving on February 2, 2005, shall continue 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
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 ] director of the department
of health and senior services . The members appointed by the
[governor] director shall include: four people with brain
injuries or relatives of persons with brain injuries, and
eleven other individuals from professional groups, health
institutions, community groups, and private industry. 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 nonvoting capacity. These
individuals shall be appointed by the respective agency.
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2. The Missouri brain injury advisory council is
assigned to the department of health and senior services.
The 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.
3. Meetings of the full council shall be held at least
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. 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.
6. The council, under the direction of the department,
shall make recommendations to the department director for
developing and administering a state plan to provide
services for 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 department director.
8. The council shall be advisory and shall:
(1) Promote meetings and programs for the discussion
of reducing the debilitating effects of brain injuries and
disseminate information in cooperation with any other
department, agency or entity on the prevention, evaluation,
29
care, treatment and rehabilitation of persons affected by
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 brain-injured persons through private and public
residential facilities, day programs and other specialized
services;
(3) Recommend specific methods, means and procedures
to improve and upgrade the state's service delivery system
for brain-injured citizens of this s tate;
(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 brain -injured persons in this state;
(5) Report annually to the department director on its
activities, and on the results of its studies and the
recommendations of the council.
9. The 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.
194.300. 1. There is established within the
department of health and senior services the "Organ Donation
Advisory Committee", which shall consist of the follo wing
members appointed by the [governor with the advice and
consent of the senate ] director of the department of health
and senior services:
(1) Four representatives of organ and tissue
procurement organizations;
30
(2) Four members representa tive of organ recipients,
families of organ recipients, organ donors and families of
organ donors;
(3) One health care representative from a hospital
located in Missouri; and
(4) One representative of the department of health and
senior services.
2. Members of the advisory committee shall receive no
compensation for their services, but may be reimbursed for
the reasonable and necessary expenses incurred in the
performance of their duties out of appropriations made for
that purpose. Members shall serve for five year terms and
shall serve at the pleasure of the [governor] director.
288.220. 1. Subject to the supervision of the
director of the department of labor and industrial
relations, the division of employmen t security of the
department of labor and industrial relations shall be under
the control, management and supervision of a director who
shall be appointed by the governor, by and with the advice
and consent of the senate. The director shall serve at t he
pleasure of the governor.
2. The division shall be responsible for administering
the Missouri state unemployment insurance operation and any
other operations as are necessary to administer the state's
employment security law.
3. The central office of the division shall be
maintained in the City of Jefferson.
4. Subject to the supervision and approval of the
director of the department of labor and industrial
relations, it shall be the duty of the director to
administer this law; and the director shall have power and
authority to adopt, amend, or rescind any regulations as the
director deems necessary to the efficient internal
31
management of the division. The director shall determine
the division's organization and methods of p rocedure.
Subject to the provisions of the state [merit system]
personnel law, chapter 36, the director shall employ and
prescribe the duties and powers of the persons as may be
necessary. The director shall collaborate with the
personnel director [and the personnel advisory board ] in
establishing for employees of the division salaries
comparable to the salaries paid by other states of a similar
size and volume of operations to employees engaged in the
administration of the employment security pr ograms of those
states. The director may delegate to any such person the
power and authority as the director deems reasonable and
proper for the effective administration of the law, and may
in the director's discretion bond any person handling moneys
or signing checks. Further, the director shall have the
power to make expenditures, require reports, make
investigations and take other action not inconsistent with
this law as he or she considers necessary to the efficient
and proper administration of the law.
5. Subject to the approval of the director of the
department of labor and industrial relations and the
commission, the director shall adopt, amend or rescind the
rules and regulations as are necessary to implement any of
the provisions of this law not relating to the internal
management of the division; however, the rules and
regulations shall not become effective until ten days after
their approval by the commission and copies thereof have
been filed in the office of the secretary of state.
[36.050. 1. The personnel advisory board
and its functions, duties and powers prescribed
in this chapter is transferred by type III
transfer to the office of administration.
2. The personnel advisory board shall
consist of seven members. Four members of the
board shall be public members, citizens of the
32
state who are not state employees or officials,
of good character and reputation, who are known
to be in sympathy with the application of merit
principles to public employment. Two members
shall be employees of state agencies subject to
this chapter pursuant to subsection 1 of section
36.030 or any department, agency, or position of
the executive branch of state government not
exempted from section 36.031, on e a member of
executive management, and one a nonmanagement
employee. The state equal employment
opportunity officer shall be a member of the
board. No member of the board, during the
member's term of office, or for at least one
year prior thereto, shall be a member of any
local, state or national committee of a
political party or an officer or member of a
committee in any partisan political club or
organization, or hold, or be a candidate for, a
partisan public office. An employee member who
leaves state employment or otherwise fails to
further qualify for the appointment shall vacate
the position.
3. The members of the board shall be
appointed by the governor by and with the advice
and consent of the senate. Appointments of all
members shall be for terms of six years. Any
vacancy shall be filled by an appointment for
the unexpired term. Each member of the board
shall hold office until such member's successor
is appointed and qualified.
4. A member of the board is remov able by
the governor only for just cause, after being
given a written notice setting forth in
substantial detail the charges against the
member and an opportunity to be heard publicly
on the charges before the governor. A copy of
the charges and a transcript of the record of
the hearing shall be filed with the secretary of
state.
5. Each public member of the board shall
be paid an amount for each day devoted to the
work of the board which shall be determined by
the commissioner of administ ration and filed
with the reorganization plan of the office of
administration; provided, however, that such
amount shall not exceed that paid to members of
boards and commissions with comparable
responsibilities. All board members are
entitled to reimbursement for necessary travel
and other expenses pertaining to the duties of
the board. Duties performed for the board by
any employee member of the board shall be
considered duties in connection with the
appointment of the individual, and such em ployee
member shall suffer no loss of regular
compensation by reason of performance of such
duties.
33
6. The board shall elect from among its
membership a chairman and vice chairman, who
shall act as chairman in the chairman's
absence. It shall meet at the times and places
specified by call of the chairman, the governor,
or the director. At least one meeting shall be
held every three months. All regular meetings
are open to the public. Notice of each meeting
shall be given in writing to e ach member by the
director. Four members shall constitute a
quorum for the transaction of official business.
7. To assist in the performance of its
duties the board may employ staff from funds
appropriated for this purpose; provided,
however, that this provision shall not be
interpreted to limit the ability of the
personnel director to provide assistance to the
board.]