Missouri Statute | Act | Code |Labor And Industrial Relations| US Code - US Statute | Chapter 286 Department Of Labor And Industrial Relations

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) "Director", the director of the department of labor and industrial
relations;

(5) "Division", the divisions of employment security, labor standards and
workers' compensation; and

(6) "Division heads", the division directors for each of the divisions.
(L. 1995 H.B. 300 & 95)

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. (L. 1973 1st Ex. Sess. S.B. 1 § 8, A.L. 1977 H.B.
841, A.L. 1980 H.B. 1266, A.L. 1981 S.B. 389 § 8 Reorg. Act 1974, A.L.
1984 S.B. 528, A.L. 1986 S.B. 426, A.L. 1995 H.B. 300 & 95)

*Originally section 8 of the Reorganization Act of 1974, transferred 1986.

Revisor's note: Salary adjustment index is printed, as required by §
105.005, in Appendix E.

There is hereby created and established a separate department of
the state government to be known as "The Department of Labor and
Industrial Relations". Such department shall be under the control,
management and supervision of a commission to be known and designated as
"The Labor and Industrial Relations Commission of Missouri". Such
commission shall consist of three members, each of whom shall have
resided in this state for at least five years immediately prior to the
person's appointment, to be appointed by the governor, by and with the
advice and consent of the senate. One member of the commission shall be a
person who, on account of the person's previous vocation, employment,
affiliation or interests shall be classified as a representative of
employers, and one member who, on account of the person's previous
vocation, employment, affiliation or interests shall be classified as a
representative of employees, and one member, who, by reason of the
person's previous activities and interests shall be classified as a
representative of the public and who is licensed to practice law in the
state of Missouri; provided, however, that not more than two members of
the commission shall be of the same political party. A member of the
commission shall be designated by the governor as the chairman of the
commission. During the member's term of membership on the commission, no
member shall engage in any other business, vocation or employment, or
serve as an officer or committee member of any political party or
organization. Any two commissioners shall constitute a quorum. The
governor shall fill any vacancy within sixty days but no vacancy shall
impair the right of the remaining commissioners to exercise all powers of
the commission. (L. 1945 p. 1101 § 1. A.L. 1995 H.B. 300 & 95)

(1972) Where the final award and the order denying the motion to vacate
were signed by two members of the commission thus constituting a quorum
or majority, they were acts of the commission and were totally within its
powers even though the member dissenting each time was a different
member. Graphenreed v. Ford Motor Company (A.), 472 S.W.2d 68.

The term of office of each member of the commission shall be six
years except that when first constituted one member shall be appointed
for two years, one for four years and one for six years, and thereafter
all vacancies shall be filled as they occur. The terms of office of the
first members of the commission shall begin on the date of their
appointment which shall be within thirty days after the effective date of
this chapter. Any member appointed to fill a vacancy occurring prior to
the expiration of the term for which the member's predecessor was
appointed shall be appointed by the governor, by and with the advice and
consent of the senate, for the remainder of such term. Every commission
member appointed to serve, either as a permanent, an acting, a temporary,
an interim, or as a legislative recess appointment, shall appear for
confirmation before the senate within thirty days after the senate next
convenes for regular session. Any member appointed to or serving the
labor and industrial relations commission without senate confirmation
after said time period shall immediately resign from the commission and
shall not be reappointed to the same office or position in accordance
with section 51 of article IV of the Missouri Constitution. The governor
may remove any member of the commission, after notice and hearing, for
gross inefficiency, mental or physical incapacity, neglect of duties,
malfeasance, misfeasance or nonfeasance in office, incompetence or for
any offense involving moral turpitude or oppression in office. (L. 1945
p. 1101 § 2, A.L. 1995 H.B. 300 & 95, A.L. 2005 S.B. 1 & 130)

The commission shall appoint a secretary who shall serve at the
pleasure of the commission. The secretary shall be a citizen and a
qualified voter of this state and shall have had at least five years'
experience in business or public administration or office management. The
secretary shall keep full and true records of all proceedings of the
commission and copies of all rules, regulations, decisions and orders
made by the commission and he shall be responsible to it for the safe
custody and preservation of such records and documents. Under the
direction of the commission, the secretary shall have general charge of
its office, superintend its clerical business, coordinate the work of the
various divisions of the department, and perform such other duties as the
commission may prescribe. The secretary shall receive a salary in an
amount to be fixed by the commission. (L. 1945 p. 1101 § 4, A.L. 1947 V.
II p. 278, A.L. 1957 p. 571, A.L. 1963 p. 408, A.L. 1980 H.B. 1266, A.L.
1995 H.B. 300 & 95)

Each member of the commission, the secretary and each head of a
division within the department, before entering upon the person's duties
shall take and subscribe to an oath or affirmation to support the
Constitution of the United States and of this state and to faithfully
discharge the duties of the person's office. (L. 1945 p. 1101 § 5, A.L.
1995 H.B. 300 & 95)

1. It shall be the duty of the labor and industrial relations
commission, and it shall have power, jurisdiction and authority:

(1) To sue and be sued in its official name;

(2) To have and use an official seal bearing the following inscription:
"The Labor and Industrial Relations Commission of the State of Missouri",
which shall be judicially noticed;

(3) To have all powers, duties and responsibilities conferred or imposed
upon it by the workers' compensation law (chapter 287, RSMo) and by the
unemployment compensation law (chapter 288, RSMo);

(4) To approve or disapprove all rules or regulations promulgated by any
division within the department. Such rules or 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;

(5) To establish and maintain as far as practicable a central system of
collecting, preparing, compiling and reporting all material for
statistical use in all divisions of the department of labor and
industrial relations, and to this end the department shall have access to
the books and records of all state departments, except those which are
required by law to be kept confidential. The commission may by regulation
permit employers or other persons to file combined reports of information
required by law to be reported to the several divisions within the
department whenever it finds that same or similar information is required
by law to be reported by such employers or persons to more than one
division within the department;

(6) To maintain, as far as practicable, a central system for payroll and
other accounting for the several divisions in the department;

(7) To compile and publish, in printed form, the laws under which the
commission and the various divisions in the department operate, together
with all rules and regulations (except such rules and regulations which
relate to the internal management of the department) which have been
adopted by or with the approval of the commission, and to furnish copies
thereof to any citizen of the state upon request;

(8) To adopt all regulations necessary to the efficient internal
management of the department, not inconsistent with any provisions of
law, and such regulations shall become effective immediately upon
adoption, unless the commission shall otherwise order; to adopt
regulations governing its proceedings in connection with the exercise of
its quasi-judicial functions, and such regulations shall become effective
ten days after copies thereof are filed in the office of the secretary of
state;

(9) The commission or any member thereof may hold hearings, require the
attendance of witnesses, administer oaths and take testimony;

(10) Each of the commissioners shall have power to certify to official
acts;

(11) To prepare and submit to each regular session of the general
assembly and to the governor at the beginning of each session of the
general assembly, a complete and detailed report of the activities of the
department, including the activities of each division within the
department, during the preceding biennial period. Such report shall
include a balance sheet of the moneys in the various administrative funds
under its jurisdiction as well as all information required to be reported
by the various laws under its jurisdiction, which reports shall be in
lieu of any report to the general assembly now required by law for any
department or office, the powers and duties of which are by this chapter
vested in a division in the department of labor and industrial relations;

(12) To require the division of employment security to furnish it with a
stenographer or clerk to file, process and keep records of all cases
appealed from that division to the labor and industrial relations
commission; and**

(13) To have and perform such other powers and duties as may be conferred
or imposed upon it by law.

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. (L. 1945 p. 1101 § 6, A.L. 1947
V. II p. 278, A.L. 1980 H.B. 1396, A.L. 1995 S.B. 3)

*This section was amended by both S.B. 3 and H.B. 300 & 95 during the 1st
Regular Session of the 88th General Assembly, 1995. Due to possible
conflict, both versions are printed here.

**Word "and" does not appear in original rolls.

CROSS REFERENCES: Additional duties, director of division of workers'
compensation, RSMo 286.121 Workers' compensation claims to be reviewed
only by administrative law judges, commission or appellate courts, RSMo
287.801

1. It shall be the duty of the commission, and it shall have
power, jurisdiction and authority:

(1) To sue and be sued in its official name;

(2) To have and use an official seal bearing the following inscription:
"The Labor and Industrial Relations Commission of the State of Missouri",
which shall be judicially noticed;

(3) To have all powers, duties and responsibilities conferred or imposed
upon it by the workers' compensation law (chapter 287, RSMo), the victims
of crime law, chapter 595, RSMo, the division of labor standards law
(within chapters 286, 290, 291, 292, 293, 294 and 444, RSMo), and the
unemployment compensation law (chapter 288, RSMo);

(4) To approve or disapprove all rules or regulations promulgated by any
division within the department;

(5) To establish and maintain as far as practicable a central system of
collecting, preparing, compiling and reporting all material for
statistical use in all divisions of the department of labor and
industrial relations, and to this end the department shall have access to
the books and records of all state departments, except those which are
required by law to be kept confidential. The commission may by regulation
permit employers or other persons to file combined reports of information
required by law to be reported to the several divisions within the
department whenever it finds that same or similar information is required
by law to be reported by such employers or persons to more than one
division within the department;

(6) To maintain, as far as practicable, a central system for payroll and
other accounting for the several divisions in the department;

(7) To compile and publish, in printed form, at the expense of the
divisions within the department all rules and regulations (except such
rules and regulations which relate to the internal management of the
department) which have been adopted by or with the approval of the
commission, and to furnish copies thereof to any citizen of the state
upon request;

(8) To adopt all regulations necessary to the efficient internal
management of the department, not inconsistent with any provisions of
law; and to adopt regulations governing its proceedings in connection
with the exercise of its quasi-judicial functions;

(9) The commission or any member of the commission may hold hearings,
require the attendance of witnesses, administer oaths and take testimony;

(10) Each of the commissioners shall have power to certify to official
acts;

(11) To prepare and submit to each regular session of the general
assembly and to the governor at the beginning of each session of the
general assembly, a complete and detailed report of the activities of the
department, including the activities of each division within the
department, during the preceding biennial period. Such report shall
include a balance sheet of the moneys in the various administrative funds
under its jurisdiction as well as all information required to be reported
by the various laws under its jurisdiction, which reports shall be in
lieu of any report to the general assembly now required by law for any
department or office, the powers and duties of which are by this chapter
vested in a division in the department of labor and industrial relations;

(12) To require the division of employment security to furnish it with a
stenographer or clerk to file, process and keep records of all cases
appealed from that division to the labor and industrial relations
commission; and

(13) To have and perform such other powers and duties as may be conferred
or imposed upon it by law.

2. No rule or portion of a rule promulgated under the authority of this
chapter shall become effective until it has been approved by the joint
committee on administrative rules in accordance with the procedures
provided in this section, and the delegation of the legislative authority
to enact law by the adoption of such rules is dependent upon the power of
the joint committee on administrative rules to review and suspend rules
pending ratification by the senate and the house of representatives as
provided in this section.

3. Upon filing any proposed rule with the secretary of state, the filing
agency shall concurrently submit such proposed rule to the committee,
which may hold hearings upon any proposed rule or portion thereof at any
time.

4. A final order of rulemaking shall not be filed with the secretary of
state until thirty days after such final order of rulemaking has been
received by the committee. The committee may hold one or more hearings
upon such final order of rulemaking during the thirty-day period. If the
committee does not disapprove such order of rulemaking within the thirty-
day period, the filing agency may file such order of rulemaking with the
secretary of state and the order of rulemaking shall be deemed approved.

5. The committee may, by majority vote of the members, suspend the order
of rulemaking or portion thereof by action taken prior to the filing of
the final order of rulemaking only for one or more of the following
grounds:

(1) An absence of statutory authority for the proposed rule;

(2) An emergency relating to public health, safety or welfare;

(3) The proposed rule is in conflict with state law;

(4) A substantial change in circumstance since enactment of the law upon
which the proposed rule is based.

6. If the committee disapproves any rule or portion thereof, the filing
agency shall not file such disapproved portion of any rule with the
secretary of state and the secretary of state shall not publish in the
Missouri Register any final order of rulemaking containing the
disapproved portion.

7. If the committee disapproves any rule or portion thereof, the
committee shall report its findings to the senate and the house of
representatives. No rule or portion thereof disapproved by the committee
shall take effect so long as the senate and the house of representatives
ratify the act of the joint committee by resolution adopted in each house
within thirty legislative days after such rule or portion thereof has
been disapproved by the joint committee.

8. Upon adoption of a rule as provided in this section, any such rule or
portion thereof may be suspended or revoked by the general assembly
either by bill or, pursuant to section 8, article IV of the Constitution
of Missouri, by concurrent resolution upon recommendation of the joint
committee on administrative rules. The committee shall be authorized to
hold hearings and make recommendations pursuant to the provisions of
section 536.037, RSMo. The secretary of state shall publish in the
Missouri Register, as soon as practicable, notice of the suspension or
revocation. (L. 1945 p. 1101 § 6, A.L. 1947 V. II p. 278, A.L. 1980 H.B.
1396, A.L. 1995 H.B. 300 & 95)

*This section was amended by both S.B. 3 and H.B. 300 & 95 during the lst
Regular Session of the 88th General Assembly, 1995. Due to possible
conflict, both versions are printed here.

CROSS REFERENCE: Workers' compensation claims to be reviewed only by
administrative law judges, commission or appellate courts, RSMo 287.801

The board of public buildings shall provide suitable offices for
the commission. All costs, except the salaries of the commissioners, the
secretary of the commission, clerks, stenographers, statisticians and
attorneys, as may be reasonably required in the performance of the
commission's duties, including cost of furniture, equipment, materials,
supplies, repairs, additions, travel, operations, salaries, printing,
shall be paid out of the general revenue, and the general assembly shall
make adequate appropriations for all such expenses. The commission shall
employ and fix the compensation of such clerks, stenographers,
statisticians and attorneys as may be reasonably required in the
performance of the commission's duties. Said compensation shall be funded
by the divisions of employment security, labor standards and workers'
compensation according to the workload received by the commission from
said divisions, and assigned to said personnel. (L. 1945 p. 1101 § 7,
A.L. 1947 V. II p. 278, A.L. 1995 H.B. 300 & 95)

CROSS REFERENCE: Legal advisors to commission to serve as special
consultants to the board of trustees for the Missouri state employees'
retirement system, RSMo 104.332

A full and complete record of every hearing held by the
commission or by any of the divisions within the department shall be
kept. All testimony at any such hearing shall be recorded, but need not
be transcribed unless needed in connection with further appeals. (L. 1945
p. 1101 § 8)

In every appeal coming before the commission from any of the
divisions of the department, the commission shall prepare and file a
written statement giving the commission's findings of fact and
conclusions of law on the matters in issue in such appeal together with
the reasons for the commission's decision in the appeal; except that a
decision of a division of the department meeting the requirements of this
section may be affirmed or adopted without such written statement. (L.
1945 p. 1101 § 9, A.L. 1967 p. 381, A.L. 1995 H.B. 300 & 95)

The commission and each of the divisions in the department shall
keep their central offices in Jefferson City. The board of public
buildings, or such agency as may exercise the powers and duties now
performed by such board, shall, as far as practicable and as soon as
possible, furnish centralized office space and quarters for the
department and each of its divisions. (L. 1945 p. 1101 § 11, A.L. 1995
H.B. 300 & 95)

There is hereby created within the department the following
divisions:

(1) The division of workers' compensation;

(2) The division of employment security; and

(3) The division of labor standards. (L. 1945 p. 1101 § 12, A.L. 1947 V.
II p. 278, A. 1949 S.B. 1102, A.L. 1995 H.B. 300 & 95)

Subject to the supervision of the director of the department of
labor and industrial relations, the division of workers' compensation
shall be supervised and controlled by a division director who shall be
appointed by and report to the director of the department of labor and
industrial relations. The division director shall have all of the powers
now vested by law in administrative law judges by the provisions of the
workers' compensation law. Under the supervision of the director of the
department of labor and industrial relations, the division director shall
exercise such powers, duties and responsibilities as deemed necessary and
as prescribed by the director of the department of labor and industrial
relations in connection with the administration of the workers'
compensation law (chapter 287, RSMo), and the victims of crime law
(chapter 595, RSMo). Before entering upon the division director's duties,
the director of the division of workers' compensation shall give a bond
to the state of Missouri in the sum of twenty-five thousand dollars,
conditioned that said division director will faithfully account for all
moneys and property that may come into the division director's hands by
virtue of the division director's office, and if a surety bond is given,
the premium therefor shall be paid by the state from the workers'
compensation fund. (L. 1945 p. 1101 § 12, A.L. 1947 V. II p. 278, A. 1949
S.B. 1102, A.L. 1953 p. 528, A.L. 1957 p. 559, A.L. 1961 p. 423, A.L.
1980 H.B. 1266, H.B. 1396, A.L. 1995 H.B. 300 & 95)

CROSS REFERENCE: Workers' compensation, Chap. 287, RSMo

1. The director shall compile or supervise the compilation of
all statistics and information relating to occupational injuries and
illnesses required by and for the use of the United States Department of
Labor in implementing the provisions of the Occupational Safety and
Health Act of 1970. The director shall also compile or supervise the
compilation of all statistics required of the division by the United
States Atomic Energy Commission.

2. The labor and industrial relations commission of the Missouri
department of labor and industrial relations, having been designated by
the governor as the agency responsible for administering the provisions
of the Occupational Safety and Health Act of 1970, is charged with the
express duty and responsibility to take all possible steps necessary in
order to comply with the terms, provisions and requirements of said act
insofar as it is applicable to Missouri. (L. 1971 S.B. 362 § 1, A.L. 1980
H.B. 1266, H.B. 1396, A.L. 1981 S.B. 389, A.L. 1995 H.B. 300 & 95)

Subject to the supervision of the director of the department of
labor and industrial relations, the division of employment security is
under the control, management and supervision of a director who shall be
appointed by the governor as otherwise provided by law. The division
director shall perform all duties and have all the powers and
responsibilities conferred and imposed upon him by the Missouri
employment security law. (L. 1945 p. 1101 § 12, A.L. 1947 V. II p. 278,
A. 1949 S.B. 1102, A.L. 1957 p. 557, A.L. 1995 H.B. 300 & 95)

CROSS REFERENCE: Employment security, Chap. 288, RSMo

The division of labor standards shall be supervised by a
division director who shall be appointed by and report to the director of
the department of labor and industrial relations. The division director
shall exercise such powers, duties and responsibilities as deemed
necessary and as prescribed by the director of the department of labor
and industrial relations in connection with the administration of the
provisions of chapters 286, 290, 291, 292, 293, 294 and 444, RSMo, that
pertain to the division of labor standards. The division director shall
make an investigation of all accidents, occurring in occupations under
the statutory jurisdiction of the division, which result in death and
file a written report in the office of the division of labor standards
and in the office of the department director and make safety
recommendations to the employer where the accident occurred. (L. 1967 p.
382, A.L. 1995 H.B. 300 & 95)

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. (L. 1977 H.B. 577 §
1, A.L. 1984 S.B. 464, A.L. 1989 S.B. 88, A.L. 1994 S.B. 672)

*Words "on the employment" do not appear in original rolls.

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. (L. 1977 H.B. 577 § 2, A.L. 1989 S.B.
88, A.L. 1994 S.B. 672)

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. (L.
1977 H.B. 577 § 3, A.L. 1995 H.B. 300 & 95)

There is hereby created within the department of labor and
industrial relations a "Department of Labor and Industrial Relations
Administrative Fund" which shall be administered by the director of the
department of labor and industrial relations. Moneys in the fund shall
only be expended by the department of labor and industrial relations to
administer the laws under the jurisdiction of the department and to
provide goods and services which relate to the administration of these
laws. The fund shall consist of revenues derived from privileges,
conveniences, contracts, goods or services provided by the department of
labor and industrial relations or any of the department's agencies to any
governmental entity, public or private entities; moneys received as
gifts, grants, bequests or contributions from private, federal, county or
municipal entities; or other moneys which are transferred or paid to the
department of labor and industrial relations or any of the department's
agencies. The state treasurer shall be the custodian of the fund and
shall provide disbursement from the fund at the request of the director
of the department of labor and industrial relations for the reimbursement
of goods and services necessary for the administration of the laws within
the jurisdiction of the department of labor and industrial relations.
Quarterly transfers from departmental funds and general revenue, if
appropriate, shall be made on the first day of each quarter of the state
fiscal year, except that funding for one-time, extraordinary or
nonoperating expenses may be transferred in the first quarter in its
entire annual amount. 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 fiscal year exceeds one and one quarter times the
appropriations from the 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 fund for
the preceding fiscal year. Interest accruing to the fund shall be part of
the fund. The director of the department of labor and industrial
relations shall include a reporting of all receipts and expenditures from
the fund in the department's annual budget. (L. 1999 S.B. 234)

Effective 7-1-99

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