643.040. Air conservation commission created--members--terms--expenses--meetings.
Air conservation commissioncreated--members--terms--expenses--meetings.
643.040. 1. There is created hereby an air pollution control agencyto be known as the "Air Conservation Commission of the State of Missouri",whose domicile for the purposes of sections 643.010 to 643.190 is thedepartment of natural resources of the state of Missouri. The commissionshall consist of seven members appointed by the governor, with the adviceand consent of the senate. No more than four of the members shall belongto the same political party and no two members shall be a resident of anddomiciled in the same senatorial district. At the first meeting of thecommission and at yearly intervals thereafter, the members shall selectfrom among themselves a chairman and a vice chairman.
2. All members shall be representative of the general interest of thepublic and shall have an interest in and knowledge of air conservation andthe effects and control of air contaminants. At least three of suchmembers shall represent agricultural, industrial and labor interests,respectively. The governor shall not appoint any other person who has asubstantial interest as defined in section 105.450, RSMo, in any businessentity regulated under this chapter or any business entity which would beregulated under this chapter if located in Missouri. The commission shallestablish rules of procedure which specify when members shall exemptthemselves from participating in discussions and from voting on issuesbefore the commission due to potential conflict of interest.
3. The members' terms of office shall be four years and until theirsuccessors are selected and qualified, except that the terms of those firstappointed shall be staggered to expire at intervals of one, two and threeyears after the date of appointment as designated by the governor at thetime of appointment. There is no limitation of the number of terms anyappointed member may serve. If a vacancy occurs the governor may appoint amember for the remaining portion of the unexpired term created by thevacancy. The governor may remove any appointed member for cause. Themembers of the commission shall be reimbursed for travel and other expensesactually and necessarily incurred in the performance of their duties.
4. The commission shall hold at least nine regular meetings each yearand such additional regular meetings as the chairman deems desirable at aplace and time to be fixed by the chairman. Special meetings may be calledby three members of the commission upon delivery of written notice to eachmember of the commission. Reasonable written notice of all meetings shallbe given to all members of the commission. Four members of the commissionshall constitute a quorum. All powers and duties conferred upon members ofthe commission shall be exercised personally by the members and not byalternates or representatives. All actions of the commission shall betaken at meetings open to the public, except as provided in chapter 610,RSMo. Any member absent from four regular commission meetings per calendaryear for any cause whatsoever shall be deemed to have resigned and thevacancy shall be filled immediately in accordance with subsection 1 andsubsection 3 of this section.
(L. 1965 p. 335 § 4, A.L. 1972 H.B. 1184, A.L. 1992 S.B. 544, A.L. 1994 S.B. 590, A.L. 1998 H.B. 1601, et al.)*Transferred 1986; formerly 203.040