Section 30 Omnibus State Reorganization Act of 1974

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APPENDIX B

REORGANIZATION ACT OF 1974

Sec.

1. General provisions.

2. Department of agriculture

3. Department of conservation.

4. Department of economic development.

5. Department of elementary and secondary education.

6. Department of higher education.

7. Department of highways and transportation.

8. Department of labor and industrial relations.

9. Department of mental health.

10. Department of natural resources.

11. Department of public safety.

12. Department of revenue.

13. Department of social services.

14. Department of transportation.

15. Office of administration.

Section 1. General provisions. - 1. This act shall be known as the "Omnibus State Reorganization Act of 1974."

2. The state constitution contemplates the separation of powers within state government among the legislative, the executive and the judicial branches of the government. The legislative branch has the broad purpose of determining policies and programs and reviewing program performance. The executive branch* has the purpose of executing the programs and policies adopted by the legislature and of making policy recommendations to the legislature. The judicial branch has the purpose of determining the constitutional propriety of the policies and programs and of adjudicating any conflicts arising from the interpretation or application of the laws.

3. Except for specific changes provided, the powers, duties and responsibilities of the elective offices of state government are not affected by this act.

4. It is the purpose of the general assembly in enacting this statute to provide for the improved accountability in performance of service to the citizens of the state and for the most efficient and economical operations possible in the administration of the executive branch of state government. All officers and employees of the state government are directed to implement this act in accord with this purpose.

5. (1) Except as otherwise provided by this act. or the state constitution, all executive and administrative powers, duties and functions, excepting those of the elective offices, previously vested by law or otherwise in the several state departments, commissions, boards, offices, bureaus, divisions or other agencies are vested in the following administrative departments or in the office of administration: department of agriculture; department of conservation; department of elementary and secondary education; department of higher education; department of highways and transportation; department of labor and industrial relations; department of natural resources; department of mental health; department of public safety, department of revenue; department of social services.

(2) Whenever the term "head of the department" is used, it shall mean the head of one of the administrative departments created by this section or the office of administration, unless otherwise provided in this act.

6. (1) The head of each department shall be appointed, as provided by the constitution, by the governor with the advice and consent of the senate. The head of each department shall serve at the pleasure of the governor unless otherwise provided by the constitution or this act.

(2) Unless otherwise provided by this act. the head of each department is authorized to establish the internal organization of the department and allocate and reallocate duties and functions to promote economic and efficient administration and operation of the department. A departmental plan shall be developed by the head of each department and approved by the governor in accordance with the transfer by type provided in this act. A plan of such organization with any subsequent changes shall be filed with the secretary of state in the manner in which administrative rules are filed, and copies of the plan shall also be filed with the commissioner of administration and revisor of statutes, and such plans shall be published in an appendix to the revised statutes of Missouri and supplements to the revised statutes. Plans shall be filed before

June 30, 1974, for the initial reorganization, and shall be effective when filed, unless the plan provides otherwise. Thereafter, any plan of reorganization shall be filed on or before December thirty-first of each year and shall become effective, as applicable to departments, divisions, agencies, boards, commissions, units or programs transferred by type II or type III transfers as provided in this act, only as provided in sections 26.500 to 26.540, RSMo, except as herein provided in subsections 12 and 13 of section 1. The plan shall provide for the level of compensation for division and other administrative positions, subject to appropriations therefor. The head of any department may cooperate with the head of any other department in the interchange of personnel, joint use of equipment and generally in any manner promoting the more effective and efficient rendering of service. The purpose of appropriations made to any department in the executive branch of government...