Effective - 28 Aug 2009
226.030. Number of members — qualifications — term — removal — compensation. — 1. The highways and transportation commission shall consist of six members, who shall be appointed by the governor, by and with the advice and consent of the senate, not more than three thereof to be members of the same political party. Each commissioner shall be a taxpayer and resident of state for at least five years prior to his appointment. Any commissioner may be removed by the governor if fully satisfied of his inefficiency, neglect of duty, or misconduct in office. Commissioners appointed pursuant to this section shall be appointed for terms of six years, except as otherwise provided in this subsection. Upon the expiration of each of the foregoing terms of these commissioners a successor shall be appointed for a term of six years or until his successor is appointed and qualified which term of six years shall thereafter be the length of term of each member of the commission unless removed as above provided. The members of the commission shall receive as compensation for their services twenty-five dollars per day for the time spent in the performance of their official duties, and also their necessary traveling and other expenses incurred while actually engaged in the discharge of their official duties. Members whose terms otherwise expire December 1, 2003, shall serve with terms expiring March 1, 2004, and new members or the members reappointed shall be appointed for terms expiring March 1, 2005; a member whose term otherwise expires December 1, 2005, shall serve with a term expiring March 1, 2007; a member whose term otherwise expires December 1, 2007, shall serve with a term expiring March 1, 2009; and one member whose term otherwise expires October 13, 2007, shall serve with a term expiring March 1, 2007; and one member whose term otherwise expires October 13, 2007, shall serve with a term expiring March 1, 2009. If a vacancy occurs in any term of a commissioner due to death, resignation, or removal, a successor shall be appointed for only the remainder of the unexpired term.
2. The two members of the commission, one each from opposing political parties, who have the most seniority in commission service shall serve as commission leadership with one member as chair and the other member as vice chair, respectively, for terms ending March 1, 2005. The commission shall elect one of the members as chair and the other as vice chair. Effective March 1, 2005, the commission shall elect the two members of the commission, one from each opposing political party who has the most seniority in commission service, who shall serve as commission leadership with 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 as chair and vice chair shall have the option to rotate positions, and the member currently serving as vice chair may serve as chair, and vice versa. Thereafter, commission leadership shall continue to rotate accordingly with the two members from opposing political parties who have the most seniority in terms of commission service being elected by the commission to serve as commission leadership. If one of the commission leadership offices becomes vacant due to death, resignation, removal, or refuses to serve before the one-year leadership term expires, the commission shall elect one of its members that is of the same political party as the vacating officer to serve the remainder of the vacating officer's leadership term. Such election shall not prohibit that member from later serving as chair and vice chair when such member's seniority in commission service qualifies him or her for those offices as provided in this subsection.
3. No more than one-half of the members of the commission shall be of the same political party. The selection and removal of all employees of the department of transportation shall be without regard to political affiliation.
4. The present members of the commission shall continue to serve as members of the commission for the remainder of the terms for which they were appointed, except as provided in subsection 1 of this section.
5. Any member reappointed shall only be eligible to serve as chair or vice chair during the final two years of such member's reappointment.
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(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
Structure Missouri Revised Statutes
Title XIV - Roads and Waterways
Chapter 226 - Department of Transportation
Section 226.007 - Transfer of agencies.
Section 226.010 - Definitions.
Section 226.020 - State highways and transportation commission created.
Section 226.030 - Number of members — qualifications — term — removal — compensation.
Section 226.033 - Prohibited acts by certain commissioners.
Section 226.033 - Prohibited acts by certain commissioners.
Section 226.050 - Secretary to be appointed — duties and powers.
Section 226.070 - Attorney general shall advise commission, when.
Section 226.080 - Salaries, how fixed — veterans' preference authorized.
Section 226.095 - Arbitration for negligence actions, when.
Section 226.100 - Principal office to be in Jefferson City — persons authorized to administer oaths.
Section 226.120 - Chairman and vice chairman, election, term — quorum — monthly meeting, required.
Section 226.130 - Duties and powers of commission — rulemaking, procedure.
Section 226.134 - Projects funded by bonds to conform with priorities of 1992 plan, exception.
Section 226.140 - Audit of records, when — plan to modernize transportation system, report.
Section 226.170 - Election of state highways and transportation commission, how construed.
Section 226.181 - Parks, requests for federal aid, notice to be given department.
Section 226.190 - Assent to act of Congress for aid to state roads.
Section 226.210 - Road bond interest and sinking fund.
Section 226.220 - State road fund — sources — expenditures.
Section 226.225 - State transportation fund established, purposes.
Section 226.230 - Auditor, treasurer and highways and transportation commission — duties.
Section 226.250 - Authorized to acquire, by lease, purchase, or condemnation, plants or factories.
Section 226.270 - Method of procedure in case of condemnation proceedings.
Section 226.280 - Definitions.
Section 226.290 - Interpretations.
Section 226.300 - Purpose of law.
Section 226.310 - Duties and powers of state transportation department.
Section 226.320 - State agencies to cooperate.
Section 226.330 - State transportation department to accept donations of and acquire lands.
Section 226.340 - Area to be provided for parkway purposes.
Section 226.350 - State to convey necessary areas in fee simple to United States.
Section 226.360 - Political subdivisions to convey parkway areas.
Section 226.370 - Areas to be in accordance with preliminary development and property maps.
Section 226.380 - Areas prohibited from certain uses.
Section 226.390 - Use of existing highways in connection with parkways — conditions.
Section 226.400 - Concurrent jurisdiction ceded to United States.
Section 226.410 - All other powers preserved to state.
Section 226.420 - Powers and duties of state transportation department in parkway area.
Section 226.430 - Powers to be exercised when funds are appropriated.
Section 226.440 - Commission established.
Section 226.445 - Commission members, number, term, appointment — compensation — staff.
Section 226.450 - Meetings, number required annually — called how — quorum.
Section 226.455 - Commission's duties.
Section 226.460 - Commission's powers.
Section 226.465 - State agencies to cooperate.
Section 226.490 - Official highway maps — certain attractions to be designated, when.
Section 226.500 - Purpose of law.
Section 226.501 - Tenth amendment to United States Constitution quoted.
Section 226.502 - Legislative intent — funds to be used.
Section 226.510 - Definitions.
Section 226.520 - Permitted signs — specifications.
Section 226.530 - Permits — rulemaking.
Section 226.532 - Attorney general to represent the state in certain actions.
Section 226.545 - Landmark signs, permitted when.
Section 226.560 - Certain provisions to affect subsequently erected signs only.
Section 226.573 - Rulemaking — new technology in outdoor advertising.
Section 226.585 - Vegetation along right-of-way, cutting of — transportation department, duties.
Section 226.590 - Matching funds — source.
Section 226.650 - Purpose of law.
Section 226.660 - Definitions.
Section 226.670 - Licenses — fee.
Section 226.680 - Prohibited areas — exceptions.
Section 226.690 - Preexisting junkyards — screening — removal.
Section 226.700 - Rules authorized — injunctive relief.
Section 226.710 - Unlicensed junkyard — penalty.
Section 226.720 - Unscreened junkyards near state and county roads prohibited — penalty.
Section 226.750 - Beautification, rest, recreational areas authorized.
Section 226.760 - Acquisition, condemnation authority.
Section 226.770 - Authority to contract with public agencies for funds.
Section 226.780 - Expenditures limited to federal funds, when.
Section 226.790 - Commercial facilities within rest or recreation areas prohibited.
Section 226.792 - U.S. Route 66, original roads and highways to be renamed "Route 66".
Section 226.795 - Scenic road, State Highway 19 designation, duties.
Section 226.796 - U.S. Highway 66 designated historic highway — duties — costs, how paid.
Section 226.800 - Marking national historic trails with approved signs — donations.
Section 226.801 - Signs and outdoor advertising, rules and regulations.
Section 226.907 - Minority-owned construction companies not required, when.
Section 226.910 - Contract requirements not in compliance with federal law to be null and void.
Section 226.950 - Definitions.
Section 226.975 - Commission not required to file plans.
Section 226.1115 - Property removed from roadway to be taken to shoulder or berm of roadway.