HCS HB 461 -- STATE WATER PATROL

SPONSOR:  Cooper (155)

COMMITTEE ACTION:  Voted "do pass" by the Committee on State
Parks and Waterways by a vote of 7 to 0.

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

(1)  Establishing rules for instruction and discipline and 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
who 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
disability.  If the commissioner and the lieutenant colonel are
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 and physical requirements, and never
been convicted of a felony.

The substitute 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 before 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 of any disciplinary
action.  The commissioner makes the final decision on the
disciplinary action to be taken.

Any complaint filed against a member will be provided to him or
her unless the commissioner decides to postpone the notification
because 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
complaint and is entitled to have counsel present during
questioning.  The member is entitled to a copy of the
investigation report and allowed to present a written response
prior to an initial recommendation of discipline.  The
commissioner may withhold the investigation report if disclosure
endangers any person.

FISCAL NOTE:  No impact on General Revenue Fund in FY 2008,
FY 2009, and FY 2010.  Estimated Cost on Other State Funds of
$1,006,542 in FY 2008, $1,244,086 in FY 2009, and $1,281,410 in
FY 2010.

PROPONENTS:  Supporters say that the bill removes the State Water
Patrol from the merit system and establishes the authority of the
commissioner of the patrol to establish certain duties, including
a pay plan.  Recent increases to the boat fees are available to
pay for increased salaries; however, the merit system prohibits
these increases from being given.

Testifying for the bill were Representative Cooper (155); State
Water Patrol; and Diana Jacobson, Missouri Water Patrol
Association.

OPPONENTS:  There was no opposition voiced to the committee.

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