SECOND REGULAR SESSION

[PERFECTED]

HOUSE JOINT

RESOLUTION NO. 40

88TH GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVES RIZZO, KOLLER, BOUCHER (Co-sponsors), DOUGHERTY, MURRAY (69), BONNER, FARNEN, COPELAND, MARSHALL (26), FITZWATER, REYNOLDS, SCHEVE, DONOVAN, SMITH, MITCHELL, LAKIN, KREIDER, WILLIAMS (121), BROWN,

SOMBART, FIEBELMAN, SHELDON (104) AND FARMER.

Pre-filed December 19, 1995 and 1000 copies ordered printed.

Read 1st time January 3, 1996.

Read 2nd time January 4, 1996 and referred to the Committee on Social Services, Medicaid & the Elderly, January 11, 1996.

Reported from the Committee on Social Services, Medicaid & the Elderly, February 1, 1996, with recommendation that the HJR Do Pass.

Taken up for Perfection February 6, 1996. HJR ordered Perfected and printed, as amended.

DOUGLAS W. BURNETT, Chief Clerk

L2641.01P

JOINT RESOLUTION

Submitting to the qualified voters of Missouri, an amendment repealing section 12 of article IV of the Constitution of Missouri, relating to the executive department, and adopting two new sections in lieu thereof relating to the same subject.

Be it resolved by the House of Representatives, the Senate concurring therein:

That at the next general election to be held in the state of Missouri, on Tuesday next following the first Monday in November, 1996, or at a special election to be called by the governor for that purpose, there is hereby submitted to the qualified voters of this state, for adoption or rejection, the following amendment to article IV of the Constitution of the state of Missouri:

Section A. Section 12, article IV, Constitution of Missouri, is repealed and two new sections adopted in lieu thereof, to be known as sections 12 and 37(b), to read as follows:

Section 12. The executive department shall consist of all state elective and appointive officials and employees except officials and employees of the legislative and judicial departments. In addition to the governor and lieutenant governor there shall be a state auditor, secretary of state, attorney general, a state treasurer, an office of administration, a department of agriculture, a department of conservation, a department of natural resources, a department of elementary and secondary education, a department of higher education, a department of highways and transportation, a department of insurance, a department of labor and industrial relations, a department of economic development, a department of public safety, a department of revenue, a department of social services, [and] a department of mental health, and a department of aging. In addition to the elected officers, there shall not be more than [fifteen] sixteen departments and the office of administration. The general assembly may create by law two departments, in addition to those named, provided that the departments shall be headed by a director or commission appointed by the governor on the advice and consent of the senate. The director or commission shall have administrative responsibility and authority for the department created by law. Unless discontinued all present or future boards, bureaus, commissions and other agencies of the state exercising administrative or executive authority shall be assigned by law or by the governor as provided by law to the office of administration or to one of the [fifteen] sixteen administrative departments to which their respective powers and duties are germane.

Section 37(b). The department of aging shall be headed by a director who shall be appointed by the governor with the advice and consent of the senate. The organization and duties of the department of aging shall be determined by law, including the provision of aging services and programs through a unified service delivery system. All references to the division of aging in the statutes shall mean the department of aging.