HCS SCS SB 806 & SB 537 -- LAW ENFORCEMENT

SPONSOR: Jacob (Britt)

COMMITTEE ACTION: Voted "do pass" by the Committee on Public Safety and Law Enforcement by a vote of 11 to 0.

This substitute makes a number of changes to provisions relating to law enforcement officers. In its major provisions, the substitute:

(1) Allows the creation of a County Crime Reduction Fund to be governed by a board and to supplement the cost of criminal investigations or prosecutions. As a condition of probation, the court may require a contribution to the fund not to exceed $1,000 for a misdemeanor (Sections 50.555 and 559.021, RSMo);

(2) Requires that at the time elected sheriffs take office, they must have at least 120 hours of peace officer training. Failure to do so vacates the office. This provision is effective January 1, 2001 (Sections 57.010, 590.100, 590.130, 590.170 and 590.175);

(3) Removes provisions requiring that temporary deputy sheriffs meet the same qualifications as sheriffs (Section 57.119);

(4) Establishes the Policemen and Sheriffs' Deputies Trust Fund to be used to meet minimum officer salary requirements by January 1, 2001 (Sections 57.1010, 57.1013 and 57.1016);

(5) Permits the Clay County Commission to appoint and set compensation of park rangers for the parks and recreational facilities of the county (Section 64.337);

(6) Allows the dependents of retired and deceased public safety officers to continue to receive benefits (Section 67.210);

(7) Allows any city located within a county which has a county-wide sales tax for law enforcement to impose by ordinance and upon voter approval a tax for law enforcement. The substitute deposits funds collected into the County or City Law Enforcement Sales Tax Trust Fund (Section 67.582);

(8) Allows the creation of multi-jurisdictional antifraud enforcement groups (MAEGs) to investigate fraud. MAEGs may form units across state lines, if permitted by the bordering state, and law enforcement officers from bordering states may be deputized locally (Sections 70.827, 70.829, and 70.831);

(9) Includes medical expenses for offenders in the costs assessed at a criminal prosecution (Section 221.120);

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

(11) Updates the minimum training hours for peace officers to require 470 hours, with certain exceptions, and requires most peace officers and bailiffs to be qualified pursuant to the minimum standards program at the time of commission. The substitute also makes a number of changes regarding the training, certification, employment, and discipline of peace officers (Sections 590.105, 590.110, 590.131, 590.135, 590.137, 590.138, 590.139, 590.140 and 590.180); and

(12) Allows law enforcement districts to be created by petition in certain counties to fund, promote, plan, and operate projects relating to law enforcement through a variety of funding sources, including a property tax. Currently, the substitute would apply to Camden County (Sections 1 through 20). An emergency clause applies to this portion of the substitute.

FISCAL NOTE: Estimated Net Cost to General Revenue Fund of $18,736 to Unknown in FY 2001, $19,814 to Unknown in FY 2002, and $20,316 to Unknown in FY 2003. Estimated Net Effect to Policemen and Sheriff's Deputy Trust Fund of $0 in FY 2001, FY 2002, and FY 2003. Totals do not include income from 1% sales tax collection fee. These programs are permissive and some expenditures are subject to appropriation. Oversight would expect unknown costs to exceed $100,000 annually.

PROPONENTS: Supporters of SCS SB 806 say that the substitute ensures that newly elected sheriffs have a minimal amount of law enforcement training before taking office. Supporters of SB 537 say it is necessary to create and fund law enforcement districts in remote areas of the state that are less accessible to county law enforcement agents, as is the case in Camden County.

Testifying for SCS SB 806 were Representative Britt; Missouri Sheriffs' Association; and Department of Public Safety. Testifying for SB 537 were Senator Russell; Camden County Sheriff; Department of Public Safety; and Donald Ruppin, James A. Borsheim, and Jim Tildon of the Village of Four Seasons.

OPPONENTS: There was no opposition voiced to the committee.

Sarah Madden, Legislative Analyst