Missouri Revised Statutes













Chapter 643

Air Conservation

←643.030

Section 643.040.1

643.050→

August 28, 2015

Air conservation commission created--members, terms, expenses, meetings.

643.040. 1. There is created hereby an air pollution control agency

to be known as the "Air Conservation Commission of the State of Missouri",

whose domicile for the purposes of sections 643.010 to 643.355 is the

department of natural resources of the state of Missouri. The commission

shall consist of seven members appointed by the governor, with the advice

and consent of the senate. No more than four of the members shall belong

to the same political party and no two members shall be a resident of and

domiciled in the same senatorial district. At the first meeting of the

commission and at yearly intervals thereafter, the members shall select

from among themselves a chairman and a vice chairman.



2. All members shall be representative of the general interest of the

public and shall have an interest in and knowledge of air conservation and

the effects and control of air contaminants. At least three of such

members shall represent agricultural, industrial and labor interests,

respectively. The governor shall not appoint any other person who has a

substantial interest as defined in section 105.450 in any business entity

regulated under this chapter or any business entity which would be

regulated under this chapter if located in Missouri. The commission shall

establish rules of procedure which specify when members shall exempt

themselves from participating in discussions and from voting on issues

before the commission due to potential conflict of interest.



3. The members' terms of office shall be four years and until their

successors are selected and qualified, except that the terms of those first

appointed shall be staggered to expire at intervals of one, two and three

years after the date of appointment as designated by the governor at the

time of appointment. There is no limitation of the number of terms any

appointed member may serve. If a vacancy occurs the governor may appoint a

member for the remaining portion of the unexpired term created by the

vacancy. The governor may remove any appointed member for cause. The

members of the commission shall be reimbursed for travel and other expenses

actually and necessarily incurred in the performance of their duties.



4. The commission shall hold at least nine regular meetings each year

and such additional regular meetings as the chairman deems desirable at a

place and time to be fixed by the chairman. Special meetings may be called

by three members of the commission upon delivery of written notice to each

member of the commission. Reasonable written notice of all meetings shall

be given to all members of the commission. Four members of the commission

shall constitute a quorum. All powers and duties conferred upon members of

the commission shall be exercised personally by the members and not by

alternates or representatives. All actions of the commission shall be

taken at meetings open to the public, except as provided in chapter 610.

Any member absent from four regular commission meetings per calendar year

for any cause whatsoever shall be deemed to have resigned and the vacancy

shall be filled immediately in accordance with subsection 1 and subsection

3 of this section.



(L. 1965 p. 335 § 4, A.L. 1972 H.B. 1184, A.L. 1992 S.B. 544, A.L.

1994 S.B. 590, A.L. 1998 H.B. 1601, et al., A.L. 2011 H.B. 89)



*Transferred 1986; formerly 203.040



CROSS REFERENCE:



Nonseverability clause, 640.099





1998



1998



643.040. 1. There is created hereby an air pollution control agency to

be known as the "Air Conservation Commission of the State of Missouri", whose

domicile for the purposes of sections 643.010 to 643.190 is the department of

natural resources of the state of Missouri. The commission shall consist of

seven members appointed by the governor, with the advice and consent of the

senate. No more than four of the members shall belong to the same political

party and no two members shall be a resident of and domiciled in the same

senatorial district. At the first meeting of the commission and at yearly

intervals thereafter, the members shall select from among themselves a

chairman and a vice chairman.



2. All members shall be representative of the general interest of the

public and shall have an interest in and knowledge of air conservation and

the effects and control of air contaminants. At least three of such members

shall represent agricultural, industrial and labor interests, respectively.

The governor shall not appoint any other person who has a substantial interest

as defined in section 105.450 in any business entity regulated under this

chapter or any business entity which would be regulated under this chapter if

located in Missouri. The commission shall establish rules of procedure which

specify when members shall exempt themselves from participating in discussions

and from voting on issues before the commission due to potential conflict of

interest.



3. The members' terms of office shall be four years and until their

successors are selected and qualified, except that the terms of those first

appointed shall be staggered to expire at intervals of one, two and three

years after the date of appointment as designated by the governor at the time

of appointment. There is no limitation of the number of terms any appointed

member may serve. If a vacancy occurs the governor may appoint a member for

the remaining portion of the unexpired term created by the vacancy. The

governor may remove any appointed member for cause. The members of the

commission shall be reimbursed for travel and other expenses actually and

necessarily incurred in the performance of their duties.



4. The commission shall hold at least nine regular meetings each year

and such additional regular meetings as the chairman deems desirable at a

place and time to be fixed by the chairman. Special meetings may be called by

three members of the commission upon delivery of written notice to each

member of the commission. Reasonable written notice of all meetings shall be

given to all members of the commission. Four members of the commission shall

constitute a quorum. All powers and duties conferred upon members of the

commission shall be exercised personally by the members and not by alternates

or representatives. All actions of the commission shall be taken at meetings

open to the public, except as provided in chapter 610. Any member absent

from four regular commission meetings per calendar year for any cause

whatsoever shall be deemed to have resigned and the vacancy shall be filled

immediately in accordance with subsection 1 and subsection 3 of this section.



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