278.080. Establishing commission--members--powers and duties--rulemaking--variances to rules permitted, procedure.

MISSOURI STATUTES AND CODES

278.080. Establishing commission--members--powers and duties--rulemaking--variances to rules permitted, procedure.

Establishing commission--members--powers andduties--rulemaking--variances to rules permitted, procedure.

278.080. 1. There is hereby established "The State Soil and WaterDistricts Commission" to administer for this state the soil and waterconservation districts provided for by sections 278.060 to 278.300. Thestate soil and water districts commission shall formulate policies andgeneral programs for the saving of Missouri soil and water by the soil andwater conservation districts, and shall give consideration to thedistricts' needs based on their character; it shall receive and allocate orotherwise expend for the use or benefit of the soil and water conservationdistricts any funds appropriated by the general assembly for the use orbenefit of such districts, including a soil and water conservationcost-share program; it shall receive and properly convey to the soil andwater conservation districts any other form of aid extended to suchdistricts by any other agency of this state, except that any money or otherform of aid raised or provided within a soil and water district for the useor benefit of that soil and water district shall be received andadministered by the governing body of that soil and water district; itshall exercise other authority conferred upon it and perform other dutiesassigned to it by sections 278.060 to 278.300; and it shall be theadministrative agency to represent this state in these and all othermatters arising from the provisions of sections 278.060 to 278.300.

2. The state soil and water districts commission shall be composed offour ex officio members and six farmer members. The six farmer membersshall be appointed by the governor of Missouri with the advice and consentof the senate. Three of the farmer members shall reside in the portion ofthis state which is north of the Missouri River and three of the farmermembers shall reside in the portion of this state which is south of theMissouri River. The membership shall be geographically dispersed with nomore than one of the farmer members appointed from a state senatorialdistrict. Not more than four of the farmer members shall be from the samepolitical party. The ex officio members shall be the director of thedepartment of natural resources, the director of the department ofagriculture, the director of the department of conservation, and the deanof the college of agriculture of the University of Missouri. Each of thesix farmer members shall be holding legal title to a farm, and shall beearning at least the principal part of the member's livelihood from a farm,all at the time of appointment to the commission. The farmer members shalleach be appointed for a period of three years. All members of thecommission serving as of June 27, 2000, may continue to serve the unexpiredportion of the member's current term. There is no limitation on the numberof terms that any of the farmer members appointed by the governor mayserve. If any farmer member vacates his or her term for any reason priorto the expiration of such term, the governor may appoint a farmer member toserve for the remainder of the unexpired term. Each member of thecommission shall continue to serve until the member's successor has beenduly appointed and qualified.

3. The state soil and water districts commission may call upon theattorney general of the state for such legal services as it may require.

4. At its first meeting in each calendar year, the state soil andwater districts commission shall select from its current members a chairmanand a vice chairman. The ex officio members shall not have the power tovote on any matter before the commission. A quorum shall consist of fourfarmer members. For the determination of any matter within thecommission's authority, at a meeting comprised of four farmer members, aconcurrence of three shall be required. No business of the commissionshall be executed in absence of a quorum. Each farmer member of the soiland water commission shall be entitled to expenses, including travelexpenses, necessarily incurred in the discharge of his or her duties as amember of this commission. The state soil and water districts commissionshall provide for the execution of surety bonds for all of its employeesand officers who shall be entrusted with funds or property; shall providefor the keeping of a full and accurate record of all its proceedings and ofall its resolutions, regulations, and orders issued or adopted; and shallprovide for an annual audit of all its accounts of receipts anddisbursements.

5. In addition to the authority and duty herein assigned to the statesoil and water districts commission, it shall have the following authorityand duty:

(1) To encourage the formation of soil and water conservationdistricts in areas where their establishment seems necessary and theiradministration seems feasible;

(2) To formulate and fix the rules and procedures for fair andimpartial referendums on the establishing or disestablishment of soil andwater districts and for fair and impartial selection of soil and waterdistrict supervisors;

(3) To receive petitions for the establishing of soil and waterconservation districts as provided in section 278.100; to determine thevalidity of these petitions; to conduct hearings upon the subject of thesepetitions; to determine whether the establishment of a soil and waterdistrict as petitioned would be effective in the saving of soil and waterwithin the proposed area, and whether a soil and water district ifestablished could be feasibly administered; and, upon reaching a favorableconclusion on these matters, to call for a referendum on the establishingof the soil and water district as petitioned;

(4) To advise any soil and water conservation district in developingits program for saving the soil and water in order that such district maybecome eligible for any form of aid from state or federal sources;

(5) Subject to district allocations by the commission and otherresources, to provide training, programs and other assistance to soil andwater conservation districts to identify programs that respond to thecharacter of the districts' needs;

(6) To obtain or accept the cooperation and financial, technical ormaterial assistance of the United States or any of its agencies, and ofthis state or any of its agencies, for the work of such soil and waterdistricts;

(7) To enter into agreements with the United States or any of itsagencies on policies and general programs for the saving of Missouri soiland water by the extension of federal aid to any soil and waterconservation district; to advise any soil and water conservation district;to advise any soil and water conservation district on the amount or kind offederal aid needed for the effective saving of soil and water in thatdistrict; to determine within the limits of available funds or otherresources the amount or kind of state aid to be used for saving of soil andwater in any soil and water conservation district; and to determine thewithholding of state aid of any amount or kind from any soil and waterconservation district that has failed to follow the policies of the statesoil and water districts commission in any matter under the provisions ofsections 278.060 to 278.300;

(8) To give such other proper assistance as the soil and watercommission may judge to be useful to any soil and water district in thesaving of soil and water in that district;

(9) To promulgate such rules and regulations as may be necessary toeffectively administer a state-funded soil and water conservationcost-share program. Any rule or portion of a rule promulgated under theauthority of sections 278.060 to 278.300 shall become effective only if ithas been promulgated pursuant to the provisions of chapter 536, RSMo.

6. Unless prohibited by any federal or state law, the commission maygrant individual variances to any rule or regulation promulgated thereto,upon presentation of adequate proof, that compliance with sections 278.070to 278.300, or any rule or regulation, standard, requirement, limitation ororder of the commission will have an arbitrary and unreasonable impact onlandowners participating in soil and water conservation eligible practices.The commission shall promulgate such rules, regulations and administrativeguidelines as necessary to effectively administer this section.