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SECOND REGULAR SESSION
SENATE BILL NO. 1578
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR GREGORY (15).
6732S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal section 37.005, RSMo, and to enact in lieu thereof one new section relating to moneys
received from the sale of real property owned by the state of Missouri.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Section 37.005, RSMo, is repealed and one new 1
section enacted in lieu thereof, to be known as section 37.005, 2
to read as follows:3
37.005. 1. Except as provided herein, the office of 1
administration shall be continued as set forth in house bill 2
384, seventy-sixth general assembly and shall be considered 3
as a department within the meaning used in the Omnibus State 4
Reorganization Act of 1974. The commissioner of 5
administration shall appoint directors of all major 6
divisions within the office of administration. 7
2. The commissioner of administration shall be a 8
member of the governmental emergency fund committee as ex 9
officio comptroller and the director of the department of 10
revenue shall be a member in place of the director of the 11
division of facilities management, design and construction. 12
3. The office of administration is designated the 13
"Missouri State Agency for Surplus Property" as required by 14
Public Law 152, eighty-first Congress as amended, and 15
related laws for disposal of surplus federal property. All 16
the powers, duties and functions vested by sections 37.075 17
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and 37.080, and others, are transferred by type I transfer 18
to the office of administration as well as all property and 19
personnel related to the duties. The commissioner shall 20
integrate the program of disposal of federal surplus 21
property with the processes of disposal of state surplus 22
property to provide economical and improved service to state 23
and local agencies of government. The governor shall fix 24
the amount of bond required by section 37.080. All 25
employees transferred shall be covered by the provisions of 26
chapter 36 and the Omnibus State Reorganization Act of 1974. 27
4. The commissioner of administration shall replace 28
the director of revenue as a member of the board of fund 29
commissioners and assume all duties and responsibilities 30
assigned to the director of revenue by sections 33.300 to 31
33.540 relating to duties as a member of the board and 32
matters relating to bonds and bond coupons. 33
5. All the powers, duties and functions of the 34
administrative services section, section 33.580 and others, 35
are transferred by a type I transfer to the office of 36
administration and the administrative services section is 37
abolished. 38
6. The commissioner of administration shall, in 39
addition to his or her other duties, cause to be prepared a 40
comprehensive plan of the state's field operations, 41
buildings owned or rented and the communications systems of 42
state agencies. Such a plan shall place priority on 43
improved availability of services throughout the state, 44
consolidation of space occupancy and economy in operations. 45
7. The commissioner of administration shall from time 46
to time examine the space needs of the agencies of state 47
government and space available and shall, with the approval 48
of the board of public buildings, assign and reassign space 49
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in property owned, leased or otherwise controlled by the 50
state. Any other law to the contrary notwithstanding, upon 51
a determination by the commissioner that all or part of any 52
property is in excess of the needs of any state agency, the 53
commissioner may lease such property to a private or 54
government entity. Any revenue received from the lease of 55
such property shall be deposited into the fund or funds from 56
which moneys for rent, operations or purchase have been 57
appropriated. The commissioner shall establish by rule the 58
procedures for leasing excess property. 59
8. The commissioner of administration is hereby 60
authorized to coordinate and control the acquisition and use 61
of network, telecommunications, and data processing services 62
in the executive branch of state government. For this 63
purpose, the office of administration will have authority to: 64
(1) Develop and implement a long-range computer 65
facilities plan for the use of network, telecommunications, 66
and data processing services in Missouri state government. 67
Such plan may cover, but is not limited to, operational 68
standards, standards for the establishment, function and 69
management of service centers, coordination of the data 70
processing education, and planning standards for application 71
development and implementation; 72
(2) Approve all additions and deletions of network, 73
telecommunications, and data processing services hardware, 74
software, and support services, and service centers; 75
(3) Establish standards for the development of annual 76
data processing application plans for each of the service 77
centers. These standards shall include review of post- 78
implementation audits. These annual plans shall be on file 79
in the office of administration and shall be the basis for 80
equipment approval requests; 81
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(4) Review of all state network, telecommunications, 82
and data processing services applications to assure 83
conformance with the state information systems plan, and the 84
information systems plans of state agencies and service 85
centers; 86
(5) Establish procurement procedures for network, 87
telecommunications, and data processing services hardware, 88
software, and support service; 89
(6) Establish a charging system to be used by all 90
service centers when performing work for any agency; 91
(7) Establish procedures for the receipt of service 92
center charges and payments for operation of the service 93
centers. 94
The commissioner shall maintain a complete inventory of all 95
state-owned or -leased network, telecommunications, and data 96
processing services equipment, and annually submit a report 97
to the general assembly which shall include starting and 98
ending network, telecommunications, and data processing 99
services costs for the fiscal year previously ended, and the 100
reasons for major increases or variances between starting 101
and ending costs. The commissioner shall also adopt, after 102
public hearing, rules and regulations designed to protect 103
the rights of privacy of the citizens of this state and the 104
confidentiality of information contained in computer tapes 105
or other storage devices to the maximum extent possible 106
consistent with the efficient operation of the office of 107
administration and contracting state agencies. 108
9. (1) Except as provided in subsection 12 of this 109
section, the fee title to all real property now owned or 110
hereafter acquired by the state of Missouri, or any 111
department, division, commission, board or agency of state 112
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government, other than real property owned or possessed by 113
the state highways and transportation commission, 114
conservation commission, state department of natural 115
resources, and the University of Missouri, shall on May 2, 116
1974, vest in the governor. The governor may not convey or 117
otherwise transfer the title to such real property, unless 118
such conveyance or transfer is first authorized by an act of 119
the general assembly. The provisions of this subsection 120
requiring authorization of a conveyance or transfer by an 121
act of the general assembly shall not, however, apply to the 122
granting or conveyance of an easement for any purpose to any 123
political subdivision of the state; a rural electric 124
cooperative as defined in chapter 394; a public utility, 125
except a railroad, as defined in chapter 386; or to 126
accommodate utility service, including electrical, gas, 127
steam, water, sewer, telephone, internet, or similar utility 128
service, extended upon or provided to state property or 129
facilities; to accommodate rights of access, ingress and 130
egress on or to any state property or facilities; or to 131
facilitate the construction, location, relocation, or use of 132
any common elements of condominium property if the state is 133
a unit owner within the condominium development. The 134
governor, with the approval of the board of public 135
buildings, may, upon the request of any state department, 136
agency, board or commission not otherwise being empowered to 137
make its own transfer or conveyance of any land belonging to 138
the state of Missouri which is under the control and custody 139
of such department, agency, board or commission, grant or 140
convey without further legislative action, for such 141
consideration as may be agreed upon, easements across, over, 142
upon or under any such state land to any political 143
subdivision of the state; a rural electric cooperative as 144
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defined in chapter 394; a public utility, except a railroad, 145
as defined in chapter 386; or to accommodate utility 146
service, including electrical, gas, steam, water, sewer, 147
telephone, internet, or similar utility service, extended 148
upon or provided to state property or facilities; to 149
accommodate rights of access, ingress and egress on or to 150
state property or facilities; or to facilitate the 151
construction, location, relocation, or use of any common 152
elements of condominium property if the state is a unit 153
owner within the condominium development. The easement 154
shall be for the purpose of promoting the general health, 155
welfare and safety of the public and shall include the right 156
of access, ingress or egress for the purpose of 157
constructing, maintaining or removing any street, roadway, 158
sidewalk, public right-of-way or thoroughfare, pipeline, 159
power line, gas line, water or steam line, telephone line, 160
internet cable, sewer line, or other similar installation or 161
any equipment or appurtenances necessary to the operation 162
thereof; except that, a railroad as defined in chapter 386 163
shall not be included in the provisions of this subsection 164
unless such conveyance or transfer is first authorized by an 165
act of the general assembly. The easement shall be for such 166
consideration as may be agreed upon by the parties and 167
approved by the board of public buildings. The attorney 168
general shall approve the form of the instrument of 169
conveyance. The commissioner of administration shall 170
prepare management plans for such properties in the manner 171
set out in subsection 7 of this section. 172
(2) There is hereby created in the state treasury the 173
"Real Estate Fund", which shall consist of moneys received 174
from the sale of real property owned by the state of 175
Missouri as described in this subsection. The fund shall be 176
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administered by the commissioner of administration or his or 177
her designee for the purposes of acquiring interest in real 178
property to be used to support state operations. The state 179
treasurer shall be the custodian of the fund and shall 180
approve disbursements from the fund at the request of the 181
commissioner of administration or his or her designee. The 182
following moneys shall be deposited to this fund, unless 183
required by statute or constitutional provision to be 184
deposited in some other specifically named fund: 185
(a) Any moneys or proceeds resulting from a real 186
property transaction involving state-owned property as 187
described in this subsection; and 188
(b) Any funds appropriated to the fund by the general 189
assembly or otherwise credited to the fund. 190
(3) The commissioner of administration shall prepare 191
an annual report of all receipts and expenditures from the 192
fund established pursuant to subdivision (2) of this 193
subsection. Notwithstanding the provisions of section 194
33.080 to the contrary, any moneys remaining in the fund at 195
the end of the fiscal year shall not revert to the credit of 196
the general revenue fund. The state treasurer shall invest 197
moneys in the fund in the same manner as other funds are 198
invested. Any interest and moneys earned on such 199
investments shall be credited to the fund. 200
10. The commissioner of administration shall 201
administer a revolving "Administrative Trust Fund" which 202
shall be established by the state treasurer which shall be 203
funded annually by appropriation and which shall contain 204
moneys transferred or paid to the office of administration 205
in return for goods and services provided by the office of 206
administration to any governmental entity or to the public. 207
The state treasurer shall be the custodian of the fund, and 208
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shall approve disbursements from the fund for the purchase 209
of goods or services at the request of the commissioner of 210
administration or the commissioner's designee. The 211
provisions of section 33.080 notwithstanding, moneys in the 212
fund shall not lapse, unless and then only to the extent to 213
which the unencumbered balance at the close of any fiscal 214
year exceeds one-eighth of the total amount appropriated, 215
paid, or transferred to the fund during such fiscal year, 216
and upon approval of the oversight division of the joint 217
committee on legislative research. The commissioner shall 218
prepare an annual report of all receipts and expenditures 219
from the fund. 220
11. All the powers, duties and functions of the 221
department of community affairs relating to statewide 222
planning are transferred by type I transfer to the office of 223
administration. 224
12. The titles which are vested in the governor by or 225
pursuant to this section to real property assigned to any of 226
the educational institutions referred to in section 174.020 227
on June 15, 1983, are hereby transferred to and vested in 228
the board of regents of the respective educational 229
institutions, and the titles to real property and other 230
interests therein hereafter acquired by or for the use of 231
any such educational institution, notwithstanding provisions 232
of this section, shall vest in the board of regents of the 233
educational institution. The board of regents may not 234
convey or otherwise transfer the title to or other interest 235
in such real property unless the conveyance or transfer is 236
first authorized by an act of the general assembly, except 237
as provided in section 174.042, and except that the board of 238
regents may grant easements over, in and under such real 239
property without further legislative action. 240
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13. Notwithstanding any provision of subsection 12 of 241
this section to the contrary, the board of governors of 242
Missouri Western State University, University of Central 243
Missouri, Missouri State University, or Missouri Southern 244
State University, or the board of regents of Southeast 245
Missouri State University, Northwest Missouri State 246
University, or Harris-Stowe State University, or the board 247
of curators of Lincoln University may convey or otherwise 248
transfer for fair market value, except in fee simple, the 249
title to or other interest in such real property without 250
authorization by an act of the general assembly. 251
14. All county sports complex authorities, and any 252
sports complex authority located in a city not within a 253
county, in existence on August 13, 1986, and organized under 254
the provisions of sections 64.920 to 64.950, are assigned to 255
the office of administration, but such authorities shall not 256
be subject to the provisions of subdivision (4) of 257
subsection 6 of section 1 of the Omnibus State 258
Reorganization Act of 1974, Appendix B, RSMo, as amended. 259
15. All powers, duties, and functions vested in the 260
administrative hearing commission, sections 621.015 to 261
621.205 and others, are transferred to the office of 262
administration by a type III transfer. 263
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