SCS/HB 81 - This act modifies provisions relating to duties of the department of public safety.FEES TO HIGHWAY PATROL (Section 43.253)
This act provides that a minimum fee of $6 may be charged by the Missouri State Highway Patrol for any request where there are allowable fees of less than $6. Such $6 fee shall be in place of any allowable fee of less than $6.
The Superintendent of the Missouri State Highway Patrol may increase the minimum fee by not more than $1 every other year following August 28, 2024. The minimum fee shall not exceed $10.
This provision is identical to the perfected SB 28 (2023) and substantially similar to SB 761 (2022), SB 429 (2021), and HB 2083 (2022).
MISSOURI RAP BACK PROGRAM (Sections 43.539 & 43.540)
Under current law, an entity participating in the Missouri Rap Back Program may request a person's updated criminal history record if the person has previously had a Missouri and national criminal record review within the previous six years. This act repeals the six year requirement.
This provision is identical to SB 264 (2023).
BACKGROUND CHECKS FOR ADULTS PARTICIPATING IN PROGRAMS AT SCHOOLS (Section 171.097)
Under this act, school districts shall ensure that a state criminal history background check consisting of open records is conducted on any person who is 18 years old or older who is not counted in the school district's average daily attendance when such person requests enrollment in a course that will take place on school property at a time when K-12 students are present. Such background check shall be processed through the Missouri State Highway Patrol, and the person seeking admission shall pay the fees for such background checks as provided in current law. A person found to have been convicted of a crime or offense for which a certificate of license to teach would be revoked or not issued shall be prohibited from enrolling in the course.
This provision is identical to SB 691 (2022), a provision in SCS/HCS/HB 2151 (2022), and a provision in SCS/HB 2623 (2022) and similar to SCS/SB 136 (2021), HB 1483 (2020), and HCS/HB 836 (2019).
BACKGROUND CHECKS FOR MARIJUANA FACILITIES (Section 195.817)
Under this act, the Department of Health and Senior Services shall require all employees, contractors, owners, and volunteers of marijuana facilities to submit fingerprints to the Highway Patrol for a state and federal criminal background check. The Highway Patrol shall notify the Department of any criminal history record information or lack thereof discovered on the individual. All such records shall be accessible and available to the Department.
This provision is identical to a provision in the perfected SS/SCS/SB 40 (2023) and substantially similar to SB 464 (2023).
BACKGROUND CHECKS FOR RESIDENTIAL CARE FACILITIES (Section 210.493)
This act modifies provisions of current law relating to background checks of individuals in connection with licensed residential care facilities and licensed child placing agencies. Current law requires officers, managers, and support staff to undergo background checks and this act repeals that provision. This act requires the background check to include a state background check.
This provision is substantially similar to a provision in perfected SS/SCS/SB 40 (2023), SCS/HB 2623 (2022) and SCS/HCS/HB 2376 (2022), and similar to a provision in HCS/SS#2/SB 823 (2022).
QUALIFICATIONS OF FIRE PROTECTION EMPLOYEES (Section 320.210)
Under current law, the state fire marshal appoints an assistant director and other investigators and employees with certain qualifications.
This act repeals the requirements that investigators must:
• Be at least 25 years old and have either a minimum of 5 years experience in fire risk inspection, prevention, or investigation work, or a degree in fire protection engineering;
• Be a taxpaying resident of Missouri for at least three years immediately preceding his or her appointment; and
• Possess ordinary physical strength and pass a physical and mental examination.
Finally, this act provides that a person appointed as an investigator shall be a resident of Missouri at the time of appointment and shall not accept other employment that would pose a conflict of interest while employed as a fire protection inspector or employee.
This provision is identical to SB 206 (2023), SB 970 (2022), and to provisions in HCS/HB 1656 (2022) and HCS/HB 2054 (2022).
CHIEF OF POLICE TRAINING (Section 590.033)
This act provides that the POST Commission shall establish a training course for police chiefs that shall be a minimum of 40 hours. All police chiefs appointed after August 28, 2023, shall complete the course within six months of appointment as police chief, unless exempt as provided in the act. Any law enforcement agency who has a police chief who fails to complete the course, shall not receive any POST commission training funding or other state or federal funding until the police chief completes the training course.
This provision is identical to a provision in SCS/SB 38 (2023).
PEACE OFFICER BASIC TRAINING (Section 590.040)
Under current law, the POST Commission sets a minimum number of basic training hours for licensure for peace officers no lower than 470 hours and no higher than 600 with certain exceptions as provided in law. This act changes this requirement to be no lower than 600 hours.
This provision is identical to a provision in SCS/SB 38 (2023).
DISCIPLINARY PROCEDURES FOR PEACE OFFICERS (Section 590.080)
This act adds additional grounds for when the Director of the Department of Public Safety shall discipline peace officers. This act provides that any peace officer shall be disciplined who:
• Is unable to perform the function of a peace officer with reasonable competency or reasonable safety;
• Has committed any crime or has been convicted in a criminal prosecution under any state laws, any federal laws, or any laws of anther country, regardless if a sentence was imposed;
• Has committed any act that involves moral turpitude or a reckless disregard for the safety of the public;
• Has tested positive for a controlled substance without a valid prescription;
• Is subject to an order suspending or revoking a peace officer license from another state, territory, the federal government, or any peace officer licensing authority; or
• Has committed any act of gross misconduct indicating inability to function as a peace officer.
This provision is identical to a provision in SCS/SB 38 (2023) and substantially similar to SB 689 (2022) and to provisions in SCS/HB 2088, et al (2022) and HB 2439 (2022).
CLOSED RECORDS (Section 610.021)
This act authorizes a public governmental body to close records, meetings, and votes that relate the following that, if disclosed, has the potential to endanger the health or safety of an individual or the general public:
• Security measures of the Department of Public Safety;
• Information or data provided to a tip line for the purpose of safety or security at the Department of Public Safety; and
• Information contained in any suspicious activity report provided to law enforcement.
This provision is similar to SB 630 (2023).
MARY GRACE PRINGLE