To create chapter 617, RSMo, by enacting four new sections, with an effective date.

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

AS FOLLOWS:

Section A. Chapter 617, RSMo, is created by adding four new sections to be known as sections 617.001, 617.003, 617.005 and 617.007, to read as follows:

617.001. 1. There is hereby created and established a department of state government to be known as the "Department of Aging". The department of aging shall be charged with the execution of all duties and responsibilities vested in the division of aging prior to the effective date of this act.

2. The department shall be governed by the provisions of the Omnibus State Reorganization Act of 1974, Appendix B, RSMo, unless otherwise provided in sections 617.001 to 617.007. The division of aging of the department of social services, chapter 660, RSMo, is hereby transferred to the department of aging by a type I transfer. The department shall be authorized to employ all other necessary support personnel currently provided by the department of social services to the division of aging, including, but not limited to, data processing personnel, budget and finance personnel, general services personnel and legal services personnel. All employees of the department shall be selected by and retain rights accrued under chapter 36, RSMo.

617.003. 1. The director of the department of aging shall be appointed by the governor by and with the advice and consent of the senate. The director shall serve at the pleasure of the governor and the director's salary shall not exceed appropriations made for that purpose.

2. The director shall be a person of recognized character, integrity and executive ability and have such education, training, proven executive ability and experience necessary for the successful performance of official duties. The director shall have experience in dealing with the issues facing Missouri's aging population.

617.005. 1. The department of aging may adopt, appeal and amend rules necessary to carry out the duties assigned to it. All rules shall be promulgated pursuant to the provisions of this section and chapter 536, RSMo.

2. No rule or portion of a rule promulgated under the authority of this chapter shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo.

617.007. The director shall appoint and employ such clerks and clerical and other help which is necessary for the proper dispatch of the business of the department of aging. However, the total number of employees of the department of aging shall not exceed seven hundred and twenty-five people.

Section B. This act shall become effective on July 1, 1997 following the adoption of a constitutional amendment creating the department of aging.