1 | 1 | | |
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2 | 2 | | EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted |
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3 | 3 | | and is intended to be omitted in the law. |
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4 | 4 | | FIRST REGULAR SESSION |
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5 | 5 | | SENATE BILL NO. 569 |
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6 | 6 | | 103RD GENERAL ASSEMBLY |
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7 | 7 | | INTRODUCED BY SENATOR ROBERTS. |
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8 | 8 | | 2196S.01I KRISTINA MARTIN, Secretary |
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9 | 9 | | AN ACT |
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10 | 10 | | To repeal section 644.021, RSMo, and to enact in lieu thereof one new section relating to the |
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11 | 11 | | membership requirements of the clean water commission. |
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12 | 12 | | |
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13 | 13 | | Be it enacted by the General Assembly of the State of Missouri, as follows: |
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14 | 14 | | Section A. Section 644.021, RSMo, is repealed and one new 1 |
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15 | 15 | | section enacted in lieu thereof, to be known as section 644.021, 2 |
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16 | 16 | | to read as follows:3 |
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17 | 17 | | 644.021. 1. There is hereby created a water 1 |
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18 | 18 | | contaminant control agency to be known as the "Clean Water 2 |
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19 | 19 | | Commission of the State of Missouri", whose domicile for the 3 |
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20 | 20 | | purposes of sections 644.006 to 644.141 shall be deemed to 4 |
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21 | 21 | | be that of the departme nt of natural resources. The 5 |
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22 | 22 | | commission shall consist of seven members appointed by the 6 |
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23 | 23 | | governor with the advice and consent of the senate. No more 7 |
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24 | 24 | | than four of the members shall belong to the same political 8 |
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25 | 25 | | party. All members shall be representativ e of the general 9 |
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26 | 26 | | interest of the public and shall have an interest in and 10 |
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27 | 27 | | knowledge of conservation and the effects and control of 11 |
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28 | 28 | | water contaminants. [At least two members shall be 12 |
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29 | 29 | | knowledgeable concerning the needs of agriculture, industry 13 |
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30 | 30 | | or mining and interested in protecting these needs ] Each 14 |
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31 | 31 | | member of the commission shall serve in a manner consistent 15 |
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32 | 32 | | with the purposes of sections 644.006 to 644.141 [. One 16 |
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33 | 33 | | member shall be knowledgeable concerning the needs of 17 |
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34 | 34 | | publicly owned wastewater treatme nt works. No more than 18 SB 569 2 |
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35 | 35 | | four members shall represent the public. No member shall 19 |
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36 | 36 | | receive, or have received during the previous two years, a 20 |
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37 | 37 | | significant portion of his or her income directly or 21 |
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38 | 38 | | indirectly from permit holders or applicants for a permit 22 |
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39 | 39 | | pursuant to any federal water pollution control act as 23 |
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40 | 40 | | amended and as applicable to this state ] and the commission 24 |
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41 | 41 | | shall be comprised of the following members: 25 |
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42 | 42 | | (1) One member knowledgeable concerning the needs of 26 |
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43 | 43 | | agriculture; 27 |
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44 | 44 | | (2) One member knowledgeable concerning the needs of 28 |
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45 | 45 | | industry or mining; 29 |
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46 | 46 | | (3) One member knowledgeable concerning the needs of 30 |
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47 | 47 | | publicly owned wastewater treatment works; and 31 |
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48 | 48 | | (4) Four members representing the public . 32 |
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49 | 49 | | All members appointed on or after Aug ust 28, 2002, shall 33 |
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50 | 50 | | have demonstrated an interest and knowledge about water 34 |
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51 | 51 | | quality. All members appointed on or after August 28, 2002, 35 |
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52 | 52 | | shall be qualified by interest, education, training or 36 |
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53 | 53 | | experience to provide, assess and evaluate scientific and 37 |
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54 | 54 | | technical information concerning water quality, financial 38 |
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55 | 55 | | requirements and the effects of the promulgation of 39 |
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56 | 56 | | standards, rules and regulations. At the first meeting of 40 |
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57 | 57 | | the commission and [at yearly intervals] annually 41 |
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58 | 58 | | thereafter, the members shall sele ct from among themselves a 42 |
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59 | 59 | | chairman and a vice chairman. The governor shall not 43 |
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60 | 60 | | appoint any person who has a substantial interest, as 44 |
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61 | 61 | | defined in section 105.450, in any business entity regulated 45 |
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62 | 62 | | under this chapter or any business entity which would be 46 |
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63 | 63 | | regulated under this chapter if located in the state. The 47 |
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64 | 64 | | commission shall establish rules which specify when members 48 |
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65 | 65 | | shall exempt themselves from participating in discussions 49 SB 569 3 |
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66 | 66 | | and from voting on issues before the commission due to 50 |
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67 | 67 | | potential conflict of interest. Prior to any vote on any 51 |
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68 | 68 | | variance, appeal, or order, the commission shall adopt a 52 |
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69 | 69 | | rule to exclude from such vote any member with a conflict of 53 |
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70 | 70 | | interest. Any person may appeal the appointment of a member 54 |
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71 | 71 | | on the grounds of conflict of int erest. A member of the 55 |
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72 | 72 | | commission has a conflict of interest when he or she is able 56 |
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73 | 73 | | to utilize the commission to obtain a personal or 57 |
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74 | 74 | | professional benefit outside the jurisdiction of the 58 |
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75 | 75 | | commission. Any rule or portion of a rule, as that term is 59 |
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76 | 76 | | defined in section 536.010, that is created under the 60 |
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77 | 77 | | authority delegated in this section shall become effective 61 |
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78 | 78 | | only if it complies with and is subject to all of the 62 |
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79 | 79 | | provisions of chapter 536 and, if applicable, section 63 |
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80 | 80 | | 536.028. This section and chapter 536 are nonseverable and 64 |
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81 | 81 | | if any of the powers vested with the general assembly 65 |
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82 | 82 | | pursuant to chapter 536 to review, to delay the effective 66 |
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83 | 83 | | date, or to disapprove and annul a rule are subsequently 67 |
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84 | 84 | | held unconstitutional, then the grant of rulemaking 68 |
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85 | 85 | | authority and any rule proposed or adopted after August 28, 69 |
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86 | 86 | | 2025, shall be invalid and void. 70 |
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87 | 87 | | 2. The members' terms of office shall be four years 71 |
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88 | 88 | | and until their successors are selected and qualified. 72 |
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89 | 89 | | Provided, however, that the first three members ap pointed 73 |
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90 | 90 | | shall serve a term of two years, the next three members 74 |
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91 | 91 | | appointed shall serve a term of four years, thereafter all 75 |
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92 | 92 | | members appointed shall serve a term of four years. There 76 |
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93 | 93 | | is no limitation on the number of terms any appointed member 77 |
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94 | 94 | | may serve. If a vacancy occurs the governor may appoint a 78 |
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95 | 95 | | member for the remaining portion of the unexpired term 79 |
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96 | 96 | | created by the vacancy. The governor may remove any 80 |
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97 | 97 | | appointed member for cause. The members of the commission 81 SB 569 4 |
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98 | 98 | | shall be reimbursed for travel and other expenses actually 82 |
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99 | 99 | | and necessarily incurred in the performance of their duties. 83 |
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100 | 100 | | 3. The commission shall hold at least four regular 84 |
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101 | 101 | | meetings each year and such additional meetings as the 85 |
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102 | 102 | | chairman deems desirable at a place and time to be fixe d by 86 |
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103 | 103 | | the chairman. Special meetings may be called by three 87 |
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104 | 104 | | members of the commission upon delivery of written notice to 88 |
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105 | 105 | | each member of the commission. Reasonable written notice of 89 |
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106 | 106 | | all meetings shall be given by the director to all members 90 |
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107 | 107 | | of the commission. Four members of the commission shall 91 |
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108 | 108 | | constitute a quorum. All powers and duties conferred 92 |
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109 | 109 | | specifically upon members of the commission shall be 93 |
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110 | 110 | | exercised personally by the members and not by alternates or 94 |
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111 | 111 | | representatives. All actions of the commission shall be 95 |
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112 | 112 | | taken at meetings open to the public. Any member absent 96 |
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113 | 113 | | from [six] four consecutive regular commission meetings for 97 |
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114 | 114 | | any cause whatsoever shall be deemed to have resigned and 98 |
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115 | 115 | | the vacancy shall be filled immediately in accordance wit h 99 |
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116 | 116 | | subsection [1] 2 of this section. 100 |
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117 | 117 | | |
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