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| Home > Statutes > Usa Missouri |
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USA Statutes : missouri
Title : EXECUTIVE BRANCH
Chapter : Chapter 28 Secretary of State
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The secretary of state shall hold office for a term of four years
beginning at 12:00 noon on the second Monday in January next after his or
her election and until a successor is elected and qualified. (L. 1987
H.B. 456)
The secretary of state shall receive an annual salary of sixty
thousand dollars plus any salary adjustment provided pursuant to section
105.005, RSMo, payable out of the state treasury as full compensation for
all duties to be performed by him. (L. 1943 p. 869 § 1, A. 1949 S.B.
1011, A.L. 1955 p. 574, A.L. 1967 p. 97, A.L. 1972 S.B. 615, A.L. 1977
H.B. 520, A.L. 1980 H.B. 1266, A.L. 1984 S.B. 528)
Effective 1-1-85
Revisor's note: Salary adjustment index is printed, as required by §
105.005, in Appendix E.
The secretary of state, before entering upon the duties of his
office, shall take and subscribe an oath or affirmation to support the
Constitution of the United States and of this state, and to demean
himself faithfully in office, which shall be endorsed upon his
commission, and enter into bond, with security to be approved by the
governor, to the state of Missouri, in the sum of ten thousand dollars,
conditioned that he will well and truly perform the duties of secretary
of state; which bond shall be attested by the governor, and deposited in
the office of the governor. (RSMo 1939 § 12994, A.L. 1945 p. 1724)
Prior revisions: 1929 § 11369; 1919 § 11610; 1909 § 11181
1. Employees of the Missouri secretary of state may organize and
file with the secretary of state an application as a not-for-profit
corporation for the purpose of establishing a child day care center. The
corporation so formed may enter into an agreement with the commissioner
of administration for the lease of appropriate space for use as the child
day care center. The space for the center may be made available to the
corporation at a rate to be established by the commissioner of
administration.
2. The corporation may provide child day care on property leased from the
commissioner of administration. The child day care center established by
the corporation shall be licensed under the provisions of sections
210.201 to 210.245, RSMo. The operation of the day care center shall be
paid for by fees or charges, established by the corporation, and
collected from those who use its services. The corporation may receive
any private donations or* grants from agencies of the federal government
intended for the support of the child day care center. (L. 1990 H.B. 1377)
*Word "of" appears in original rolls.
The secretary of state is authorized to appoint, and, within the
limits of the appropriations to his department, to fix the compensation
of such clerks and employees as may be necessary in the performance of
the duties of his office. He shall designate one employee as deputy
secretary of state, who shall have resided in this state at least two
years prior to his appointment, and who shall possess all the powers and
perform any of the duties prescribed by law to be performed by the
secretary of state, when and for such periods of time as the secretary of
state may designate. The secretary of state and his sureties on his
official bond shall be responsible for the official acts of the deputy
secretary of state, and whenever he signs the name of the secretary of
state, under authority of law, or in any official capacity, he shall add
thereafter his own name as the deputy secretary of state. (RSMo 1939 §
12998, A.L. 1945 p. 1724, A.L. 1947 V. I p. 516, A.L. 1961 p. 408)
Prior revisions: 1929 § 11373; 1919 § 11614; 1909 § 11185
1. The secretary of state shall be the chief state election
official responsible for the administration and coordination of state
responsibilities pursuant to the Help America Vote Act of 2002. The
secretary is authorized to appoint members to commissions, develop and
submit plans, set voting systems standards and compliance deadlines, and
any other activities reasonably necessary to comply with the Help America
Vote Act of 2002.
2. The office of the secretary of state shall be designated as the single
office which shall be responsible for providing information regarding
voter registration procedures and absentee ballot procedures to be used
by absent uniformed services voters and overseas voters, as defined in
section 115.279, RSMo, with respect to elections for federal office.
3. The secretary of state shall establish state-based administrative
complaint procedures to remedy grievances concerning a violation of Title
III of the Help America Vote Act of 2002. These procedures shall:
(1) Require complaints to be in writing and notarized, and signed and
sworn by the person filing the complaint;
(2) Allow complaints to be consolidated;
(3) At the request of the complainant, require a hearing on the record
which may be conducted exclusively by written testimony and information;
(4) Provide an appropriate remedy for any substantiated violation of
Title III of the Help America Vote Act of 2002;
(5) Dismiss the complaint and publish the results of the procedures when
there is a determination of no violation;
(6) Require a final determination with respect to the complaint before
the expiration of the ninety-day period which begins on the date the
complaint is filed, unless the complainant consents to a longer period
for making such a determination; and
(7) If the final determination is not completed within ninety days,
resolve the complaint within sixty days under alternative dispute
resolution procedures.
The record and any other materials from proceedings conducted pursuant to
this subsection shall be made available for use under the alternative
dispute resolution procedures.
4. The secretary of state is authorized to promulgate rules to execute
this section. No rule or portion of a rule promulgated pursuant to the
authority of this section shall become effective unless it has been
promulgated pursuant to chapter 536, RSMo. (L. 2003 H.B. 511)
1. He shall keep his office at the seat of government; have the
safekeeping of the seal of state and of all public records, including
surety bonds, except those for which other provisions are made by law,
rolls, documents, acts, resolutions and orders of the general assembly;
keep a register of all commissions issued, the official acts of the
governor and, when necessary, attest the same.
2. He shall appoint a state librarian who shall administer the state
library, all state library service programs, distribution of funds, and
personnel actions shall be made on a nonpartisan basis. (RSMo 1939 §
12995, A.L. 1945 p. 1724, A.L. 1959 H.B. 119, A.L. 1991 S.B. 197)
Prior revisions: 1929 § 11370; 1919 § 11611; 1909 § 11182
Effective 7-l-93
CROSS REFERENCES: Cities and towns, alphabetical list of, to be kept,
RSMo 71.040 Cities and towns, name change to be filed before adoption,
RSMo 71.030, 71.070 Laws, originals to be deposited, RSMo 2.010
Railroads, mechanics' liens against, how filed and indexed, RSMo 429.480,
429.490 State seal, custody and use of, Const. Art. IV § 14
He shall affix the seal of the state to and countersign all
commissions and other official acts required by law to be issued or done
by the governor, his approbation or disapprobation of the acts of the
general assembly excepted, and all other instruments, when required or
authorized by the governor, or by law. (RSMo 1939 § 12996, A.L. 1945 p.
1724)
Prior revisions: 1929 § 11371; 1919 § 11612; 1909 § 11183
CROSS REFERENCES: Amendments to constitution, authentication, RSMo 2.040
Elections, duties in relation to, Chap. 115, RSMo Laws--bills passed over
governor's veto, authentication, RSMo 21.250
He shall keep in his office an abstract of all commissions issued
and appointments made by the governor, and shall register therein the
substance of each commission, specifying the name of the person
appointed, the office conferred, the district or county for which the
appointment is made, and the term of office; and when any office shall
become vacant he shall enter, in a space to be left for that purpose, a
memorandum of such vacancy and the occasion thereof, with a reference to
any evidence deposited in his office. (RSMo 1939 § 13003, A.L. 1945 p.
1724)
Prior revisions: 1929 § 11378; 1919 § 11619; 1909 § 11190
CROSS REFERENCE: Notaries public, Chap. 486, RSMo
The governor and the members of either house of the general
assembly, or committees thereof, shall have free access to his office for
the inspection and examination of all books, papers, records and
proceedings. All public records on file in his office are subject to
inspection by any person during regular office hours and when inspection
will not interfere with the orderly performance of duties. (RSMo 1939 §
13001, A.L. 1945 p. 1724, A.L. 1959 H.B. 119)
Prior revisions: 1929 § 11376; 1919 § 11617; 1909 § 11188
He shall not permit any original roll, paper or public document
filed in his office to be taken out of it unless called for by a
resolution of either or both houses of the general assembly, or for the
examination of the chief executive or for publication when required by
law. (RSMo 1939 § 13002, A.L. 1945 p. 1724, A.L. 1959 H.B. 119)
Prior revisions: 1929 § 11377; 1919 § 11618; 1909 § 11189
The secretary of state is hereby authorized to establish and
operate a microfilm service center for local agencies participating in
the local records management program. For this purpose, the secretary of
state may:
(1) Establish a charging system to be used when performing work for an
agency;
(2) Establish a revolving fund to recover only those direct costs for
materials, personnel and equipment associated with providing service to
local agencies from the microfilm service center. (L. 1976 H.B. 1587 § 1,
A.L. 1986 S.B. 732, A.L. 1991 S.B. 197)
Effective 7-l-93
He shall make out and deliver to every person requiring the same
copies of any act, resolution, order of the general assembly, commission
or other official act of the governor, roll, record, document, paper,
bond or recognizance, deposited in his office by law, and shall certify
such copies, under his hand, and affix thereto the seal of his office;
and such copies shall be admitted as evidence in all courts of this
state. (RSMo 1939 § 12997, A.L. 1945 p. 1724)
Prior revisions: 1929 § 11372; 1919 § 11613; 1909 § 11184
CROSS REFERENCES: Trademarks, registration of, Chap. 417, RSMo
Vessels--bottling liquids, registration of, RSMo 417.260
A facsimile of the signature of the secretary of state, applied
at his direction and under his supervision, is deemed the signature of
the secretary of state for all purposes. (L. 1967 p. 99 § 1)
CROSS REFERENCE: Uniform facsimile signature of public officials law,
RSMo 105.273 to 105.278
The secretary of state shall perform all the duties required by
law to be performed on behalf of the state with respect to registration
of lands, issuance of patents and other authentication of title to saline
or swamplands. (RSMo 1939 § 12999, A.L. 1945 p. 1724)
Prior revisions: 1929 § 11374; 1919 § 11615; 1909 § 11186
CROSS REFERENCES: Patents, when issued, authentication, RSMo 446.180
Right-of-way through state lands, RSMo 388.380 Swampland--duty to act as
agent, RSMo 241.030
He shall file and safely keep all official letters and other
public documents directed to or received by him. He shall file, retain,
store and destroy those documents in accordance with the state and local
records law. (RSMo 1939 § 13000, A.L. 1945 p. 1724, A.L. 1959 H.B. 119,
A.L. 1983 H.B. 713 Revision)
Prior revisions: 1929 § 11375; 1919 § 11616; 1909 § 11187
CROSS REFERENCE: Public and business records, duties, Chap. 109, RSMo
He shall report to the general assembly, either branch thereof,
or to the governor, at the times and covering the matters requested.
(RSMo 1939 § 13005, A.L. 1945 p. 1724, A.L. 1959 H.B. 119)
Prior revisions: 1929 § 11383; 1919 § 11624; 1909 § 11195
1. The state shall be entitled to fees for services to be
rendered by the secretary of state as follows: For issuing commission to
notary public $15.00 For countersigning and sealing certificates of
official character 10.00 For all other certificates 5.00 For copying
archive and state library records,
papers or documents, for each page 8 1/2 x 14
inches and smaller, not to exceed the actual
cost of document search and duplication For duplicating microfilm, for
each roll, not to
exceed the actual cost of staff time required
for searches and duplication For copying all other records, papers or
documents,
for each page 8 1/2 x 14 inches and smaller, not
to exceed the actual cost of document search
and duplication For certifying copies of records and papers or
documents 5.00 For causing service of process to be made 10.00 For
electronic telephone transmittal, per page 2.00
2. There is hereby established the "Secretary of State's Technology Trust
Fund Account" which shall be administered by the state treasurer. All
yield, interest, income, increment, or gain received from time deposit of
moneys in the state treasury to the credit of the secretary of state's
technology trust fund account shall be credited by the state treasurer to
the account. The provisions of section 33.080, RSMo, to the contrary
notwithstanding, moneys in the fund shall not be transferred and placed
to the credit of general revenue until the amount in the fund at the end
of a biennium exceeds five million dollars. In any such biennium the
amount in the fund in excess of five million dollars shall be transferred
to general revenue.
3. The secretary of state may collect an additional fee of ten dollars
for the issuance of new and renewal notary commissions which shall be
deposited in the state treasury and credited to the secretary of state's
technology trust fund account.
4. The secretary of state may ask the general assembly to appropriate
funds from the technology trust fund for the purposes of establishing,
procuring, developing, modernizing and maintaining:
(1) An electronic data processing system and programs capable of
maintaining a centralized database of all registered voters in the state;
(2) Library services offered to the citizens of this state;
(3) Administrative rules services, equipment and functions;
(4) Services, equipment and functions relating to securities;
(5) Services, equipment and functions relating to corporations and
business organizations;
(6) Services, equipment and functions relating to the Uniform Commercial
Code;
(7) Services, equipment and functions relating to archives;
(8) Services, equipment and functions relating to record services; and
(9) Services, equipment and functions relating to state and local
elections.
5. Notwithstanding any provision of this section to the contrary, the
secretary of state shall not collect fees, for processing apostilles,
certifications and authentications prior to the placement of a child for
adoption, in excess of one hundred dollars per child per adoption, or per
multiple children to be adopted at the same time. (RSMo 1939 § 13427,
A.L. 1978 S.B. 755, A.L. 1988 H.B. 1068, A.L. 1991 S.B. 197, A.L. 1993
H.B. 170, A.L. 1994 S.B. 635, A.L. 2002 H.B. 1776 merged with S.B. 675
merged with S.B. 923, et al.)
Prior revisions: 1929 § 11805; 1919 § 11013; 1909 § 10716
The secretary of state may, by administrative rule, provide for a
one-time increase not to exceed the amounts specified in sections
347.740, RSMo, 351.127, RSMo, 355.023, RSMo, 356.233, RSMo, 359.653,
RSMo, 400.9-508, RSMo, and 417.018, RSMo. (L. 1994 S.B. 635)
Before the secretary of state performs a duty or service required
by law for which a fee is charged, the person requesting the service
shall produce to the secretary of state the receipt of the state director
of revenue showing that the fee has been paid to him or shall submit the
fee to the secretary of state for transmittal to the state director of
revenue. (RSMo 1939 § 13428, A.L. 1947 V. I p. 484, A.L. 1959 H.B. 119,
A.L. 1978 S.B. 755)
Prior revisions: 1929 § 11806; 1919 § 11014; 1909 § 10717
In case of death, resignation, removal from office, impeachment
or vacancy from any cause in the office of secretary of state, the
governor shall immediately appoint a qualified person to fill such
vacancy for the remainder of the term in which such vacancy occurred and
until his successor is elected or appointed, commissioned and qualified;
and the governor shall take charge of the office and superintend its
business until such person is appointed, commissioned and qualified;
except that in case of impeachment, the governor shall appoint a
qualified person to serve only until such impeachment is determined, when
the suspended officer, if acquitted, shall be reinstated in office, or if
the suspended officer is convicted, a new appointment shall be made by
the governor as in the case of other vacancies. (RSMo 1939 § 13009, A.L.
1945 p. 1724, A. 1949 S.B. 1011)
Prior revisions: 1929 § 11387; 1919 § 11628; 1909 § 11199
If the secretary of state shall at any time neglect or refuse to
perform any of the duties enjoined on him by law, he shall pay to the
person aggrieved a sum not less than one hundred dollars nor more than
five hundred dollars, to be recovered by civil action. (RSMo 1939 §
13008, A.L. 1945 p. 1724)
Prior revisions: 1929 § 11386; 1919 § 11627; 1909 § 11198
1. In each year in which a secretary of state of this state is
elected and when the secretary of state so elected is not the incumbent
at the time of the election, funds and facilities for the secretary of
state-elect to be used by him in preparing an orderly transition of
administration shall be provided.
2. The legislature shall appropriate to the commissioner of
administration, funds to be used only for the purpose of this transition
and to be expended during the transition period but in no event shall the
amount so appropriated exceed ten thousand dollars 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 secretary of state who is not an
incumbent and shall end when that secretary of state-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 secretary of state-elect and his 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 secretary of state-elect and his staff.
2. The commissioner of administration shall furnish the transition
facility 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 this transition. (L. 1977 H.B. 493 & 458)
The secretary of state may accept credit or debit cards and
establish a new revenue collection center for prepaid accounts for the
payment of required taxes and fees. The secretary of state shall work
with the state treasurer and the office of administration in connection
with such payments. No person establishing a prepayment account pursuant
to this section shall be entitled to payment of any interest on such
account. Funds in prepayment accounts shall be refundable upon the order
of the person or persons authorized to transfer money from such an
account. (L. 1998 S.B. 680 §§ 29, 31 merged with S.B. 844 § 2)
The secretary of state may adopt rules to authorize the
electronic facsimile filing of any document filed with the secretary
under any provision administered by the secretary. The rules may set
forth standards for the acceptance of a form of signature other than the
proper handwriting of a person. A signature or document filed by
electronic facsimile in accordance with rules promulgated pursuant to
this section shall be prima facie evidence for all purposes that the
document actually was signed by the person whose signature appears on the
facsimile. (L. 2001 S.B. 288 § 1)
Effective 7-1-01
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