402.210. Board of trustees--members, appointment, term, qualifications, expenses--annual accounting--rules and regulations.

Board of trustees--members, appointment, term, qualifications,expenses--annual accounting--rules and regulations.

402.210. 1. There is hereby created the "Missouri Family Trust Boardof Trustees", which shall be a body corporate and an instrumentality of thestate. The board of trustees shall consist of nine persons appointed bythe governor with the advice and consent of the senate. The members' termsof office shall be three years and until their successors are appointed andqualified. The trustees shall be persons who are not prohibited fromserving by sections 105.450 to 105.482, RSMo, and who are not otherwiseemployed by the department of mental health. The board of trustees shallbe composed of the following:

(1) Three members of the immediate family of persons who have adisability or are the recipients of services provided by the department inthe treatment of mental illness. The advisory council for comprehensivepsychiatric services, created pursuant to section 632.020, RSMo, shallsubmit a panel of nine names to the governor, from which he shall appointthree. One shall be appointed for a term of one year, one for two years,and one for three years. Thereafter, as the term of a trustee expires eachyear, the Missouri advisory council for comprehensive psychiatric servicesshall submit to the governor a panel of not less than three nor more thanfive proposed trustees, and the governor shall appoint one trustee fromsuch panel for a term of three years;

(2) Three members of the immediate family of persons who arerecipients of services provided by the department in the habilitation ofthe mentally retarded or developmentally disabled. The Missouri advisorycouncil on mental retardation and developmental disabilities, createdpursuant to section 633.020, RSMo, shall submit a panel of nine names tothe governor, from which he shall appoint three. One shall be appointedfor one year, one for two years and one for three years. Thereafter, asthe term of a trustee expires each year, the Missouri advisory council onmental retardation and developmental disabilities shall submit to thegovernor a panel of not less than three nor more than five proposedtrustees, and the governor shall appoint one trustee from such panel for aterm of three years;

(3) Three persons who are recognized for their expertise in generalbusiness matters and procedures. Of the three business people to beappointed by the governor, one shall be appointed for one year, one for twoyears and one for three years. Thereafter, as the term of a trusteeexpires each year, the governor shall appoint one business person astrustee for a term of three years.

2. The trustees shall receive no compensation for their services.The trust shall reimburse the trustees for necessary expenses actuallyincurred in the performance of their duties.

3. As used in this section, the term "immediate family" includesspouse, parents, parents of spouse, children, spouses of children andsiblings.

4. The board of trustees shall be subject to the provisions ofsections 610.010 to 610.120, RSMo.

5. The board of trustees shall annually prepare or cause to beprepared an accounting of the trust funds and shall transmit a copy of theaccounting to the governor, the president pro tempore of the senate and thespeaker of the house of representatives.

6. The board of trustees shall establish policies, procedures andother rules and regulations necessary to implement the provisions ofsections 402.199 to 402.220.

(L. 1989 H.B. 318 § 3, A.L. 1991 S.B. 311, A.L. 1993 H.B. 136 merged with S.B. 338, A.L. 1999 S.B. 211)