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| Home > Statutes > Usa Missouri |
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USA Statutes : missouri
Title : EXECUTIVE BRANCH
Chapter : Chapter 37 Office of Administration
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1. Except as provided herein, the office of administration shall
be continued as set forth in house bill 384, seventy-sixth general
assembly and shall be considered as a department within the meaning used
in the Omnibus State Reorganization Act of 1974. The commissioner of
administration shall appoint directors of all major divisions within the
office of administration.
2. The commissioner of administration shall be a member of the
governmental emergency fund committee as ex officio comptroller and the
director of the department of revenue shall be a member in place of the
chief of the planning and construction division.
3. The office of administration is designated the "Missouri State Agency
for Surplus Property" as required by Public Law 152, eighty-first
Congress as amended, and related laws for disposal of surplus federal
property. All the powers, duties and functions vested by sections 37.075
and 37.080, and others, are transferred by type I transfer to the office
of administration as well as all property and personnel related to the
duties. The commissioner shall integrate the program of disposal of
federal surplus property with the processes of disposal of state surplus
property to provide economical and improved service to state and local
agencies of government. The governor shall fix the amount of bond
required by section 37.080. All employees transferred shall be covered by
the provisions of chapter 36, RSMo, and the Omnibus State Reorganization
Act of 1974.
4. The commissioner of administration shall replace the director of
revenue as a member of the board of fund commissioners and assume all
duties and responsibilities assigned to the director of revenue by
sections 33.300 to 33.540, RSMo, relating to duties as a member of the
board and matters relating to bonds and bond coupons.
5. All the powers, duties and functions of the administrative services
section, section 33.580*, RSMo, and others, are transferred by a type I
transfer to the office of administration and the administrative services
section is abolished.
6. The commissioner of administration shall, in addition to his or her
other duties, cause to be prepared a comprehensive plan of the state's
field operations, buildings owned or rented and the communications
systems of state agencies. Such a plan shall place priority on improved
availability of services throughout the state, consolidation of space
occupancy and economy in operations.
7. The commissioner of administration shall from time to time examine the
space needs of the agencies of state government and space available and
shall, with the approval of the board of public buildings, assign and
reassign space in property owned, leased or otherwise controlled by the
state. Any other law to the contrary notwithstanding, upon a
determination by the commissioner that all or part of any property is**
in excess of the needs of any state agency, the commissioner may lease
such property to a private or government entity. Any revenue received
from the lease of such property shall be deposited into the fund or funds
from which moneys for rent, operations or purchase have been
appropriated. The commissioner shall establish by rule the procedures for
leasing excess property.
8. The commissioner of administration shall make the selection of a
personnel director from the names of the three highest ranking available
eligibles as provided in section 36.080, RSMo. The personnel advisory
board, the personnel division and the personnel director in the office of
administration shall retain the functions, duties and powers prescribed
in chapter 36, RSMo. Members of the personnel advisory board shall be
nominated by the commissioner of administration and appointed by the
governor with the advice and consent of the senate.
9. The commissioner of administration is hereby authorized to coordinate
and control the acquisition and use of electronic data processing (EDP)
and automatic data processing (ADP) in the executive branch of state
government. For this purpose, the office of administration will have
authority to:
(1) Develop and implement a long-range computer facilities plan for the
use of EDP and ADP in Missouri state government. Such plan may cover, but
is not limited to, operational standards, standards for the
establishment, function and management of service centers, coordination
of the data processing education, and planning standards for application
development and implementation;
(2) Approve all additions and deletions of EDP and ADP hardware,
software, and support services, and service centers;
(3) Establish standards for the development of annual data processing
application plans for each of the service centers. These standards shall
include review of post-implementation audits. These annual plans shall be
on file in the office of administration and shall be the basis for
equipment approval requests;
(4) Review of all state EDP and ADP applications to assure conformance
with the state information systems plan, and the information systems
plans of state agencies and service centers;
(5) Establish procurement procedures for EDP and ADP hardware, software,
and support service;
(6) Establish a charging system to be used by all service centers when
performing work for any agency;
(7) Establish procedures for the receipt of service center charges and
payments for operation of the service centers. The commissioner shall
maintain a complete inventory of all state-owned or -leased EDP and ADP
equipment, and annually submit a report to the general assembly which
shall include starting and ending EDP and ADP costs for the fiscal year
previously ended, and the reasons for major increases or variances
between starting and ending costs. The commissioner shall also adopt,
after public hearing, rules and regulations designed to protect the
rights of privacy of the citizens of this state and the confidentiality
of information contained in computer tapes or other storage devices to
the maximum extent possible consistent with the efficient operation of
the office of administration and contracting state agencies.
10. Except as provided in subsection 13 of this section, the fee title to
all real property now owned or hereafter acquired by the state of
Missouri, or any department, division, commission, board or agency of
state government, other than real property owned or possessed by the
state highways and transportation commission, conservation commission,
state department of natural resources, and the University of Missouri,
shall on May 2, 1974, vest in the governor. The governor may not convey
or otherwise transfer the title to such real property, unless such
conveyance or transfer is first authorized by an act of the general
assembly. The provisions of this subsection requiring authorization of a
conveyance or transfer by an act of the general assembly shall not,
however, apply to the granting or conveyance of an easement to any rural
electric cooperative as defined in chapter 394, RSMo, municipal
corporation, quasi-governmental corporation owning or operating a public
utility, or a public utility, except railroads, as defined in chapter
386, RSMo. The governor, with the approval of the board of public
buildings, may, upon the request of any state department, agency, board
or commission not otherwise being empowered to make its own transfer or
conveyance of any land belonging to the state of Missouri which is under
the control and custody of such department, agency, board or commission,
grant or convey without further legislative action, for such
consideration as may be agreed upon, easements across, over, upon or
under any such state land to any rural electric cooperative, as defined
in chapter 394, RSMo, municipal corporation, or quasi-governmental
corporation owning or operating a public utility, or a public utility,
except "railroad", as defined in chapter 386, RSMo. The easement shall be
for the purpose of promoting the general health, welfare and safety of
the public and shall include the right of ingress or egress for the
purpose of constructing, maintaining or removing any pipeline, power
line, sewer or other similar public utility installation or any equipment
or appurtenances necessary to the operation thereof, except that
"railroad" as defined in chapter 386, RSMo, shall not be included in the
provisions of this subsection unless such conveyance or transfer is first
authorized by an act of the general assembly. The easement shall be for
such consideration as may be agreed upon by the parties and approved by
the board of public buildings. The attorney general shall approve the
form of the instrument of conveyance. The commissioner of administration
shall prepare management plans for such properties in the manner set out
in subsection 7 of this section.
11. The commissioner of administration shall administer a revolving
"Administrative Trust Fund" which shall be established by the state
treasurer which shall be funded annually by appropriation and which shall
contain moneys transferred or paid to the office of administration in
return for goods and services provided by the office of administration to
any governmental entity or to the public. The state treasurer shall be
the custodian of the fund, and shall approve disbursements from the fund
for the purchase of goods or services at the request of the commissioner
of administration or the commissioner's designee. The provisions of
section 33.080, RSMo, notwithstanding, moneys in the fund shall not
lapse, unless and then only to the extent to which the unencumbered
balance at the close of any fiscal year exceeds one-twelfth of the total
amount appropriated, paid, or transferred to the fund during such fiscal
year. The commissioner shall prepare an annual report of all receipts and
expenditures from the fund.
12. All the powers, duties and functions of the department of community
affairs relating to statewide planning are transferred by type I transfer
to the office of administration.
13. The titles which are vested in the governor by or pursuant to this
section to real property assigned to any of the educational institutions
referred to in section 174.020, RSMo, on June 15, 1983, are hereby
transferred to and vested in the board of regents of the respective
educational institutions, and the titles to real property and other
interests therein hereafter acquired by or for the use of any such
educational institution, notwithstanding provisions of this section,
shall vest in the board of regents of the educational institution. The
board of regents may not convey or otherwise transfer the title to or
other interest in such real property unless the conveyance or transfer is
first authorized by an act of the general assembly, except as provided in
section 174.042, RSMo, and except that the board of regents may grant
easements over, in and under such real property without further
legislative action.
14. All county sports complex authorities, and any sports complex
authority located in a city not within a county, in existence on August
13, 1986, and organized under the provisions of sections 64.920 to
64.950, RSMo, are assigned to the office of administration, but such
authorities shall not be subject to the provisions of subdivision (4) of
subsection 6 of section 1 of the Omnibus State Reorganization Act of
1974, Appendix B, RSMo, as amended.
15. All powers, duties, and functions vested in the administrative
hearing commission, sections 621.015 to 621.205, RSMo, and others, are
transferred to the office of administration by a type III transfer. (L.
1973 1st Ex. Sess. S.B. 1 § 15, A.L. 1983 H.B. 353 § 15, A.L. 1986 S.B.
426, A.L. 1987 S.B. 320, A.L. 1991 S.B. 357, A.L. 1996 H.B. 1359, A.L.
1997 H.B. 520 merged with S.B. 340)
*Section 33.580 was repealed by H.B. 1521 § 1 Revision, 1984.
**Word "are" appears in original rolls.
1. The governor, by and with the advice and consent of the
senate, shall appoint a commissioner of administration, who shall head
the "Office of Administration" which is hereby created. The commissioner
of administration shall receive a salary as provided by law and shall
also receive his actual and necessary expenses incurred in the discharge
of his official duties. Before taking office, the commissioner of
administration 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. He shall also deposit with the governor a
bond, with sureties to be approved by the governor, in the amount to be
determined by the governor payable to the state of Missouri, conditioned
on the faithful performance of the duties of his office. The premium of
this bond shall be paid out of the appropriation for the office of the
governor.
2. The governor shall appoint the commissioner of administration with the
advice and consent of the senate. The commissioner shall be at least
thirty years of age and must have been a resident and qualified voter of
this state for the five years next preceding his appointment. He must be
qualified by training and experience to assume the managerial and
administrative functions of the office of commissioner of administration.
3. The commissioner of administration shall, by virtue of his office,
without additional compensation, head the division of budget, the
division of purchasing, the division of design and construction, and the
division of electronic data processing coordination. Whenever provisions
of the constitution grant powers, impose duties or make other reference
to the comptroller, they shall be construed as referring to the
commissioner of administration.
4. The commissioner of administration shall provide the governor with
such assistance in the supervision of the executive branch of state
government as the governor requires and shall perform such other duties
as are assigned to him by the governor or by law. The commissioner of
administration shall work with other departments of the executive branch
of state government to promote economy, efficiency and improved service
in the transaction of state business. The commissioner of administration,
with the approval of the governor, shall organize the work of the office
of administration in such manner as to obtain maximum effectiveness of
the personnel of the office. He may consolidate, abolish or reassign
duties of positions or divisions combined within the office of
administration, except for the division of personnel. He may delegate
specific duties to subordinates. These subordinates shall take the same
oath as the commissioner and shall be covered by the bond of the director
or by separate bond as required by the governor.
5. The personnel division, personnel director and personnel advisory
board as provided in chapter 36, RSMo, shall be in the office of
administration. The personnel director and employees of the personnel
division shall perform such duties as directed by the commissioner of
administration for personnel work in agencies and departments of state
government not covered by the merit system law to upgrade state
employment and to improve the uniform quality of state employment.
6. The commissioner of administration shall prepare a complete inventory
of all real estate, buildings and facilities of state government and an
analysis of their utilization. Each year he shall formulate and submit to
the governor a long-range plan for the ensuing five years for the repair,
construction and rehabilitation of all state properties. The plan shall
set forth the projects proposed to be authorized in each of the five
years with each project ranked in the order of urgency of need from the
standpoint of the state as a whole and shall be upgraded each year.
Project proposals shall be accompanied by workload and utilization
information explaining the need and purpose of each. Departments shall
submit recommendations for capital improvement projects and other
information in such form and at such times as required by the
commissioner of administration to enable him to prepare the long-range
plan. The commissioner of administration shall prepare the long-range
plan together with analysis of financing available and suggestions for
further financing for approval of the governor who shall submit it to the
general assembly. The long-range plan shall include credible estimates
for operating purposes as well as capital outlay and shall include
program data to justify need for the expenditures included. The
long-range plan shall be extended, revised and resubmitted in the same
manner to accompany each executive budget. The appropriate
recommendations for the period for which appropriations are to be made
shall be incorporated in the executive budget for that period together
with recommendations for financing. Each revised long-range plan shall
provide a report on progress in the repair, construction and
rehabilitation of state properties and of the operating purposes program
for the preceding fiscal period in terms of expenditures and meeting
program goals.
7. All employees of the office of administration, except the commissioner
and not more than three other executive positions designated by the
governor in an executive order, shall be subject to the provisions of
chapter 36, RSMo. The commissioner shall appoint all employees of the
office of administration and may discharge the employees after proper
hearing, provided that the employment and discharge conform to the
practices governing selection and discharge of employees in accordance
with the provisions of chapter 36, RSMo.
8. The office of the commissioner of administration shall be in Jefferson
City.
9. In case of death, resignation, removal from office or vacancy from any
cause in the office of commissioner of administration, the governor shall
take charge of the office and superintend the business thereof until a
successor is appointed, commissioned and qualified. (L. 1971 H.B. 384,
A.L. 1977 H.B. 841)
Effective 1-1-78
*Transferred 1978; formerly 26.300
CROSS REFERENCES: Bidding for construction of a minimum security
correctional facility, RSMo 221.500 Cash reserve operating fund, powers
and duties, RSMo 33.577 Commissioner's power and duties, RSMo 37.005
Compensation of department heads, RSMo 105.950 State legal expense fund,
duties, RSMo 105.711, 105.721
The commissioner of administration may provide cooperative
purchasing services to quasi-public governmental bodies, as defined in
section 610.010, RSMo, in the same manner as those services are provided
to political subdivisions pursuant to section 67.360, RSMo. However, this
section shall not authorize the cooperative purchasing of investment and
banking services. (L. 1990 S.B. 808 & 672 § 3)
1. As used in this section, the following words and phrases mean:
(1) "Certification", the determination, through whatever procedure is
used by the office of administration, that a legal entity is a socially
and economically disadvantaged small business concern for purposes of
this section;
(2) "Department", the office of administration and any public institution
of higher learning in the state of Missouri;
(3) "Minority business enterprise", a business that is:
(a) A sole proprietorship owned and controlled by a minority;
(b) A partnership or joint venture owned and controlled by minorities in
which at least fifty-one percent of the ownership interest is held by
minorities and the management and daily business operations of which are
controlled by one or more of the minorities who own it; or
(c) A corporation or other entity whose management and daily business
operations are controlled by one or more minorities who own it, and which
is at least fifty-one percent owned by one or more minorities, or if
stock is issued, at least fifty-one percent of the stock is owned by one
or more minorities;
(4) "Socially and economically disadvantaged individuals", individuals,
regardless of gender, who have been subjected to racial, ethnic, or
sexual prejudice or cultural bias because of their identity as a member
of a group without regard to their individual qualities and whose ability
to compete in the free enterprise system has been impaired due to
diminished capital and credit opportunities as compared to others in the
same business area. In determining the degree of diminished credit and
capital opportunities the office of administration shall consider, but
not be limited to, the assets and net worth of such individual;
(5) "Socially and economically disadvantaged small business concern", any
small business concern:
(a) Which is at least fifty-one percentum owned by one or more socially
and economically disadvantaged individuals; or, in the case of any
publicly owned business, at least fifty-one percentum of the stock of
which is owned by one or more socially and economically disadvantaged
individuals; and
(b) Whose management and daily business operations are controlled by one
or more of such individuals;
(6) "Women's business enterprise", a business that is:
(a) A sole proprietorship owned and controlled by a woman;
(b) A partnership or joint venture owned and controlled by women in which
at least fifty-one percent of the ownership interest is held by women and
the management and daily business operations of which are controlled by
one or more of the women who own it; or
(c) A corporation or other entity whose management and daily business
operations are controlled by one or more women who own it, and which is
at least fifty-one percent owned by women, or if stock is issued, at
least fifty-one percent of the stock is owned by one or more women.
2. The office of administration, in consultation with each department,
shall establish and implement a plan to increase and maintain the
participation of certified socially and economically disadvantaged small
business concerns or minority business enterprises, directly or
indirectly, in contracts for supplies, services, and construction
contracts, consistent with goals determined after an appropriate study
conducted to determine the availability of socially and economically
disadvantaged small business concerns and minority business enterprises
in the marketplace. Such study shall be completed by December 31, 1991.
The commissioner of administration shall appoint an oversight review
committee to oversee and review the results of such study. The committee
shall be composed of nine members, four of whom shall be members of
business, three of whom shall be from staff of selected departments, one
of whom shall be a member of the house of representatives, and one of
whom shall be a member of the senate.
3. The goals to be pursued by each department under the provisions of
this section shall be construed to overlap with those imposed by federal
law or regulation, if any, shall run concurrently therewith and shall be
in addition to the amount required by federal law only to the extent the
percentage set by this section exceeds those required by federal law or
regulations. (L. 1990 S.B. 808 & 672 § 6)
The office of administration shall promulgate rules for a plan to
certify women's and minority business enterprises as defined in section
37.020. (L. 1995 H.B. 562)
1. The office of administration is designated as the "Missouri
State Agency for Surplus Property". It may acquire, warehouse, and
distribute federal surplus property to any and all eligible departments
and agencies of the state and local government, and to any and all other
institutions and organizations eligible to receive surplus property under
Public Law 152, 81st Congress, as amended, and under any other laws
enacted by the Congress of the United States which provide for the
disposal of United States government surplus property, and may otherwise
cooperate with the federal government in the transfer of government
surplus property.
2. The state agency for surplus property may take any action necessary
for the accomplishment of the purposes of this section and section 37.080
and it may make the certifications and enter into the agreements for and
on behalf of the state which are necessary or appropriate under the
controlling federal statutes and regulations, and may make regulations
necessary for the disposal of surplus properties. (L. 1963 p. 200 § 2-19)
(Source: RSMo 1959 § 160.173)
*Transferred 1978; formerly 161.192
There is established in the state treasury a fund to be known as
the "Federal Surplus Property Fund". All fees or other moneys received by
the state agency for surplus property from the acquisition, warehousing,
distribution, sale, transfer or other disposition of federal surplus
property shall be deposited to the federal surplus property fund.
Notwithstanding the provisions of section 33.080, RSMo, to the contrary,
moneys in such fund shall not be transferred to the general revenue fund
at the end of the biennium. Moneys in the fund shall not exceed the
amount specified pursuant to the state agency plan of operation as
approved by the General Services Administration, or its successor
organization. Moneys in the fund not currently needed may be invested by
the state treasurer and any income therefrom shall be deposited to the
credit of the federal surplus property fund. (L. 1990 S.B. 816 § 2)
Effective 7-2-90
The state agency for surplus property shall review its procedures
and policies and make necessary changes to promote the recycling of
paper, oil and other materials which might otherwise be disposed of as
waste which result from activities of state government. The state agency
for surplus property shall assist other state agencies and departments in
implementing recycling programs, shall support federal incentives and
policies designed to promote these same goals, and shall prepare and
provide upon request an annual report summarizing its plans and
activities pursuant to this section. (L. 1986 S.B. 475)
The commissioner of administration shall report annually in
writing to the appropriations committees of the general assembly
regarding the operation of the Missouri state agency for surplus
property, as defined in section 37.075. The report shall be submitted by
the commissioner as part of the appropriations process for the annual
budget of the office of administration and shall contain financial
information relating to the operation of the state agency for surplus
property for the preceding fiscal year, including, but not limited to,
the types and value of property acquired as determined by the agency, the
costs for transportation of the property expended by the agency, the
overhead of the agency as a dollar value and as a percentage of property
acquired, the method by which such overhead is calculated, the value of
the property distributed to qualified entities eligible to receive
surplus property pursuant to federal law, the value of the property
distributed to departments and agencies of the state, the value of and
income derived from the property disposed of to nonqualified entities by
sealed bid, the value of the property distributed or disposed of by other
means, and the salaries paid and actual expenses and costs incurred
during operation of the state agency for surplus property. (L. 1990 S.B.
816 § 1)
Effective 7-2-90
1. The state agency for surplus property may charge fees in an
amount necessary for the reimbursement of freight, handling, warehousing,
transferring, and accounting for surplus property handled by it. Moneys
so collected shall be used for the operation and maintenance of the state
agency for surplus property and for no other purpose. Any moneys found by
the agency to be in excess of the costs incurred may be refunded within
the fiscal period to the parties from whom the moneys were received.
2. The commissioner of the office of administration shall receive and
keep all moneys collected under this section and shall disburse them
under the direction of the state agency for surplus property in
accordance with this law. He shall give a bond in an amount fixed and
approved by the office of administration for the safekeeping and faithful
administration of the funds. The premium of the bond shall be paid from
funds received under this law. (L. 1963 p. 200 § 2-20)
(Source: RSMo 1959 § 160.175)
*Transferred 1978; formerly 161.202
The moneys received by the state from the sale of surplus
property shall be deposited in the state treasury to the credit of the
"Missouri State Surplus Property Clearing Fund", hereby created. The
account shall be administered by the commissioner of administration. When
appropriated the funds in the surplus property clearing account shall be
used for the purpose of paying the costs of conducting surplus property
sales. The commissioner of administration shall distribute all funds
received in excess of the costs of the sale to the fund which purchased
the item sold. (L. 1978 H.B. 1550 § 1)
CROSS REFERENCE: Missouri state surplus property clearing fund abolished
subject to exemption, RSMo 33.571
1. The office of administration shall carry on a continuing
examination of the administrative operations of the government of the
state for the purpose of recommending, where necessary, to the heads of
the several administrative agencies in the executive branch of state
government improvements in the organization and in the technical aspects
of the procedures and methods used by the agencies.
2. To this end the office shall:
(1) Give technical advice on problems of administration, methods and
procedures, to the extent that its staff and budget will permit, upon
request of the head of the agency;
(2) On its own initiative or at the direction of the commissioner of
administration or the governor recommend improvements in administration,
methods and procedures to an administrative agency. (L. 1965 p. 141 § 3)
*Transferred 1978; formerly 33.600
The commissioner of administration shall establish a data
processing unit within the office, and this unit shall make
recommendations and suggestions to all agencies and departments, and to
the general assembly. No state data processing equipment shall be added
or disposed of by any state agency by sale, lease or otherwise without
the approval of this unit. (L. 1965 p. 141 § 5)
*Transferred 1978; formerly 33.620
The commissioner of administration shall establish a duplicating
equipment unit to inventory and coordinate the use of state-owned
duplicating equipment, regardless of kind or type, and all supporting
equipment for same. This unit, in cooperation with the state director of
the division of purchasing, shall schedule and coordinate work for the
various agencies so that all equipment can be used to its fullest extent.
(L. 1965 p. 141 § 6)
*Transferred 1978; formerly 33.630
The commissioner of administration shall establish a central mail
handling unit. This unit shall bring together such equipment as may be
necessary to operate the facility, and all interoffice and regular postal
mail for the capitol area shall be handled by this unit. (L. 1965 p. 141
§ 7)
*Transferred 1978; formerly 33.640
The commissioner of administration shall establish a records
management center within the office which shall maintain equipment
capable of handling large volumes of data stored on magnetic film or
other mechanical record keeping equipment. Access to files or records
kept by this unit shall be governed by a central processing unit capable
of handling simultaneous inquiries within nanoseconds. (L. 1965 p. 141 §
8)
*Transferred 1978; formerly 33.650
The commissioner of administration shall establish a demographic
and statistical unit. This unit shall be responsible for the coordination
and preparation of all official population estimates and projections
required by state agencies, commissions and local governmental units. The
unit shall maintain a processing center for information from each federal
census and shall be the responsible agency for federally sponsored
programs and federal-state cooperative programs within the areas of
demographic analysis. In addition the unit shall provide requested
assistance in all reapportionment matters. All agencies of the state
shall submit to the office of administration, upon request, any
information required for the performance of the duties required under
this law. (L. 1972 H.B. 1148)
*Transferred 1978; formerly 33.660
So long as this state is divided into precincts for election
purposes, whenever this state is allowed or offered the option to have a
federal census taken on a precinct-by-precinct basis, the commissioner of
administration shall have the authority and duty to take the necessary
steps to contract with the federal government and pay within the limits
of moneys appropriated for that purpose any sums of money required to
have the federal census taken on a precinct-by-precinct basis. (L. 1983
S.B. 234)
The general assembly, giving due consideration to the historical
and continuing interest of the people of the state of Missouri in
encouraging the educational and cultural enrichment of its residents,
finds that public television stations, especially with local programming,
contribute significantly to such enrichment, are a valuable state
resource, and consequently that support of public television is an
important public purpose. (L. 1980 S.B. 835 § 1)
As used in sections 37.200 to 37.230, the term "public television
station" means a television broadcasting station operating as of January
1, 1980, under authority of section 73.621 of the Federal Communications
Commission rules and regulations as a noncommercial educational or public
television station, owned and operated by a political subdivision of this
state, an educational institution of this state, or by a not-for-profit
corporation, accepting or broadcasting no commercial messages, and
receiving all or part of its operating revenues from public funds,
federal funds, donations or grants, or public subscriptions. (L. 1980
S.B. 835 § 2)
The general assembly may appropriate funds to the commissioner of
administration for use as grants to public television stations. Such
grants shall be distributed to each of the public television stations in
this state after receipt of the station's certification of operating and
programming expenses for the prior fiscal year. Certification shall
consist of the most recent fiscal year financial statement submitted by a
station to the corporation for public broadcasting. At least twenty
percent of the state funds received under sections 37.200 to 37.230 by
any public television station shall be used for instructional television
services to be provided through local agreements. A substantial portion
of the state funds received under this or any other act by any public
television station shall be used for local programming related to the
needs and problems of the community served by the broadcast licensee. The
grants shall be divided into two categories, an annual basic service
grant and an operating grant. The basic service grant shall be equal to
thirty-five percent of the total amount appropriated and shall be divided
equally among the public television stations receiving grants. The
remaining amount of the appropriation shall be distributed as an
operating grant to the stations on the basis of the proportion that the
total operating expenses of the individual station in the prior fiscal
year bears to the aggregate total of operating expenses for the same
fiscal year for all Missouri public television stations receiving state
grants. State funds received by a public television station under
sections 37.200 to 37.230 and not expended shall be returned to the state
of Missouri. (L. 1980 S.B. 835 § 3)
The amount of any state funding provided by sections 37.200 to
37.230 shall not exceed thirty percent of the operating expenditures for
the previous year of the public television station receiving said grant.
(L. 1980 S.B. 835 § 4)
Eligible public television stations desiring to receive grants
under the provisions of section 37.200 to 37.230 shall make an annual
application to the commissioner of administration and submit a
certification of its actual operating and programming expenses for the
previous fiscal year. (L. 1980 S.B. 835 § 5)
Each public television station receiving grants under the
provisions of sections 37.200 to 37.230 shall furnish the commissioner of
administration and the oversight division of the committee on legislative
research within sixty days after the end of each fiscal year with an
annual report and accounting of the funds received and expended by such
stations during the just ended fiscal year and may furnish
recommendations and suggestions for improvement in programs and services
under the provisions of sections 37.200 to 37.230. (L. 1980 S.B. 835 § 6)
The amount appropriated as grants under the provisions of section
37.200 to 37.230 shall not be more than the sum of fifty cents multiplied
by the total number of residents of the state as determined by the most
recent federal decennial census. (L. 1980 S.B. 835 § 7)
1. The general assembly declares it is the public policy of this
state to determine the most cost-effective systems to provide ubiquitous
coverage of the state transparent communications between all members of
all using agencies, and the necessary E911 capability to provide assured
emergency response, and to reduce the response time for emergency or
disastrous situations.
2. There is hereby created a committee on state-operated wireless
communication systems to be composed of:
(1) The commissioner of administration or a designee;
(2) The director of the department of public safety or a designee;
(3) The director of the department of conservation or a designee; and
(4) The chief engineer of the department of transportation or a designee.
3. The committee shall examine existing programs and proposals for
development or expansion to identify duplication in resource allocation
of wireless communication systems. The committee shall submit a report to
the general assembly by August 30, 1998, in which it identifies
opportunities for cost savings, increased efficiency and improved
services for Missouri's citizens. The committee shall review the state's
purchasing law and may recommend such changes to chapter 34, RSMo, as it
deems appropriate to maintain and enhance the state's wireless
communication system. The committee may make such other recommendations
as it deems appropriate and shall identify the costs associated with each
such recommendation. (L. 1998 S.B. 743)
As used in sections 37.300 to 37.390, the following words and
terms have the meanings indicated, unless the context clearly requires
otherwise:
(1) "Agency", each state department, office, board, bureau, commission,
or other unit of the executive branch of state government except for the
department of conservation, the department of transportation, the
department of labor and industrial relations, and the University of
Missouri;
(2) "Form", every piece of paper, transparent plate, or film containing
information, printed, generated, or reproduced by whatever means, with
blank spaces left for the entry of additional information to be used in
any transaction involving agencies of the state;
(3) "Forms management", the program maintained by the forms management
unit to provide continuity of forms design procedures from the form's
origin up to its completion as a record by determining the form's size,
style and size of type; format; type of construction; number of plies;
quality, weight and type of paper and carbon; and by determining the use
of the form for data entry as well as the distribution;
(4) "Records coordinator", a person designated by an agency to serve as
an information liaison person between the agency and the unit; and
(5) "Unit", the forms management unit created herein. (L. 1983 H.B. 96,
et al., A.L. 1990 H.B. 1452 merged with S.B. 808)
A "Forms Management Unit" is hereby established within the office
of administration. The unit shall develop a forms management program for
state agencies, and shall implement the provisions of sections 37.300 to
37.390, 109.250 and 181.100 to 181.110, RSMo. Each agency shall fully
cooperate with the unit, and shall furnish all requested information and
assistance. (L. 1983 H.B. 96, et al., A.L. 2004 H.B. 1347)
1. The commissioner of administration shall appoint a director as
the executive head of the unit. The director must be experienced in the
principles of information and forms management, archives, and the affairs
and organization of state government. He shall be a person who is
qualified by training and experience to administer the affairs of the
unit.
2. The director shall appoint such staff as may be necessary to implement
the provisions of sections 37.300 to 37.390, 109.250 and 181.100 to
181.110, RSMo. All staff members shall be appointed pursuant to the
provisions of chapter 36, RSMo.
3. The director shall also serve as an additional voting member of the
state records commission established by the provisions of section
109.250, RSMo. (L. 1983 H.B. 96, et al., A.L. 2004 H.B. 1347)
The forms management unit shall:
(1) Establish a forms management program for state government including
the design, typography, format, logo, data sequence, form analysis, form
number, and agency file specifications;
(2) Establish a central state form numbering system and a central
cross-index filing system of all state forms, and shall standardize,
consolidate and eliminate, wherever possible, forms used by state
government;
(3) Approve and provide camera-ready copy or original artwork for all
forms to be printed;
(4) Require that all new or revised forms be purchased or printed only
after approval of the unit;
(5) Cooperate with the state records commission in developing and
implementing record retention schedules; and
(6) Have authority to examine and catalog all forms used or requested by
agencies. (L. 1983 H.B. 96, et al., A.L. 1995 H.B. 562)
The unit shall be responsible for the design, redesign,
numbering, and standardization of all forms used by state agencies. The
unit may consolidate forms so as to be usable for more than one purpose,
shall eliminate outdated, obsolete and unneeded forms, and shall give
assistance to agencies in designing forms so as to provide for more
useful information. No agency shall print or have printed any new or
revised form until such form has been approved by the unit. The unit
shall attempt to standardize letterheads, business cards, envelopes and
other similar materials so that economies of scale may be readily
obtained. In designing forms for agencies, the unit shall confer with
appropriate representatives of the agency to determine that only such
information as is necessary or relevant to the agency's functions is
being collected on forms of the agency. (L. 1983 H.B. 96, et al., A.L.
1995 H.B. 562)
Notwithstanding any other provision of law, no agency shall
purchase, lease or rent any copy machine or printing equipment until the
purchase, lease or rental agreement has been approved by the commissioner
of administration, nor shall the purchasing division approve, on behalf
of any agency, any such purchase, lease or rental agreement. The
commissioner of administration may waive the commissioner's approval
authority for any specific level or type of equipment that may be
requested by state agencies. (L. 1983 H.B. 96, et al., A.L. 1995 H.B. 562)
The unit shall offer its services to agencies within the
legislative and judicial branches of government, and to those agencies of
the executive branch which are otherwise excepted from the provisions of
sections 37.300 to 37.390, 109.250 and 181.100 to 181.110, RSMo. (L. 1983
H.B. 96, et al., A.L. 2004 H.B. 1347)
Each agency shall designate at least one employee as a records
coordinator. The records coordinator shall, on behalf of the agency, be
responsible for seeing that every form used by the agency is presented to
the unit for cataloging and identification and shall be responsible for
ensuring that record retention programs established by the state records
commission are being followed and observed. (L. 1983 H.B. 96, et al.,
A.L. 1995 H.B. 562)
Any purchase made which is contrary to the provisions of sections
37.300 to 37.390 shall not result in any liability to the state, but the
person authorizing such purchase shall be personally liable for any debt
so incurred. (L. 1983 H.B. 96, et al.)
1. There is hereby created a "State Property Preservation Fund"
which shall consist of moneys appropriated to the fund by the general
assembly for the purpose of repairing or replacing state-owned or leased
property damaged from natural or man-made events.
2. Moneys appropriated for the purposes of this section and section
37.413 shall be available for the payment of any property loss for
covered state-owned or leased buildings provided:
(1) A notice of coverage is issued by the commissioner of administration
for such property; and
(2) The state is obligated to provide evidence of insurance for such
property pursuant to a properly executed agreement, contract, or covenant.
3. The aggregate of payments from the state property preservation fund or
other funds appropriated for this purpose shall not exceed the amounts
necessary to repair or restore the covered property to its condition
prior to the covered loss or for the defeasance of outstanding debt
secured by the property. No payment shall be made from the state property
preservation fund or other funds appropriated for this purpose unless and
until the benefits provided to pay the claim by any other policy of
property insurance have been exhausted.
4. The provisions of section 33.080, RSMo, notwithstanding, any moneys
remaining to the credit of the state property preservation fund at the
end of an appropriation period shall not be transferred to general
revenue. (L. 2003 S.B. 243)
Effective 6-9-03
Moneys appropriated for the purposes of section 37.410 and this
section shall be deemed as satisfying all provisions contained in any
agreement, contract, or covenant requiring the state to purchase or
maintain property insurance on state-owned or leased buildings and their
contents. (L. 2003 S.B. 243)
Effective 6-9-03
1. As used in this section, the following terms shall mean:
(1) "Commissioner", the commissioner of administration;
(2) "Fleet manager", the state vehicle fleet manager created pursuant to
subsection 2 of this section;
(3) "State vehicle fleet", all vehicles used by the state or titled to
the state for the purpose of conducting state business; and
(4) "Vehicle", as defined in section 301.010, RSMo.
2. There is hereby created within the office of administration the
position of state vehicle fleet manager. The fleet manager shall be
appointed by the commissioner of administration pursuant to the
provisions of chapter 36, RSMo.
3. The fleet manager shall institute and supervise a state fleet vehicle
tracking system in which the cost of owning and operating each state
vehicle is documented by the agency owning the vehicle. All state
agencies shall report the purchase and the sale of any vehicle to the
fleet manager and provide any additional information requested by the
fleet manager in the format, manner and frequency determined by the
office of administration. The fleet manager shall have the authority to
suspend any agency's use of its credits established pursuant to section
37.452 if the agency does not comply with the requirements of this
section or section 307.402, RSMo, until he or she is satisfied that such
compliance is achieved.
4. The fleet manager shall submit an annual report to the speaker of the
house of representatives, the president pro tempore of the senate and the
governor before January thirty-first of each year. The fleet manager's
report shall consist of the status of the state vehicle fleet and any
recommendations for improvements and changes necessary for more efficient
management of the fleet.
5. The office of administration shall establish guidelines for
determining the most cost-effective and reasonable mode of travel under
the circumstances for single trips from the following options: passenger
rail, vehicle rental, fleet checkout and reimbursement for personal car
use.
6. The commissioner shall issue policies governing the acquisition,
assignment, use, replacement and maintenance of state-owned vehicles.
7. Each agency shall pay a state vehicle fleet fee, as determined by the
office of administration, for each vehicle it owns for the purpose of
funding the state fleet vehicle tracking system and for other
administrative expenses incurred in management of the state vehicle
fleet. Any agency that owns at least one thousand vehicles shall receive
a credit against the state vehicle fleet fee for the internal fleet
management services performed by such agency, provided such agency
furnishes all information required by the fleet manager.
8. State agencies shall be responsible for ensuring that state vehicles
are used only for state business and not for private purposes. (L. 2002
H.B. 1270 and H.B. 2032)
Effective 7-11-02
Provisions of section 37.090 notwithstanding, all proceeds
generated by the sale of a surplus vehicle, except proceeds generated
from the department of transportation, the department of conservation,
the Missouri state highway patrol and all state colleges and universities
may be deposited in the state treasury to the credit of the office of
administration revolving administrative trust fund and credited to the
state agency owning the vehicle at the time of sale. Upon appropriation,
moneys credited to agencies from the sale of surplus state fleet vehicles
shall be used solely for the purchase of vehicles for the respective
agency. (L. 2002 H.B. 1270 and H.B. 2032)
Effective 7-11-02
The office of administration shall establish a central registry
in which accredited not-for-profit human service providers may submit
confirmation of accreditation by a nationally recognized accrediting body
and related information. The office of administration shall issue a
vendor number to be recognized for state purchasing. (L. 1994 H.B. 1547 &
961 § 10)
When a not-for-profit human services organization providing
habilitative and rehabilitative services to people with disabilities in
the state of Missouri has been accredited by the Commission on
Accreditation of Rehabilitation Facilities or the Accreditation Council
on Services for People with Disabilities, that specific accreditation
shall be recognized in lieu of and as an equivalent to any state
licensure or certification requirements by all state agencies when
purchasing services on behalf of persons with disabilities. (L. 1994 H.B.
1547 & 961 § 9)
As used in sections 37.700 to 37.730, the following terms mean:
(1) "Office", the office of the child advocate for children's protection
and services within the office of administration, which shall include the
child advocate and staff;
(2) "Recipient", any child who is receiving child welfare services from
the department of social services or its contractors, or services from
the department of mental health. (L. 2004 H.B. 1453)
1. There is hereby established within the office of
administration the "Office of Child Advocate for Children's Protection
and Services", for the purpose of assuring that children receive adequate
protection and care from services, programs offered by the department of
social services, or the department of mental health, or the juvenile
court. The child advocate shall report directly to the commissioner of
the office of administration.
2. The office shall be administered by the child advocate, who shall be
appointed jointly by the governor and the chief justice of the Missouri
supreme court with the advice and consent of the senate. The child
advocate shall hold office for a term of six years and shall continue to
hold office until a successor has been duly appointed. The advocate shall
act independently of the department of social services, the department of
mental health, and the juvenile court in the performance of his or her
duties. The office of administration shall provide administrative support
and staff as deemed necessary. (L. 2004 H.B. 1453)
1. The office shall have access to the following information:
(1) The names and physical location of all children in protective
services, treatment, or other programs under the jurisdiction of the
children's division, the department of mental health, and the juvenile
court;
(2) All written reports of child abuse and neglect; and
(3) All current records required to be maintained pursuant to chapters
210 and 211, RSMo.
2. The office shall have the authority:
(1) To communicate privately by any means possible with any child under
protective services and anyone working with the child, including the
family, relatives, courts, employees of the department of social services
and the department of mental health, and other persons or entities
providing treatment and services;
(2) To have access, including the right to inspect, copy and subpoena
records held by the clerk of the juvenile or family court, juvenile
officers, law enforcement agencies, institutions, public or private, and
other agencies, or persons with whom a particular child has been either
voluntarily or otherwise placed for care, or has received treatment
within this state or in another state;
(3) To work in conjunction with juvenile officers and guardians ad litem;
(4) To file amicus curiae briefs on behalf of the interests of the parent
or child;
(5) To initiate meetings with the department of social services, the
department of mental health, the juvenile court, and juvenile officers;
(6) To take whatever steps are appropriate to see that persons are made
aware of the services of the child advocate's office, its purpose, and
how it can be contacted;
(7) To apply for and accept grants, gifts, and bequests of funds from
other states, federal, and interstate agencies, and independent
authorities, private firms, individuals, and foundations to carry out his
or her duties and responsibilities. The funds shall be deposited in a
dedicated account established within the office to permit moneys to be
expended in accordance with the provisions of the grant or bequest; and
(8) Subject to appropriation, to establish as needed local panels on a
regional or county basis to adequately and efficiently carry out the
functions and duties of the office, and address complaints in a timely
manner.
3. For any information obtained from a state agency or entity under
sections 37.700 to 37.730, the office of child advocate shall be subject
to the same disclosure restrictions and confidentiality requirements that
apply to the state agency or entity providing such information to the
office of child advocate. For information obtained directly by the office
of child advocate under sections 37.700 to 37.730, the office of child
advocate shall be subject to the same disclosure restrictions and
confidentiality requirements that apply to the children's division
regarding information obtained during a child abuse and neglect
investigation resulting in an unsubstantiated report. (L. 2004 H.B. 1453)
1. The office shall establish and implement procedures for
receiving, processing, responding to, and resolving complaints made by or
on behalf of children who are recipients of the services of the
departments of social services and mental health, and the juvenile court.
Such procedures shall address complaints relating to the actions,
inactions, or decisions of providers or their representatives, public or
private child welfare agencies, social service agencies, or the courts
which may adversely affect the health, safety, welfare, or rights of such
recipient.
2. The office shall establish and implement procedures for the handling
and, whenever possible, the resolution of complaints.
3. The office shall have the authority to make the necessary inquiries
and review relevant information and records as the office deems necessary.
4. The office may recommend to any state or local agency changes in the
rules adopted or proposed by such state or local agency which adversely
affect or may adversely affect the health, safety, welfare, or civil or
human rights of any recipient. The office shall make recommendations on
changes to any current policies and procedures. The office shall analyze
and monitor the development and implementation of federal, state and
local laws, regulations and policies with respect to services in the
state and shall recommend to the department, courts, general assembly,
and governor changes in such laws, regulations and policies deemed by the
office to be appropriate.
5. The office shall inform recipients, their guardians or their families
of their rights and entitlements under state and federal laws and
regulations through the distribution of educational materials.
6. The office shall annually submit to the governor, the general
assembly, and the Missouri supreme court a detailed report on the work of
the office of the child advocate for children's protection and services.
Such report shall include, but not be limited to, the number of
complaints received by the office, the disposition of such complaints,
the number of recipients involved in complaints, the state entities named
in complaints and whether such complaints were found to be substantiated,
and any recommendations for improving the delivery of services to reduce
complaints or improving the function of the office of the child advocate
for children's protection and services. (L. 2004 H.B. 1453)
1. Any files maintained by the advocate program shall be
disclosed only at the discretion of the child advocate; except that the
identity of any complainant or recipient shall not be disclosed by the
office unless:
(1) The complainant or recipient, or the complainant's or recipient's
legal representative, consents in writing to such disclosure; or
(2) Such disclosure is required by court order.
2. Any statement or communication made by the office relevant to a
complaint received by, proceedings before, or activities of the office
and any complaint or information made or provided in good faith by any
person shall be absolutely privileged and such person shall be immune
from suit.
3. Any representative of the office conducting or participating in any
examination of a complaint who knowingly and willfully discloses to any
person other than the office, or those persons authorized by the office
to receive it, the name of any witness examined or any information
obtained or given during such examination is guilty of a class A
misdemeanor. However, the office conducting or participating in any
examination of a complaint shall disclose the final result of the
examination with the consent of the recipient.
4. The office shall not be required to testify in any court with respect
to matters held to be confidential in this section except as the court
may deem necessary to enforce the provisions of sections 37.700 to
37.730, or where otherwise required by court order. (L. 2004 H.B. 1453)
1. Any employee or an unpaid volunteer of the office shall be
treated as a representative of the office. No representative of the
office shall be held liable for good faith performance of his or her
official duties under the provisions of sections 37.700 to 37.730 and
such representative shall be immune from suit for the good faith
performance of such duties. Every representative of the office shall be
considered a state employee under section 105.711, RSMo.
2. No reprisal or retaliatory action shall be taken against any recipient
or employee of the departments or courts for any communication made or
information given to the office. Any person who knowingly or willfully
violates the provisions of this subsection is guilty of a class A
misdemeanor. (L. 2004 H.B. 1453)
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