37.005. Powers and duties, generally. - Missouri Statutes

Powers and duties, generally.

37.005. 1. Except as provided herein, the office of administrationshall be continued as set forth in house bill 384, seventy-sixth generalassembly and shall be considered as a department within the meaning used inthe Omnibus State Reorganization Act of 1974. The commissioner ofadministration shall appoint directors of all major divisions within theoffice of administration.

2. The commissioner of administration shall be a member of thegovernmental emergency fund committee as ex officio comptroller and thedirector of the department of revenue shall be a member in place of thechief of the planning and construction division.

3. The office of administration is designated the "Missouri StateAgency for Surplus Property" as required by Public Law 152, eighty-firstCongress as amended, and related laws for disposal of surplus federalproperty. All the powers, duties and functions vested by sections 37.075and 37.080, and others, are transferred by type I transfer to the office ofadministration as well as all property and personnel related to the duties.The commissioner shall integrate the program of disposal of federal surplusproperty with the processes of disposal of state surplus property toprovide economical and improved service to state and local agencies ofgovernment. The governor shall fix the amount of bond required by section37.080. All employees transferred shall be covered by the provisions ofchapter 36, RSMo, and the Omnibus State Reorganization Act of 1974.

4. The commissioner of administration shall replace the director ofrevenue as a member of the board of fund commissioners and assume allduties and responsibilities assigned to the director of revenue by sections33.300 to 33.540, RSMo, relating to duties as a member of the board andmatters relating to bonds and bond coupons.

5. All the powers, duties and functions of the administrativeservices section, section 33.580*, RSMo, and others, are transferred by atype I transfer to the office of administration and the administrativeservices section is abolished.

6. The commissioner of administration shall, in addition to his orher other duties, cause to be prepared a comprehensive plan of the state'sfield operations, buildings owned or rented and the communications systemsof state agencies. Such a plan shall place priority on improvedavailability of services throughout the state, consolidation of spaceoccupancy and economy in operations.

7. The commissioner of administration shall from time to time examinethe space needs of the agencies of state government and space available andshall, with the approval of the board of public buildings, assign andreassign space in property owned, leased or otherwise controlled by thestate. Any other law to the contrary notwithstanding, upon a determinationby the commissioner that all or part of any property is in excess of theneeds of any state agency, the commissioner may lease such property to aprivate or government entity. Any revenue received from the lease of suchproperty shall be deposited into the fund or funds from which moneys forrent, operations or purchase have been appropriated. The commissionershall establish by rule the procedures for leasing excess property.

8. The commissioner of administration shall make the selection of apersonnel director from the names of the three highest ranking availableeligibles as provided in section 36.080, RSMo. The personnel advisoryboard, the personnel division and the personnel director in the office ofadministration shall retain the functions, duties and powers prescribed inchapter 36, RSMo. Members of the personnel advisory board shall benominated by the commissioner of administration and appointed by thegovernor with the advice and consent of the senate.

9. The commissioner of administration is hereby authorized tocoordinate and control the acquisition and use of electronic dataprocessing (EDP) and automatic data processing (ADP) in the executivebranch of state government. For this purpose, the office of administrationwill have authority to:

(1) Develop and implement a long-range computer facilities plan forthe use of EDP and ADP in Missouri state government. Such plan may cover,but is not limited to, operational standards, standards for theestablishment, function and management of service centers, coordination ofthe data processing education, and planning standards for applicationdevelopment and implementation;

(2) Approve all additions and deletions of EDP and ADP hardware,software, and support services, and service centers;

(3) Establish standards for the development of annual data processingapplication plans for each of the service centers. These standards shallinclude review of post-implementation audits. These annual plans shall beon file in the office of administration and shall be the basis forequipment approval requests;

(4) Review of all state EDP and ADP applications to assureconformance with the state information systems plan, and the informationsystems plans of state agencies and service centers;

(5) Establish procurement procedures for EDP and ADP hardware,software, and support service;

(6) Establish a charging system to be used by all service centerswhen performing work for any agency;

(7) Establish procedures for the receipt of service center chargesand payments for operation of the service centers. The commissioner shallmaintain a complete inventory of all state-owned or -leased EDP and ADPequipment, and annually submit a report to the general assembly which shallinclude starting and ending EDP and ADP costs for the fiscal yearpreviously ended, and the reasons for major increases or variances betweenstarting and ending costs. The commissioner shall also adopt, after publichearing, rules and regulations designed to protect the rights of privacy ofthe citizens of this state and the confidentiality of information containedin computer tapes or other storage devices to the maximum extent possibleconsistent with the efficient operation of the office of administration andcontracting state agencies.

10. Except as provided in subsection 13 of this section, the feetitle to all real property now owned or hereafter acquired by the state ofMissouri, or any department, division, commission, board or agency of stategovernment, other than real property owned or possessed by the statehighways and transportation commission, conservation commission, statedepartment of natural resources, and the University of Missouri, shall onMay 2, 1974, vest in the governor. The governor may not convey orotherwise transfer the title to such real property, unless such conveyanceor transfer is first authorized by an act of the general assembly. Theprovisions of this subsection requiring authorization of a conveyance ortransfer by an act of the general assembly shall not, however, apply to thegranting or conveyance of an easement to any rural electric cooperative asdefined in chapter 394, RSMo, municipal corporation, quasi-governmentalcorporation owning or operating a public utility, or a public utility,except railroads, as defined in chapter 386, RSMo. The governor, with theapproval of the board of public buildings, may, upon the request of anystate department, agency, board or commission not otherwise being empoweredto make its own transfer or conveyance of any land belonging to the stateof Missouri which is under the control and custody of such department,agency, board or commission, grant or convey without further legislativeaction, for such consideration as may be agreed upon, easements across,over, upon or under any such state land to any rural electric cooperative,as defined in chapter 394, RSMo, municipal corporation, orquasi-governmental corporation owning or operating a public utility, or apublic utility, except railroad, as defined in chapter 386, RSMo. Theeasement shall be for the purpose of promoting the general health, welfareand safety of the public and shall include the right of ingress or egressfor the purpose of constructing, maintaining or removing any pipeline,power line, sewer or other similar public utility installation or anyequipment or appurtenances necessary to the operation thereof, except thatrailroad as defined in chapter 386, RSMo, shall not be included in theprovisions of this subsection unless such conveyance or transfer is firstauthorized by an act of the general assembly. The easement shall be forsuch consideration as may be agreed upon by the parties and approved by theboard of public buildings. The attorney general shall approve the form ofthe instrument of conveyance. The commissioner of administration shallprepare management plans for such properties in the manner set out insubsection 7 of this section.

11. The commissioner of administration shall administer a revolving"Administrative Trust Fund" which shall be established by the statetreasurer which shall be funded annually by appropriation and which shallcontain moneys transferred or paid to the office of administration inreturn for goods and services provided by the office of administration toany governmental entity or to the public. The state treasurer shall be thecustodian of the fund, and shall approve disbursements from the fund forthe purchase of goods or services at the request of the commissioner ofadministration or the commissioner's designee. The provisions of section33.080, RSMo, notwithstanding, moneys in the fund shall not lapse, unlessand then only to the extent to which the unencumbered balance at the closeof any fiscal year exceeds one-eighth of the total amount appropriated,paid, or transferred to the fund during such fiscal year, and upon approvalof the oversight division of the joint committee on legislative research.The commissioner shall prepare an annual report of all receipts andexpenditures from the fund.

12. All the powers, duties and functions of the department ofcommunity affairs relating to statewide planning are transferred by type Itransfer to the office of administration.

13. The titles which are vested in the governor by or pursuant tothis section to real property assigned to any of the educationalinstitutions referred to in section 174.020, RSMo, on June 15, 1983, arehereby transferred to and vested in the board of regents of the respectiveeducational institutions, and the titles to real property and otherinterests therein hereafter acquired by or for the use of any sucheducational institution, notwithstanding provisions of this section, shallvest in the board of regents of the educational institution. The board ofregents may not convey or otherwise transfer the title to or other interestin such real property unless the conveyance or transfer is first authorizedby an act of the general assembly, except as provided in section 174.042,RSMo, and except that the board of regents may grant easements over, in andunder such real property without further legislative action.

**14. Notwithstanding any provision of subsection 13 of this sectionto the contrary, the board of governors of Missouri Western StateUniversity, Central Missouri State University, Missouri State University,or Missouri Southern State University; or the board of regents of SoutheastMissouri State University, Northwest Missouri State University, orHarris-Stowe State University; or the board of curators of LincolnUniversity may convey or otherwise transfer, except in fee simple, thetitle to or other interest in such real property without authorization byan act of the general assembly. The provisions of this subsection shallexpire August 28, 2011.

15. All county sports complex authorities, and any sports complexauthority located in a city not within a county, in existence on August 13,1986, and organized under the provisions of sections 64.920 to 64.950,RSMo, are assigned to the office of administration, but such authoritiesshall not be subject to the provisions of subdivision (4) of subsection 6of section 1 of the Omnibus State Reorganization Act of 1974, Appendix B,RSMo, as amended.

16. All powers, duties, and functions vested in the administrativehearing commission, sections 621.015 to 621.205, RSMo, and others, aretransferred to the office of administration by a type III transfer.

(L. 1973 1st Ex. Sess. S.B. 1 § 15, A.L. 1983 H.B. 353 § 15, A.L. 1986 S.B. 426, A.L. 1987 S.B. 320, A.L. 1991 S.B. 357, A.L. 1996 H.B. 1359, A.L. 1997 H.B. 520 merged with S.B. 340, A.L. 2006 S.B. 1122, A.L. 2008 S.B. 1140)

Effective 7-10-08

*Section 33.580 was repealed by H.B. 1521 § 1 Revision, 1984.

**Subsection 14 expires 8-28-11.