General Organization

PURPOSE: This rule describes the general organization and functions of the Office of the Secretary of State to comply with the requirements of section 536.023, RSMo. (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 secondin-command and is charged by law with implementing the policies and procedures of the secretary of state and supervising the dayto-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) State Library. The State Library is composed of the state librarian and two (2) sections: Library Development and Reference Services. The State Library promotes and encourages library services, continuing education, resource sharing, technology, program planning, needs assessment, and evaluation; provides counsel, advice, and continuing education to library boards; and ensures library and information services to diverse populations through libraries. It also receives federal grants including Library Services and Technology Act (LSTA) program, prepares reports, keeps records, and directs information about federal programs to libraries in the state. Information may be obtained from the state librarian 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) 7513612, or by telephone at (573) 522-4036 or (800) 325-0131. 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) 5224036 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) 7513615. 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) 7513612 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 65102, 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) 7514136 for registration of securities or (573) 751-2302 for registration of broker-dealers, agents, and investment advisers or (573) 7514704 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) 8956330, 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) 5091409, 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) 5263242 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) 5226289, 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 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/mor eg (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/ma nual; (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 publications@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. AUTHORITY: section 536.023.3, RSMo 2016.* Original rule filed Dec. 5, 1975, effective Dec. 31, 1975. Amended: Filed July 15, 1985, effective Dec. 26, 1985. Amended: Filed Nov. 15, 1989, effective March 11, 1990. Amended: Filed Feb. 16, 1995, effective Sept. 30, 1995. Rescinded and readopted: Filed Oct. 28, 2003, effective May 30, 2004. Amended: Filed July 16, 2019, effective Jan. 30, 2020. Amended: Filed Oct. 5, 2020, effective March 30, 2021. *Original authority: 536.023, RSMo 1975, amended 1976, 1997, 2004.