226.030. Number of members--qualifications--term--removal--compensation. - Missouri Statutes

Number of members--qualifications--term--removal--compensation.

226.030. 1. The highways and transportation commission shall consistof six members, who shall be appointed by the governor, by and with theadvice and consent of the senate, not more than three thereof to be membersof the same political party. Each commissioner shall be a taxpayer andresident of state for at least five years prior to his appointment. Anycommissioner may be removed by the governor if fully satisfied of hisinefficiency, neglect of duty, or misconduct in office. Commissionersappointed pursuant to this section shall be appointed for terms of sixyears, except as otherwise provided in this subsection. Upon theexpiration of each of the foregoing terms of these commissioners asuccessor shall be appointed for a term of six years or until his successoris appointed and qualified which term of six years shall thereafter be thelength of term of each member of the commission unless removed as aboveprovided. The members of the commission shall receive as compensation fortheir services twenty-five dollars per day for the time spent in theperformance of their official duties, and also their necessary travelingand other expenses incurred while actually engaged in the discharge oftheir official duties. Members whose terms otherwise expire December 1,2003, shall serve with terms expiring March 1, 2004, and new members or themembers reappointed shall be appointed for terms expiring March 1, 2005; amember whose term otherwise expires December 1, 2005, shall serve with aterm expiring March 1, 2007; a member whose term otherwise expires December1, 2007, shall serve with a term expiring March 1, 2009; and one memberwhose term otherwise expires October 13, 2007, shall serve with a termexpiring March 1, 2007; and one member whose term otherwise expires October13, 2007, shall serve with a term expiring March 1, 2009. If a vacancyoccurs in any term of a commissioner due to death, resignation, or removal,a successor shall be appointed for only the remainder of the unexpiredterm.

2. The two members of the commission, one each from opposingpolitical parties, who have the most seniority in commission service shallserve as commission leadership with one member as chair and the othermember as vice chair, respectively, for terms ending March 1, 2005. Thecommission shall elect one of the members as chair and the other as vicechair. Effective March 1, 2005, the commission shall elect the two membersof the commission, one from each opposing political party who has the mostseniority in commission service, who shall serve as commission leadershipwith one member as chair and the other member as vice chair, respectively,for one year. At the end of such year, the members currently serving aschair and vice chair shall have the option to rotate positions, and themember currently serving as vice chair may serve as chair, and vice versa.Thereafter, commission leadership shall continue to rotate accordingly withthe two members from opposing political parties who have the most seniorityin terms of commission service being elected by the commission to serve ascommission leadership. If one of the commission leadership offices becomesvacant due to death, resignation, removal, or refuses to serve before theone-year leadership term expires, the commission shall elect one of itsmembers that is of the same political party as the vacating officer toserve the remainder of the vacating officer's leadership term. Suchelection shall not prohibit that member from later serving as chair andvice chair when such member's seniority in commission service qualifies himor her for those offices as provided in this subsection.

3. No more than one-half of the members of the commission shall be ofthe same political party. The selection and removal of all employees ofthe department of transportation shall be without regard to politicalaffiliation.

4. The present members of the commission shall continue to serve asmembers of the commission for the remainder of the terms for which theywere appointed, except as provided in subsection 1 of this section.

5. Any member reappointed shall only be eligible to serve as chair orvice-chair during the final two years of such member's reappointment.

(RSMo 1939 § 8743, A.L. 1965 p. 368, A.L. 2003 H.B. 668, A.L. 2004 S.B. 1233, et al., A.L. 2009 H.B. 683 merged with H.B. 752)

Prior revision: 1929 § 8095

CROSS REFERENCE:

Qualifications of members and employees of commission, powers, Const. Art. IV § 29