reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 37 - Office of Administration › Section 37.090 - Deposit of funds received from sale of surplus property — administration and use of funds.

Title IV EXECUTIVE BRANCH
Chapter 37
• Effective - 28 Aug 1978
37.090. Deposit of funds received from sale of surplus property — administration and use of funds. —
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.
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(L. 1978 H.B. 1550 § 1)
CROSS REFERENCE:
Missouri state surplus property clearing fund abolished subject to exemption, 33.571
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 37 - Office of Administration › Section 37.100 - Duties of office.

Title IV EXECUTIVE BRANCH
Chapter 37
Effective - 28 Aug 1965
37.100. Duties of office. —
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.
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(L. 1965 p. 141 § 3)
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 37 - Office of Administration › Section 37.110 - Information technology services division established.

Title IV EXECUTIVE BRANCH
Chapter 37
Effective - 28 Aug 2014
37.110. Information technology services division established. —
The commissioner of administration shall establish the information technology services division within the office, and this division 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.
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(L. 1965 p. 141 § 5, A.L. 2014 H.B. 1299 Revision)
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 37 - Office of Administration › Section 37.120 - Central mail handling unit.

Title IV EXECUTIVE BRANCH
Chapter 37
Effective - 28 Aug 1965
37.120. Central mail handling unit. —
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.
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(L. 1965 p. 141 § 7)
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 37 - Office of Administration › Section 37.130 - Demographic and statistical unit, duties of.

Title IV EXECUTIVE BRANCH
Chapter 37
Effective - 28 Aug 1972
37.130. Demographic and statistical unit, duties of. —
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.
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(L. 1972 H.B. 1148)
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 37 - Office of Administration › Section 37.135 - Federal census on precinct-to-precinct basis, when, cost.

Title IV EXECUTIVE BRANCH
Chapter 37
Effective - 28 Aug 1983
37.135. Federal census on precinct-to-precinct basis, when, cost. —
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.
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(L. 1983 S.B. 234)
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 37 - Office of Administration › Section 37.350 - Copying machines or printing equipment, purchase, lease or rental, approval by commissioner required, exception.

Title IV EXECUTIVE BRANCH
Chapter 37
Effective - 28 Aug 1995
37.350. Copying machines or printing equipment, purchase, lease or rental, approval by commissioner required, exception. —
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.
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(L. 1983 H.B. 96, et al., A.L. 1995 H.B. 562)
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 37 - Office of Administration › Section 37.410 - Fund created, purpose, payments authorized, when.

Title IV EXECUTIVE BRANCH
Chapter 37
• Effective - 09 Jun 2003, see footnote
37.410. Fund created, purpose, payments authorized, when. —
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 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.
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(L. 2003 S.B. 243)
Effective 6-09-03
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 37 - Office of Administration › Section 37.413 - Moneys appropriated from fund deemed to satisfy state's property insurance requirements for state buildings.

Title IV EXECUTIVE BRANCH
Chapter 37
• Effective - 09 Jun 2003, see footnote
37.413. Moneys appropriated from fund deemed to satisfy state's property insurance requirements for state buildings. —
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.
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(L. 2003 S.B. 243)
Effective 6-09-03
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 37 - Office of Administration › Section 37.452 - Sale of surplus vehicles, proceeds to go to owning state agency, exceptions — moneys to be used for purchase of vehicles only.

Title IV EXECUTIVE BRANCH
Chapter 37
• Effective - 11 Jul 2002, see footnote
37.452. Sale of surplus vehicles, proceeds to go to owning state agency, exceptions — moneys to be used for purchase of vehicles only. —
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.
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(L. 2002 H.B. 1270 and H.B. 2032)
Effective 7-11-02
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 37 - Office of Administration › Section 37.455 - Ethanol-blended fuel, requirements for state vehicle fleet.

Title IV EXECUTIVE BRANCH
Chapter 37
Effective - 01 Jan 2008, see footnote
37.455. Ethanol-blended fuel, requirements for state vehicle fleet. —
The commissioner of administration shall ensure that no less than seventy percent of new purchases for the state vehicle fleet are flexible fuel vehicles that can operate on fuel blended with eighty-five percent ethanol.
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(L. 2007 S.B. 54 § 1)
Effective 1-01-08
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 37 - Office of Administration › Section 37.503 - National accreditation recognized as equivalent to state licensure.

Title IV EXECUTIVE BRANCH
Chapter 37
Effective - 28 Aug 1994
37.503. National accreditation recognized as equivalent to state licensure. —
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.
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(L. 1994 H.B. 1547 & 961 § 9)
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 37 - Office of Administration › Section 37.650 - Office of taxpayer advocate established — appointment, term, duties — annual report.

Title IV EXECUTIVE BRANCH
Chapter 37
Effective - 28 Aug 2015
37.650. Office of taxpayer advocate established — appointment, term, duties — annual report. —
1. There is hereby established within the department of revenue the "Office of Taxpayer Advocate", for the purpose of providing independent assistance to taxpayers.
2. The office shall be administered by the taxpayer advocate, who shall be appointed by the governor with the advice and consent of the senate. The taxpayer 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 revenue in the performance of his or her duties. The department of revenue shall provide administrative support and staff as deemed necessary.
3. The office shall have the authority:
(1) To communicate with any taxpayer regarding any tax issues that the taxpayer is experiencing;
(2) To communicate with any employees of the department of revenue regarding a taxpayer's tax issues; and
(3) To have access to any records held by any department or agency regarding a taxpayer's tax issues.
4. For any information obtained from a state agency or entity under this section, the office of taxpayer 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 taxpayer advocate. For information obtained directly by the office of taxpayer advocate under this section, the office of taxpayer advocate shall be subject to the same disclosure restrictions and confidentiality requirements that apply to the department of revenue.
5. The office shall annually submit to the governor and the general assembly a detailed report on the work of the office of the taxpayer advocate. Such report shall include, but not be limited to, the number of taxpayer cases handled by the office and the disposition of such cases. The report shall also include any recommendation for changes in tax laws or the operation of the department of revenue. The report filed by the office shall not be subject to review by any executive branch official.
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(L. 2015 H.B. 384)
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 37 - Office of Administration › Section 37.700 - Definitions.

Title IV EXECUTIVE BRANCH
Chapter 37
• Effective - 28 Aug 2004
37.700. Definitions. —
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.
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(L. 2004 H.B. 1453)
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 37 - Office of Administration › Section 37.705 - Office established — appointment of child advocate.

Title IV EXECUTIVE BRANCH
Chapter 37
• Effective - 28 Aug 2004
37.705. Office established — appointment of child advocate. —
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.
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(L. 2004 H.B. 1453)
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 37 - Office of Administration › Section 37.715 - Complaint procedures — annual report, contents.

Title IV EXECUTIVE BRANCH
Chapter 37
• Effective - 28 Aug 2004
37.715. Complaint procedures — annual report, contents. —
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.
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(L. 2004 H.B. 1453)
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 37 - Office of Administration › Section 37.719 - Independent review, when, procedures — recommendations, findings submitted.

Title IV EXECUTIVE BRANCH
Chapter 37
• Effective - 28 Aug 2015
37.719. Independent review, when, procedures — recommendations, findings submitted. —
1. The office shall have the authority to and may conduct an independent review of any entity within a county that has experienced three or more review requests in a calendar year including, but not limited to, children's division, the juvenile office, or guardian ad litem. The office shall establish and implement procedures for reviewing any such entity.
2. The office shall have the authority to make the necessary inquiries and review relevant information and records as the office deems necessary in order to conduct such reviews.
3. The office may make recommendations on changes to any entity's policies and procedures based on the results of the review in order to improve the delivery of services or the function of the entity. Upon completing a review under the provisions of this section, the office shall submit any findings and recommendations to the children's division and the office of state courts administrator.
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(L. 2015 S.B. 341)
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 37 - Office of Administration › Section 37.725 - Files may be disclosed at discretion of child advocate, exceptions — privileged information — penalty for disclosure of confidential material.

Title IV EXECUTIVE BRANCH
Chapter 37
• Effective - 28 Aug 2023, 2 histories
37.725. Files may be disclosed at discretion of child advocate, exceptions — privileged information — penalty for disclosure of confidential material. —
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;
(2) Such disclosure is required by court order;
(3) The disclosure is at the request of law enforcement as part of an investigation; or
(4) The child advocate determines that disclosure to law enforcement is necessary to ensure immediate child safety.
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.
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(L. 2004 H.B. 1453, A.L. 2023 S.B. 28 merged with S.B. 45 & 90 merged with S.B. 106 merged with S.B. 186)
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 37 - Office of Administration › Section 37.730 - Immunity from liability, when.

Title IV EXECUTIVE BRANCH
Chapter 37
• Effective - 28 Aug 2004
37.730. Immunity from liability, when. —
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.
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.
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(L. 2004 H.B. 1453)
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 37 - Office of Administration › Section 37.740 - Duties of the council.

Title IV EXECUTIVE BRANCH
Chapter 37
• Effective - 28 Aug 2011
37.740. Duties of the council. —
The governor's council on disability shall:
(1) Act in an advisory capacity to all state agencies and have direct input to all divisions of the office of administration on policies and practices which impact people with disabilities. Input shall include policies and practices affecting personnel, purchasing, design and construction of new facilities, facilities management, budget and planning and general services. In the administration of its duties, the governor's council on disability in cooperation with the office of administration shall offer technical assistance to help all departments, divisions and branches of state government comply with applicable state and federal law regarding persons with disabilities;
(2) Work and cooperate with other state commissions, councils or committees pertaining to disabilities and other national, state and local entities to create public policies and encourage system changes which eliminate barriers to people with disabilities;
(3) Advocate for public policies and practices which:
(a) Promote employment of people with disabilities;
(b) Expand opportunities in all aspects of life; and
(c) Promote awareness of and compliance with various federal, state and local laws dealing with disabilities;
(4) Gather input from disability-related organizations and the public on disability-related issues and report the results of this information in council reports to the governor;
(5) Accept grants, private gifts, and bequests, to be used to achieve the purposes of sections 37.735 to 37.745;
(6) Promulgate those bylaws necessary for the efficient operation of the council;
(7) Prepare an annual report to be presented to the governor not later than January first of each year.
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(L. 2011 H.B. 464)
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 37 - Office of Administration › Section 37.745 - Funding sources.

Title IV EXECUTIVE BRANCH
Chapter 37
• Effective - 28 Aug 2011
37.745. Funding sources. —
The governor's council on disability may receive funds and property by gift, devise, bequest or otherwise and may solicit funds to be used in carrying out the purposes of sections 37.735 to 37.745.
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(L. 2011 H.B. 464)
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 37 - Office of Administration › Section 37.800 - Automated telephone answering systems, caller to be given option of speaking to a live operator, when.

Title IV EXECUTIVE BRANCH
Chapter 37
Effective - 28 Aug 2007
37.800. Automated telephone answering systems, caller to be given option of speaking to a live operator, when. —
1. This section shall be known and may be cited as the "The Human Voice Contact Act".
2. A state agency that uses automated telephone answering equipment to answer incoming telephone calls shall, during normal business hours of the agency, provide the caller with the option of speaking to a live operator. This section shall not apply to field offices, telephone lines dedicated as hotlines for emergency services, telephone lines dedicated to providing general information, and any system that is designed to permit an individual to conduct a complete transaction with the state agency over the telephone solely by pressing one or more touch-tone telephone keys in response to automated prompts. As used in this section,
"state agency"
refers to each board, commission, department, officer or other administrative office or unit of the state other than the general assembly, the courts, the governor, or a political subdivision of the state, existing under the constitution or statute.
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(L. 2007 S.B. 308)
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 37 - Office of Administration › Section 37.900 - Statewide elected officials may request determination of lowest and best bidder, procedure.

Title IV EXECUTIVE BRANCH
Chapter 37
Effective - 28 Aug 2010
37.900. Statewide elected officials may request determination of lowest and best bidder, procedure. —
1. Any statewide elected official may request the office of administration to determine the lowest and best bidder with respect to any contract for purchasing, printing, or services for which the official has the authority to contract.
2. The official shall submit the original request for proposal and any pertinent information explaining the evaluation criteria established in the request and any additional information the official deems necessary.
3. The office of administration shall not be required to inquire of or negotiate with any offeror submitting a bid and shall only be required to reply to the elected official within forty-five days after the submission of the request by naming the offeror the office of administration determines to be the lowest and best bidder based on all submitted documents.
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(L. 2010 H.B. 1868 merged with S.B. 844)
(2012) This section and section 34.048 relating to procurement severed from the remainder of Senate Bill 844 and remain valid. The remainder of Senate Bill 844 declared unconstitutional as a violation of the original purpose requirement of Art. III, Sec. 21, Constitution of Missouri. Legends Bank v. State, 361 S.W.3d 383 (Mo. banc).
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 37 - Office of Administration › Section 37.920 - Trust fund created for information technology expenses, use of moneys.

Title IV EXECUTIVE BRANCH
Chapter 37
Effective - 28 Aug 2012
37.920. Trust fund created for information technology expenses, use of moneys. —
1. There is hereby created in the state treasury the "Missouri Revolving Information Technology Trust Fund" which shall contain moneys transferred or paid to the office of administration by any state agency in return for information technology expenses which may be incurred to ensure the proper use and operation of any information technology equipment, software, or systems.
2. The state treasurer shall be custodian of the fund and may approve disbursement from the fund in accordance with sections 30.170 and 30.180. Notwithstanding the provisions of section 33.080 to the contrary, any moneys remaining in the fund at the end of the biennium shall not revert to the credit of the general revenue fund. The state treasurer shall invest moneys in the fund in the same manner as other funds are invested. Any interest and moneys earned on such investments shall be credited to the fund.
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(L. 2012 H.B. 1094)
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 37 - Office of Administration › Section 37.1090 - Definitions.

Title IV EXECUTIVE BRANCH
Chapter 37
• Effective - 28 Aug 2021
37.1090. Definitions. —
As used in sections 37.1090 to 37.1098, the following terms mean:
(1)
"Expenditure"
, any monetary payment from a municipality or county to any vendor including, but not limited to, a payment, distribution, loan, advance, reimbursement, deposit, or gift;
(2)
"Municipality"
, a city, town, or village that is incorporated in accordance with the laws of this state;
(3)
"State entity"
, the general assembly; the supreme court of Missouri; the office of an elected state official; or an agency, board, commission, department, institution, instrumentality, office, or other governmental entity of this state, excluding municipalities, counties, institutions of higher education, and any public employee retirement system;
(4)
"Vendor"
, any person, partnership, corporation, association, organization, state entity, or other party that:
(a) Sells, leases, or otherwise provides equipment, materials, goods, supplies, or services to a municipality or county; or
(b) Receives reimbursement from a municipality or county for any expense.
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(L. 2021 H.B. 271)
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 37 - Office of Administration › Section 37.1091 - Database created, availability on accountability portal and department website.

Title IV EXECUTIVE BRANCH
Chapter 37
• Effective - 28 Aug 2021
37.1091. Database created, availability on accountability portal and department website. —
The "Missouri Local Government Expenditure Database" is hereby created and shall be maintained on the Missouri accountability portal, established under section 37.850, by the office of administration. The database shall be available on the office of administration website and shall include information about expenditures made during each fiscal year that begins after December 31, 2022. The database shall be publicly accessible without charge.
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(L. 2021 H.B. 271)
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 37 - Office of Administration › Section 37.1092 - Contents of database.

Title IV EXECUTIVE BRANCH
Chapter 37
• Effective - 28 Aug 2021
37.1092. Contents of database. —
For each expenditure, the Missouri local government expenditure database shall include the following information:
(1) The amount of the expenditure;
(2) The date the expenditure was paid;
(3) The vendor to whom the expenditure was paid, unless the disclosure of the vendor's name would violate a confidentiality requirement, in which case the vendor may be listed as confidential;
(4) The purpose of the expenditure; and
(5) The municipality or county that made the expenditure or requested the expenditure be made.
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(L. 2021 H.B. 271)
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 37 - Office of Administration › Section 37.1093 - Record of expenditures — downloadable information.

Title IV EXECUTIVE BRANCH
Chapter 37
• Effective - 28 Aug 2021
37.1093. Record of expenditures — downloadable information. —
The Missouri local government expenditure database shall provide:
(1) A record of all expenditures; and
(2) The ability to download information.
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(L. 2021 H.B. 271)
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 37 - Office of Administration › Section 37.1094 - Local governments may participate in database, procedure — electronic transmission of data — financial reimbursement, when.

Title IV EXECUTIVE BRANCH
Chapter 37
• Effective - 28 Aug 2021
37.1094. Local governments may participate in database, procedure — electronic transmission of data — financial reimbursement, when. —
1. A municipality or county may choose to voluntarily participate in the Missouri local government expenditure database, or, if a requisite number of residents of a municipality or county request the municipality or county to participate, such jurisdiction shall participate in the Missouri local government expenditure database. The requisite number of residents requesting participation shall be five percent of the registered voters of such jurisdiction voting in the last general municipal election, as described under section 115.121, but in no case shall the requisite number be fewer than fifty residents. Residents may request participation by submitting a written letter by certified mail to the governing body of the municipality or county and the office of administration. Multiple residents may sign one letter, but the number of requests from residents shall include all requests from all letters received. Upon receiving such a letter, the municipality or county shall acknowledge receipt thereof to the resident and the office of administration within thirty days. After receiving the requisite number of requests, the municipality or county shall begin participating in the database but shall not be required to report expenditures incurred before one complete six-month reporting period described under subsection 2 of this section has elapsed.
2. Each municipality or county participating in the database shall provide electronically transmitted information to the office of administration, in a format the office requires, for inclusion in the Missouri local government expenditure database regarding each of the municipality's or county's expenditures biannually. Information regarding the first half of the calendar year shall be submitted before July thirty-first of such year. Information regarding the second half of the calendar year shall be submitted before January thirty-first of the year immediately following such year.
3. Notwithstanding subsection 1 of this section, no submission shall be required for any expenditures incurred before January 1, 2023.
4. The office of administration shall provide each municipality and county participating in the database with a template, in the format described under section 37.1092, for the purpose of uploading the data. The office of administration shall have the authority to grant the municipality or county access for the purpose of uploading data.
5. Upon appropriation, the office of administration shall provide financial reimbursement to any participating municipality or county for actual expenditures incurred for participating in the database.
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(L. 2021 H.B. 271)
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 37 - Office of Administration › Section 37.1095 - Public comment.

Title IV EXECUTIVE BRANCH
Chapter 37
• Effective - 28 Aug 2021
37.1095. Public comment. —
No later than one year after the Missouri local government expenditure database is implemented, the office of administration shall provide, on the office of administration website, an opportunity for public comment on the utility of the database.
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(L. 2021 H.B. 271)
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 37 - Office of Administration › Section 37.1096 - Confidential information not to be included in database — state immunity from liability, when.

Title IV EXECUTIVE BRANCH
Chapter 37
• Effective - 28 Aug 2021
37.1096. Confidential information not to be included in database — state immunity from liability, when. —
The Missouri local government expenditure database shall not include any confidential information or any information that is not a public record under the laws of this state. However, the state shall not be liable for the disclosure of a record in the Missouri local government expenditure database that is confidential information or is not a public record under the laws of this state.
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(L. 2021 H.B. 271)
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 37 - Office of Administration › Section 37.1097 - Database internet link on local government websites.

Title IV EXECUTIVE BRANCH
Chapter 37
• Effective - 28 Aug 2021
37.1097. Database internet link on local government websites. —
Each municipality or county that has a website shall display on its website a prominent internet link to the Missouri local government expenditure database.
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(L. 2021 H.B. 271)
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 37 - Office of Administration › Section 37.1098 - Rulemaking authority.

Title IV EXECUTIVE BRANCH
Chapter 37
• Effective - 28 Aug 2021
37.1098. Rulemaking authority. —
The office of administration may adopt rules to implement the provisions of sections 37.1090 to 37.1098. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2021, shall be invalid and void.
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(L. 2021 H.B. 271)
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 40 - Military Justice › Section 40.007 - Discharge obtained by fraud — desertion — separation from service while proceedings are pending, jurisdiction of court.

Title V MILITARY AFFAIRS AND POLICE
Chapter 40
• Effective - 28 Aug 1984
40.007. Discharge obtained by fraud — desertion — separation from service while proceedings are pending, jurisdiction of court. —
1. Each person subject to sections 40.005 to 40.490 discharged from the state military forces who is later charged with having fraudulently obtained a discharge shall be subject to section 40.141, shall be subject to trial by court-martial on that charge and shall, after apprehension, be subject to sections 40.005 to 40.490 while in the custody of the military for that trial. Upon conviction of that charge such person is subject to trial by court-martial for all offenses under sections 40.005 to 40.490 committed before the fraudulent discharge.
2. No person who has deserted from the state military forces may be relieved from amenability to the jurisdiction of sections 40.005 to 40.490 by virtue of a separation from any subsequent period of service.
3. The fact that any person charged with an offense under sections 40.005 to 40.490 is separated from the service while proceedings are pending or while undergoing sentence shall not affect the jurisdiction of any court-martial.
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(L. 1984 H.B. 1035 § 3)
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 40 - Military Justice › Section 40.010 - Dismissal of commissioned officer, by governor — right to trial, procedure — discharge substituted for dismissal, when — reappointment — no right to trial, when.

Title V MILITARY AFFAIRS AND POLICE
Chapter 40
• Effective - 28 Aug 1984
40.010. Dismissal of commissioned officer, by governor — right to trial, procedure — discharge substituted for dismissal, when — reappointment — no right to trial, when. —
1. Any commissioned officer subject to sections 40.005 to 40.490, dismissed by order of the governor, may make a written application for trial by court-martial setting forth, under oath, that he has been wrongfully dismissed. In such event, the governor, as soon as practicable, shall convene a general court-martial to try such officer on the charges on which he was dismissed. A court-martial so convened shall have jurisdiction to try the dismissed officer on such charge, and he shall be considered to have waived the right to plead any statute of limitations applicable to any offense with which he is charged. The court-martial may, as part of its sentence, adjudge the affirmance of the dismissal, but if the court-martial acquits the accused or if the sentence adjudged, as finally approved or affirmed, does not include dismissal, the adjutant general shall substitute for the dismissal ordered by the governor a form of discharge authorized for administrative issue.
2. If the governor fails to convene a general court-martial within six months from the presentation of an application for trial under this section, the adjutant general shall substitute for the dismissal ordered by the governor a form of discharge authorized for administrative issue.
3. If a discharge is substituted for a dismissal under sections 40.005 to 40.490, the governor alone may reappoint the officer to the grade and rank as that former officer would have attained had the officer not been dismissed. The reappointment of such a former officer may be made only if a vacancy is available under applicable tables of organization. All the time between the dismissal and the reappointment shall be considered as actual service for all state purposes.
4. If an officer is discharged from the state military forces by administrative action or by board proceedings under law or is dropped from the rolls by order of the governor, the officer has no right to trial under this section.
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(L. 1984 H.B. 1035 § 4)
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 40 - Military Justice › Section 40.015 - Jurisdiction of military courts.

Title V MILITARY AFFAIRS AND POLICE
Chapter 40
• Effective - 28 Aug 1984
40.015. Jurisdiction of military courts. —
1. Sections 40.005 to 40.490 apply throughout this state. Such sections also apply to all persons otherwise subject to sections 40.005 to 40.490 while they are serving outside the state, and while they are going to and returning from such service outside the state, in the same manner and to the same extent as if they were serving inside the state.
2. Courts-martial and courts of inquiry may be convened and held in units of the state military forces while those units are serving outside the state with the same jurisdiction and powers as to persons subject to sections 40.005 to 40.490 as if the proceedings were held inside the state, and offenses committed outside the state may be tried and punished either inside or outside the state.
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(L. 1984 H.B. 1035 § 5)
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 40 - Military Justice › Section 40.017 - State judge advocate, appointment, qualifications — assistant judge advocates, appointment, qualifications, restrictions.

Title V MILITARY AFFAIRS AND POLICE
Chapter 40
• Effective - 28 Aug 1984
40.017. State judge advocate, appointment, qualifications — assistant judge advocates, appointment, qualifications, restrictions. —
1. The adjutant general shall appoint a judge advocate officer of the state military forces as state judge advocate. To be eligible for appointment, such officer shall have been a member of the Missouri Bar for at least five years, and shall have satisfactorily completed all educational requirements for active military service as a field grade judge advocate general corps officer or Air National Guard equivalent.
2. The adjutant general may appoint as many assistant state judge advocates as he considers necessary. To be eligible for appointment, assistant state judge advocates must be officers of the state military forces and members of the Missouri Bar.
3. The state judge advocate or his assistants shall make inspections in the field in supervision of the administration of military justice.
4. Convening authorities shall at all times communicate directly with their staff judge advocates or legal officer in matters relating to the administration of military justice; and the staff judge advocate or legal officer of any command is entitled to communicate directly with the staff judge advocate or legal officer of a superior or subordinate command, or with the state judge advocate.
5. No person who has acted as member, military judge, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel, or investigating officer, or who has been a witness for either the prosecution or defense, in any case may later act as staff judge advocate or legal officer to any reviewing authority upon the same case.
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(L. 1984 H.B. 1035 § 6)
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 40 - Military Justice › Section 40.020 - Apprehension defined — authority to apprehend, when.

Title V MILITARY AFFAIRS AND POLICE
Chapter 40
• Effective - 28 Aug 1984
40.020. Apprehension defined — authority to apprehend, when. —
1.
"Apprehension"
is the taking of a person subject to sections 40.005 to 40.490 into custody.
2. Any person authorized by sections 40.005 to 40.490 or by regulations issued under those sections, to apprehend persons subject to sections 40.005 to 40.490, any marshal of a court-martial appointed pursuant to the provisions of sections 40.005 to 40.490, and any peace officer authorized to do so by law, may do so upon reasonable belief that an offense under sections 40.005 to 40.490 has been committed and that the person apprehended committed it.
3. Commissioned officers, warrant officers, and noncommissioned officers have authority to quell quarrels, frays, and disorders among persons subject to sections 40.005 to 40.490 and to apprehend persons subject to sections 40.005 to 40.490 who take part therein.
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(L. 1984 H.B. 1035 § 7)
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 40 - Military Justice › Section 40.023 - Absent without leave, authority to apprehend — offender outside state, procedure.

Title V MILITARY AFFAIRS AND POLICE
Chapter 40
• Effective - 28 Aug 1984
40.023. Absent without leave, authority to apprehend — offender outside state, procedure. —
Any civil officer having authority to apprehend offenders under the laws of the United States or of a state, territory, commonwealth, or possession, or the District of Columbia, or any military officer subject to sections 40.005 to 40.490 who has been authorized by the governor by regulation may summarily apprehend any person subject to sections 40.005 to 40.490 who is absent without leave from the state military forces and deliver him into the custody of the state military forces. If an offender is apprehended outside the state, his return to the area must be in accordance with normal extradition procedures or reciprocal agreement.
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(L. 1984 H.B. 1035 § 8)