288.475. Missouri state unemployment council created, members, meetings, terms, duties--proposals submitted to division, when--access to records--outside study authorized.
Missouri state unemployment council created, members, meetings,terms, duties--proposals submitted to division, when--access torecords--outside study authorized.
288.475. 1. There is hereby created a "Missouri State UnemploymentCouncil". The council shall consist of nine appointed voting members andtwo appointed nonvoting members. All appointees shall be persons whosetraining and experience qualify them to deal with the difficult problems ofunemployment compensation, particularly legal, accounting, actuarial,economic, and social aspects of unemployment compensation.
(1) Three voting members shall be appointed to the council by thegovernor. One voting member shall be appointed on account of his or hervocation, employment, or affiliations being classed as representative ofemployers. One voting member shall be appointed on account of his or hervocation, employment, or affiliations being classed as representative ofemployees. One voting member shall be appointed to represent the publicinterest separate from employee or employer representation.
(2) Three voting members and one nonvoting member shall be appointedto the council by the speaker of the house of representatives. One votingmember shall be appointed on account of his or her vocation, employment, oraffiliations being classed as representative of employers that employtwenty or less employees. One voting member shall be appointed on accountof his or her vocation, employment, or affiliations being classed asrepresentative of employees. One voting member shall be appointed torepresent the public interest separate from employee or employerrepresentation. One nonvoting member shall be appointed from the house ofrepresentatives.
(3) Three voting members and one nonvoting member shall be appointedto the council by the president pro tem of the senate. One voting membershall be appointed on account of his or her vocation, employment, oraffiliations being classed as representative of employers. One votingmember shall be appointed on account of his or her vocation, employment, oraffiliations being classed as representative of employees. One votingmember shall be appointed to represent the public interest separate fromemployee or employer representation. One nonvoting member shall beappointed from the senate.
2. The council shall organize itself and select a chairperson orcochairpersons and other officers from the nine voting members. Six votingmembers shall constitute a quorum and the council shall act only upon theaffirmative vote of at least five of the voting members. The council shallmeet no less than four times yearly. Members of the council shall servewithout compensation, but are to be reimbursed the amount of actualexpenses. Actual expenses shall be paid from the special employmentsecurity fund under section 288.310.
3. The division shall provide professional and clerical assistance asneeded for regularly scheduled meetings.
4. Each nonvoting member shall serve for a term of four years oruntil he or she is no longer a member of the general assembly whicheveroccurs first. A nonvoting member's term shall be a maximum of four years.Each voting member shall serve for a term of three years. For the initialappointment, the governor-appointed employer representative, the speaker ofthe house-appointed employee representative, and the president pro tem ofthe senate-appointed public interest representative shall serve an initialterm of one year. For the initial appointment, the governor-appointedemployee representative, the speaker of the house-appointed public interestrepresentative, and the president pro tem of the senate-appointed employerrepresentative shall serve an initial term of two years. At the end of avoting member's term he or she may be reappointed; however, he or she shallserve no more than two terms excluding the initial term for a maximum ofeight years.
5. The council shall advise the division in carrying out the purposesof this chapter. The council shall submit annually by January fifteenth tothe governor and the general assembly its recommendations regardingamendments to this chapter, the status of unemployment insurance, theprojected maintenance of the solvency of unemployment insurance, and theadequacy of unemployment compensation.
6. The council shall present to the division every proposal of thecouncil for changes in this chapter and shall seek the division'sconcurrence with the proposal. The division shall give carefulconsideration to every proposal submitted by the council for legislative oradministrative action and shall review each legislative proposal forpossible incorporation into department of labor and industrial relations'recommendations.
7. The council shall have access to only the records of the divisionthat are necessary for the administration of this chapter and to thereasonable services of the employees of the division. It may request thedirector or any of the employees appointed by the director or any employeesubject to this chapter to appear before it and to testify relative to thefunctioning of this chapter and to other relevant matters. The council mayconduct research of its own, make and publish reports, and recommend to thedivision needed changes in this chapter or in the rules of the division asit considers necessary.
8. The council, unless prohibited by a concurrent resolution of thegeneral assembly, shall be authorized to commission an outside study of thesolvency, adequacy, and staffing and operational efficiency of the Missouriunemployment system. The study shall be conducted every five years, thefirst being conducted in fiscal year 2005. The study shall be fundedsubject to appropriation from the special employment security fund undersection 288.310.
(L. 2004 H.B. 1268 & 1211 § 288.501 merged with S.B. 966 § 288.501)Effective 8-28-04 (S.B. 966) 1-01-05 (H.B. 1268 & 1211)