FIRST REGULAR SESSION
94TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES LIPKE (Sponsor) AND DUSENBERG (Co-sponsor).
Read 1st time January 11, 2007 and copies ordered printed.
D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To repeal sections 43.010, 43.030, 43.090, 43.110, 43.120, 43.140, 43.160, 43.210, and 43.220, RSMo, and to enact in lieu thereof nine new sections relating to the Missouri state highway patrol, with an emergency clause for certain sections.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 43.010, 43.030, 43.090, 43.110, 43.120, 43.140, 43.160, 43.210, and 43.220, RSMo, are repealed and nine new sections enacted in lieu thereof, to be known as sections 43.010, 43.030, 43.110, 43.120, 43.140, 43.160, 43.210, 43.220, and 43.547, to read as follows:
43.010. As used in this chapter, the following terms shall have the meanings indicated:
(1) ["Commission", the Missouri state highways and transportation commission;
(2)] "Members of the patrol", the superintendent, lieutenant colonel, majors, captains, director of radio, lieutenants, sergeants, corporals, and patrolmen of the Missouri state highway patrol;
[(3)] (2) "MULES", Missouri uniform law enforcement system, a statewide- computerized communications system provided by the patrol designed to provide services, information, and capabilities to the law enforcement and criminal justice community in the state of Missouri;
[(4)] (3) "Patrol", the Missouri state highway patrol;
[(5)] (4) "Peace officers", sheriffs, police officers and other peace officers of this state;
[(6)] (5) "Radio personnel", those employees of the patrol engaged in the construction, operation, and maintenance of the patrol radio system.
43.030. 1. The superintendent of the Missouri state highway patrol shall be appointed by the governor by and with the advice and consent of the senate. The superintendent shall hold office at the pleasure of the governor. The superintendent shall be a citizen of the United States and a resident taxpaying citizen of this state for a period of three years previous to being appointed as superintendent and shall be at least thirty years of age. The superintendent shall maintain an office [and reside] in Jefferson City.
2. The superintendent of the Missouri state highway patrol shall:
(1) Have command of the patrol and perform all duties imposed on the superintendent and exercise all of the powers and authority conferred upon the superintendent by the provisions of this chapter and the requirements of chapter 650, RSMo;
(2) Within available appropriations, establish an equitable pay plan for the members of the highway patrol and radio personnel taking into consideration ranks and length of service.
43.110. The necessary expenses of the members of the patrol in the performance of their duties shall be paid by the state when such members are away from their places of residence or from the [district] troop or division to which they are assigned, subject to the approval of the [commission] superintendent. No fee shall be allowed to any person or officer for the arrest and transportation of persons arrested and transported by members of the patrol, and no witness fees shall be granted or allowed members of the patrol in criminal cases. Witness fees for members of the patrol in civil cases, and for testifying in federal court, shall be the same as provided by law, and shall be claimed and collected by members of the patrol, and promptly transmitted to the [division of collection in the department of revenue] fund from which the salary and expenses of the member or employee is paid.
43.120. 1. The superintendent shall prescribe rules for instruction and discipline and make all administrative rules and regulations and fix the hours of duty for the members of the patrol. The superintendent shall divide the state into [districts] troops and assign members of the patrol to such [districts] troops in the manner as deemed proper to carry out the purposes of this chapter. The superintendent may call members of the patrol from one [district] troop to another.
2. The superintendent shall appoint the lieutenant colonel and five majors from within the membership. Such individuals shall serve at the superintendent's pleasure and shall return to their previously held rank after being relieved of their position duties by the present or incoming superintendent. The superintendent shall classify and rank through promotions the majors, the director of radio, captains, lieutenants, sergeants, corporals, patrolmen, and radio personnel from the next lower grade after not less than one year of service satisfactorily performed therein.
3. In case of the absence of the superintendent, or at the time the superintendent designates, the lieutenant colonel shall assume the duties of the superintendent. In the absence of both the superintendent and the lieutenant colonel, a major shall be designated by the superintendent or by the lieutenant colonel. In case of the disability of the superintendent and the lieutenant colonel, the governor may designate a major as acting superintendent and when so designated, the acting superintendent shall have all the powers and duties of the superintendent.
4. The superintendent shall collect, compile and keep available for the use of peace officers of the state the information as is deemed necessary for the detection of crime and identification of criminals. The superintendent may direct members and other employees of the patrol to carry out any public safety duty or service authorized or appropriated by the general assembly.
5. The superintendent is responsible for establishing policy, procedures, and regulations in cooperation with the law enforcement and criminal justice community in protecting the integrity of the MULES system. The superintendent shall be responsible for the administration and enforcement of all MULES policies and regulations consistent with state and federal rules, policy, and law by which the MULES system operates.
[6. Within ninety days after the close of each fiscal year, the superintendent shall make to the governor and the commission a report of the activities of the patrol and the cost thereof for the fiscal period.]
43.140. [1.] The members of the patrol, before entering upon the discharge of their duties, shall each take and subscribe an oath to support the constitution and laws of the United States and the state of Missouri and to faithfully demean themselves in office in the form prescribed by section 11, article VII, of the constitution of this state and they shall each faithfully perform the duties of their respective offices and safely keep and account for all moneys and property received by them.
[2. The superintendent, major, director of radio, each member assigned to duty in the department of finance and statistics and each member assigned to duty in the department of supplies and equipment shall give bond to be approved by the commission. The bond of the superintendent shall be twenty thousand dollars, and for each other member required to be bonded, ten thousand dollars. The cost of furnishing all such bonds shall be paid by the state.]
43.160. It shall be the duty of the patrol to police the highways constructed and maintained by the [commission] state of Missouri; to regulate the movement of traffic thereon; to enforce thereon the laws of this state relating to the operation and use of vehicles on the highways; to enforce and prevent thereon the violation of the laws relating to the size, weight and speed of commercial motor vehicles and all laws designed to protect and safeguard the highways constructed and maintained by the [commission] state of Missouri. It shall be the duty of the patrol whenever possible to determine persons causing or responsible for the breaking, damaging or destruction of any improved hard surfaced roadway, structure, sign markers, guard rail, or any other appurtenance constructed or maintained by the [commission] state of Missouri and to arrest persons criminally responsible therefor and to bring them before the proper officials for prosecution. It shall be the duty of the patrol to cooperate with such state official as may be designated by law in the collection of all state revenue derived from highway users as an incident to their use or right to use the highways of the state, including all license fees and taxes upon motor vehicles, trailers, and motor vehicle fuels, and upon, with respect to, or on the privilege of the manufacture, receipt, storage, distribution, sale or use thereof (except the sales tax on motor vehicles and trailers, and all property taxes).
43.210. Any person arrested by a member of the patrol shall forthwith be taken by such member before the court or associate circuit judge, or such court's or judge's designee, having jurisdiction of the crime whereof such person so arrested is charged there to be dealt with according to law.
43.220. Neither the governor[, the commission,] nor the superintendent shall have any power, right or authority to command, order or direct any member of the patrol to perform any duty or service not authorized [by this chapter] under state statute.
43.547. 1. The Missouri state highway patrol, at the direction of the governor, shall conduct name or fingerprint background investigations of gubernatorial appointees. The governor's directive shall state whether the background investigation shall be a name background investigation or a fingerprint background investigation. In addition, the patrol may conduct other appropriate checks to determine if an applicant or appointee is in compliance with section 105.262, RSMo, and other necessary inquiries to determine suitability for positions of public trust. The governor may also direct the patrol to conduct internal investigations concerning complaints of misconduct of appointees of the executive branch appointed by the governor.
2. To facilitate the fingerprint background investigations authorized under subsection 1 of this section and in accordance with section 43.543, the appointee shall submit a set of fingerprints collected under the standards determined by the patrol. The fingerprints and accompanying fees, unless alternately arranged, shall be forwarded to the highway patrol to be used to search the state criminal history repository and the fingerprints shall be forwarded to the Federal Bureau of Investigation for a national criminal background check. Any background investigation conducted at the direction of the governor under subsection 1 of this section may include criminal history record information and other source information obtained by the highway patrol. Information received by the patrol under this section shall be confidential and shall not be disclosed except to the governor or members of the governor's staff as necessary to determine the appointee's qualifications and/or ability to hold such office.
[43.090. The board of public buildings shall provide suitable offices for general headquarters at Jefferson City, Missouri, which shall at all times be open and in charge of the superintendent, or some member of the patrol designated by him. The superintendent, with the consent and approval of the commission, shall employ such clerical force, radio operators, and other subordinates, and shall provide such office equipment, stationery, postage supplies, telegraph and telephone facilities as he shall deem necessary, and shall also provide offices, equipment, stationery, postage, clerical force, and other subordinates for the headquarters of each district of the patrol. The state highway patrol radio network shall be under the control of and at the service of the superintendent for such regular and emergency bulletins and service as the superintendent may require from time to time.]
Section B. Because immediate action is necessary for adequate distribution of law enforcement personnel throughout the state the repeal and reenactment of sections 43.030, 43.120, and 43.220 of section A of this act are deemed necessary for the immediate preservation of the public health, welfare, peace, and safety, and is hereby declared to be an emergency act within the meaning of the constitution, and the repeal and reenactment of sections 43.030, 43.120, and 43.220 of section A of this act shall be in full force and effect upon its passage and approval.
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