reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 34 - State Purchasing and Printing › Section 34.140 - Inventory of removable equipment, when — transfer of supplies between departments, when — distribution to certain donees, definitions, procedure — sale by auction, sealed bid — sidearms and badges, who may purchase, when.

Title IV EXECUTIVE BRANCH
Chapter 34
Effective - 28 Aug 1999
34.140. Inventory of removable equipment, when — transfer of supplies between departments, when — distribution to certain donees, definitions, procedure — sale by auction, sealed bid — sidearms and badges, who may purchase, when. —
1. The commissioner of administration may require an inventory to be made when necessary of all removable equipment owned by the state.
2. The commissioner of administration shall have the power to transfer supplies from any department where they are not needed to any other department where they are needed and to direct that proper charges and credits be made on the inventories of the departments concerned.
3. The commissioner of administration may distribute surplus or unneeded supplies or property to volunteer fire protection associations, as defined in section 320.300, to fire protection districts, to fire departments and to eligible donees, as that term is defined in connection with the federal surplus property program, in the same manner as provided for the distribution of federal surplus property. The commissioner of administration may distribute surplus or unneeded supplies or property to an organization registered as a 501(c)3 not-for-profit, public service corporation which provides training to fire departments, emergency medical technicians and police officers in search and recovery techniques, water rescue, ice rescue and watercraft operation in the same manner as provided for the distribution of federal surplus property.
4. The commissioner of administration may sell surplus or unneeded supplies or property which are not transferred to state agencies or distributed to eligible donees to the general public by auction, sealed bid.
5. A uniformed employee of the Missouri state highway patrol, with the approval of the superintendent, may purchase upon retirement, by reason of length of service or disability or by the member's next of kin in case of death, the service pistol, off-duty sidearm and badge carried by such member immediately prior to retirement. The purchase price for the service pistol, off-duty sidearm and badge shall be equal to the replacement cost thereof.
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(RSMo 1939 § 14595, A.L. 1945 p. 1428 § 69, A.L. 1982 S.B. 628, A.L. 1983 H.B. 384, A.L. 1990 H.B. 1120, A.L. 1991 H.B. 45, A.L. 1997 H.B. 318, A.L. 1998 H.B. 898, A.L. 1999 H.B. 861)
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 34 - State Purchasing and Printing › Section 34.150 - Violation by any department renders contract void — liability of head of department.

Title IV EXECUTIVE BRANCH
Chapter 34
Effective - 28 Aug 1995
34.150. Violation by any department renders contract void — liability of head of department. —
Whenever any department or agency of the state government shall purchase or contract for any supplies, materials, equipment or contractual services contrary to the provisions of this chapter or the rules and regulations made thereunder, such order or contract shall be void and of no effect. The head of such department or agency shall be personally liable for the costs of any order or contract the head of such department or agency knowingly authorized in violation of this chapter and, if already paid for out of state funds, the amount thereof may be recovered in the name of the state in an appropriate action instituted therefor.
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(RSMo 1939 § 14598, A.L. 1945 p. 1428 § 72, A.L. 1995 H.B. 562)
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 34 - State Purchasing and Printing › Section 34.160 - Commissioner not to be interested in concern making bids for furnishing supplies or printing — penalty for violation.

Title IV EXECUTIVE BRANCH
Chapter 34
Effective - 28 Aug 1945
34.160. Commissioner not to be interested in concern making bids for furnishing supplies or printing — penalty for violation. —
The commissioner of administration shall not be interested in any manner in any person, firm or corporation making bids for furnishing supplies or printing to the state or any subdivision or department thereof. He shall not receive nor accept, directly or indirectly, from any person, firm or corporation who may bid for furnishing, or receive a contract to furnish, any supplies or printing of any kind to the state, any rebate, gift or other valuable thing. Acceptance of any such rebate, gift or other valuable thing by the commissioner of administration shall be deemed a felony and on conviction thereof he shall be punished by imprisonment in the state penitentiary for not less than two nor more than five years, or by fine of not less than five hundred dollars nor more than two thousand dollars, or by both such fine and imprisonment.
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(RSMo 1939 § 14589, A.L. 1945 p. 1428 § 63)
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 34 - State Purchasing and Printing › Section 34.165 - Commissioner to give bidding preference to the blind, when — authority to make rules — auditor may examine records, when.

Title IV EXECUTIVE BRANCH
Chapter 34
Effective - 28 Aug 2018, 2 histories
34.165. Commissioner to give bidding preference to the blind, when — authority to make rules — auditor may examine records, when. —
1. In making purchases for this state, its governmental agencies or political subdivisions, the commissioner of administration shall give a bidding preference consisting of at least a five-point bonus and no greater than a fifteen-point bonus on bids for products and services manufactured, produced or assembled in qualified nonprofit organizations for the blind established pursuant to the provisions of 41 U.S.C. Sections 46 to 48c, as amended and in sheltered workshops holding a certificate of approval from the department of elementary and secondary education pursuant to section 178.920 if, at a minimum, the participating nonprofit organization or workshop provides the greater of two percent or five thousand dollars of the total contract value of bids for purchase not exceeding ten million dollars. The bonus points shall be awarded on the basis of a sliding scale, as determined in rule by the commissioner of administration, based on revenue generation for and utilization of qualified nonprofit organizations for the blind or sheltered workshops, with the bonus points increasing as the revenue generation for and utilization of such organizations and workshops increases.
2. An affidavit signed by the director or manager and the board president of a participating nonprofit organization shall be provided to the purchasing agency by the contractor at the completion of the contract or within thirty days of the first anniversary of the contract, whichever first occurs, verifying compliance.
3. The commissioner of administration shall make such rules and regulations regarding specifications, quality standards, time of delivery, performance, bidding preferences, and other relevant matters as shall be necessary to carry out the purpose of 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 the provisions of section 536.024.
4. At the request of the commissioner of administration, the state auditor may examine all records, books and data of any qualified nonprofit organization for the blind to determine the costs of manufacturing products or rendering services and the manner and efficiency of production and administration of such nonprofit organization with relation to any product or services purchased by this state, its governmental agencies or political subdivisions and to furnish the results of such examination to the commissioner for appropriate action.
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(L. 1997 H.B. 107 § 1, A.L. 2007 H.B. 352, A.L. 2018 H.B. 1879)
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 34 - State Purchasing and Printing › Section 34.170 - Commissioner to purchase all state printing — exceptions.

Title IV EXECUTIVE BRANCH
Chapter 34
• Effective - 28 Aug 1995
34.170. Commissioner to purchase all state printing — exceptions. —
The commissioner of administration shall purchase all public printing and binding of the state, including that of all executive and administrative departments, bureaus, commissions, institutions and agencies, and the supreme court. All state officers shall order all of their printing and binding through the commissioner of administration, except as otherwise provided by this section. The commissioner of administration may authorize any state agency or department and any penal, eleemosynary or educational institution to procure or produce all or any part of its own printing and binding. Notwithstanding any other provision of law to the contrary, the commissioner of administration may establish and operate one or more printing or copy centers to produce printing for state agencies.
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(L. 1945 p. 1428 § 76, A.L. 1959 H.B. 113, A.L. 1983 H.B. 384, A.L. 1995 H.B. 562)
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 34 - State Purchasing and Printing › Section 34.175 - Soybean-based ink to be used for state printing, when — logo requirement — effective when.

Title IV EXECUTIVE BRANCH
Chapter 34
• Effective - 28 Aug 1995
34.175. Soybean-based ink to be used for state printing, when — logo requirement — effective when. —
1. Notwithstanding the provisions of sections 34.170 to 34.192 to the contrary, all printing done by any department, agency, or institution or entity of the state, whether performed internally or contracted for, shall use soybean-based inks, so long as the cost of using such inks is no more than ten percent greater than the cost of other comparable inks. The commissioner of administration shall specify on any contract for printing let out for competitive bids whether the printing is required to be done with soybean-based inks.
2. Where it is cost-efficient and practicable, any document which has been printed with soybean-based inks shall contain somewhere on the document the official "soybean-based ink" logo.
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(L. 1990 H.B. 1064 §§ 1, A, A.L. 1995 H.B. 562)
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 34 - State Purchasing and Printing › Section 34.180 - To determine form of printed matter — exceptions.

Title IV EXECUTIVE BRANCH
Chapter 34
• Effective - 28 Aug 1995
34.180. To determine form of printed matter — exceptions. —
The commissioner of administration shall advise and assist state agencies with the planning, design and layout for any printed matter, so the same may be produced in the most economical and effective manner. The form, style, spacing of lines, the kind of binding, the method and material of all public printing, when not otherwise prescribed by law, shall be determined by the commissioner of administration, in consultation with the requesting agency, having proper regard for economy and workmanship and the purpose for which the work is needed, except that (1) the form of legislative printing may be prescribed by the general assembly, and (2) after consultation with the commissioner of administration, the clerk of the supreme court may determine the typography of work done for the courts and the board of curators of the University of Missouri and the boards of regents of the state colleges may determine the typography of work done for their respective institutions. The commissioner of administration shall standardize as many items of printing as are deemed practicable and shall from time to time prepare instructions to the using agencies describing the standards adopted.
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(L. 1945 p. 1428 § 78, A.L. 1959 H.B. 113, A.L. 1995 H.B. 562)
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 34 - State Purchasing and Printing › Section 34.190 - Determine size and number of reports to be printed.

Title IV EXECUTIVE BRANCH
Chapter 34
• Effective - 28 Aug 1995
34.190. Determine size and number of reports to be printed. —
The commissioner of administration shall, except as otherwise directed by the general assembly, have the power to determine the number of copies and number of pages of subject material in each document printed under the commissioner's supervision. The number of reports ordered shall not in any case exceed the probable and reasonable demands of the state therefor. Each state agency, before submitting any report to the commissioner of administration for printing, shall carefully edit such report, consolidating statistical tables, condensing or summarizing where possible and eliminating all matter which is of interest to individuals chiefly and not important information concerning public affairs.
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(L. 1945 p. 1428 § 84, A.L. 1995 H.B. 562)
CROSS REFERENCE:
Secretary of state to review manuscripts before printing, 11.040
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 34 - State Purchasing and Printing › Section 34.192 - Reports, method of preparation — minimization of volume of printed material produced.

Title IV EXECUTIVE BRANCH
Chapter 34
• Effective - 28 Aug 1993
34.192. Reports, method of preparation — minimization of volume of printed material produced. —
1. Any report submitted to the commissioner of administration pursuant to section 34.190 shall be prepared and printed using both sides of the paper.
2. When a state department or agency is required to send a report to the general assembly, a copy of the report shall be sent to the president pro tem of the senate, the speaker of the house and shall be filed with the legislative library. Each member of the general assembly shall be notified that the report is available and a copy shall be furnished without charge upon request of any member. If such report is less than two pages in length, the report shall be furnished to each member in lieu of a notice. There shall be no cost to the member for a copy of a report furnished pursuant to this subsection.
3. The state courts administrator, each department and agency of the executive branch and the general assembly shall develop and implement policies which minimize the volume of printed material produced. At a minimum, the general assembly and each of the state's courts, departments and agencies shall ensure that documents are printed on both sides and that publication and distribution policies are periodically reviewed to ensure that unnecessary printing and distribution of documents is minimized.
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(L. 1993 S.B. 80, et al. § 14)
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 34 - State Purchasing and Printing › Section 34.350 - Missouri domestic product procurement act — law, how cited — definitions.

Title IV EXECUTIVE BRANCH
Chapter 34
• Effective - 28 Aug 1987
34.350. Missouri domestic product procurement act — law, how cited — definitions. —
1. Sections 34.350 to 34.359 shall be known and may be cited as the "Missouri Domestic Products Procurement Act".
2. For the purposes of sections 34.350 to 34.359, the following words mean:
(1)
"Public agency"
, the state of Missouri, its departments, agencies, boards, commissions, and institutions, and all political subdivisions, including school districts;
(2)
"United States"
, the United States of America, the District of Columbia, and all territories and possessions subject to the jurisdiction of the United States.
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(L. 1987 S.B. 74 §§ 1, 2)
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 34 - State Purchasing and Printing › Section 34.353 - All public agencies and political subdivisions to purchase or lease only goods or commodities produced in the United States, exceptions, procedure.

Title IV EXECUTIVE BRANCH
Chapter 34
• Effective - 28 Aug 1995
34.353. All public agencies and political subdivisions to purchase or lease only goods or commodities produced in the United States, exceptions, procedure. —
1. Each contract for the purchase or lease of manufactured goods or commodities by any public agency, and each contract made by a public agency for construction, alteration, repair, or maintenance of any public works shall contain a provision that any manufactured goods or commodities used or supplied in the performance of that contract or any subcontract thereto shall be manufactured or produced in the United States.
2. This section shall not apply where the purchase, lease, or contract involves an expenditure of less than twenty-five thousand dollars. This section shall not apply when only one line of a particular good or product is manufactured or produced in the United States.
3. This section shall not apply where the executive head of the public agency certifies in writing that:
(1) The specified products are not manufactured or produced in the United States in sufficient quantities to meet the agency's requirements or cannot be manufactured or produced in the United States within the necessary time in sufficient quantities to meet the agency's requirements;
(2) Obtaining the specified products manufactured or produced in the United States would increase the cost of the contract by more than ten percent;
(3) The specified products are to be purchased or leased by a state-supported four-year institute of higher education and such certification as required by subdivision (1) or (2) of this subsection has been made within the last three years;
(4) The specified products are to be purchased or leased by a publicly supported institution and such certification as required by subdivision (1) or (2) of this subsection has been made within the last three years; or
(5) The political subdivision has adopted a formal written policy to encourage the purchase of products manufactured or produced in the United States.
4. The certificate required by this section shall specify the nature of the contract, the product being purchased or leased, the names and addresses of the United States manufacturers and producers contacted by the public agency or the project architect or engineer, and an indication that such manufacturers or producers could not supply sufficient quantities or that the price of the products would increase the cost of the contract by more than ten percent.
5. Certificates required by this section shall be maintained by the public agency for a period of three years.
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(L. 1987 S.B. 74 § 3, A.L. 1995 H.B. 562)
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 34 - State Purchasing and Printing › Section 34.355 - Vendor to furnish proof of compliance — misrepresentation of facts, penalty.

Title IV EXECUTIVE BRANCH
Chapter 34
• Effective - 28 Aug 1987
34.355. Vendor to furnish proof of compliance — misrepresentation of facts, penalty. —
No public agency may authorize, provide for, or make any payment to any vendor or contractor upon any contract in violation of section 34.353. At time of bid and before any public agency authorizes, provides, or makes payment to any vendor or contractor upon any contract to which section 34.353 or 34.359 applies, the vendor or contractor shall provide proof of compliance with section 34.353 and, if applicable, section 34.359. Any vendor or contractor who knowingly misrepresents any material fact to the public agency concerning the origin of any manufactured goods or commodities shall be guilty of a class A misdemeanor.
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(L. 1987 S.B. 74 § 4)
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 34 - State Purchasing and Printing › Section 34.359 - Treaties and law of the United States to supersede.

Title IV EXECUTIVE BRANCH
Chapter 34
• Effective - 28 Aug 1987
34.359. Treaties and law of the United States to supersede. —
Nothing in sections 34.350 to 34.359 is intended to contravene any existing treaty, law, agreement, or regulation of the United States. All contracts under sections 34.350 to 34.359 shall be entered into in accordance with existing treaty, law, agreement, or regulation of the United States including all treaties entered into between foreign countries and the United States regarding export-import restrictions and international trade and shall not be in violation of sections 34.350 to 34.359 to the extent of such accordance.
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(L. 1987 S.B. 74 § 6)
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 34 - State Purchasing and Printing › Section 34.363 - Listing of Missouri products, office of administration to compile and provide access — state agencies to make good faith search for Missouri companies to provide products and services.

Title IV EXECUTIVE BRANCH
Chapter 34
Effective - 28 Aug 2004
34.363. Listing of Missouri products, office of administration to compile and provide access — state agencies to make good faith search for Missouri companies to provide products and services. —
1. The commissioner of the office of administration shall compile a listing of Missouri products and provide access to such listing to all state government agencies, public institutions of higher education, and other interested parties. The commissioner of the office of administration shall also make efforts to identify and give notice of state government bidding opportunities to Missouri manufacturers or service providers. Further, the commissioner of the office of administration shall ensure state agencies follow the requirements of this section and the Missouri preference provisions set forth in this chapter.
2. State government agencies shall make a good faith search of Missouri companies that provide Missouri manufactured products or services.
3. Upon request of a Missouri company who applied for but was not awarded the state contract, the state department which awarded the contract shall prepare a written explanation within twenty days of the award explaining why the Missouri manufacturer or service provider did not receive the award.
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(L. 2004 S.B. 1249)
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 34 - State Purchasing and Printing › Section 34.375 - Purchasing agents for governmental agencies to give preference to food and beverages containing higher levels of calcium, exceptions.

Title IV EXECUTIVE BRANCH
Chapter 34
Effective - 28 Aug 2003
34.375. Purchasing agents for governmental agencies to give preference to food and beverages containing higher levels of calcium, exceptions. —
1. This section shall be known and may be cited as the "Missouri Calcium Initiative".
2. The purchasing agent for any governmental entity that purchases food or beverages to be processed or served in a building or room owned or operated by such governmental entity shall give preference to foods and beverages that:
(1) Contain a higher level of calcium than products of the same type and nutritional quality; and
(2) Are equal to or lower in price than products of the same type and nutritional quality.
3. Notwithstanding the provisions of subsection 2 of this section to the contrary, if a state institution determines that a high calcium food or beverage that is preferred pursuant to subsection 2 of this section will interfere with the proper treatment and care of a patient of such institution, the purchasing agent shall not be required to purchase the high calcium food or beverage for such patient.
4. The requirements of this section shall be in addition to any requirements placed upon a governmental entity by the United States Department of Agriculture under the National School Lunch Program or the School Breakfast Program.
5. For purposes of this section,
"governmental entity"
means the state of Missouri, its departments, agencies, boards, commissions and institutions, and all school districts of the state. Governmental entity does not include political subdivisions of the state.
6. Notwithstanding the provisions of this section to the contrary, a purchasing agent who has entered into a contract with a supplier before July 1, 2003, to purchase food and beverages shall not be required to purchase high calcium foods and beverages if purchasing such products would change the terms of the contract.
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(L. 2003 H.B. 202)
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 34 - State Purchasing and Printing › Section 34.376 - Citation of act — definitions.

Title IV EXECUTIVE BRANCH
Chapter 34
• Effective - 28 Aug 2011
34.376. Citation of act — definitions. —
1. Sections 34.376 to 34.380 may be known as the "Transparency in Private Attorney Contracts Act".
2. As used in sections 34.376 to 34.380, the following terms shall mean:
(1)
"Government attorney"
, an attorney employed by the state as an assistant attorney general;
(2)
"Private attorney"
, any private attorney or law firm;
(3)
"State"
, the state of Missouri, in any action instituted by the attorney general pursuant to section 27.060.
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(L. 2011 H.B. 111 merged with S.B. 59)
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 34 - State Purchasing and Printing › Section 34.380 - Contractual authority not expanded.

Title IV EXECUTIVE BRANCH
Chapter 34
• Effective - 28 Aug 2011
34.380. Contractual authority not expanded. —
Nothing in sections 34.376 to 34.380 shall be construed to expand the authority of any state agency or state agent to enter into contracts where no such authority previously existed.
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(L. 2011 H.B. 111 merged with S.B. 59)
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 36 - State Personnel Law (Merit System) › Section 36.010 - Citation of law.

Title IV EXECUTIVE BRANCH
Chapter 36
Effective - 28 Aug 1979
36.010. Citation of law. —
This chapter, together with any subsequent amendments thereto, shall be known and may be referred to as "The State Personnel Law".
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(L. 1945 p. 1157 § 1, A.L. 1979 H.B. 673)
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 36 - State Personnel Law (Merit System) › Section 36.025 - All state employees at-will, exceptions.

Title IV EXECUTIVE BRANCH
Chapter 36
Effective - 28 Aug 2018
36.025. All state employees at-will, exceptions. —
Except as otherwise provided in section 36.030, all employees of the state shall be employed at-will, may be selected in the manner deemed appropriate by their respective appointing authorities, shall serve at the pleasure of their respective appointing authorities, and may be discharged for no reason or any reason not prohibited by law, including section 105.055.
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(L. 2018 S.B. 1007)
(2022) Section as amended mandates all non-merit state employees to be employed at-will, and the state is not permitted to bargain with unions over terms and conditions of employment that would be inconsistent with at-will employment. American Federation of State, County and Municipal Employees, AFL-CIO, Council 61 v. State, 653 S.W.3d 111 (Mo.banc).
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 36 - State Personnel Law (Merit System) › Section 36.040 - Personnel division, head, functions — administration of law, equal opportunity law.

Title IV EXECUTIVE BRANCH
Chapter 36
Effective - 28 Aug 2018, 2 histories
36.040. Personnel division, head, functions — administration of law, equal opportunity law. —
1. The division of personnel of the office of administration, the administrative head of which is the personnel director, shall administer this chapter and render the services to the departments and divisions subject to the provisions of this chapter that are necessary and desirable to assist the officials in discharging their responsibility for maintaining and increasing the effectiveness of personnel administration. The division shall provide consultation and expertise in personnel management to all agencies to assist in the accomplishment of the missions of such agencies.
2. The division shall administer this chapter in a manner which complies with equal opportunity law and shall consult with the state equal employment opportunity officer in various aspects of the administration of this chapter to ensure such compliance. In particular, the division shall consult with the state equal employment opportunity officer regarding the classification plan, the pay plan, qualifications for admittance to examinations, and nonmerit selection procedures for the purpose of ensuring compliance with equal opportunity law and regulations, and on developed plans to establish a state workforce which reflects the diversity of Missouri citizens at all levels of employment.
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(L. 1945 p. 1157 § 4, A.L. 1959 H.B. 111, A.L. 1971 H.B. 384, A.L. 1996 H.B. 1146, A.L. 2018 S.B. 1007)
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 36 - State Personnel Law (Merit System) › Section 36.060 - Duties of director — rules generally, promulgation, procedure.

Title IV EXECUTIVE BRANCH
Chapter 36
Effective - 28 Aug 2023, 3 histories
36.060. Duties of director — rules generally, promulgation, procedure. —
1. In addition to the duties imposed elsewhere in this chapter, it shall be the duty of the director:
(1) To make any investigation which he or she may consider desirable concerning the administration of personnel subject to this chapter pursuant to subsection 1 of section 36.030 and all personnel of any department or agency of the executive branch of state government not exempted from section 36.031;
(2) To hold regular meetings with appointing authorities to propose methods of resolving general personnel problems;
(3) To make such suggestions and recommendations to the governor and the commissioner of administration relating to the state's employment policies as will promote morale, efficiency and uniformity in compensation of the various employees in the state service;
(4) To promulgate rules and regulations on behalf of the commissioner of administration to ensure that no applicant or employee is discriminated against on the basis of race, creed, color, religion, national origin, sex, ancestry or handicap.
2. No rule or portion of a rule promulgated under the authority of this chapter shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.
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(L. 1945 p. 1157 § 6, A.L. 1971 S.B. 327, A.L. 1979 H.B. 673, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3, A.L. 2010 H.B. 1868, A.L. 2018 S.B. 1007, A.L. 2023 S.B. 111)
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 36 - State Personnel Law (Merit System) › Section 36.070 - Rules and regulations, authorized, procedure.

Title IV EXECUTIVE BRANCH
Chapter 36
Effective - 28 Aug 2023, 3 histories
36.070. Rules and regulations, authorized, procedure. —
1. The commissioner of administration shall have power to prescribe such rules and regulations not inconsistent with the provisions of this chapter as he or she deems suitable and necessary to carry out the provisions of this chapter. Such rules and regulations shall be effective when filed with the secretary of state as provided by law.
2. The commissioner of administration shall prescribe by rule the procedures for merit selection, uniform classification and pay, and covered appeals in accordance with the provisions of this chapter.
3. As of August 28, 2023, the rules of the personnel advisory board previously established by this chapter shall become rules of the commissioner of administration.
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(L. 1945 p. 1157 § 9, A.L. 1979 H.B. 673, A.L. 1995 S.B. 3, A.L. 2018 S.B. 1007, A.L. 2023 S.B. 111)
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 36 - State Personnel Law (Merit System) › Section 36.080 - Director — appointment — salary — removal.

Title IV EXECUTIVE BRANCH
Chapter 36
Effective - 28 Aug 2023, 3 histories
36.080. Director — appointment — salary — removal. —
1. The director shall be a person, appointed by the commissioner of administration, who is experienced in the principles and methods of personnel administration, who is familiar with and in sympathy with the application of merit principles or other efficient methods of public administration. The director shall be appointed for a term of four years beginning on July first following the election of a governor, which term may be renewed at its expiration at the option of the governor.
2. The personnel director shall not during his or her term of office, or for one year prior thereto:
(1) Be a member of any local, state or national committee of a political party;
(2) Be a member of any partisan political club or organization;
(3) Actively participate in any partisan political campaign; or
(4) Hold or be a candidate for any partisan public office.
3. The director may be removed by the commissioner of administration for no reason or for any reason not prohibited by law.
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(L. 1945 p. 1157 § 7, A. 1949 S.B. 1018, A.L. 1955 p. 575, A.L. 1963 p. 103, A.L. 1967 p. 116, A.L. 1971 S.B. 152, A.L. 1979 H.B. 673, A.L. 2018 S.B. 1007, A.L. 2023 S.B. 111)
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 36 - State Personnel Law (Merit System) › Section 36.090 - Duties of personnel director.

Title IV EXECUTIVE BRANCH
Chapter 36
Effective - 28 Aug 2023, 3 histories
36.090. Duties of personnel director. —
1. The director, as executive head of the personnel division, shall direct and supervise all its administrative and technical activities. In addition to the duties imposed upon the director elsewhere in this chapter, the director may develop in cooperation with appointing authorities a management training program, a recruiting program, and a system of performance appraisals, and may assist appointing authorities in the setting of productivity goals.
2. The director may:
(1) Establish and maintain a roster of all officers and employees subject to this chapter pursuant to subsection 1 of section 36.030 or pursuant to section 36.031, in which there shall be set forth, as to each employee, a record of the class title of the position held; the salary or pay; any change in class title, pay or status, and such other data as may be deemed desirable to produce significant facts pertaining to personnel administration;
(2) Appoint and fix the compensation of such experts and special assistants as may be necessary to carry out effectively the provisions of this chapter;
(3) Investigate the effects of this chapter and the rules promulgated under this chapter and report his or her findings and recommendations to the commissioner of administration and the governor;
(4) Make annual reports concerning the work of the division, problems in personnel management, and actions taken or to be taken by the division to resolve those problems;
(5) Perform any other lawful act which he or she may consider necessary or desirable to carry out the purposes and provisions of this chapter.
3. The director shall appoint a deputy or deputies. In case of the absence of the director or his or her inability from any cause to discharge the powers and duties of his or her office, such powers and duties shall devolve upon his or her deputy or deputies.
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(L. 1945 p. 1157 § 8, A.L. 1979 H.B. 673, A.L. 2018 S.B. 1007, A.L. 2023 S.B. 111)
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 36 - State Personnel Law (Merit System) › Section 36.100 - Director to prepare position classification plans.

Title IV EXECUTIVE BRANCH
Chapter 36
• Effective - 28 Aug 2023, 3 histories
36.100. Director to prepare position classification plans. —
1. The director shall ascertain the duties, authority and responsibilities of all positions subject to this chapter pursuant to subsection 1 of section 36.030, and all positions subject to this section pursuant to section 36.031. After consultation with the appointing authorities, the director shall prepare, and maintain on a continuing basis, a position classification plan, which shall group all positions subject to this chapter pursuant to subsection 1 of section 36.030, and all positions subject to this section pursuant to section 36.031 in classes, based on their duties, authority and responsibilities. Except as provided in subsection 2 of this section, the position classification plan shall set forth, for each class of positions, a class title and a statement of the duties, authority and responsibilities thereof, and the qualifications that are necessary or desirable for the satisfactory performance of the duties of the class; provided, that no plan shall be adopted which prohibits the substitution of experience for education for each class of positions, except that, the director may determine that there is no equivalent substitution in particular cases. Classifications should be sufficiently broad in scope to include as many comparable positions as possible both on an intra- and inter-departmental basis.
2. The classification plan may group positions with similar levels of responsibility or expertise into broad classification bands.
3. The director shall, in consultation with the agencies, eliminate and combine classes when possible, taking into consideration the recruitment, selection, and compensation of personnel in the various classes.
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(L. 1945 p. 1157 § 11, A.L. 1965 p. 144, A.L. 1979 H.B. 673, A.L. 1996 H.B. 1146, A.L. 2018 S.B. 1007, A.L. 2023 S.B. 111)
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 36 - State Personnel Law (Merit System) › Section 36.110 - Allocation of positions to appropriate classes, delegation of allocation authority — right of employees to be heard.

Title IV EXECUTIVE BRANCH
Chapter 36
• Effective - 28 Aug 2018, 2 histories
36.110. Allocation of positions to appropriate classes, delegation of allocation authority — right of employees to be heard. —
After consultation with appointing authorities, the director shall allocate each position subject to this chapter pursuant to subsection 1 of section 36.030 and each position subject to this section pursuant to section 36.031 to the appropriate class therein on the basis of its duties, authority and responsibilities. The director may delegate allocation authority to the appointing authorities for positions in classes in their divisions of service within standards and limits which have been developed in consultation with and agreed to by the appointing authorities. Any employee affected by the allocation of a position to a class, whether by the director or by the appointing authority, shall, after filing with the director a written statement setting forth reasons for requesting a consideration thereof, be given a reasonable opportunity to be heard thereon by the director.
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(L. 1945 p. 1157 § 12, A.L. 1996 H.B. 1146, A.L. 2018 S.B. 1007)
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 36 - State Personnel Law (Merit System) › Section 36.120 - Changes in or reallocation of positions.

Title IV EXECUTIVE BRANCH
Chapter 36
• Effective - 28 Aug 2023, 3 histories
36.120. Changes in or reallocation of positions. —
1. Before establishing a new position in divisions of the service subject to this chapter pursuant to subsection 1 of section 36.030 or any new position in a department or agency of the executive branch of state government subject to this section pursuant to section 36.031, or before making any permanent and substantial change of the duties, authority or responsibilities of any such position, an appointing authority shall notify the director in writing of the appointing authority's intention to do so, except where the positions may be allocated by the appointing authority.
2. The director may at any time allocate any new position to a class, or change the allocation of any position to a class, or make changes in the classification plan.
3. When the allocation of a position to a class is changed, the director shall notify the appointing authority. If allocation authority is delegated, the appointing authority shall notify the director of any changes in the allocation. If the position is filled at the time of reallocation to a class, the appointing authority shall immediately notify the incumbent of the position regarding the allocation change. If the incumbent does not agree with the new allocation, the incumbent may submit to the director a request for a review of the allocation of the position.
4. If any change is made in the classification plan by which a class of positions is divided, altered, or abolished, or classes are combined, the director shall forthwith reallocate the positions affected to their appropriate classes in the amended classification plan. An employee who is occupying a position reallocated to a different class shall, subject to the regulations, be given the same status in the new class as previously held in the class from which his or her position is reallocated.
5. The director is authorized to make such changes in the class title or in the statement of duties and qualifications for a new class as the director finds necessary for current maintenance of the classification plan.
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(L. 1945 p. 1157 § 13, A.L. 1979 H.B. 673, A.L. 1996 H.B. 1146, A.L. 2018 S.B. 1007, A.L. 2023 S.B. 111)
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 36 - State Personnel Law (Merit System) › Section 36.130 - Appointments subject to approval of director.

Title IV EXECUTIVE BRANCH
Chapter 36
• Effective - 28 Aug 2018, 2 histories
36.130. Appointments subject to approval of director. —
Following the adoption of the classification plan and the allocation of classes therein, the class titles set forth therein shall be used to designate such positions in all official records, vouchers, payrolls, and communications. No person shall be appointed to, or employed in, a position in divisions of the service subject to this chapter pursuant to subsection 1 of section 36.030 or a position in a department or agency of state government subject to this section pursuant to section 36.031 under a class title which has not been approved by the director as appropriate to the duties to be performed.
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(L. 1945 p. 1157 § 14, A.L. 2018 S.B. 1007)
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 36 - State Personnel Law (Merit System) › Section 36.150 - Appointments and promotions, how made — no discrimination permitted — prohibited activities — violations, cause for dismissal.

Title IV EXECUTIVE BRANCH
Chapter 36
Effective - 28 Aug 2018, 2 histories
36.150. Appointments and promotions, how made — no discrimination permitted — prohibited activities — violations, cause for dismissal. —
1. Every appointment or promotion to a position covered by this chapter pursuant to subsection 1 of section 36.030 shall be made on the basis of merit as provided in this chapter. No such selection, appointment, or promotion shall be made on the basis of unlawful discrimination proscribed under Missouri law or any applicable federal law. The regulations shall prohibit such unlawful discrimination in other phases of employment and personnel administration.
2. Political endorsements shall not be considered in connection with any such appointment.
3. No person shall use or promise to use, directly or indirectly, for any consideration whatsoever, any official authority or influence to secure or attempt to secure for any person an appointment or advantage in appointment to any such position or an increase in pay, promotion or other advantage in employment.
4. No person shall in any manner levy or solicit any financial assistance or subscription for any political party, candidate, political fund, or publication, or for any other political purpose, from any employee in a position subject to this chapter, and no such employee shall act as agent in receiving or accepting any such financial contribution, subscription, or assignment of pay. No person shall use, or threaten to use, coercive means to compel an employee to give such assistance, subscription, or support, nor in retaliation for the employee's failure to do so.
5. No such employee shall be a candidate for nomination or election to any partisan public office or nonpartisan office in conflict with that employee's duties unless such person resigns, or obtains a regularly granted leave of absence, from such person's position.
6. No person elected to partisan public office shall, while holding such office, be appointed to any position covered by this chapter.
7. Any officer or employee in a position subject to this chapter who purposefully violates any of the provisions of this section shall forfeit such office or position. If an appointing authority finds that such a violation has occurred, or is so notified by the director, this shall constitute cause for dismissal.
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(L. 1945 p. 1157 § 43, A. 1949 S.B. 1018, A.L. 1973 1st Ex. Sess. H.B. 8, A.L. 1979 H.B. 673, A.L. 1993 S.B. 31, A.L. 1998 H.B. 927, A.L. 2010 H.B. 1868, A.L. 2018 S.B. 1007)
(1994) Statute does not violate equal protection clause, Art. I, Sec. 2, Mo. Const., where state had legitimate interest in maintaining public confidence in impartial civil service by prohibiting merit employees from being candidates for any partisan political office. Asher v. Lombardi, 877 S.W.2d 628 (Mo. en banc).
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 36 - State Personnel Law (Merit System) › Section 36.152 - Definitions.

Title IV EXECUTIVE BRANCH
Chapter 36
• Effective - 28 Aug 1998
36.152. Definitions. —
For the purposes of sections 36.152 to 36.159, the following terms mean:
(1)
"Contribution"
, as defined in chapter 130;
(2)
"Employee"
, any individual holding a position subject to the provisions of this chapter in an executive agency of the state;
(3)
"Partisan political office"
, any office for which any candidate is nominated or elected as representing a party pursuant to chapter 115.
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(L. 1998 H.B. 927)
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 36 - State Personnel Law (Merit System) › Section 36.155 - Political activities by state employees permitted — prohibited activities.

Title IV EXECUTIVE BRANCH
Chapter 36
• Effective - 28 Aug 2020, 2 histories
36.155. Political activities by state employees permitted — prohibited activities. —
1. An employee may take part in the activities of political parties and political campaigns.
2. An employee may not:
(1) Use the employee's official authority or influence for the purpose of interfering with the results of an election;
(2) Knowingly solicit, accept or receive a political contribution from any person who is a subordinate employee of the employee;
(3) Run for the nomination, or as a candidate for election, to a partisan political office; or
(4) Knowingly solicit or discourage the participation in any political activity of any person who has an application for any compensation, grant, contract, ruling, license, permit or certificate pending before the employing department of such employee or is the subject of, or a participant in, an ongoing audit, investigation or enforcement action being carried out by the employing department of such employee.
3. An employee retains the right to vote as the employee chooses and to express the employee's opinion on political subjects and candidates.
4. Notwithstanding the provisions of subsection 2 of this section to the contrary, any employee that is not subject to the provisions of subsection 1 of section 36.030 or section 36.031 may run for the nomination, or as a candidate for election, to a partisan political office.
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(L. 1998 H.B. 927, A.L. 2020 S.B. 631)
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 36 - State Personnel Law (Merit System) › Section 36.157 - Prohibitions on political activities by state employees.

Title IV EXECUTIVE BRANCH
Chapter 36
• Effective - 28 Aug 1998
36.157. Prohibitions on political activities by state employees. —
An employee may not engage in political activity:
(1) While on duty;
(2) In any room or building occupied in the discharge of official duties;
(3) By utilizing any state resources or facilities;
(4) While wearing a uniform or official insignia identifying the office or position of the employee; or
(5) When using any vehicle owned or leased by the state or any agency or instrumentality of the state.
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(L. 1998 H.B. 927)