286.005. Creation of department of labor and industrial relations, general powers and duties — commission created, compensation — director's appointment.

669 words·~3 min read·/mo/chapter-286/286-005

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286.005. Creation of department of labor and industrial relations, general powers and duties — commission created, compensation — director's appointment. — 1. There is hereby created a "Department of Labor and Industrial Relations" to be headed by a labor and industrial relations commission as provided by Section 49, Article IV, Constitution of Missouri. All the powers, duties and functions of the industrial commission are transferred by type I transfer to the labor and industrial relations commission and the industrial commission is abolished.

The commission shall nominate and the governor shall appoint, with the advice and consent of the senate, the director of the department to be the chief administrative officer of the department. Members of the industrial commission on May 2, 1974, shall become members of the commission and the terms of the commission members shall be the same as provided by law for the industrial commission. Individuals appointed as members of the industrial commission shall serve the remainder of the term to which they were appointed as members of the commission.

The members of the commission shall receive an annual salary of seventy-two thousand seven hundred thirty-five dollars plus any salary adjustment provided pursuant to section 105.005 payable out of the state treasury. The board of rehabilitation is abolished as hereinafter set out and on May 2, 1974, no compensation shall be paid to any person as a member of the board of rehabilitation, other provisions of the law notwithstanding. The director of the department shall appoint other division heads in the department.

For the purposes of subsections 6, 7, 8 and 9 of section 1 of the reorganization act of 1974, the director of the department shall be construed as the head of the department of labor and industrial relations.

2. All powers, duties, and functions vested by law in the division of employment security, chapter 288 , and others, are transferred by type II transfer to the department.

3. All powers, duties, and functions vested by law in the division of workers' compensation, chapter 287 , and others, are transferred by type II transfer to the department.

4. All the powers, duties, and functions of the board of rehabilitation, chapter 287 , and others, are transferred by type I transfer to the division of workers' compensation of the department and the board of rehabilitation is abolished.

5. All powers, duties and functions vested by law in the division of industrial inspections and the division of mine inspections, chapters 286 , 290 , 291 , 292 , 293 , 294 and 444 , which were previously transferred by type I transfer to the inspection section of the department, are transferred to the division of labor standards of the department. Employees of the division performing duties related to the mine safety and health act and the occupational safety health act shall be selected in accord with chapter 36 .

6. All the powers, duties, and functions vested by law in the state board of mediation under chapter 295 , and others, are transferred by type II transfer to the department.

7. All employees of the division of employment security shall be selected in accord with chapter 36 .

8. The Missouri commission on human rights, and all the authority, powers, duties, functions, records, personnel, property, matters pending and other pertinent vestiges thereof vested in the Missouri commission on human rights under chapters 213 , 296 , 314 , and others, are transferred by type III transfer to the department. Members of the Missouri commission on human rights shall be nominated by the director for appointment by the governor, by and with the advice and consent of the senate.

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(L. 1973 1st Ex. Sess. S.B. 1 § 8, A.L. 1977 H.B. 841, A.L. 1980 H.B. 1266, A.L. 1981 S.B. 389 § 8 Reorg. Act 1974, A.L. 1984 S.B. 528, A.L. 1986 S.B. 426, A.L. 1995 H.B. 300 & 95, A.L. 2011 H.B. 464)

Revisor's Note: Salary adjustment index is printed, as required by § 105.005, in Appendix E.