FIRST REGULAR SESSION
HOUSE COMMITTEE SUBSTITUTE FOR
HOUSE BILL NO. 331
94TH GENERAL ASSEMBLY
Reported from the Committee on Crime Prevention and Public Safety April 4, 2007 with recommendation that House Committee
Substitute for House Bill No. 331 Do Pass. Referred to the Committee on Rules pursuant to Rule 25(21)(f).
D. ADAM CRUMBLISS, Chief Clerk
1044L.05C
AN ACT
To repeal sections 43.010, 43.030, 43.050, 43.090, 43.110, 43.120, 43.140, 43.160, 43.210,
43.220, and 43.530, RSMo, and to enact in lieu thereof fourteen new sections relating to
the administrative duties of the Missouri state highway patrol.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 43.010, 43.030, 43.050, 43.090, 43.110, 43.120, 43.140, 43.160,
43.210, 43.220, and 43.530, RSMo, are repealed and fourteen new sections enacted in lieu
thereof, to be known as sections 43.010, 43.030, 43.050, 43.090, 43.110, 43.115, 43.120, 43.140,
43.160, 43.210, 43.220, 43.530, 43.546, 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
be a current uniformed member of the Missouri state highway patrol. 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.
43.050. 1. The superintendent may appoint not more than twenty-five captains and one
director of radio, each of whom shall have the same qualifications as the superintendent, nor
more than sixty lieutenants, and such additional force of sergeants, corporals and patrolmen, so
that the total number of members of the patrol shall not exceed nine hundred sixty-five officers
and patrolmen and such numbers of radio personnel as the superintendent deems necessary.
2. In case of a national emergency the superintendent may name additional patrolmen
and radio personnel in a number sufficient to replace, temporarily, patrolmen and radio personnel
called into military services.
3. The superintendent may enter into an agreement with the Missouri gaming
commission related to the enforcement of any law, regulation, and conduct background
investigations related to the laws of this state, and the regulation of licensed gaming
activities in chapter 313, RSMo. A notice of either party to terminate or modify the
provisions of such agreement shall be in writing and executed no less than one year from
the effective date of the termination or modification, unless mutually agreed upon by the
superintendent and the Missouri gaming commission. Members of the patrol hired in
conjunction with any agreement with the Missouri gaming commission shall not be subject to
the personnel cap referenced in subsection 1 of this section. If such agreement is subsequently
terminated or modified to reduce the number of personnel used in such agreement, those
members affected by such termination or modification shall not be subject to the personnel cap
referenced in subsection 1 of this section for a period of [three] five years.
4. Members of the patrol hired in conjunction with the community-oriented policing
services federal grant or members assigned to fulfill the duties established in sections 43.350 to
43.380 shall not be subject to the personnel cap referenced in subsection 1 of this section.
5. Applicants shall not be discriminated against because of race, creed, color, national
origin or sex.
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] communication and telephone facilities as he or she shall deem necessary for
general headquarters located at Jefferson City, Missouri, and shall also provide offices,
equipment, stationery, postage, clerical force, and other subordinates for the headquarters of each
[district] troop or division of the patrol. The state highway patrol [radio network]
communications division shall be under the control of and at the service of the superintendent
for such regular and emergency [bulletins] communications, and service as the superintendent
may require [from time to time].
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
member or employee's position is funded.
43.115. Subject to appropriation, any retired employee of the highway patrol
required to perform as a witness in an official court proceeding no less than thirty miles
from their place of residence shall receive as compensation:
(1) Upon approval by the superintendent, a per diem of up to one hundred dollars
for each day of service;
(2) A mileage reimbursement which shall be equal to the rate prescribed by the
Internal Revenue Service for allowable expenses for motor vehicle use expressed as an
amount per mile; and
(3) A reimbursement of the necessary travel expenses incurred while in the
performance of their court duties as prescribed in section 43.110.
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 shall have the authority to 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; 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. 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 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 his or her 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] statute.
43.530. 1. For each request requiring the payment of a fee received by the central
repository, the requesting entity shall pay a fee of not more than [five] nine dollars per request
for criminal history record information not based on a fingerprint search [when the requesting
entity is required to obtain such information by any provision of state or federal law and pay a
fee of not more than fourteen dollars per request for criminal history record information based
on a fingerprint search when the requesting entity is required to obtain such information by any
provision of state or federal law; provided that, when the requesting entity is not required to
obtain such information by law, the requesting entity shall pay a fee of not more than ten dollars
per request for criminal history record information not based on a fingerprint search and] . In
each year beginning on or after January 1, 2010, the superintendent may increase the fee
paid by requesting entities by an amount not to exceed one dollar per year, however, under
no circumstance shall the fee paid by requesting entities exceed fifteen dollars per request.
2. For each request requiring the payment of a fee received by the central
repository, the requesting entity shall pay a fee of not more than twenty dollars per request for
criminal history record information based on a fingerprint search[. Each such] , unless the
request is required under the provisions of section 210.487, RSMo, or section 571.101,
RSMo, in which case, the fee shall be fourteen dollars.
3. A request made under subsections 1 and 2 of this section shall be limited to check
and search on one individual. Each request shall be accompanied by a check, warrant, voucher,
money order, or electronic payment payable to the state of Missouri-criminal record system or
payment shall be made in a manner approved by the highway patrol. The highway patrol may
establish procedures for receiving requests for criminal history record information for
classification and search for fingerprints, from courts and other entities, and for the payment of
such requests. There is hereby established by the treasurer of the state of Missouri a fund to be
entitled as the "Criminal Record System Fund". Notwithstanding the provisions of section
33.080, RSMo, to the contrary, if the moneys collected and deposited into this fund are not
totally expended annually for the purposes set forth in sections 43.500 to 43.543, the unexpended
moneys in such fund shall remain in the fund and the balance shall be kept in the fund to
accumulate from year to year.
43.546. 1. Any state agency, board, or commission may require the fingerprinting
of applicants in specified occupations or appointments within the state agency, board, or
commission for the purpose of positive identification and receiving criminal history record
information when determining an applicant's ability or fitness to serve in such occupation
or appointment.
2. In order to facilitate the criminal background check under subsection 1 of this
section on any person employed or appointed by a state agency, board, or commission, and
in accordance with section 43.543, the applicant or employee shall submit a set of
fingerprints collected under the standards determined by the Missouri highway patrol.
The fingerprints and accompanying fees, unless otherwise 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. Notwithstanding the provisions of section 610.120, RSMo, all
records related to any criminal history information discovered shall be accessible and
available to the state agency making the request.
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, at the governor's direction, conduct other appropriate investigations to
determine if an applicant or appointee is in compliance with section 105.262, RSMo, and
other necessary inquiries to determine the person's suitability for positions of public trust.
2. In order to facilitate the fingerprint background investigation under subsection
1 of this section, and in accordance with the provisions of section 43.543, the appointee
shall submit a set of fingerprints collected under the standards determined by the Missouri
highway patrol. The fingerprints and accompanying fees, unless otherwise 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.
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