Title VIII — PUBLIC OFFICERS AND EMPLOYEES, BONDS AND RECORDS

109.005. State document preservation fund established, purpose — state treasurer duty to invest — unexpended balance, lapse prohibited. — 1. There is hereby established in the state treasury a special fund to be known as the "State Document Preservation Fund". The fund shall cons…

109.007. Document preservation fund, duties of archives division to preserve legal, historical and genealogical documents — annual report. — 1. The general assembly shall appropriate moneys from the fund to the office of the secretary of state to be used exclusively by the archiv…

109.010. Officer to deliver records to successor. — If any civil or military officer having any records, books or papers appertaining to any public office or any court shall resign, or his office be vacated, he shall deliver to his successor all such records, books and papers. ­­…

109.020. Duty of executor. — When such officer shall die, his executor or administrator shall deliver such records, books and papers to his successor. ­­-------- (RSMo 1939 § 3623) Prior revisions: 1929 § 3233; 1919 § 10595; 1909 § 10406

109.030. Penalties for failure to deliver records. — 1. If any such officer, or the executor or administrator of such officer, shall fail to deliver such records, books or papers, he or they shall forfeit not more than one thousand nor less than one hundred dollars, to be recover…

109.040. Vacated office — seizure of records by warrant. — If any person whose office has become vacated, or his executors or administrators, shall fail to deliver any record, book or paper to the person entitled to the same, the circuit judge, upon the affidavit of any credible …

109.050. Authority of officer executing writ. — The officer executing such warrant may break open any doors, trunk or places in which any records, books or papers named in such warrant may be, or in which he may suspect them to be; and may arrest any person who shall resist the e…

109.060. Penalty for not executing the writ. — Any officer to whom any such warrant may be directed and delivered, who shall fail to execute or return the same, or to perform any duty required of him in relation thereto, shall forfeit not more than one thousand nor less than one …

109.070. Remedy of person aggrieved by issuance of such warrant. — 1. Any person aggrieved by any such warrant may apply to a circuit judge, who upon affidavit of the applicant that injustice has been done or is about to be done by such warrant, shall issue a citation to all pers…

109.080. Private persons to deliver records — proceedings on failure. — If any private person shall have or obtain possession of any books, records or papers, appertaining to any public office, he shall deliver them to the officer entitled to the same. If any person fail to compl…

109.090. Courts may order records rebound, transcribed, indexed. — The judges and justices of the several courts of record within this state shall have power to order any of the books or records in the clerk's offices of their respective courts to be rebound; or when defaced, tor…

109.100. Photographic copies of records. — Wherever the statute authorizes books or records to be rebound, or their contents transcribed into new books, or new indexes to be made, the making of photographic copies of said books, records or indexes shall be deemed transcribing and…

109.110. Transcript to be evidence, when. — After any book or record so transcribed is examined by the judge or justices of such courts, respectively, ordering the same to be transcribed, and he or they shall make an order on the records of the court that the same is correct, the…

109.120. Records reproduced by photographic, video or electronic process, standards — cost. — 1. The head of any business, industry, profession, occupation or calling, or the head of any state, county or municipal department, commission, bureau or board may cause any and all reco…

109.130. Reproduced records deemed original, when. — Such reproduction of the original records shall be deemed to be an original record for all purposes provided that the reproduction is equal in resolution to microfilm or electronic process produced pursuant to those standards s…

[Repealed or reserved.]

109.156. Original may be destroyed after reproduction, exceptions. — Following the reproduction of a record or records in the manner provided for in section 109.120, the head of any business may destroy the record or records from which such reproduction was made; provided, that t…

109.160. Statement and affidavit when record lost or destroyed. — When any record of judgments or executions, or any allowances or orders of any probate division of the circuit court or county commission, or any inventory, sale bill or appraisement or other document or paper file…

109.170. Clerk to issue summons — proceedings. — When any such statement shall be filed in the clerk's office, as provided in section 109.160, it shall be the duty of the said clerk, if a judgment of execution is intended to be supplied, to issue a summons as in ordinary suits, w…

109.180. Public records open to inspection — refusal to permit inspection, penalty. — Except as otherwise provided by law, all state, county and municipal records kept pursuant to statute or ordinance shall at all reasonable times be open for a personal inspection by any citizen …

109.190. Right of person to photograph public records — regulations. — In all cases where the public or any person interested has a right to inspect or take extracts or make copies from any public records, instruments or documents, any person has the right of access to the record…

109.195. Public records of ownership or security interest not subject to inspection or copying. — Records concerning the ownership of, or security interest in, registered public obligations are not subject to inspection or copying under any law of this state relating to the right…

109.200. Short title. — Sections 109.200 to 109.310 shall be known as "The State and Local Records Law". ­­-------- (L. 1965 p. 233 § 1, A.L. 1972 S.B. 376)

109.210. Definitions. — As used in sections 109.200 to 109.310 the following words and terms have the meanings indicated, unless the context clearly requires otherwise: (1) "Agency", any department, office, commission, board or other unit of state government or any political or a…

109.220. Records management and archives service to be established — appointment of director. — The secretary of state shall establish and administer in the executive branch of state government a "Records Management and Archives Service" for the efficient and economical applicati…

109.221. Historical records advisory board — secretary of state to serve as coordinator — meetings, expenses — powers, duties — rules, promulgation, procedure — grants for preservation of local records, use of recorder's fund for matching moneys. — 1. The state shall establish an…

109.225. Missouri board on geographic names established, members, terms, meetings — secretary to be designated — duties of board. — 1. There is hereby established the "Missouri Board on Geographic Names". The board shall be assigned for administrative purposes to the office of th…

109.230. Duties of director. — The director shall, with due regard for the functions of the agencies concerned, and subject to the approval of the secretary of state: (1) Establish standards, procedures, and techniques for effective management of records; (2) Make continuing surv…

109.240. Duties of agency heads. — The head of each agency shall: (1) Establish and maintain an active, continuing program for the economical and efficient management of the agency; (2) Make and maintain records containing adequate and proper documentation of the organization, fu…

109.241. Local agency head, duties of. — The head of each local agency shall: (1) Submit within six months after a call to do so from the secretary of state in accordance with standards established by the local records board and promulgated by the director of records management a…

109.250. State records commission established — members — duties — meetings. — 1. There is hereby created the "State Records Commission". It shall consist of the following members: the secretary of state, or his or her authorized representative, who shall act as chairperson; the …

109.255. Secretary of state duties as to local boards of record control — local boards, terms, expenses. — 1. The secretary of state, or his or her designee, is hereby authorized to appoint and serve as chairman of a local records board to advise, counsel, and judge what local re…

109.260. Destruction of records and nonrecord materials. — 1. No record shall be destroyed or otherwise disposed of by any agency unless it is determined by the commission or board that the record has no further administrative, legal, fiscal, research or historical value. 2. Nonr…

109.265. Disposition of nonrecord material, director to retain certain copies, when. — The state records commission may determine that certain material under the permanent control of the director of records management and archives service is nonrecord material pursuant to section…

109.270. Records are property of state or local government — not to be damaged or disposed of. — All records made or received by or under the authority of or coming into the custody, control or possession of state or local officials in the course of their public duties are the pr…

109.280. Agency heads may determine nature and form of records — confidential records to be so treated. — Nothing in sections 109.200 to 109.310 shall be construed to divest agency heads of the authority to determine the nature and form of the records required in the administrati…

109.290. Director to assist legislative and judicial branches upon request. — Upon request, the director of records management and archives service shall assist and advise in the establishment of records management programs in the legislative and judicial branches of state govern…

109.295. Certain activities not affected. — Nothing in sections 109.200 to 109.310 shall be construed to: (1) Prohibit the establishment or sharing of local records centers or records holding areas by local governmental agencies; (2) Prohibit the establishment of regional state r…

109.300. Termination of agency — disposition of records. — Upon the termination of any agency whose function or functions have not been transferred to another agency, the records of the terminated agency shall be deposited in the state records center and archives. The commission …

109.310. Records, how destroyed — rules and regulations to supersede existing law and regulations. — Records shall be destroyed according to the provisions of existing law and administrative regulations until the state records commission or local records board promulgates rules a…

109.400. Archival facility to be maintained, authority to enter into contracts and receive moneys. — 1. The secretary of state is hereby authorized: (1) To plan, acquire, construct, develop, operate, and maintain, or to lease or sublease to or from others for acquisition, constru…

109.410. Missouri State Archives — St. Louis Trust Fund established, use of funds. — 1. There is hereby established in the state treasury a special revolving fund to be known as the "Missouri State Archives-St. Louis Trust Fund". The fund shall consist of all moneys received from…

109.500. Records defined. — "Records", as used in sections 109.500 and 109.510, means documents, books, papers, photographs, maps, sound recordings, or other material, regardless of physical form or characteristics, made or received pursuant to law or in connection with the trans…

109.510. Data processing may be used for all records. — Other provisions of law notwithstanding, automation data processing equipment and procedures may be utilized for all records required by law of county officials, including circuit clerks, in counties of the first class. ­­--…