This Fiscal Note is not an official copy and should not be quoted or cited.
This Fiscal Note is not an official copy and should not be quoted or cited.
Fiscal Note - SB 0892 - Amends training and certification requirements for peace officers and reserve officers
COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. NO. 3731-02
BILL NO. SCS for SB 892
SUBJECT: Law Enforcement Officers and Agencies; County Officials
TYPE: Original
DATE: April 16, 1998
FISCAL SUMMARY
|
ESTIMATED NET EFFECT ON STATE FUNDS | |||
| FUND AFFECTED | FY 1999 | FY 2000 | FY 2001 |
| None | |||
| Total Estimated
Net Effect on All State Funds |
$0 | $0 | $0 |
|
ESTIMATED NET EFFECT ON FEDERAL FUNDS | |||
| FUND AFFECTED | FY 1999 | FY 2000 | FY 2001 |
| None | |||
| Total Estimated
Net Effect on All Federal Funds |
$0 | $0 | $0 |
|
ESTIMATED NET EFFECT ON LOCAL FUNDS | |||
| FUND AFFECTED | FY 1999 | FY 2000 | FY 2001 |
| Local Government | (Unknown) | (Unknown) | (Unknown) |
Numbers within parentheses: ( ) indicate costs or losses
This fiscal note contains 4 pages.
FISCAL ANALYSIS
ASSUMPTION
Officials of the Department of Public Safety - Missouri State Highway Patrol (MSHP) assume this proposal would update regulations pertaining to the training, certification, and separation of employment of any peace officer or reserve officer. The emphasis of this proposal would be on academies which train basic police students. MSHP would anticipate no fiscal impact on their agency or academy due to this proposal.
Officials of the Missouri Department of Conservation and the Department of Public Safety assume this proposal would have no fiscal impact to their agencies.
Officials of the Department of Natural Resources (DNR) assume this proposal would raise the certification standards for certain peace officers from 450 training hours to 470 hours. DNR's state park rangers are currently responsible for meeting the 470 hour training requirement pursuant to section 590.105.1. RSMo. Therefore, this provision would not fiscally impact the department.
DNR officials stated the proposal would require the department to notify, within 30 days, the POST Commission when a certified peace officer or reserve officer was separated from employment, as defined by the bill, or appointed. The note, on a form provided by the POST Commission, must indicate in certain situations the reason for the separation or appointment. DNR would prepare this report when preparing the other paperwork related to these types of activities.
This proposal would also require any applicant to a certified law enforcement training center to submit fingerprints and an authorization for a criminal history background check, including FBI records. The cost of the criminal history check could be borne by the applicant. DNR currently incurs the cost of the criminal background checks when sending applicants to the peace officer certification program.
Officials of the Missouri Sheriffs' Association assume this proposal would have no fiscal impact to sheriffs' departments.
Officials of the Missouri Police Chiefs' Association could not estimate the impact to local law enforcement agencies as a result of this proposal.
Officials of the Missouri Municipal League stated that cities and counties which pay for training for their law enforcement personnel would experience a 300% - 400% increase in costs as a result of this proposal.
ASSUMPTION (continued)
Oversight assumes for purposes of this fiscal note that if local law enforcement offices elected to pay for additional training required under this proposal for certification, there would be unknown costs to local governments.
| FISCAL IMPACT - State Government | FY 1999 | FY 2000 | FY 2001 |
| (10 Mo.) | |||
| 0 | 0 | 0 | |
| FISCAL IMPACT - Local Government | FY 1999 | FY 2000 | FY 2001 |
| (10 Mo.) | |||
| Cost - Cities/Counties | |||
| Increased training costs | (Unknown) | (Unknown) | (Unknown) |
| FISCAL IMPACT - Small Business | |||
No direct fiscal impact to small businesses would be expected as a result of this proposal.
DESCRIPTION
This proposal would revise the training and certification requirements for peace officers and reserve officers. It would require peace officers to have 470 hours of training. Currently, counties of the third classification are allowed to employ peace officers with 120 hours of training. This proposal would place a sunset provision on this exception for January 1, 2001. After that date, local law enforcement agencies must comply with the 470 hour requirement. Reserve officers would not be included, and could continue to be employed in counties of the third classification with 120 hours of training.
This proposal would remove language allowing the hiring of "probationary" officer with less than 470 hours of training. Any applicant to a certified law enforcement training center must submit a fingerprint card and authorize a criminal history background check. The Department of Public Safety must be notified by an employing agency of any termination, retirement or leave of absence
DESCRIPTION (continued)
of any peace officer or reserve officer. In certain cases, the reason for the separation from employment must be stated. Out-of-state and federal officers have the opportunity to become certified under this proposal.
This proposal would require all appointed deputies or assistants who are employed as peace officers to be certified. Currently an exemption exists for counties with a population less than 2,000 to hire untrained and uncertified peace officers. This proposal would eliminate that exemption, and a grandfather clause is included for uncertified peace officers employed by such municipalities as of the effective date of this proposal. The current exemption for any training or certification for counties with four or less full-time deputies would also be deleted.
The Director of the Department of Public Safety would be allowed to deny an applicant to a certified academy or training program for certain violations and criminal convictions, which include a suspended imposition of sentence for misdemeanors involving moral turpitude. This proposal would provide for the immediate suspension of certified instructors or peace officers, and right to appeal to Administrative Hearing Commission. A violation of this chapter would be a Class B misdemeanor.
This legislation is not federally mandated, would not duplicate any other program and would not require additional capital improvements or rental space.
SOURCES OF INFORMATION
Department of Public Safety
Department of Public Safety - Missouri State Highway Patrol
Missouri Department of Conservation
Department of Natural Resources
Missouri Sheriffs' Association
Missouri Police Chiefs' Association
Missouri Municipal League
Jeanne Jarrett, CPA
Director
April 16, 1998