Current through Register Vol. 49, No. 18, September 16, 2024
(1) The Office of Secretary of State has many
diverse responsibilities. The office collects, compiles, stores, and publishes
a variety of state documents. The secretary of state is the chief elections
official. The secretary of state oversees several areas relating to state
commerce, such as administration of the Uniform Commercial Code and
registration of corporations and securities. In addition, the secretary of
state is the keeper of the Great Seal of the State of Missouri and
authenticates official acts of the governor. Except where otherwise noted, the
general mailing address is: 600 West Main Street, PO Box 1767, Jefferson City,
MO 65102. Functions of the office are divided into seven (7) divisions:
Elections, Securities, Business Services, Library Services, Records Services,
Administrative Rules, and Administrative Services. The executive deputy
secretary of state is second-in-command and is charged by law with implementing
the policies and procedures of the secretary of state and supervising the
day-to-day operations of certain phases of the office. The executive deputy
secretary of state shall possess all the powers and perform any of the duties
prescribed by law to be performed by the secretary of state when and for such
period of time as the secretary of state may designate. The divisions of the
office are as follows:
(A) into seven (7)
divisions: Elections, Securities, Business Services, Library Services, Records
Services, Administrative Rules, and Administrative Services. The executive
deputy secretary of state is second-in-command and is charged by law with
implementing the policies and procedures of the secretary of state and
supervising the day-to-day operations of certain phases of the office. The
executive deputy secretary of state shall possess all the powers and perform
any of the duties prescribed by law to be performed by the secretary of state
when and for such period of time as the secretary of state may designate. The
divisions of the office are as follows:
1. The
State Library Development section produces informative publications, brochures,
newsletters, and other publications for the Missouri library community,
coordinates all activities of the Missouri Center for the Book, works with
statewide and local literacy organizations, and consults with libraries on the
development of literacy programs. It administers federal and state grants and
the privately funded grants or projects. Other programs include library
automation and technology; library administration and management; state and
community partnerships; youth and senior services; and the State Census Data
Center. Information may be obtained from this section in person on the second
floor of the James C. Kirkpatrick State Information Center, by written request
to PO Box 387, Jefferson City, MO 65102, by email at mostlib@sos.mo.gov, by fax
at (573) 751-3612 or by telephone at (573) 522-4036 or (800) 325-
0131.
2. The State Library
Reference Services section provides library and information services, reference
services, and research to government officials, agencies, and employees. It
also administers the federal and state documents programs. Information may be
obtained from this section in person on the second floor of the James C.
Kirkpatrick State Information Center, by written request to PO Box 387,
Jefferson City, MO 65102, by email at libref@sos.mo.gov, by fax at (573)
751-3612 or by telephone at (573) 751-3615.
3. Wolfner Library provides public library
services and administers library materials, equipment, and information services
to persons unable to use standard print. Information may be obtained from this
section in person on the second floor of the James C. Kirkpatrick State
Information Center, by written request to PO Box 387, Jefferson City, MO 65102,
by email at wolfner@sos.mo.gov, by fax at (573) 751-3612 or by telephone at
(573) 751-8720 or instate toll free (800) 392-2614;
(B) Records Services. The Records Services
Division fulfills the constitutional duty of the secretary of state for the
management and safekeeping of state records. Under the state and local records
law, the secretary of state administers the section providing for the efficient
and economical application of management methods to the creation, utilization,
maintenance, retention, preservation, and disposal of official records.
1. The State Archives is the officially
designated repository for all state records of permanent value. Its mission is
to identify, collect, preserve, and make available to elected officials, state
government, historians, students, genealogists, and the general public, the
permanent and historically valuable records of Missouri's state and local
governments. The Missouri Historical Records Advisory Board (MHRAB) is the
central advisory body for historical records planning and for projects relating
to historic records, developed and carried out within the state. The MHRAB
provides state-level appraisal of grant proposals submitted to the National
Historical Publications and Records Commission by Missouri repositories and
serves as the review and award panel for grant applications submitted to the
Missouri Historical Records Grant Program and the Local Records Preservation
Program. Information about these services may be obtained from the State
Archives in person in Room 119, James C. Kirkpatrick State Information Center,
by written request to PO Box 1747, Jefferson City, MO 65102, by telephone at
(573) 751-3280, by fax at (573) 526-5327, or by email at
archref@sos.mo.gov.
2. Local
Records provides assistance to units of local government by advising and
educating the local records custodians in the use of sound records management
and archival practices. The program's conservation laboratory provides
treatment and advisory services on all aspects of records care, preservation,
and disaster recovery. The Local Records Grant Program offers local
governments, or political subdivisions with taxing authority, grant funding for
approved records management or preservation projects. Information on these
services may be obtained from the Local Records in person in Room 112, James C.
Kirkpatrick State Information Center, by written request to PO Box 1747,
Jefferson City, MO 6512, by telephone at (573) 751-9047, by fax at (573)
526-5327, or by email at local.records@sos.mo.gov.
3. Records Management assists state agencies
in the development of their records management programs. Such programs include
a planned and coordinated set of policies, procedures, and activities needed to
ensure the efficient and effective management of an agency's records regardless
of the media on which the information is recorded (i.e., electronic, paper,
microfilm, etc.). The State Records Commission determines the retention and
disposition of state agency records based on administrative, legal, fiscal, or
historical values. Records Management provides a host of services to agencies,
including consultation and technical advice, microfilm processing, duplicating
and quality control, and off-site storage of documents. Information on these
services may be obtained in person in Rooms 103, 192, 278, James C. Kirkpatrick
State Information Center, by written request to PO Box 1747, Jefferson City, MO
65102, by telephone at (573) 751-3319, by fax at (573) 526-5327, or by email at
recman@sos.mo.gov;
(C)
Securities. The Securities Division administers the Missouri Uniform Securities
Act through an appointed commissioner of securities. The commissioner also
oversees the enforcement and licensing responsibilities of this division.
Information may be obtained from this division in person in Room 229, James C.
Kirkpatrick State Information Center, by written request to PO Box 1276,
Jefferson City, MO 65102, by email at securities@sos.mo.gov, by fax at (573)
526-3124, or by telephone at (573) 751-4136 for securities questions, by
telephone at (573) 751-4136 for registration of securities or (573) 751-2302
for registration of broker-dealers, agents, and investment advisers or (573)
751-4704 for enforcement, exemptions, exceptions, and exclusions, or by email
at securities@sos.mo.gov.
1. The Enforcement
section of the Securities Division conducts enforcement activities, including
responses to suspected violations or complaints. In the case of suspected
violations, the Enforcement section may conduct investigations. The Enforcement
section may seek administrative sanctions from the commissioner prohibiting or
conditioning the further sale of securities; denying, suspending, or revoking
the registration of broker dealers, agents, investment advisers, and investment
adviser representatives; or censuring any registrant. The commissioner may seek
an injunction, writ of mandamus, the appointment of a receiver or conservator,
and other equitable relief in a circuit court. The commissioner may refer cases
for criminal prosecution to prosecuting attorneys and the attorney general, and
the commissioner or the Enforcement section may assist in those prosecutions.
The Enforcement section may coordinate with the enforcement efforts of the
attorney general, prosecuting attorneys, and any state or federal law
enforcement agencies.
2. The
Registration section reviews applications for securities registrations, notice
filings for state exemptions and federal covered securities, and applications
for broker-dealers, agents, investment advisers, and investment adviser
representatives and may recommend action on any such application to the
commissioner. It also makes recommendations to the commissioner for
determinations of whether a specific security or certain transactions would be
exempt from registration. The Registration section may also refer matters to
the Enforcement section. The Registration section, upon proper request from any
person, shall propose interpretive opinions for issuance by the
commissioner;
(D)
Business Services. The Business Services Division is composed of four (4)
sections; Corporations, Commissions, Uniform Commercial Code, and Safe at Home.
The director for business services is responsible for overseeing the day-to-day
functions of each section, and for the direct supervision of the management
staff of each section. The Business Services Division also oversees branch
offices in St. Louis, Kansas City, and Springfield.
1. The Corporations section administers the
laws and filings of business entities organized under the laws of Missouri and
business organizations from other jurisdictions having certificates of
authority to do business in the state of Missouri. Corporations are required to
file articles of incorporation and amended articles, instruments affecting
mergers or consolidations, and articles of dissolution and termination. Each
corporation must file an annual registration report and pay annual registration
fees to remain in good standing. This section processes dissolutions,
terminations, and forfeitures. The section administers all registration of
fictitious names and provides certified copies of documents relating to the
organization of business entities. In addition to these basic functions, this
section handles daily communications from attorneys and individuals requesting
information contained in the respective entity files. This section is to
furnish and regulate the availability of entity names so that those names are
protected and distinguishable from one another. This section processes
trademark and service mark registrations, furnishes certificates of
registration, and maintains a register of the marks. Service of process is
received, processed, and forwarded from this section.
A. Information may be obtained from this
section in person in Room 322 of the James C. Kirkpatrick State Information
Center, by written request to PO Box 778, Jefferson City, MO 65102, by
telephone at (866) 223-6535 or (573) 751-4153, by fax at (573) 751-5841, or by
email at corporations@sos.mo.gov.
B. From the St. Louis office in person at 815
Old Post Office and Customs House, Olive Street, Suite 150, St. Louis,
Missouri, 63101, or by telephone at (314) 340-7490, or by fax at (314)
340-7500.
C. From the Kansas City
office in person at the Fletcher Daniels State Office Building, Room 513,
Kansas City, Missouri, 64106, or by telephone at (816) 889-2925, or by fax at
(816) 889-2879.
D. From the
Springfield office in person at the Landers State Office Building, 149 Park
Central Sq., Room 624, Springfield, Missouri, 65806, by telephone at (417)
895-6330, or by fax at (417) 895-6537.
2. The Commissions section performs the
constitutional duties of the secretary of state relating to affixing the Great
Seal of the State of Missouri and authenticating all official acts of the
governor, except the approval of laws. The section maintains a record of the
governor's proclamations, executive orders, commissions and appointments,
extraditions, domestic requisitions, commutations, and restorations of
citizenship and also prepares certificates of appointments and commissions.
Commissions staff of the secretary of state's office sign and seal requests for
extradition, domestic requisitions, commutations, and restoration of
citizenship. This section processes certifications and authentications
confirming the authority of a public official, such as a notary public,
recorder of deeds, or county clerk to act in a particular capacity in
connection with a document that he or she has signed. Commissions also
receives, reviews, and maintains all notary public applications, oaths, bonds,
and commissions.
A. Information may be
obtained from this section in person in Room 322 of the James C. Kirkpatrick
State Information Center, by written request to PO Box 784, Jefferson City, MO
65102, by telephone at (866) 223-6535 or (573) 751-2783, by fax at (573)
751-8199, or by email at commissions@sos.mo.gov.
B. From the St. Louis office in person at 815
Old Post Office and Customs House, Olive Street, Suite 150, St. Louis,
Missouri, 63101, by telephone at (314) 340-7490, or by fax at (314)
340-7500.
C. From the Kansas City
office at the Fletcher Daniels State Office Building, Room 513, Kansas City,
Missouri, 64106, by telephone at (816) 889-2925, or by fax at (816)
889-2879.
D. From the Springfield
office at the Landers State Office Building, 149 Park Central Sq., Room 624,
Springfield, Missouri, 65806, by telephone at (417) 895-6330, or by fax at
(417) 895-6537.
3. The
Uniform Commercial Code (UCC) section has the duty of perfecting liens or
security interests for many loans in Missouri. These loans are perfected by the
filing of a financing statement which when filed shows the date, hour, and file
number.
A. Information may be obtained from
this section in person in Room 322 of the James C. Kirkpatrick State
Information Center, by written request to PO Box 1159, Jefferson City, MO
65102, by telephone at (866) 223-6535 or (573) 751-4628, by fax at (573)
751-3855, or by email at UCC@sos.mo.gov.
4. The Safe at Home program provides an
address confidentiality program to those who are survivors of domestic
violence, sexual assault, rape, human trafficking, stalking, or other crimes in
their efforts to stay safe by providing a designated address to use when
creating new public records. These services help keep survivors' confidential
addresses out of the hands of their assailants. The public may obtain
information from this section by written request to PO Box 1409, Jefferson
City, MO 65102, by telephone at (866) 509-1409, by fax at (573) 522-1525, or by
email at SafeAtHome@sos.mo.gov ;
(E) Elections. The Elections Division
administers all statewide elections for both candidates and issues. The
division administers the filing of candidates for governor, lieutenant
governor, secretary of state, auditor, treasurer, attorney general, United
States senators and congressmen, Missouri state senators and representatives,
and certain judicial candidates. The division also prepares ballots, certifies
lists of candidates for primary elections to the county clerks and election
boards, certifies nominees following the primary election, prepares ballots for
the general election, canvasses returns, and publishes returns. Also initiative
and referendum petitions and petitions to place new political parties on the
ballot are filed with the secretary of state. The division and the secretary
determine if the petitions have a sufficient number of qualified signatures to
be placed on the ballot. Before the convening of each general assembly the
division prepares a list of the duly elected members for the secretary of state
to present to the speaker of the house and the secretary of the senate. The
division accepts and maintains a file of annual reports from county clerks on
fees and salaries of elected county officials, coordinates the implementation
of the National Voter Registration Act in Missouri, and administers the
centralized voter registration database. The operations of this division are
supervised by two (2) co-directors, one (1) republican and one (1) democrat.
Information may be obtained from this division in person in Room 337, James C.
Kirkpatrick State Information Center, by written request to PO Box 1767,
Jefferson City, MO 65102, by email at elections@sos.mo.gov, by fax at (573)
526-3242 or by telephone at (573) 751-2301;
(F) Fiscal, Human Resources (HR), and
Facilities. The Fiscal, HR, and Facilities Division is responsible for certain
statutory and public service requirements of the secretary of state's office.
1. The Fiscal Office supports the secretary
of state's office in matters involving budgets and funding for expense,
equipment, and personal service appropriations. It processes payments to
vendors and administers the requirements of contracts for purchase and lease of
equipment established by the office. Additionally, it is responsible for
approving all revenue transactions, tracking and reporting on all grants
received, and handling of all facilities issues.
2. The Human Resources Office supports the
following functions: staff payroll processing, employee benefits, training,
performance evaluation, and personnel recruitment.
3. The Central Services section is
responsible for opening and distributing mail, shipping and receiving for the
entire office, keeping office supplies, surplus property, vehicle maintenance,
and travel reservations.
4.
Information may be obtained from the division by written request to PO Box
1767, Jefferson City, MO 65102, by telephone at (573) 751-1831, by email at
SOSMain@sos.mo.gov, by fax at (573) 522-6289, or in person on the third floor
of the James C. Kirkpatrick State Information Center;
(G) Administrative Rules. Administrative
Rules is the central filing office for the administrative rules of all state
agencies. Chapter 536, RSMo, mandates the Secretary of State publish the
Missouri Register, which contains the text of all new proposed rules,
amendments, and rescissions. This publication is currently published twice a
month. Once finalized and adopted, the rule becomes part of the permanent
volumes of the Code of State Regulations, which is a compilation of the final
rules of all state agencies. The updates to the Code of State Regulations are
published once a month. Additionally, section
536.023,
RSMo requires the Administrative Rules to set forth in writing the policies and
procedures for the uniform standards for preparing and filing rules.
Administrative Rules publishes a guide to administrative rulemaking, commonly
known as Missouri State Rulemaking Manual.
1.
Information may be obtained from Administrative Rules by written request to PO
Box 1767, Jefferson City, MO 65102, or by telephone at (573) 751-4015, by email
at rules@sos.mo.gov, by fax at (573) 751-3032, or in person in Room 168, James
C. Kirkpatrick State Information Center.
2. The Code of State Regulations and the
Missouri Register are posted on the Internet at
https://www.sos.mo.gov/adrules/moreg/moreg
(Missouri Register) or
https://www.sos.mo.gov/adrules/csr/csr (Code of State Regulations), and
the uniform standards and procedures for rulemaking, Missouri State Rulemaking
Manual at:
https://www.sos.mo.gov/adrules/manual/manual;
(H) Communications/Publications.
The Communications/Publications Division is responsible for collecting,
compiling, designing, and editing manuals of the Missouri Constitution, General
Assembly Roster, Missouri Roster, and Official State of Missouri Manual (blue
book). They also compile the manual of the Missouri Election Laws, Notary
Public Handbook, and numerous other brochures, bookmarks, forms, newsletters,
and notices for the office. All publications are available to the public by
mail at Communications/Publications Division, Secretary of State's Office, PO
Box 1767, Jefferson City, MO 65102; by email at publica-tions@sos.mo.gov;
online at
https://www.sos.mo.gov/pubs or by
telephone at (573) 751-4218; and
(I) Information Technology. The Information
and Technology section provides computer hardware, software, and network
support, new system development, web development, and technology planning,
implementation, support, and maintenance for computer and information systems
throughout the Office of Secretary of State. Information may be obtained from
this section in person in Room 367, James C. Kirkpatrick State Information
Center, by written request by email at itcs@sos.mo.gov, or by telephone at
(573) 751-4000 .
*Original authority: 536.023, RSMo 1975, amended 1976,
1997.