SECOND REGULAR SESSION
92ND GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE HARRIS (23).
Read 1st time April 26, 2004, and copies ordered printed.
STEPHEN S. DAVIS, Chief Clerk
AN ACT
To amend chapter 287, RSMo, by adding thereto one new section relating to workers' compensation.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 287, RSMo, is amended by adding thereto one new section, to be known as section 287.978, to read as follows:
287.978. 1. As used in this section the following terms shall mean:
(1) "Council", the "Missouri State Workers' Compensation Council" created under subsection 2 of this section;
(2) "Department", the department of labor and industrial relations;
(3) "Director", the director of the department of labor and industrial relations;
2. There is hereby created a "Missouri State Workers' Compensation Council" which shall consist of ten appointed voting members and four appointed nonvoting members.
3. The members of the council shall be appointed as follows:
(1) The ten voting members shall be appointed to the council by the director. Five voting members shall be appointed on account of their vocation, employment, or affiliations being representative of employers. Five voting members shall be appointed on account of their vocation, employment, or affiliations being representative of employees;
(2) The four nonvoting members shall be appointed to the council by the director. Three nonvoting members shall be representatives of insurers authorized to do workers' compensation insurance business in this state. One nonvoting member shall be an employee of the department and shall serve as chairperson of the council.
3. Six voting members shall constitute a quorum and the council shall act only upon the affirmative vote of at least five of the voting members. The council shall meet no fewer than four times yearly. Members of the council shall serve without compensation, but are to be reimbursed the amount of actual expenses. Actual expenses shall be paid from funds appropriated from the general revenue.
4. The department shall provide professional and clerical assistance as needed for regularly scheduled meetings.
5. All council members shall serve for a term of six years. At the end of a council member's term he or she may be reappointed; however, he or she shall serve no more than two terms for a maximum of twelve years.
6. The council shall advise the department in carrying out the purposes of this chapter. The council shall submit annually by January fifteenth to the governor and the general assembly its recommendations regarding amendments of this chapter.
7. The council shall present to the department every proposal of the council for changes in this chapter and shall seek the department's concurrence with the proposal. The department shall give careful consideration to every proposal submitted by the council for legislative or administrative action and shall review each legislative proposal for possible incorporation into department recommendations. The council shall also report its views upon any pending bill to the proper legislative committee.
8. The council shall have access to only the records of the department that are necessary for the administration of this chapter and to the reasonable services of the employees of the department. The council may request the director or any of the employees appointed by the director or any employee subject to this chapter to appear before it and to testify relative to the functioning of this chapter and to other relevant matters. The council may conduct research of its own, make and publish reports, and recommend to the department needed changes in this chapter or in the rules of the department as it considers necessary.
9. The council, unless prohibited by a concurrent resolution of the general assembly, shall be authorized to commission an outside study of Missouri workers' compensation law. The study shall be conducted every five years, the first being conducted in fiscal year 2009. The study shall be funded subject to appropriation from the general revenue in an amount no greater than twenty-five thousand dollars.