Missouri Statute | Act | Code |Executive Branch| US Code - US Statute | Chapter 26 Governor And Lieutenant Governor

As total compensation for all duties to be performed by them, the
governor shall receive an annual salary of seventy-five thousand dollars
plus any salary adjustment provided pursuant to section 105.005, RSMo,
and the lieutenant governor shall receive an annual salary of forty-five
thousand dollars plus any salary adjustment provided pursuant to section
105.005, RSMo. The salaries shall be paid at the times and in the manner
provided by law. (RSMo 1939 § 13397, A.L. 1943 p. 869 § 1, A. 1949 S.B.
1008, A.L. 1955 p. 574, A.L. 1967 p. 97, A.L. 1977 H.B. 520, A.L. 1984
S.B. 528, A.L. 1992 S.B. 676 Adopted by referendum, Proposition C,
November 3, 1992)

Prior revisions: 1929 § 11775; 1919 § 10985

Effective 1-1-93

Revisor's note: Salary adjustment index is printed, as required by
§105.005, in Appendix E.

CROSS REFERENCE: Lieutenant governor to discharge governor's duties,
when, Const. Art. IV, Sec. ll(b)

(1991) Lieutenant governor not entitled to be paid compensation at the
salary level of governor based on governor's presence or absence from the
state but based only upon serving as acting governor. State ex rel.
Ashcroft v. Blunt, 813 S.W.2d 849 (Mo. en banc.).

(1991) Where powers, duties and emolument of governor shall devolve upon
lieutenant governor upon absence from state or other disability of the
governor, absence from the state does not mean physical absence of
governor but means effective absence which effectively debilitates or
prevents governor from exercising the duties of his office. State ex rel.
Ashcroft v. Blunt, 813 S.W.2d 849 (Mo. en banc).

The governor and lieutenant governor shall hold their offices for
a term of four years beginning at 12:00 noon on the second Monday in
January next after their election and until their successors are elected
and qualified. (L. 1959 H.B. 121, A.L. 1979 H.B. 136)

Within the limits of appropriations for such purpose, the
governor may employ and fix the compensation of such legal and clerical
assistants as may be necessary for the efficient conduct of his office.
The lieutenant governor may likewise employ and fix the compensation of a
secretary. (RSMo 1939 § 13390, A.L. 1943 p. 870, A. 1949 S.B. 1008)

Prior revisions: 1929 § 11768; 1919 § 10978; 1909 § 10681

The governor may veto any item or portion of any item of any
appropriation bill or the whole thereof; except that the governor shall
not reduce any appropriation for free public schools or for the payment
of principal and interest on the public debt. (RSMo 1939 § 10905, A.L.
1945 p. 1428 § 58, A.L. 1959 H.B. 121)

See also Const. Art. IV § 26.

The governor may attend, in person or by his duly authorized
agent, all sales of real estate made by any sheriff under any distress
warrant issued by the state director of revenue, or sales made pursuant
to executions issued on any judgment, wherein the state of Missouri is a
party litigant or is in any wise interested, and buy in the property, if
he considers it necessary and expedient, in the name of the state, for
its use and benefit, and take proper deed therefor. In such cases, he may
credit the sheriff or other officer making the sale with the amount of
the bid made on the distress warrant or execution. (RSMo 1939 § 12699,
A.L. 1959 H.B. 121)

Prior revisions: 1929 § 11075; 1919 § 6939; 1909 § 7943

Whenever any property is bid off by him for the state, he shall
have the power to sell the same to any person or persons desiring to buy
the same from the state, on such terms and conditions as he may think
wise and conducive to the best interests of the state, and on behalf of
the state, to execute proper deeds therefor to the purchaser or
purchasers. Such deed or deeds executed by him shall be countersigned by
the secretary of state, and have thereto attached the great seal of the
state, and shall be by him duly acknowledged before some officer
authorized to take acknowledgments of deeds. (RSMo 1939 § 12700)

Prior revisions: 1929 § 11076; 1919 § 6940; 1909 § 7944

CROSS REFERENCE: Powers and duties, office of administration, sale of
state property, RSMo 37.005

The governor shall have the authority and he is hereby empowered
to reconvey or sell in the same manner as provided in section 26.050 any
real estate which has heretofore been purchased by the state, and in her
name, at any sheriff's sale made under and by authority of any distress
warrant heretofore issued by the state auditor. (L. 1951 p. 545)

The governor may at any time, when in his judgment the public
interest of the state will be conserved, select competent auditors or
accountants to audit the accounts of any department, office, commission,
board, bureau, institution, or any subdivision of the state; also road
districts, school districts, townships, municipalities and counties
receiving for or from the state any money. (RSMo 1939 § 13105)

It shall be the duty of every public official, agent or employee
of the state, and every official and employee of any county,
municipality, township, school district or road district to permit such
auditor or accountant to have access to the accounts, records, documents,
vouchers and papers in the care or custody or under the control of any
public official, or any employee of the state or any subdivision thereof
upon any subject relating to the condition, management and expenses of
the office, department, board, bureau, commission or institution being
audited. (RSMo 1939 § 13106)

Any public official, agent or employee of the state or any
subdivision thereof, including road districts, school districts,
townships, municipalities and counties, who violates the provisions of
section 26.070 or refuses to comply with sections 26.060 to 26.090 is
guilty of a misdemeanor. (RSMo 1939 § 13106, A.L. 1959 H.B. 121)

The expense of any audit ordered by the governor under sections
26.060 to 26.090 shall be borne out of an auditing fund to be
appropriated by the general assembly to be used by the governor for that
purpose. (RSMo 1939 § 13108, A.L. 1959 H.B. 121)

A facsimile of the governor's signature applied at his direction
and under his supervision shall be deemed the governor's handwritten
signature for all purposes. (L. 1957 p. 499 § 1)

1. The governor is authorized to designate such state department
or other state agency as in his opinion would best serve the interests of
the state in relation to the subject at hand as the official agency of
the state of Missouri, to cooperate or negotiate with the chief of
engineers or other authorities as designated in Public Law 534, 78th
Congress (58 Statutes at Large c. 665), or any amendments thereto.

2. Such agency or department as may be designated by the governor shall
have authority to investigate, cooperate and protect the state's
interests subject to the advice and approval of the governor. Such agency
or department shall have power to promote the state's interests, and
shall keep the governor advised of all developments in relation to such
act authorizing the construction of certain public works on rivers and
harbors for flood control and for other purposes as may affect Missouri
under Public Law 534, 78th Congress (58 Statutes at Large c. 665), or any
amendments thereto. Such agency or department shall make reports to the
governor, general assembly and other state agencies upon request, stating
its findings and recommendations when requested by the governor or such
other state agencies, and whenever the general assembly is in session.
(L. 1945 p. 939 § 1)

The governor may accept on behalf of the state of Missouri,
retrocession of full or partial jurisdiction over land owned by the
United States within the boundaries of the state of Missouri as provided
by Public Law 93-82, as passed by Congress on August 2, 1973.
Retrocession of jurisdiction shall be effected upon written notice to the
governor by the principal officer of the federal agency having
supervision and control over the land. Documents concurring the
retrocession shall be filed in the office of the secretary of state, and
in the office of the recorder of deeds of the county in which the lands
are located. (L. 1976 H.B. 1526 § 1)

Whenever any consular officer shall have registered as such with
the Department of State of the United States and has been issued an*
exequatur or a diplomatic note by the Department of State, the governor
shall issue or cause to be issued to such consular officer an
identification card with a short statement of his rights and privileges
as such, identifying him as a consular officer for the country he
represents. "Consular officers", as used in this section, shall be deemed
to include consuls general, consuls, vice consuls, consular agents,
honorary consuls and none other. Such consular officers are authorized to
use a motor vehicle identification plate identifying him as an official
consular officer. Any person other than a consular officer using such
vehicle identification plate shall be guilty of a misdemeanor. (L. 1955
p. 575 § 1, A.L. 1985 H.B. 336)

*Word "an" does not appear in original rolls.

1. In each year in which a governor or lieutenant governor of
this state is elected and the governor or the lieutenant governor so
elected is not the incumbent at the time of the election, funds and
facilities for that governor-elect and lieutenant governor-elect, to be
used by each of them in preparing an orderly transition of
administrations, shall be provided.

2. The legislature shall appropriate to the commissioner of
administration funds to be used only for the purpose of these transitions
and to be expended during the transition period, but in no event shall
the amount so appropriated exceed one hundred thousand dollars for the
governor-elect and five thousand dollars for the lieutenant
governor-elect for any such transition and all funds not expended for
this purpose during the transition period shall revert to general
revenue. (L. 1977 H.B. 493 & 458)

The transition period shall begin on the fifteenth day of
November following the election of a governor or lieutenant governor who
is not an incumbent and shall end when that governor-elect or lieutenant
governor-elect has taken the oath of office. (L. 1977 H.B. 493 & 458)

1. The commissioner of administration shall provide office space
and equipment for the governor-elect and the lieutenant governor-elect
and their staff during the transition period. The facilities provided
shall be located at the seat of government and shall be suitable for the
purpose and capable of adequately housing the transition staff of the
governor-elect and the lieutenant governor-elect. The facilities provided
for the staffs of the governor-elect and the lieutenant governor-elect
shall be separate facilities.

2. The commissioner of administration shall furnish the transition
facilities with adequate telephone service, office furniture and office
machines including but not limited to typewriters, adding machines and
duplicating equipment.

3. The transition period office space may be located in state-owned
buildings or in leased property. All salaries, expenses, rentals and
equipment purchase and repairs shall be made only from funds appropriated
for the purpose of these transitions. (L. 1977 H.B. 493 & 458)

Except as otherwise specifically provided by law, all members of
boards and commissions appointed by the governor shall, at the time of
their appointment, be residents of the state of Missouri. Except as
otherwise specifically provided by law, members of boards and commissions
appointed by the governor who move from the state during their term on
said boards and commissions shall be deemed to have vacated their
position on said boards and commissions, and the governor shall appoint a
person to the unexpired term as provided by law. (L. 1996 S.B. 876)

Within the first thirty days of any regular legislative session,
the governor may submit to both houses of the legislature, at the same
time, one or more formal and specific plans for the reorganization of
executive agencies of state government. (L. 1967 p. 98 § 1)

(2003) Section authorized executive agency reorganization plan creating
the Family Support Division of the Department of Social Services. State
ex rel. Department of Social Services v. K.L.D., 118 S.W.3d 283 (Mo.App.
W.D.).

A reorganization plan so submitted shall become effective by
executive order not sooner than ninety days after the final adjournment
of the session of the legislature to which it is submitted, unless it is
disapproved within sixty days of its submission to a regular session by a
senate or house resolution adopted by a majority vote of the respective
elected members thereof. (L. 1967 p. 98 § 2)

The presiding officer of the house in which a resolution
disapproving a reorganization plan has been introduced, unless the
resolution has been previously accepted or rejected by that house, shall
submit it to a vote of the membership not sooner than ten days or later
than sixty days after the submission by the governor of the
reorganization plan to which the resolution pertains. (L. 1967 p. 98 § 3)

A reorganization plan not disapproved by one or the other house
of the legislature in the manner set forth in section 26.510 shall be
considered for all purposes as the equivalent in force, effect and intent
of a public act of the state upon its taking effect by executive order as
set forth in section 26.510, and it shall be published together with the
laws adopted by the general assembly at the session in which the plan is
submitted. (L. 1967 p. 98 § 4)

Reorganization plans shall relate only to abolishing or combining
agencies in the executive branch of the state government or to changing
the organization thereof or the assignment of functions thereto. Each
plan shall contain such provisions as are necessary to assure the
uninterrupted conduct of the governmental services and functions affected
by the proposed reorganization plan. (L. 1967 p. 98 § 5)

Sections 26.600 to 26.614 shall be known and may be cited as the
"Missouri Community Service Act". (L. 1994 H.B. 1471 § 1)

As used in sections 26.600 to 26.614, the following terms mean:

(1) "Act", the national and community service act of 1990, as amended;

(2) "Commission", the Missouri community service commission created by
sections 26.600 to 26.614;

(3) "Community service programs", the performance of tasks designed
primarily to address educational, public safety, human, or environmental
needs at a local, regional, state, or multistate level;

(4) "Corporation", the corporation for national and community service
authorized by the act;

(5) "National service position", a placement in a community service
program whereby an individual may earn an educational award, as
authorized by the act;

(6) "National service laws", the act and other federal legislation that
authorizes or may authorize community service activities in states. (L.
1994 H.B. 1471 § 2)

1. There is hereby created and established within the office of
the governor "The Missouri Community Service Commission". The governor
may, by executive order, assign this commission to the office of any
executive department or statewide elected official.

2. The commission is established to make community service the common
expectation and experience of all Missourians with a special
concentration on Missouri's young people. The commission shall focus its
efforts primarily on issues related to education, public safety, human
needs and the environment.

3. The commission shall work to renew the ethic of civic responsibility
in Missouri and to involve and enroll citizens in service opportunities
that benefit Missouri while offering citizens skills that can be used to
further their own plans for education, for a career, or for continuing
community services. The commission shall build on the existing
organizational framework of state, local and community-based programs and
agencies to expand full-time and part-time service opportunities for all
citizens, but particularly Missouri's youth. (L. 1994 H.B. 1471 § 3)

1. The commission shall include at least fifteen but no more than
twenty-five voting members appointed by the governor, with the advice and
consent of the senate. The commission shall include the following voting
members:

(1) A representative of local government;

(2) The commissioner of the department of elementary and secondary
education or the designee of such person;

(3) An individual with experience in promoting the involvement of older
adults in service and volunteerism;

(4) A representative of a national service program;

(5) An individual with expertise in the educational, training and
development needs of youth, particularly disadvantaged youth;

(6) An individual between the ages of sixteen and twenty-five years who
is a participant in or supervisor of a service program for school age
youth, or a campus-based or national service program;

(7) A representative of community-based agencies or organizations in the
state;

(8) A representative of labor organizations;

(9) A member representing the business community;

(10) The lieutenant governor or his or her designee;

(11) A representative from the Corporation for National and Community
Service, who shall serve as a nonvoting, ex officio member;

(12) Other members, at the discretion of and appointed by the governor,
provided that there are at least fifteen but not more than twenty-five
voting members, and provided that no more than twenty-five percent of the
voting members are officers or employees of the state, and provided
further that not more than fifty percent plus one of the voting members
of the commission are members of the same political party;

(13) The governor may appoint any number of other nonvoting, ex officio
members who shall serve at the pleasure of the governor.

2. Appointments to the commission shall reflect the race, ethnicity, age,
gender and disability characteristics of the population of the state as a
whole.

3. Voting members shall serve renewable terms of three years, except that
of the first members appointed, one-third shall serve for a term of one
year, one-third shall serve for a term of two years, and one-third shall
serve for a term of three years. If a commission vacancy occurs, the
governor shall appoint a new member to serve for the remainder of the
unexpired term. Vacancies shall not affect the power of the remaining
members to execute the commission's duties.

4. The members of the commission shall receive no compensation for their
services on the commission, but shall be reimbursed for ordinary and
necessary expenses incurred in the performance of their duties.

5. The voting members of the commission shall elect one of their members
to serve as chairperson of the commission. The voting members may elect
such other officers as deemed necessary.

6. The commission shall meet at least quarterly. (L. 1994 H.B. 1471 § 4,
A.L. 2005 S.B. 521)

1. The commission shall have the following powers and duties:

(1) To ensure that its funding decisions meet all federal and state
statutory requirements;

(2) To prepare for this state an annual national service plan that
follows state and federal guidelines;

(3) To recommend innovative statewide service programs to increase
volunteer participation and community-based problem solving by all age
groups and among diverse participants;

(4) To utilize local, state and federal resources to initiate, strengthen
and expand quality service programs;

(5) To promote interagency collaboration to maximize resources and
develop a model of such collaboration on the state level;

(6) To oversee the application process to apply for corporation grants
and funds, and for approval of service positions;

(7) To establish priorities, policies and procedures for the use of funds
received under national service laws and for funds deposited into the
community service commission fund established in section 26.614;

(8) To provide technical assistance for applicants to plan and implement
service programs and to apply for assistance under the national service
laws;

(9) To solicit and accept gifts, contributions, grants, bequests or other
aid from any person, business, organization or foundation, public or
private and from federal, state or local government or any agency of
federal, state or local government.

2. The commission shall have other powers and duties in addition to those
listed in subsection 1 of this section, including:

(1) To utilize staff within the office of the governor, the office of a
designated statewide elected official or other executive departments as
needed for this purpose; and

(2) To enter into contracts with individuals, organizations and
institutions within amounts available for this purpose. (L. 1994 H.B.
1471 § 5, A.L. 1998 H.B. 1157)

1. All state agencies, the University of Missouri extension
system, and any unit of local government, including school districts, may
share information and cooperate with the commission to enable it to
perform the functions assigned to it by state and federal law.

2. Any state agency that operates or plans to establish a community
service program may coordinate its efforts with the commission. (L. 1994
H.B. 1471 § 6)

1. There is hereby created in the state treasury the "Community
Service Commission Fund". The state treasurer shall deposit to the credit
of the fund all moneys which may be appropriated to it by the general
assembly and also any gifts, contributions, grants, bequests or other aid
received from federal, private or other sources. The general assembly may
appropriate moneys into the fund for the support of the commission and
its activities. Notwithstanding the provisions of section 33.080, RSMo,
to the contrary, moneys in the fund shall not revert to the credit of the
general revenue fund at the end of the biennium.

2. The commission shall submit an annual report of its activities to the
speaker of the house of representatives, the president pro tem of the
senate, and the governor before January thirty-first of each year. (L.
1994 H.B. 1471 § 7, A.L. 1998 H.B. 1157)

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