286.005. Creation of department of labor and industrial relations, general powers and duties--commission created, compensation--director's appointment--department, administrative entity for govern

Creation of department of labor and industrial relations, generalpowers and duties--commission created, compensation--director'sappointment--department, administrative entity for governor's councilon disability.

286.005. 1. There is hereby created a "Department of Labor andIndustrial Relations" to be headed by a labor and industrial relationscommission as provided by section 49, article IV, Constitution of Missouri.All the powers, duties and functions of the industrial commission aretransferred by type I transfer to the labor and industrial relationscommission and the industrial commission is abolished. The commissionshall nominate and the governor shall appoint, with the advice and consentof the senate, the director of the department to be the chiefadministrative officer of the department. Members of the industrialcommission on May 2, 1974, shall become members of the commission and theterms of the commission members shall be the same as provided by law forthe industrial commission. Individuals appointed as members of theindustrial commission shall serve the remainder of the term to which theywere appointed as members of the commission. The members of the commissionshall receive an annual salary of seventy-two thousand seven hundredthirty-five dollars plus any salary adjustment provided pursuant to section105.005, RSMo, payable out of the state treasury. The board ofrehabilitation is abolished as hereinafter set out and on May 2, 1974, nocompensation shall be paid to any person as a member of the board ofrehabilitation, other provisions of the law notwithstanding. The directorof the department shall appoint other division heads in the department.For the purposes of subsections 6, 7, 8 and 9 of section 1 of thereorganization act of 1974, the director of the department shall beconstrued as the head of the department of labor and industrial relations.

2. All powers, duties, and functions vested by law in the division ofemployment security, chapter 288, RSMo, and others, are transferred by typeII transfer to the department.

3. All powers, duties, and functions vested by law in the division ofworkers' compensation, chapter 287, RSMo, and others, are transferred bytype II transfer to the department.

4. All the powers, duties, and functions of the board ofrehabilitation, chapter 287, RSMo, and others, are transferred by type Itransfer to the division of workers' compensation of the department and theboard of rehabilitation is abolished.

5. All powers, duties and functions vested by law in the division ofindustrial inspections and the division of mine inspections, chapters 286,290, 291, 292, 293, 294 and 444, RSMo, which were previously transferred bytype I transfer to the inspection section of the department, aretransferred to the division of labor standards of the department.Employees of the division performing duties related to the mine safety andhealth act and the occupational safety health act shall be selected inaccord with chapter 36, RSMo.

6. All the powers, duties, and functions vested by law in the stateboard of mediation under chapter 295, RSMo, and others, are transferred bytype II transfer to the department.

7. All employees of the division of employment security shall beselected in accord with chapter 36, RSMo.

8. The Missouri commission on human rights, and all the authority,powers, duties, functions, records, personnel, property, matters pendingand other pertinent vestiges thereof vested in the Missouri commission onhuman rights under chapters 213, 296, 314, and others, RSMo, aretransferred by type III transfer to the department. Members of theMissouri commission on human rights shall be nominated by the director forappointment by the governor, by and with the advice and consent of thesenate.

9. The department shall act as the administrative entity for thegovernor's council on disability. The federal and state funds necessaryfor the administration and implementation of the programs and servicesprovided by the governor's council on disability shall be appropriatedthrough 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.