HCS HB 461 -- STATE WATER PATROL

This bill exempts the State Water Patrol from the merit system
and specifies certain duties of the Commissioner of the State
Water Patrol including:

(1)  Developing rules for instruction and discipline, making
administrative rules and regulations, and establishing duty
hours;

(2)  Dividing the state into districts and assigning patrol
members to the districts;

(3)  Establishing, by general order, promotional procedures and
increasing, by promotion, the rank of officers after at least one
year of service; and

(4)  Appointing one assistant commissioner, two majors, nine
captains, nine lieutenants, and one director of radio, each of
whom must have the same qualifications as the commissioner.

The Lieutenant Colonel of the State Water Patrol will assume the
duties of the commissioner in his or her absence or upon the
commissioner becoming disabled.  If the commissioner and the
lieutenant colonel become disabled, the Governor may designate a
major as the acting commissioner.

All patrol officers and radio personnel are required to be 21
years of age or older; be United States and Missouri citizens;
have certain educational, physical strength, and mental health
requirements; and have no felony convictions.

The bill also establishes a disciplinary procedure for members of
the patrol who have completed one year of probationary service.
After a formal charge has been filed by or before the
commissioner and a hearing by a six-member patrol board, a member
may be disciplined.  The hearing must be held within 30 days
after the filing of the charge; and the board must report its
findings, vote result, and recommendation for any disciplinary
action.  The commissioner will make the final decision on the
disciplinary action to be taken.

A copy of any complaint filed against a member will be given to
him or her unless the commissioner decides to postpone the
notification because the disclosure would compromise an
investigation of the complaint.  Unless waived in writing by the
member, he or she will not be interrogated until 48 hours after
receiving a copy of the complaint and is entitled to have counsel
present during questioning.  The member is entitled to a copy of
the investigation report and is allowed to present a written
response prior to an initial recommendation of discipline.  The
commissioner may withhold the investigation report if the
disclosure might endanger any person.

The bill becomes effective July 1, 2007.

Missouri House of Representatives
94th General Assembly, 1st Regular Session
Last Updated July 25, 2007 at 11:19 am