620.010. Department of economic development created--divisions--agencies--boards and commissions--personnel--powers and duties--rules, procedure.
Department of economic developmentcreated--divisions--agencies--boards andcommissions--personnel--powers and duties--rules, procedure.
620.010. 1. There is hereby created a "Department of EconomicDevelopment" to be headed by a director appointed by the governor, by andwith the advice and consent of the senate. All of the general provisions,definitions and powers enumerated in section 1 of the Omnibus StateReorganization Act of 1974 shall continue to apply to this department andits divisions, agencies and personnel.
2. The office of director of the department of business andadministration, chapter 35, RSMo, and others, is abolished and all powers,duties, personnel and property of that office, not previously reassigned byexecutive reorganization plan no. 1 of 1973 as submitted by the governorpursuant to chapter 26, RSMo, are transferred by type I transfer to thedirector of the department of economic development. The department ofbusiness and administration is hereby abolished.
3. The duties and responsibilities relating to subsection 2 ofsection 35.010, RSMo, are transferred by type I transfer to the personneldivision, office of administration.
4. The powers, duties and functions vested in the public servicecommission, chapters 386, 387, 388, 389, 390, 392, and 393, RSMo, andothers, and the administrative hearing commission, sections 621.015 to621.198, RSMo, and others, are transferred by type III transfers to thedepartment of economic development. The director of the department isdirected to provide and coordinate staff and equipment services to theseagencies in the interest of facilitating the work of the bodies andachieving optimum efficiency in staff services common to all the bodies.Nothing in the Reorganization Act of 1974 shall prevent the chairman of thepublic service commission from presenting additional budget requests orfrom explaining or clarifying its budget requests to the governor orgeneral assembly.
5. The powers, duties and functions vested in the office of thepublic counsel are transferred by type III transfer to the department ofeconomic development. Funding for the general counsel's office shall be bygeneral revenue.
6. The public service commission is authorized to employ such staffas it deems necessary for the functions performed by the general counselother than those powers, duties and functions relating to representation ofthe public before the public service commission.
7. All the powers, duties and functions of the commerce andindustrial development division and the industrial development commission,chapters 184 and 255, RSMo, and others, not otherwise transferred, aretransferred by type I transfer to the department of economic development,and the industrial development commission is abolished. All powers, dutiesand functions of the division of commerce and industrial development andthe division of community development are transferred by a type I transferto the department of economic development, and the division of commerce andindustrial development and the division of community development areabolished.
8. All the powers, duties and functions vested in the tourismcommission, chapter 258, RSMo, and others, are transferred to the "Divisionof Tourism", which is hereby created, by type III transfer.
9. All the powers, duties and functions of the department ofcommunity affairs, chapter 251, RSMo, and others, not otherwise assigned,are transferred by type I transfer to the department of economicdevelopment, and the department of community affairs is abolished. Thedirector of the department of economic development may assume all theduties of the director of community affairs or may establish within thedepartment such subunits and advisory committees as may be required toadminister the programs so transferred. The director of the departmentshall appoint all members of such committees and heads of subunits.
10. The state council on the arts, chapter 185, RSMo, and others, istransferred by type II transfer to the department of economic development,and the members of the council shall be appointed by the director of thedepartment.
11. The Missouri housing development commission, chapter 215, RSMo,is assigned to the department of economic development, but shall remain agovernmental instrumentality of the state of Missouri and shall constitutea body corporate and politic.
12. All the authority, powers, duties, functions, records, personnel,property, matters pending and other pertinent vestiges of the division ofmanpower planning of the department of social services are transferred by atype I transfer to the "Division of Job Development and Training", which ishereby created, within the department of economic development. Thedivision of manpower planning within the department of social services isabolished. The provisions of section 1 of the Omnibus State ReorganizationAct of 1974, Appendix B, relating to the manner and procedures fortransfers of state agencies shall apply to the transfers provided in thissection.
13. Any rule or portion of a rule, as that term is defined in section536.010, RSMo, that is created under the authority delegated in thissection shall become effective only if it complies with and is subject toall of the provisions of chapter 536, RSMo, and, if applicable, section536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and ifany of the powers vested with the general assembly pursuant to chapter 536,RSMo, to review, to delay the effective date, or to disapprove and annul arule are subsequently held unconstitutional, then the grant of rulemakingauthority and any rule proposed or adopted after August 28, 2008, shall beinvalid and void.
(L. 1973 1st Ex. Sess. S.B. 1 § 4, A.L. 1981 S.B. 16 § 4, A.L. 1983 H.B. 388, A.L. 1986 S.B. 426, A.L. 1989 H.B. 190, et al., A.L. 1990 H.B. 1739, A.L. 1993 S.B. 52, A.L. 1994 H.B. 1165, A.L. 1995 S.B. 3, A.L. 1999 H.B. 343 merged with S.B. 386, A.L. 2001 H.B. 567, A.L. 2007 H.B. 780, A.L. 2008 S.B. 788)CROSS REFERENCE:
Main street program, established, duties of department, RSMo 251.470 to 251.485