To repeal section 36.030, RSMo 1994, relating to the state personnel law, and to enact in lieu thereof one new section relating to the same subject.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI,

AS FOLLOWS:

Section A. Section 36.030, RSMo 1994, is repealed and one new section enacted in lieu thereof to be known as section 36.030, to read as follows:

36.030. 1. A system of personnel administration based on merit principles and designed to secure efficient administration is established for all offices, positions and employees, except attorneys, of the department of social services, the department of corrections, the department of health, the department of revenue, the department of natural resources, the department of mental health, the [personnel] division of personnel and other divisions and units of the office of administration, the division of employment security, the mine safety and on-site consultation sections of the division of labor standards, and the administrative operations of the department of labor and industrial relations, [the division of industrial inspection] the divisions of tourism [commission, environmental improvement authority,] and job development and training, the Missouri housing development commission, the Missouri state water patrol, the Missouri veterans commission, capitol police, and the state emergency management agency of the department of public safety, such other agencies as may be designated by law, and such other agencies as may be required to maintain personnel standards on a merit basis by federal law or regulations for grant-in-aid programs, except that the following offices and positions of these agencies are not subject to this law and may be filled without regard to its provisions:

(1) Other provisions of the law notwithstanding, members of boards and commissions, departmental directors, three principal assistants designated by the departmental directors, division directors, one assistant designated by each division director, and one secretary for each such position, except that these exemptions shall not apply to the personnel division;

(2) One secretary for each board or commission, the members of which are appointed by the governor or by a director of the department;

(3) One secretary for each director, division head and each exempt principal assistant, deputy and institution head, and each member of boards and commissions the members of which devote their full time to the business of the board or commission and are appointed by the governor or by a director of a department of the executive branch of government, except the personnel director;

(4) Chaplains and attorneys regularly employed or appointed in any department or division subject to this law, persons employed in a professional or scientific capacity to make or conduct a temporary and special inquiry, investigation, or examination, and persons whose employment is such that selection by competitive examination is not practicable under all the circumstances as determined by the board by rule;

(5) Persons whose employment is incidental to the fulfillment of a formal contract entered into in behalf of the state by competent authority when the persons are in fact employees, agents or representatives of the contractor;

(6) Patients or inmates in state charitable, penal and correctional institutions who may also be employees in the institutions;

(7) Persons employed in an internship capacity in a state department or institution as a part of their formal training, at a college, university, business, trade or other technical school, except that by appropriate resolution of the governing authorities of any department or institution, the personnel division may be called upon to assist in selecting persons to be appointed to internship positions;

(8) The resident administrative head of each state medical, penal and correctional institution, as warranted by the size and complexity of the organization and as approved by the personnel board;

(9) A deputy or deputies to the exempt head of each division of service, as warranted by the size or complexity of the organization and in accordance with the rules promulgated by the personnel advisory board, and one secretary for each deputy so exempted, but merit status will be retained by present incumbents of these positions and all other positions identified in this section which have previously been subject to this law.

2. All positions in the executive branch transferred to coverage under this chapter where incumbents of such positions have at least twelve months' prior service on the effective date of such transfer shall have incumbency preference and shall be permitted to retain their positions, provided they meet qualification standards acceptable to the personnel division of the office of administration. An employee with less than twelve months of prior service on the effective date of such transfer or an employee who is appointed to such position after the effective date of such transfer and prior to the classification and allocation of the position by the personnel division shall be permitted to retain his position, provided he meets acceptable qualification standards and subject to successful completion of a working test period which shall not exceed twelve months of total service in the position. After the allocation of any position to an established classification, such position shall thereafter be filled only in accordance with all provisions of this chapter.

3. The system of personnel administration governs the appointment, promotion, transfer, layoff, removal and discipline of employees and officers and other incidents of employment in divisions of service subject hereto, and all appointments and promotions to positions subject to this law shall be made on the basis of merit and fitness.

4. To encourage all state employees to submit suggestions that will reduce the costs, or improve the quality of state services, the director of the personnel division shall establish reasonable rules and provide reasonable standards for determining the amount, not to exceed five thousand dollars, of any award that may be given for a suggestion. Awards shall be made from funds appropriated for this purpose.

5. The commissioner of administration shall submit a report to the president pro tem of the senate and the speaker of the house of representatives each year on the employee suggestion award program described in subsection 4 of this section. The report shall include information regarding:

(1) The number of suggestions made;

(2) The number of suggestions approved for implementation;

(3) The actual and estimated cost savings resulting from employee suggestions; and

(4) The amount of cash awards made to employees for adopted suggestions.