SECOND REGULAR SESSION
92ND GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES WHORTON (Sponsor) AND WALLACE (Co-sponsor).
Read 1st time January 13, 2004, and copies ordered printed.
STEPHEN S. DAVIS, Chief Clerk
AN ACT
To repeal section 226.030, RSMo, and to enact in lieu thereof one new section relating to the state highways and transportation commission.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 226.030, RSMo, is repealed and one new section enacted in lieu thereof, to be known as section 226.030, to read as follows:
226.030. 1. Prior to January 1, 2006, the state highways and transportation commission shall consist of six members, who shall be appointed by the governor, by and with the advice and consent of the senate, not more than three thereof to be members of the same political party. Beginning January 1, 2006, the commission shall consist of ten members, who shall be appointed by the governor, by and with the advice and consent of the senate, not more than five thereof to be members of the same political party, and each commissioner appointed after such date shall be a resident of a department of transportation geographic district different from that of the other commissioners. Each commissioner shall be a taxpayer and resident of state for at least five years prior to his or her appointment. Any commissioner may be removed by the governor if fully satisfied of his or her inefficiency, neglect of duty, or misconduct in office. Commissioners appointed pursuant to this section shall be appointed for terms of six years. Upon the expiration of each of the foregoing terms of these commissioners a successor shall be appointed for a term of six years or until his or her successor is appointed and qualified which term of six years shall thereafter be the length of term of each member of the commission unless removed as above provided. The members of the commission shall receive as compensation for their services twenty-five dollars per day for the time spent in the performance of their official duties, and also their necessary traveling and other expenses incurred while actually engaged in the discharge of their official duties. [Members whose terms otherwise expire December 1, 2003, shall serve with terms expiring March 1, 2004, and] New members or the members reappointed prior to August 28, 2004, shall be appointed for terms expiring March 1, 2005; a member whose term otherwise expires December 1, 2005, and a new member appointed after August 28, 2004, shall each serve with a term expiring March 1, 2007; a new member appointed after August 28, 2004, shall serve with a term expiring March 1, 2008; a member whose term otherwise expires December 1, 2007, and a new member appointed after August 28, 2004, shall each serve with a term expiring March 1, 2009; [and] one member whose term otherwise expires October 13, 2007, shall serve with a term expiring March 1, 2007; [and] one member whose term otherwise expires October 13, 2007, shall serve with a term expiring March 1, 2009, and a new member appointed after August 28, 2004, shall serve with a term expiring March 1, 2010. If a vacancy occurs in any term of a commissioner due to death, resignation, or removal, a successor shall be appointed for only the remainder of the unexpired term.
2. Beginning August 28, 2003, when two members of the state highways and transportation commission are within two years of expiration of their terms, the commission shall appoint one of those two members as chair of the commission and the other as vice chair, each to serve in such position for one year. At the end of such year, the member currently serving as chair shall then serve as vice chair, and the member currently serving as vice chair shall serve as chair, each to serve in such position for one year.
3. No more than one-half of the members of the state highways and transportation commission shall be of the same political party. The selection and removal of all employees of the department of highways and transportation shall be without regard to political affiliation.
4. The present members of the state highways and transportation commission shall serve as members of the state highways and transportation commission for the remainder of the terms for which they were appointed, except as provided in subsection 1 of this section.
5. The director of the department of transportation shall, by February fifteenth of each year, present an annual state of the state of transportation to a joint session of the general assembly. The [six] members of the state highways and transportation commission shall be present and available at such presentations for questions by members. The transportation inspector general may also be present and report to the general assembly on any matter of concern within his or her statutory authority. The provisions of this subsection shall expire August 28, [2008] 2010.