HCS HB 331 -- STATE HIGHWAY PATROL

SPONSOR:  Bruns (Lipke)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Crime
Prevention and Public Safety by a vote of 10 to 0.

This substitute allows the Superintendent of the State Highway
Patrol 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.  The Governor nor the
superintendent can order any member of the patrol to perform any
duty or service not authorized under state statute.  The patrol
is authorized to conduct criminal background checks on
gubernatorial appointees who are subject to Senate confirmation.
Information received by the patrol must be kept confidential and
cannot be disclosed to anyone other than the Governor and/or
members of the Governor's staff as necessary to determine the
appointee's qualifications.

The substitute also specifies that the patrol will be divided
into troops rather than districts and removes the requirement
that the superintendent must reside in Jefferson City and be a
uniformed member of the patrol.  The superintendent is authorized
to enter into an agreement with the Missouri Gaming Commission
regarding the enforcement of any law or regulation and conducting
background investigations related to the laws of this state and
the regulation of licensed gaming activities.

Subject to appropriation, any retired employee of the patrol
required to perform as a witness in any official court proceeding
at least 30 miles from his or her place of residence will receive
a per diem up to $100, mileage reimbursement, and reimbursement
of the necessary travel expenses incurred.

Currently, any entity requesting criminal history record
information not based on a fingerprint search must pay up to $5
per request.  The substitute increases the amount to up to $9.
After January 1, 2010, the superintendent of the patrol may
increase this fee up to an additional dollar per year, but cannot
exceed $15.  Any entity requesting criminal history record
information based on a fingerprint search will be required to pay
a fee of up to $20 per request.  If the request is for a
concealed carry endorsement, the fee will be $14.

Any state agency may require the fingerprinting of applicants or
employees in specified occupations for the purpose of positive
identification and for receiving criminal history record
information when determining the applicant's or employee's
ability or fitness for a position.

FISCAL NOTE:  Estimated Cost on General Revenue Fund of Under
$100,000 in FY 2008, FY 2009, and FY 2010.  Estimated Income on
Other State Funds of $2,831,613 to $2,868,333 in FY 2008,
$3,405,280 to $3,442,000 in FY 2009, and $3,750,780 to $3,787,500
in FY 2010.

PROPONENTS:  Supporters say that the bill clarifies some outdated
language and makes statutes consistent with current practices.
The substitute also permits the State Highway Patrol to conduct
name and fingerprint background investigations on gubernatorial
appointees.

Testifying for the bill were Representative Lipke; and State
Highway Patrol.

OPPONENTS:  Those who oppose the bill say that there are concerns
about the confidentiality of the investigation information.

Testifying against the bill was Carlene Holsey.

Missouri House of Representatives
94th General Assembly, 1st Regular Session
Last Updated July 25, 2007 at 11:18 am