SECOND REGULAR SESSION
94TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES OXFORD (Sponsor), WILDBERGER, YAEGER, DAUS AND LOW (39) (Co-sponsors).
Read 1st time March 26, 2008 and copies ordered printed.
D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To repeal section 215.020, RSMo, and to enact in lieu thereof two new sections relating to the Missouri housing development commission.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 215.020, RSMo, is repealed and two new sections enacted in lieu thereof, to be known as sections 215.020 and 215.025, to read as follows:
215.020. 1. There is hereby created and established as a governmental instrumentality of the state of Missouri the "Missouri Housing Development Commission" which shall constitute a body corporate and politic.
2. Beginning August 28, 2008, the commission shall consist of [the governor, lieutenant governor, the state treasurer, the state attorney general, and six] nine members to be selected by the governor, with the advice and consent of the senate. [The persons to be selected by the governor shall be individuals knowledgeable in the areas of housing, finance or construction] Of the members appointed by the governor, one member shall possess demonstrable knowledge in the area of housing or real estate development, one member shall be a member of the housing financial industry, one member shall possess demonstrable knowledge in the area of planning and zoning, one member shall have demonstrable knowledge in the area of nonprofit development, one member shall be an affordable housing advocate, one member shall be a representative of the housing construction industry, one member shall be a resident of a dwelling unit or project that receives assistance under a program administered under sections 215.034 to 215.039, and two members shall be appointed at large. Not more than [four] five of the members appointed by the governor shall be from the same political party. The governor shall appoint one member from each of the nine congressional districts. In the event the state of Missouri loses a congressional district following redistricting based on the 2010 census, the ninth member of the commission may be from any congressional district. The members of the commission appointed by the governor shall serve the following terms: [Two] three shall serve two years, [two] three shall serve three years, and [two] three shall serve four years, respectively. Thereafter, each appointment shall be for a term of four years. If for any reason a vacancy occurs, the governor, with the advice and consent of the senate, shall appoint a new member to fill the unexpired term. Members are eligible for reappointment.
3. [Six] Five members of the commission shall constitute a quorum. No vacancy in the membership of the commission shall impair the right of a quorum to exercise all the rights and perform all the duties of the commission. No action shall be taken by the commission except upon the affirmative vote of at least [six] five of the members of the commission.
4. Each member of the commission appointed by the governor is entitled to compensation of fifty dollars per diem plus his reasonable and necessary expenses actually incurred in discharging his duties under sections 215.010 to 215.250.
215.025. The commission shall adopt a code of conduct which shall govern the conduct of its members and its employees. The code of conduct shall, in addition to other ethical matters, address conflict of interest issues. The commission shall also establish conflict of interest rules which require public disclosure of financial arrangements between the commissioners and housing developers. The commission shall promulgate rules and regulations necessary to implement the provisions of this section. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2008, shall be invalid and void.
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