HB1696 Permits the creation of multi-jurisdictional anti-fraud enforcement groups.
Sponsor: Ross, Carson (55) Effective Date:00/00/0000
CoSponsor: Alter, Bill (90) LR Number: 3700 .01
Last Action: COMMITTEE: PUBLIC SAFETY AND LAW ENFORCEMENT
02/24/2000 - HCS Reported Do Pass (H)
HCS HB 1696, 1585, 1771, 1505 & 1665
Next Hearing:Hearing not scheduled
Calendar:Bill currently not on calendar
ACTIONS HEARINGS CALENDAR
BILL SUMMARIES BILL TEXT
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Available Bill Summaries for HB1696 Copyright(c)
* Committee * Introduced

Available Bill Text for HB1696
* Committee * Introduced *

BILL SUMMARIES

COMMITTEE

HCS HB 1696, 1585, 1771, 1505 & 1665 -- LAW ENFORCEMENT OFFICERS

SPONSOR:  Kissell

COMMITTEE ACTION:  Voted "do pass" by the Committee on Public
Safety and Law Enforcement by a vote of 16 to 0.

This substitute makes a number of changes to provisions
concerning law enforcement agents.  The substitute, in its main
provisions:

(1)  Defines a "multijurisdictional antifraud enforcement group"
(MAEG) as a combination of political subdivisions that are
formed, by ordinance, to investigate fraud (Sections 70.827,
70.829, RSMo);

(2)  Allows officers authorized as MAEG members the power of
arrest (Section 70.829);

(3)  Permits the formation of an MAEG across state lines, if
permitted by the bordering state.  Law enforcement officers from
the bordering states may be deputized locally (Section 70.831);

(4)  Makes MAEG units eligible for state grants for operating
costs if certain conditions are met (Sections 70.831, 70.833);

(5)  Gives State Water Patrol officers arrest powers outside of
their jurisdiction in certain circumstances (Section 306.165);

(6)  Adds definitions to the terms "bailiff" and "commission"
and changes the definitions of "peace officer" and "reserve
peace officer" (Section 590.100);

(7)  Requires mandatory standards for basic training and
certification of reserve officers.  Currently, the training
standards program is optional for reserve officers (Section
590.105);

(8)  Updates the minimum training hours for peace officers to
require 470 hours, with certain exceptions, including reserve
peace officers with a limited commission, and requires
qualification at the time of commission for most officers
(Section 590.105);

(9)  Requires certification of elected peace officers within one
year of taking office.  Elected peace officers who are not
certified, beginning January 1, 2001, may continue to hold
office but may not participate in primary enforcement activities
(Sections 57.010, 590.130);

(10)  Allows the Director of the Department of Public Safety to
require all persons applying for peace officer certification to
submit fingerprints for a criminal history background check and
to pass both a basic training course and a certification
examination (Section 590.110);

(11)  Requires the chief executive officer of each law
enforcement agency to give notice to the director of all
departures from employment of commissioned peace officers,
indicating in certain situations the reason for the separation
(Section 590.131);

(12)  Allows the director to censure or probate certification,
in addition to the current remedies of refusal to issue,
suspension, or revocation of certification of peace officers,
bailiffs, and applicants to training academies in certain
situations (Section 590.135);

(13)  Allows the director to establish minimum requirements for
enrollment in a certified training academy (Section 590.135);

(14)  Allows the director to suspend or restrict a certified
officer whose conduct constitutes a clear and present danger
under certain circumstances and provides administrative hearing
procedures (Section 590.137);

(15)  Provides that unless either party timely requests a full
hearing on the merits within 60 days of the issuance of the
Administrative Hearing Commission's preliminary order, it
becomes final and effective for 3 years (Section 590.137);

(16)  Allows the department to apply for an injunction or
restraining order with regard to a certified officer who is
shown with substantial probability to be a serious danger to the
health, safety, or welfare of any state resident (Section
590.138);

(17)  Requires surcharge funds collected in the processing of
criminal cases in excess of those allocated to pay for training
required for certified officers, county coroners, and their
deputies be used to pay for additional training for certified
officers (Section 590.140);

(18)  Makes it a class B misdemeanor to commission as a peace
officer or bailiff persons who are not certified by the director
and to accept a commission as a peace officer or bailiff without
certification (Section 590.180); and

(19)  Establishes a death and burial benefit for certain public
safety officers who are killed in the line of duty.  The amount
of the death benefit will be a lump sump of $50,000 and the
amount of burial benefit will be up to $10,000.  Both amounts
are subject to appropriation (Section 650.010).

FISCAL NOTE:  Estimated Net Cost to General Revenue of $0 to
Unknown in FY 2001, FY 2002, and FY 2003.  Totals are subject to
appropriations and could exceed $100,000 in any given year.
Estimated Net Income to Criminal Records System Fund of $21,638
in FY 2001, $19,191 in FY 2002, and $18,456 in FY 2003.

PROPONENTS:  Supporters say that with respect to House Bill
1696, multijurisdictional antifraud enforcement groups are
necessary to expedite fraud investigations that commonly involve
more than one jurisdiction.  Supporters of House Bill 1585 say
that an increase in training standards will improve the quality
of law enforcement, and disciplinary provisions give departments
and officers the procedures to take appropriate action when
necessary.  House Bill 1771, according to supporters, will
ensure that elected sheriffs have the same training as other law
enforcement agents.  Supporters say that House Bill 1505 will
allow water patrol officers to conduct more thorough
investigations.  House Bill 1665, supporters say, gives a
measure of recognition and appreciation for the sacrifice a
public safety officer makes when killed in the line of duty.

Testifying for HB 1696 were Representative Ross; Independence
Police Department; and Thomas Mohan, fraud victim.  Testifying
for HB 1585 were Representative Hosmer; Gary Kempker, Director
of Missouri Department of Public Safety; Missouri Police Chiefs'
Association; Missouri Sheriffs' Association; William Etheridge,
corporate security expert; Missouri Federation of Police Chiefs;
Missouri Deputy Sheriffs' Association; and Missouri Union of Law
Enforcement/AFL-CIO.  Testifying for HB 1771 were Representative
Britt; and Missouri Sheriffs' Association.  Testifying for HB
1505 were Representatives Hosmer and Hampton; Missouri State
Water Patrol; and National Marine Manufacturers Association.
Testifying for HB 1665 were Representative Pryor; and Missouri
State Council of Firefighters/IAFF.

OPPONENTS:  Those who oppose HB 1696 say that it allows officers
from other jurisdictions to initiate investigations without
notification until an arrest is made, a provision that was
removed in the substitute.

Testifying against HB 1696 was Missouri Sheriffs' Association.

Sarah Madden, Legislative Analyst


INTRODUCED

HB 1696 -- Multijurisdictional Antifraud Enforcement Group

Co-Sponsors:  Ross, Alter, Reinhart, Barnett, Miller, Kissell,
Britt, Davis (63), Gaskill, Ward, Parker, Merideth, Murray,
McKenna, Hampton, Reid

This bill allows political subdivisions to form groups for the
purpose of investigating fraudulent activities.

The bill:

(1)  Defines a "multijurisdictional antifraud enforcement group"
(MAEG) as a combination of political subdivisions that are
formed, by ordinance, to investigate fraud (Sections 70.827,
70.829);

(2)  Grants officers authorized as MAEG members the power of
arrest, which can be exercised anywhere in the state if
notification is given to the authorities of the venue, unless
exigent circumstances exist (Section 70.829);

(3)  Permits the formation of an MAEG across state lines, if
permitted by the bordering state.  Law enforcement officers from
the bordering states may be deputized locally (Section 70.831);
and

(4)  Makes MAEG units eligible for state grants for operating
costs if certain conditions are met (Sections 70.831, 70.833).


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