EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE COMMITTEE SUBSTITUTE FOR
HOUSE COMMITTEE SUBSTITUTE FOR
HOUSE BILL NO. 1481
102ND GENERAL ASSEMBLY
3522S.05C KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 84.015, 84.020, 84.030, 84.040, 84.060, 84.070, 84.080, 84.090, 84.095,
84.100, 84.110, 84.120, 84.130, 84.150, 84.160, 84.170, 84.175, 84.180, 84.190,
84.200, 84.210, 84.240, 84.250, 84.265, 84.330, 84.340, 84.341, 84.342, 84.343,
84.344, 84.345, 84.346, 84.347, and 105.726, RSMo, and to enact in lieu thereof
twenty-five new sections relating to the operation of certain law enforcement agencies,
with penalty provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 84.015, 84.020, 84.030, 8 4.040, 1
84.060, 84.070, 84.080, 84.090, 84.095, 84.100, 84.110, 84.120, 2
84.130, 84.150, 84.160, 84.170, 84.175, 84.180, 84.190, 84.200, 3
84.210, 84.240, 84.250, 84.265, 84.330, 84.340, 84.341, 84.342, 4
84.343, 84.344, 84.345, 84.346, 84.347, and 105.726, RSMo , are 5
repealed and twenty-five new sections enacted in lieu thereof, 6
to be known as sections 84.012, 84.015, 84.020, 84.030, 84.040, 7
84.060, 84.090, 84.100, 84.120, 84.130, 84.150, 84.160, 84.170, 8
84.180, 84.190, 84.200, 84.210, 84.225, 84.250, 84.325, 84. 330, 9
84.340, 84.341, 84.342, and 105.726, to read as follows:10
84.012. In all cities of this state not within a 1
county, the common council or municipal assembly of such 2
cities may pass ordinances for preserving order; securing 3
property and persons from violence, danger, or destruction; 4
protecting public and private property; and promoting the 5 SCS HCS HB 1481 2
interests and ensuring the good governance of the cities, 6
but no charter amendment or ordinances heretofore passed, or 7
that may hereafter be passed, by th e common council or 8
municipal assembly of the cities, or enacted by initiative 9
petition, shall, in any manner, conflict or interfere with 10
the powers or the exercise of the powers of the boards of 11
police commissioners of the cities as created by section 12
84.020, nor shall the cities or any officer or agent of the 13
corporation of the cities, or the mayor thereof, in any 14
manner impede, obstruct, hinder, or interfere with the 15
boards of police commissioners, or any officer, agent, or 16
servant thereof or th ereunder. 17
84.015. Venue for any civil action involving the board 1
of police commissioners in their official capacity , 2
established pursuant to section 84.020, shall be appropriate 3
in the twenty-second judicial circuit. 4
84.020. 1. In all cities [of this state that now 1
have, or may hereafter attain, a population of five hundred 2
thousand inhabitants or over ] not within a county, there 3
shall be, and is hereby established, within and for said 4
cities, a board of polic e commissioners, to consist of four 5
citizen commissioners, as provided in sections 84.040 to 6
84.080, to be the governing body of the permanent police 7
force pursuant to section 84.100, together with the mayor of 8
said cities for the time being, or whosoe ver may be 9
officially acting in that capacity, and said board shall 10
annually appoint one of its members as president, [and] one 11
member who shall act as vice president [during the absence 12
of the president], and one member who shall act as board 13
secretary; and such president or vice president shall be the 14
executive officer of the board and shall act for it when the 15
board is not in session. 16 SCS HCS HB 1481 3
2. The board shall consist of five commissioners, one 17
of whom is the mayor of any city not within a county and 18
four citizen commissioners, who shall be residents of the 19
city for not less than three years preceding their 20
appointment. No member shall be a former or current 21
employee of the permanent police force. Except for the 22
mayor, no member shall be nom inated or hold any other 23
elective or appointed public or political office. If any 24
citizen member is nominated or elected to any elective or 25
appointed public or political office, then such member shall 26
forfeit his or her appointment and shall immediate ly vacate 27
his or her office. The mayor of any city not within a 28
county shall automatically be a member of the board, while 29
the remaining commissioners shall be appointed as follows: 30
(1) One commissioner to be appointed by the board of 31
alderman; 32
(2) Two commissioners to be appointed by the president 33
of the Saint Louis Police Officer's Association; and 34
(3) One commissioner to be appointed by the president 35
of the Saint Louis Ethical Society of Police. 36
3. Any member of the board m ay be removed for cause 37
with the approval of a majority of the other board members; 38
but such member shall first be presented with a written 39
statement of the reasons for removal and shall have the 40
opportunity for a hearing by the board to establish caus e 41
for removal. The decision for removal of a board member is 42
final. However, the removed member may appeal their removal 43
to the twenty-second judicial circuit court. 44
4. A majority of the board shall constitute a quorum 45
for the transaction of bu siness, but no action shall be 46
taken by the board or deemed valid unless three concurring 47
votes are cast. 48 SCS HCS HB 1481 4
5. The board shall have the power to summon and compel 49
attendance of witnesses before the board and to compel the 50
production of documents an d other evidence, whenever 51
necessary in the discharge of its duties, and shall have the 52
power to administer oaths or affirmations to any person 53
appearing or called before it. 54
6. The board shall have the following powers and 55
duties: 56
(1) To receive input from the chief of police, in 57
order to formulate and approve policies governing the 58
operation and conduct of the permanent police force pursuant 59
to section 84.100; 60
(2) To appoint as a chief of police any person who 61
shall be responsible to the board for proper execution of 62
the policies, duties, and responsibilities established by 63
the board for the administration of the police department, 64
and to remove the chief pursuant to section 106.273; 65
(3) To hear and determine appeals from the decisions 66
of the chief of police on disciplinary matters arising with 67
the department, pursuant to section 590.502; however, at the 68
time of the effective date of this act and until such time 69
as the board adopts other investigative and disciplinary 70
policies and procedures not inconsistent with section 71
590.502, discipline and investigative procedures for 72
commissioned and civilian employees of the police force 73
shall be regulated by rule 7 of the police manual of the 74
police department in effect as of November 4, 2013; except 75
that, where rule 7 is in conflict with section 590.502, the 76
board shall comply with the requirements of section 77
590.502. Under no circumstances shall the board initially 78
or hereafter adopt investigative and disciplinary pro cedures 79
that do not include the summary hearing board procedures 80 SCS HCS HB 1481 5
provided for in rule 7 of the police manual of the police 81
department in effect as of November 4, 2013; 82
(4) To promulgate a manual of rules and regulations 83
for the qualifications and conduct of personnel of the 84
police department and its operation; 85
(5) To have such other powers and duties with respect 86
to police administration and law enforcement as provided by 87
statute; 88
(6) To regulate and license all private watchmen, 89
private detectives, and private police serving or acting in 90
the city and no person shall act as such without first 91
having obtained such license. Penalties for the violation 92
of regulations promulgated by the board under this 93
subsection shall be prescrib ed by ordinance. 94
84.030. Beginning on [January 9, 1989, the governor of 1
the state of Missouri, by and with the advice and consent of 2
the senate, shall appoint ] August 28, 2024, and no later 3
than September 28, 2024, the four citizen commissioners 4
[provided for in] shall be appointed pursuant to section 5
84.020[,] and shall serve the following terms of office: 6
(1) One citizen commissioner appointed by the 7
president of the Saint Louis Police Officer's Association 8
shall [be appointed] serve for a term of one year; 9
(2) One citizen commissioner appointed by the board of 10
alderman shall [be appointed] serve for a term of two years; 11
(3) One citizen commissioner appointed by the 12
president of the St. Louis Ethical Society o f Police shall 13
[be appointed] serve for a term of three years; 14
(4) One citizen commissioner appointed by the 15
president of the Saint Louis Police Officer's Association 16
shall [be appointed] serve for a term of four years. Their 17
successors shall each be appointed for a term of four years, 18 SCS HCS HB 1481 6
and said commissioners shall hold office for their term of 19
appointment and until their successors shall have been 20
appointed and qualified. In case of a vacancy in said board 21
for any cause whatsoever, it shall be filled by appointment 22
for the unexpired term, in the same manner and by the same 23
appointer as in the case of original appointments. [The 24
governor shall issue commissions to the persons so 25
appointed, designating the time for which they are appointed 26
in case the appointment is to fill an unexpired term 27
occasioned by death, resignation or any other cause, and 28
whenever the term of office of any commissioner expires, the 29
appointment of his successor shall be for four years. The 30
commissioners now ho lding offices under existing laws in any 31
city of this state to which sections 84.010 to 84.340 apply 32
are to hold their offices until the expiration of their 33
terms, and their successors are duly appointed and 34
qualified.] 35
84.040. The [said] citizen commissioners shall be 1
[citizens] residents of the state of Missouri, and shall 2
have been residents of the cities for a period of [four] 3
three years next preceding their appointment; they shall, 4
except as specified in sections 84.020 and 84.030 [and 5
84.080], hold their offices for four years, and until their 6
respective successors shall have been appointed and 7
qualified, and receive each a salary of one thousand dollars 8
per annum, payable monthly; before entering upon the duties 9
of their said offices, the said commissioners and the said 10
mayor shall take and subscribe before a circuit or associate 11
circuit judge of the circuit court of judicial circuit in 12
which said cities shall be located, or the clerk thereof, 13
the oath or affirmati on prescribed by the Constitution of 14
the state of Missouri, and shall also take and subscribe 15 SCS HCS HB 1481 7
before the same judge or clerk the further oath or affidavit 16
that in any and every appointment or removal to be made by 17
them to or from the police force creat ed and to be organized 18
by them under sections [84.010 to 84.340] 84.012 to 84.342, 19
they will in no case and under no pretext appoint or remove 20
any policeman or officer of police, or other person under 21
them, on account of the political opinions of such police 22
officer or other person, or for any other cause or reason 23
than the fitness or unfitness of such a person, in the best 24
judgment of such commissioners, for the place for which he 25
shall be appointed, or from the place from which he shall be 26
removed. The said oaths or affirmations shall be recorded 27
and preserved among the records of the said circuit court. 28
84.060. 1. The board shall appoint a secretary to 1
[act as such for] staff the board of police commissioners, 2
to be appointed in the same manner as other officers, and 3
such appointment shall be additional to the number of board 4
appointments herein provided. The secretary shall serve at 5
the pleasure of the board. 6
2. The salary of the secretary of the board shall be 7
determined and fixed by the board of police commissioners, 8
and no other provisions of this chapter shall apply in the 9
determination of the amount of the salary of the secretary. 10
3. Every person appointed to serve as secretary shall 11
be a resident of the city. 12
84.090. The duties of the boards of police hereby 1
created shall be as follows: They shall, at all times of 2
the day and night, within the boundaries of said cities, as 3
well on water as on land, 4
(1) Preserve the public peace, prevent crime and 5
arrest offenders; 6
(2) Protect the rights of persons and property; 7 SCS HCS HB 1481 8
(3) Guard the public health; 8
(4) Preserve order at every public election, and at 9
all public meetings and places, and on all public occasions; 10
(5) Prevent and remove nuisances on all streets, 11
highways, waters and other places; 12
(6) Provide a proper police force at every fire for 13
the protection of firemen and property; 14
(7) Protect emigrants and travelers at steamboat 15
landings and railway stations; 16
(8) See that all laws relating to elections and to the 17
observance of Sunday, and regulating pawnbrokers, gamblers, 18
intemperance, lotteries and lottery policies, vagrants, 19
disorderly persons, and the public health are enforced ; 20
(9) They shall also enforce all laws and all 21
ordinances passed or which may hereafter be passed by the 22
common council or municipal assembly of said cities, not 23
inconsistent with the provisions of sections [84.010 to 24
84.340] 84.012 to 84.342, or any other law of the state, 25
which may be properly enforceable by a police force; 26
(10) In case they shall have any reason to believe 27
that any person within said cities intends to commit any 28
breaches of the peace, or violation of the law or order 29
beyond the city limits, any person charged with the 30
commission of crime in said cities and against whom criminal 31
process shall have issued, may be arrested upon the same in 32
any part of this state by the police force created or 33
authorized by sections [84.010 to 84.340] 84.012 to 84.342; 34
provided, however, that before the person so arrested shall 35
be removed from the county in which such arrest is made he 36
shall be taken before some judge, to whom the papers 37
authorizing such arrest shall be submitted; a nd the person 38
so arrested shall not be removed from said county, but shall 39 SCS HCS HB 1481 9
forthwith be discharged, unless such judge shall endorse and 40
approve said papers; 41
(11) The said police commissioners, or either of them, 42
shall have the power to administer oaths or affirmations in 43
the premises, to any person appearing or called before them; 44
(12) They shall also have the power to summon and 45
compel the attendance of witnesses before them, whenever it 46
may be necessary for the more effectual discharge of their 47
duties. 48
84.100. To enable the boards to perform the duties 1
imposed upon them, they are hereby authorized and required 2
to appoint, enroll and employ [a] only one permanent police 3
force for the cities which they shall equip a nd arm as they 4
may judge necessary. [Except as provided below, the number 5
of patrolmen to be appointed shall not be more than one 6
thousand six hundred eighty -three of which number not more 7
than two hundred fifty are to be probationary patrolmen. 8
Any increase in the number of patrolmen authorized, in 9
addition to that provided for above, shall be permitted upon 10
recommendation by the board of police commissioners, with 11
the approval of the municipal board of estimate and 12
apportionment. The number of turnkeys to be appointed shall 13
be sixty-five, except that for each patrolman hereafter 14
promoted, demoted, removed, resigned or otherwise separated 15
from the force, an additional turnkey may be appointed, but 16
under no circumstances shall more than one h undred fifty 17
turnkeys be appointed. As each additional turnkey is 18
appointed, the maximum number of patrolmen to be appointed 19
shall be reduced accordingly so that when one hundred fifty 20
turnkeys have been appointed, the number of patrolmen to be 21
appointed shall not be more than one thousand five hundred 22
ninety-eight.] All police officers shall be hired, employed, 23 SCS HCS HB 1481 10
or under contract by the permanent police force. The board 24
may continue to employ as many commissioned police officers, 25
probationary police officers, and noncommissioned civilians, 26
which shall include city marshals and park rangers, as it 27
deems necessary in order to perform the duties imposed upon 28
it. The board shall determine the number of police officers 29
in each rank. The board shall determine the terms of 30
regular service for all members of the permanent police 31
force as provided by law. 32
84.120. 1. No person shall be appointed or employed 1
as [policeman, turnkey, or ] police officer [of police] who 2
shall have been convicted of, or against whom any indictment 3
may be pending, for any offense, the punishment of which may 4
be confinement in the penitentiary; nor shall any person be 5
so appointed who is not of good character, or who is not a 6
citizen of the United S tates, or who is not able to read and 7
write the English language, or who does not possess ordinary 8
physical strength and courage. The [patrolmen and turnkeys ] 9
police officers hereafter appointed shall serve while they 10
shall faithfully perform their du ties and possess mental and 11
physical ability and be subject to removal only for cause 12
[after a hearing by the boards, who are hereby invested with 13
the jurisdiction in the premises ] pursuant to section 14
590.502. 15
2. The board shall have the sole dis cretion whether to 16
delegate portions of its jurisdiction to hearing officers. 17
The board shall retain final and ultimate authority over 18
such matters and over the person to whom the delegation may 19
be made. In any hearing before the board under this 20
section, the member involved may make application to the 21
board to waive a hearing before the board and request that a 22
hearing be held before a hearing officer. 23 SCS HCS HB 1481 11
3. Nothing in this section or chapter shall be 24
construed to prohibit the board of police commissioners from 25
delegating any task related to disciplinary matters, 26
disciplinary hearings, or any other hearing or proceeding 27
which could otherwise be heard by the board or concerning 28
any determination related to whether an officer is able to 29
perform the necessary functions of the position. Tasks 30
related to the preceding matter may be delegated by the 31
board to a hearing officer under the provisions of 32
subsection 4 of this section. 33
4. (1) The hearing officer to whom a delegation has 34
been made by the board may, at the sole discretion of the 35
board, perform certain functions, including but not limited 36
to the following: 37
(a) Presiding over a disciplinary matter from its 38
inception through to the final hearing; 39
(b) Preparing a report to the board of police 40
commissioners; and 41
(c) Making recommendations to the board of police 42
commissioners as to the allegations and the appropriateness 43
of the recommended discipline. 44
(2) The board shall promulgate rules, which may be 45
changed from time to time as determined by the board, and 46
shall make such rules known to the hearing officer or others. 47
(3) The board shall at all times retain the authority 48
to render the final decision after a review of the relevant 49
documents, evidence, transcripts, videotaped testimony, or 50
report prepared by the hearing officer. 51
5. Hearing officers shall be selected in the following 52
manner: 53
(1) The board shall establish a panel of not less than 54
five persons, all who are to be license d attorneys in good 55 SCS HCS HB 1481 12
standing with the Missouri Bar. The composition of the 56
panel may change from time to time at the board's discretion; 57
(2) From the panel, the relevant member or officer and 58
a police department representative shall alternatively and 59
independently strike names from the list with the last 60
remaining name being the designated hearing officer. The 61
board shall establish a process to be utilized for each 62
hearing which will determine which party makes the first 63
strike and the proce ss may change from time to time; 64
(3) After the hearing officer is chosen and presides 65
over a matter, such hearing officer shall become ineligible 66
until all hearing officers listed have been utilized, at 67
which time the list shall renew, subject to officers' 68
availability. 69
6. Nothing in this section shall be construed to 70
authorize the board of police commissioners to remove or 71
discharge any chief, [as that term is defined ] except as 72
provided in section 106.273. 73
84.130. The boards may reappoint all members of the 1
police force who have heretofore, or shall hereafter, resign 2
to enter the military service of the United States during 3
any war in which the United States is engaged, without loss 4
of rank, and with the same effe ct as if an indefinite leave 5
of absence had been granted such members, upon condition 6
that an application for such reappointment shall be made 7
within ninety days after the applicant's discharge from 8
military service and that the applicant is mentally a nd 9
physically qualified for police duty. [The boards may make 10
such reappointments notwithstanding that it may cause the 11
number of policemen employed to temporarily exceed the 12
number herein authorized. All necessary reductions in rank 13
shall be made to enable the boards to reappoint officers 14 SCS HCS HB 1481 13
above the rank of patrolmen as aforesaid to the end that the 15
number of such officers shall not exceed that provided for 16
in section 84.150.] 17
84.150. [The officers of the police force in each s uch 1
city shall be as follows: one chief of police with the rank 2
of colonel; lieutenant colonels, not to exceed five in 3
number and other such ranks and number of members within 4
such ranks as the board from time to time deems necessary. ] 5
The officers of the police force shall have commissions 6
issued to them by the boards of police commissioners, and 7
those heretofore and those hereafter commissioned shall 8
serve so long as they shall faithfully perform their duties 9
and possess the necessary mental an d physical ability, and 10
be subject to removal only for cause [after a hearing by the 11
board, who are hereby invested with exclusive jurisdiction 12
in the premises] pursuant to section 590.520 . 13
84.160. 1. As of August 28, [2006] 2024, the board of 1
police commissioners shall have the authority to compute and 2
establish the annual salary of each member of the police 3
force without receiving prior authorization from the general 4
assembly, which shall not be less than the annual salary 5
paid to any member at the time of the enactment of this act . 6
2. Each officer of police and patrolman whose regular 7
assignment requires nonuniformed attire may receive, in 8
addition to his or her salary, an allowance not to exceed 9
three hundred sixty d ollars per annum payable biweekly. 10
Notwithstanding the provisions of subsection 1 of this 11
section to the contrary, no additional compensation or 12
compensatory time off for overtime, court time, or standby 13
court time shall be paid or allowed to any offi cer of the 14
rank of [sergeant] lieutenant or above. Notwithstanding any 15
other provision of law to the contrary, nothing in this 16 SCS HCS HB 1481 14
section shall prohibit the payment of additional 17
compensation pursuant to this subsection to officers of the 18
ranks of sergeants and above, provided that funding for such 19
compensation shall not: 20
(1) Be paid from the general funds of either the city 21
or the board of police commissioners of the city; or 22
(2) Be violative of any federal law or other state law. 23
3. It is the duty of the municipal assembly or common 24
council of the cities to make the necessary appropriation 25
for the expenses of the maintenance of the police force in 26
the manner herein and hereafter provided; provided, that in 27
no event shall such mun icipal assembly or common council be 28
required to appropriate for such purposes (including, but 29
not limited to, costs of funding pensions or retirement 30
plans) for any fiscal year a sum in excess of any limitation 31
imposed by article X, section 21, Missou ri Constitution; and 32
provided further, that such municipal assembly or common 33
council may appropriate a sum in excess of such limitation 34
for any fiscal year by an appropriations ordinance enacted 35
in conformity with the provisions of the charter of such 36
cities. 37
4. Notwithstanding the provisions of subsection 1 of 38
this section to the contrary, the board of police 39
commissioners shall pay additional compensation for all 40
hours of service rendered by probationary patrolmen [and], 41
patrolmen, and sergeants in excess of the established 42
regular working period, and the rate of compensation shall 43
be one and one-half times the regular hourly rate of pay to 44
which each member shall normally be entitled; except that, 45
the court time and court standby time shall be paid at the 46
regular hourly rate of pay to which each member shall 47
normally be entitled. No credit shall be given or 48 SCS HCS HB 1481 15
deductions made from payments for overtime for the purpose 49
of retirement benefits. 50
5. Notwithstanding the provisions of subsection 1 of 51
this section to the contrary, probationary patrolmen [and], 52
patrolmen, and sergeants shall receive additional 53
compensation for authorized overtime, court time and court 54
standby time whenever the total accumulated time exceeds 55
forty hours. The accumulated forty hours shall be taken as 56
compensatory time off at the officer's discretion with the 57
approval of his supervisor. 58
6. The allowance of compensation or compensatory time 59
off for court standby time shall be computed at the rat e of 60
one-third of one hour for each hour spent on court standby 61
time. 62
7. The board of police commissioners [may] shall 63
effect programs to provide additional compensation to its 64
employees for successful completion of academic work at an 65
accredited college or university, in amounts not to exceed 66
ten percent of their yearly salaries or for field training 67
officer and lead officer responsibilities in amounts not to 68
exceed three percent of their yearly salaries for field 69
training officer responsibi lities and an additional three 70
percent of their yearly salaries for lead officer 71
responsibilities. The board may designate up to one hundred 72
fifty employees as field training officers and up to fifty 73
employees as lead officers. 74
8. The board of police commissioners: 75
(1) Shall provide or contract for life insurance 76
coverage and for insurance benefits providing health, 77
medical and disability coverage for officers and employees 78
of the department; 79 SCS HCS HB 1481 16
(2) Shall provide or contract for insur ance coverage 80
providing salary continuation coverage for officers and 81
employees of the police department; 82
(3) Shall provide health, medical, and life insurance 83
coverage for retired officers and employees of the police 84
department. Health, medical and life insurance coverage 85
shall be made available for purchase to the spouses or 86
dependents of deceased retired officers and employees of the 87
police department who receive pension benefits pursuant to 88
sections 86.200 to 86.364 at the rate that such dependent's 89
or spouse's coverage would cost under the appropriate plan 90
if the deceased were living; 91
(4) May pay an additional shift differential 92
compensation to members of the police force for evening and 93
night tour of duty in an amount not to ex ceed ten percent of 94
the officer's base hourly rate. 95
9. Notwithstanding the provisions of subsection 1 of 96
this section to the contrary, the board of police 97
commissioners shall pay additional compensation to members 98
of the police force up to and in cluding the rank of police 99
officer for any full hour worked between the hours of 11:00 100
p.m. and 7:00 a.m., in amounts equal to [five] ten percent 101
of the officer's base hourly pay. 102
10. The board of police commissioners, from time to 103
time and in its discretion, may pay additional compensation 104
to police officers, sergeants and lieutenants by paying 105
commissioned officers in the aforesaid ranks for 106
accumulated, unused vacation time. Any such payments shall 107
be made in increments of not less than fo rty hours, and at 108
rates equivalent to the base straight -time rates being 109
earned by said officers at the time of payment; except that, 110 SCS HCS HB 1481 17
no such officer shall be required to accept payment for 111
accumulated unused vacation time. 112
84.170. 1. When any vacancy shall take place in any 1
grade of officers, it shall be filled from the next lowest 2
grade; provided, however, that probationary patrolmen shall 3
serve at least six months as such before being promoted to 4
the rank of patrolman; patrol men shall serve at least three 5
years as such before being promoted to the rank of sergeant; 6
sergeants shall serve at least one year as such before being 7
promoted to the rank of lieutenant; lieutenants shall serve 8
at least one year as such before being promoted to the rank 9
of captain; and in no case shall the [chief or] assistant 10
chief be selected from men not members of the force or below 11
the grade of captain. Patrolmen shall serve at least three 12
years as such before promotion to the rank of detect ive; the 13
inspector shall be taken from men in the rank not below the 14
grade of lieutenant. 15
2. The boards of police are hereby authorized to make 16
all such rules and regulations, not inconsistent with 17
sections [84.010 to 84.340] 84.012 to 84.342, or other laws 18
of the state, as they may judge necessary, for the 19
appointment, employment, uniforming, discipline, trial and 20
government of the police. The said boards shall also have 21
power to require of any officer or policeman bond with 22
sureties when they may consider it demanded by the public 23
interests. All lawful rules and regulations of the board 24
shall be obeyed by the police force on pain of dismissal or 25
such lighter punishment, either by suspension, fine, 26
reduction or forfeiture of pay, or oth erwise as the boards 27
may adjudge. 28
[3. The authority possessed by the board of police 29
includes, but is not limited to, the authority to delegate 30 SCS HCS HB 1481 18
portions of its powers authorized in section 84.120, 31
including presiding over a disciplinary hearing, to a 32
hearing officer as determined by the board. ] 33
84.180. No officer of police or policeman shall be 1
allowed to receive any money or gratuity or compensation for 2
any service he may render without the consent of the said 3
boards; and all such moneys as any policeman or police 4
officer may be so permitted to receive shall be paid over to 5
the boards, and together with all the proceeds of all fines, 6
forfeitures and unreclaimed property which may come to the 7
possession of said boards, o r to be recovered by them under 8
the provisions of sections [84.010 to 84.340] 84.012 to 9
84.342, or any other law or ordinance, shall be disposed of 10
in accordance with rules adopted by the said boards, subject 11
to the provisions of the laws of this state controlling and 12
directing the dispensation of such funds. 13
84.190. 1. The boards of police commissioners are 1
hereby authorized to provide themselves with such office and 2
office furniture, and such clerks and subordinates as they 3
shall need; and to have and use a common seal. They may 4
divide such cities into not more than twelve nor less than 5
[nine] six police districts, and provide in each of them, if 6
necessary, a station house or houses, with all things and 7
equipments required for the same, and all such other 8
accommodations as may be required for the use of the police. 9
2. The boards, for all the purposes of sections 10
[84.010 to 84.340] 84.012 to 84.342, shall have the use of 11
the fire alarm telegraph of such cities for p olice purposes, 12
and all station houses, watch boxes, firearms, equipments, 13
accoutrements, technology, facilities, and other 14
accommodations and things provided by such cities, for the 15
use and service of the police, as fully and to the same 16 SCS HCS HB 1481 19
extent as the same are now used by or for any present 17
police, or as fully and to the same extent as the same may 18
be used by any police force in any of the cities to which 19
sections [84.010 to 84.340] 84.012 to 84.342 may hereafter 20
apply at the discretion of the boa rd; and the mayor and 21
common council or municipal assembly, and all persons and 22
municipal officers in charge thereof, are hereby ordered and 23
required to allow such use [accordingly] of all facilities, 24
technology, and equipment . In case the mayor and c ommon 25
council or municipal assembly of any of such cities, or its 26
officers or agents, refuse or neglect to allow such use, as 27
and whenever the same shall be required by the boards 28
created by sections [84.010 to 84.340] 84.012 to 84.342, or 29
refuse to set aside and appropriate the revenue necessary to 30
carry out the provisions of sections [84.010 to 84.340] 31
84.012 to 84.342, or place obstructions or hindrances in the 32
way of the proper discharge of the powers of such boards, 33
the boards may apply to the circuit courts of the judicial 34
circuit in which such cities may be located, in the name of 35
the state, for a mandamus to compel a compliance with the 36
provisions of this section, and the application thereof 37
shall be heard and decided by the court. One week's notice 38
of the application shall be given, and the respondent or 39
respondents shall have the right to answer within the week; 40
and if testimony be needed on either side, the same shall be 41
taken within ten days after the same is filed, or the week 42
shall be expired. From the decision in the circuit court in 43
the premises either party may appeal within ten days; and it 44
shall be the duty of the clerk of such courts to send up the 45
record immediately, and the appeal shall be heard 46
immediately by the supreme court, if then in session, and if 47 SCS HCS HB 1481 20
not in session, at the next term. In both courts the case 48
shall be taken up and tried in preference to all others. 49
84.200. It shall be the duty of the sheriff of the 1
county or city in which any of the cities to which sections 2
[84.010 to 84.340] 84.012 to 84.342 may apply shall be 3
located, whenever called on for that purpose by said boards, 4
to act under their control for the preservation of the 5
public peace and quiet; and, if ordered by th em to do so, he 6
shall summon the posse comitatus for that purpose, and hold 7
and employ such posse subject to their direction; whenever 8
the exigency or circumstances may, in their judgment, 9
warrant it, the said boards shall have the power to assume 10
the control and command of all conservators of the peace of 11
the county or city in which any of the cities to which 12
sections [84.010 to 84.340] 84.012 to 84.342 may apply, 13
whether sheriff, constable, policemen or others, and they 14
shall act under the orders of the said boards and not 15
otherwise. 16
84.210. 1. It shall be the duty of said boards, 1
annually on or before the last day of February of each year 2
to prepare, in writing, on such forms as may be prescribed 3
for budget preparation pu rposes by such cities for 4
departments of city government, an estimate of the sum of 5
money which will be necessary for the subsequent fiscal 6
year, to enable them to discharge the duties hereby imposed 7
upon them, and to meet the expenses of the police 8
department. Such estimate shall include, but not be limited 9
to, all reasonably anticipated revenues of such boards from 10
all sources including, but not limited to, grants from the 11
federal or state governments, governmental agencies or other 12
grantors and forfeitures of property and proceeds of 13
forfeited property, a table of organization, line items for 14 SCS HCS HB 1481 21
personnel, supplies, maintenance, repairs, services and 15
contractual requirements, and a statement comparing receipts 16
and expenses for the last prior fu ll fiscal year, the 17
current fiscal year, and the fiscal year to which the 18
estimate pertains. Said boards shall forthwith certify such 19
estimate to the board of common council or municipal 20
assembly, as the case may be, of said cities, who are hereby 21
required to set apart and appropriate the amount so 22
certified, payable out of the revenue of said cities, after 23
having first deducted the amount necessary to pay the 24
interest upon the indebtedness of said cities, the amount 25
necessary for the expenses of the city hospital and health 26
department, the amount necessary for lighting the city, and 27
any sum required by law to be placed to the credit of the 28
sinking fund of said cities. During a fiscal year for which 29
an appropriation has been so made, said boar ds shall not 30
transfer funds appropriated for one line item of such 31
appropriation to any other line item without the prior 32
approval of the municipal board of estimate and 33
apportionment. 34
2. The said boards of police commissioners shall pass 35
upon all claims presented against them for the expenses 36
incurred in the discharge of their duties as herein 37
provided, and shall certify, by their president and 38
secretary, all such claims as are entitled to payment and 39
all salary rolls for salaries as provide d in sections 40
[84.010 to 84.340] 84.012 to 84.342, and such claims and 41
salary rolls, when so certified, shall be duly audited and 42
paid by the proper disbursing officer or officers of said 43
cities within five days after being audited, out of any 44
moneys in the city treasury not appropriated to the specific 45
purposes above enumerated; provided, however, that the 46 SCS HCS HB 1481 22
amount of said claims and salary rolls so certified shall 47
not exceed, in any one year, the amount so, as aforesaid, 48
estimated for that year to the common council or municipal 49
assembly of said cities aforesaid. The common council or 50
municipal assembly of said cities shall have no power or 51
authority to levy or collect any taxes or appropriate any 52
money for the payment of any police force, othe r than that 53
organized and employed under sections [84.010 to 84.340] 54
84.012 to 84.342. No officer or servant of the mayor or the 55
common council or municipal assembly of said cities shall 56
disburse any money for the payment of any police force other 57
than that organized and employed under sections [84.010 to 58
84.340] 84.012 to 84.342, and the power of said mayor and 59
common council or municipal assembly to appropriate and 60
disburse money for the payment of the police force organized 61
and employed under s ections [84.010 to 84.340] 84.012 to 62
84.342 shall be exercised as in this section directed and 63
not otherwise. 64
84.225. Any officer or servant of the mayor or common 1
council or municipal assembly of the cities, or other 2
persons whatsoever, who forcibly resists or obstructs the 3
execution or enforcement of any of the provisions of 4
sections 84.012 to 84.342 or relating to the same, or who 5
disburses or fails to disburse any money in violation 6
thereof, or who hinders or obstructs the or ganization or 7
maintenance of the board of police or the police force 8
therein provided to be organized and maintained, or who 9
maintains or controls any police force other than the one 10
therein provided for, or who delays or hinders the due 11
enforcement of sections 84.012 to 84.342 by failing or 12
neglecting to perform the duties by such sections imposed 13
upon him or her, shall be subject to a penalty of one 14 SCS HCS HB 1481 23
thousand dollars for each offense, recoverable by the boards 15
by action at law in the name of the s tate, and shall forever 16
thereafter be disqualified from holding or exercising any 17
office or employment whatsoever under the mayor or common 18
council or municipal assembly of such cities, or under 19
sections 84.012 to 84.342; provided that, nothing in this 20
section shall be construed to interfere with the punishment, 21
under any existing or any future laws of this state, of any 22
criminal offense that is committed by the parties in or 23
about the resistance, obstruction, hindrance, conspiracy, 24
combination, or disbursement aforesaid. 25
84.250. The board shall cause a full journal of their 1
proceedings to be kept, and shall also cause all their 2
receipts and disbursements of money to be faithfully entered 3
in books to be procured and kept for t hat purpose, and said 4
journal, and all said books, and all other documents in 5
possession of said board [, shall always be open to the 6
inspection of the general assembly of the state of Missouri 7
or any committee appointed by it for that purpose ]. It 8
shall be the duty of the board to report to the common 9
council or municipal assembly of the said city at each 10
annual session thereof, the number and expenses of the 11
police force employed by it under sections [84.010 to 12
84.340] 84.012 to 84.342, and all such other matters as may 13
be of public interest, in connection with the duties 14
assigned it by sections [84.010 to 84.340] 84.012 to 84.342. 15
84.325. 1. On August 28, 2024, the board of police 1
commissioners shall assume control of any municipal police 2
force established within any city not within a county, 3
according to the procedures and requirements of this section 4
and any rules promulgated under subsection 6 of this 5
section. The purpose of these procedures and requirements 6 SCS HCS HB 1481 24
is to provide for an orderly and appropriate transition in 7
the governance of the police force and provide for an 8
equitable employment transition for commissioned and 9
civilian personnel. 10
2. Upon the assumption of control by the board of 11
police commissioners under subsection 1 of this section, any 12
municipal police department within any city not within a 13
county shall convey, assign, and otherwise transfer to the 14
board title and ownership of all indebtedness and assets, 15
including, but not limited to, al l funds and real and 16
personal property held in the name of or controlled by the 17
municipal police department. The cities shall execute all 18
documents reasonably required to transfer, convey, or assign 19
ownership and obligations as provided herein. Such city 20
shall thereafter cease the operation of any police 21
department or police force. 22
3. Upon the assumption of control by the board of 23
police commissioners under subsection 1 of this section, the 24
board shall accept responsibility, ownership, and l iability 25
as successor-in-interest for contractual obligations and 26
other lawful obligations of the municipal police department. 27
4. The board of police commissioners shall initially 28
employ, without a reduction in rank, salary, or benefits, 29
all commissioned and civilian personnel of the municipal 30
police department who were employed by the municipal police 31
department immediately prior to the date the board assumed 32
control. The board shall recognize all accrued years of 33
service that such commissio ned and civilian personnel had 34
with the municipal police department, as well as all accrued 35
years of service that such commissioned and civilian 36
personnel had previously with the board of police 37
commissioners. Such personnel shall be entitled to no le ss 38 SCS HCS HB 1481 25
than the holidays, vacation, sick leave, sick bonus time, 39
and annual step-increases they were entitled to as employees 40
of the municipal police department as of August 28, 2024. 41
5. The commissioned and civilian personnel who retire 42
from service with the municipal police department before the 43
board of police commissioners assumed control of the 44
department under subsection 1 of this section shall continue 45
to be entitled to the same pension benefits provided as 46
employees of the municipal police department and the same 47
benefits set forth in subsection 5 of this section. Any 48
police pension system created under chapter 86 for the 49
benefit of a police force established under sections 84.012 50
to 84.342 shall continue to be governed by chapter 86 a nd 51
shall apply to any comprehensive policing plan and any 52
police force established under sections 84.012 to 84.342. 53
Other than any provision that makes chapter 86 applicable to 54
a municipal police force established under sections 84.343 55
to 84.346, nothing in sections 84.012 to 84.342 shall be 56
construed as limiting or changing the rights or benefits 57
provided under chapter 86. 58
6. The board of police commissioners may promulgate 59
all necessary rules and regulations for the implementation 60
and administration of this section. Any rule or portion of 61
a rule, as that term is defined in section 536.010, that is 62
created under the authority delegated in this section shall 63
become effective only if it complies with and is subject to 64
all of the provision s of chapter 536 and, if applicable, 65
section 536.028. This section and chapter 536 are 66
nonseverable and if any of the powers vested with the 67
general assembly pursuant to chapter 536 to review, to delay 68
the effective date, or to disapprove and annul a rule are 69
subsequently held unconstitutional, then the grant of 70 SCS HCS HB 1481 26
rulemaking authority and any rule proposed or adopted after 71
August 28, 2024, shall be invalid and void. 72
84.330. The members of the police force of the cities 1
covered by sections [84.010 to 84.340] 84.012 to 84.342, 2
organized and appointed by the police commissioners of said 3
cities, are hereby declared to be officers of the said 4
cities, under the charter and ordinances thereof, and also 5
to be officers of the state of M issouri, and shall be so 6
deemed and taken in all courts having jurisdiction of 7
offenses against the laws of this state or the ordinances of 8
said cities. 9
84.340. Except as provided under section 590.750, the 1
police [commissioner] chief of the said cities shall have 2
power to regulate and license all private watchmen, private 3
detectives and private policemen, serving or acting as such 4
in said cities, and no person shall act as such private 5
watchman, private detective or private poli ceman in said 6
cities without first having obtained the written license of 7
the president or acting president of said police 8
commissioners of the said cities, under pain of being guilty 9
of a misdemeanor. 10
84.341. No elected or appointe d official of the state 1
or any political subdivision thereof shall act or refrain 2
from acting in any manner to impede, obstruct, hinder, or 3
otherwise interfere with any member of a municipal police 4
force [established under sections 84.343 to 84.346 ] in the 5
performance of his or her job duties, or with any aspect of 6
any investigation arising from the performance of such job 7
duties. This section shall not be construed to prevent such 8
officials from acting within the normal course and scope of 9
their employment or from acting to implement sections 10
[84.343 to 84.346] 84.012 to 84.342. Any person who 11 SCS HCS HB 1481 27
violates this section shall be liable for a penalty of two 12
thousand five hundred dollars for each offense and shall 13
forever be disqualified from holdin g any office or 14
employment whatsoever with the governmental entity the 15
person served at the time of the violation. The penalty 16
shall not be paid by the funds of any committee as the term 17
committee is defined in section 130.011. This section shall 18
not be construed to interfere with the punishment, under any 19
laws of this state, of a criminal offense committed by such 20
officials, nor shall this section apply to duly appointed 21
members of the municipal police force, or their appointing 22
authorities, whose conduct is otherwise provided for by law. 23
84.342. 1. It shall be an unlawful employment 1
practice for an official, employee, or agent of a municipal 2
police force established under sections 84.343 to 84.346 to 3
discharge, demote, re duce the pay of, or otherwise retaliate 4
against an employee of the municipal police force for 5
reporting to any superior, government agency, or the press 6
the conduct of another employee that the reporting employee 7
believes, in good faith, is illegal. 8
2. Any employee of the municipal police force may 9
bring a cause of action for general or special damages based 10
on a violation of this section and such action is in 11
addition to the protections and remedies provided to public 12
employees pursuant to se ction 105.055. 13
105.726. 1. Nothing in sections 105.711 to 105.726 1
shall be construed to broaden the liability of the state of 2
Missouri beyond the provisions of sections 537.600 to 3
537.610, nor to abolish or waive any defense at law which 4
might otherwise be available to any agency, officer, or 5
employee of the state of Missouri. Sections 105.711 to 6 SCS HCS HB 1481 28
105.726 do not waive the sovereign immunity of the state of 7
Missouri. 8
2. The creation of the state legal expense fund and 9
the payment therefrom of such amounts as may be necessary 10
for the benefit of any person covered thereby are deemed 11
necessary and proper public purposes for which funds of this 12
state may be expended. 13
3. Moneys in the state legal expense fund shall not b e 14
available for the payment of any claim or any amount 15
required by any final judgment rendered by a court of 16
competent jurisdiction against a board of police 17
commissioners established under chapter 84, including the 18
commissioners, any police officer, notwithstanding sections 19
84.330 and 84.710, or other provisions of law, other 20
employees, agents, representative, or any other individual 21
or entity acting or purporting to act on its or their 22
behalf. Such was the intent of the general assembly in the 23
original enactment of sections 105.711 to 105.726, and it is 24
made express by this section in light of the decision in 25
Wayman Smith, III, et al. v. State of Missouri, 152 S.W.3d 26
275. Except that the commissioner of administration shall 27
reimburse from the legal expense fund the board of police 28
commissioners established under [section 84.350, and any 29
successor-in-interest established pursuant to section 30
84.344,] chapter 84 for liability claims otherwise eligible 31
for payment under section 105.711 paid by such [board] 32
boards on an equal share basis per claim up to a maximum of 33
one million dollars per fiscal year. 34
4. [Subject to the provisions of subsection 2 of 35
section 84.345,] If the representation of the attorney 36
general is requested by a boa rd of police commissioners [or 37
its successor-in-interest established pursuant to section 38 SCS HCS HB 1481 29
84.344], the attorney general shall represent, investigate, 39
defend, negotiate, or compromise all claims under sections 40
105.711 to 105.726 for the board of police c ommissioners, 41
its successor-in-interest pursuant to section 84.344, any 42
police officer, other employees, agents, representatives, or 43
any other individual or entity acting or purporting to act 44
on their behalf. The attorney general may establish 45
procedures by rules promulgated under chapter 536 under 46
which claims must be referred for the attorney general's 47
representation. The attorney general and the officials of 48
the city which the police board represents [or represented] 49
shall meet and negotiate r easonable expenses or charges that 50
will fairly compensate the attorney general and the office 51
of administration for the cost of the representation of the 52
claims under this section. 53
5. Claims tendered to the attorney general promptly 54
after the claim was asserted as required by section 105.716 55
and prior to August 28, 2005, may be investigated, defended, 56
negotiated, or compromised by the attorney general and full 57
payments may be made from the state legal expense fund on 58
behalf of the entities and individuals described in this 59
section as a result of the holding in Wayman Smith, III, et 60
al. v. State of Missouri, 152 S.W.3d 275. 61
[84.070. A majority of the boards of 1
police shall constitute a quorum; and the 2
failure or refusal o f the mayor or acting mayor 3
of said cities to qualify or act hereunder shall 4
in no wise impair the right or duty of said 5
commissioners to organize and proceed as herein 6
provided in sections 84.010 to 84.340. In case 7
a vacancy shall occur on said boar d, the same 8
shall be filled by the governor of the state of 9
Missouri forthwith, after having been notified 10
that such vacancy exists. ] 11 SCS HCS HB 1481 30
[84.080. Any one of said commissioners, 1
who, during his term of office, shall accept any 2
other place of public trust or emolument, or 3
who, during the same period, shall knowingly 4
receive any nomination for an office elective by 5
the people, without publicly declining same 6
within twenty days succeeding such nomination, 7
or shall become a candidate f or the nomination 8
for any office at the hands of any political 9
party, shall be deemed to thereby forfeit or 10
vacate his office. Any of said commissioners 11
may be removed by the governor of the state of 12
Missouri upon his being fully satisfied that the 13
commissioner is guilty of any official 14
misconduct.] 15
[84.095. All causes of action against the 1
members of the St. Louis board of police 2
commissioners in their official capacity shall 3
be commenced in the circuit court of the City of 4
St. Louis.] 5
[84.110. Eight hours shall constitute the 1
time of regular service for the members of the 2
police force for such cities during any one day 3
of twenty-four hours; but nothing herein shall 4
be so construed as to prevent the bo ards of 5
police commissioners in such cities from 6
suspending the operation of such rule fixing the 7
time of regular daily service of such police 8
officers in case of existing emergencies, and 9
said boards shall have full power to determine 10
the existence and duration of such emergencies, 11
and their finding in respect thereto shall not 12
be subject to review by any other power. ] 13
[84.175. 1. Upon recommendation of the 1
chief of police, the board may authorize and 2
provide for the organiza tion of a police reserve 3
force composed of members who receive a service 4
retirement under the provisions of sections 5
86.200 to 86.366 and who qualify under the 6
provisions of section 84.120. Such reserve 7
force shall be under the command of the chief o f 8
police and shall be provided training, 9 SCS HCS HB 1481 31
equipment, uniforms, and arms as the chief shall 10
direct with the approval of the board. Members 11
of the reserve force shall possess all of the 12
powers of regular police officers and shall be 13
subject to all laws and regulations applicable 14
to police officers; provided, however, that the 15
city council or other governing body of any such 16
city may in its discretion fix a total in number 17
which the reserve force may not exceed. 18
2. In event of riot or other eme rgencies 19
as declared and defined by the mayor, in 20
concurrence with the board, the board, upon 21
recommendation of the chief, may appoint special 22
officers or patrolmen for temporary service in 23
addition to the police reserve force herein 24
provided for, but the length of time for which 25
such officers or patrolmen shall be employed 26
shall be limited to the time during which such 27
emergency shall exist. ] 28
[84.240. The board of police commissioners 1
shall establish the Bertillon system of 2
identification of criminals and others by means 3
of anthropometric indications, and they are 4
further required to employ such additional 5
assistance as may be necessary to properly 6
conduct and manage this department. ] 7
[84.265. The board may appoint such number 1
of women members of the police force as they 2
deem necessary, and such women members shall 3
have and exercise all the powers of the other 4
members of the police force. ] 5
[84.343. 1. Subject to the provisions of 1
sections 84.344 to 84.346, any city not within a 2
county may establish a municipal police force 3
for the purposes of: 4
(1) Preserving the public peace, welfare, 5
and order; 6
(2) Preventing crime and arresting 7
suspected offenders; 8
(3) Enforcing the laws of the state and 9
ordinances of the city; 10 SCS HCS HB 1481 32
(4) Exercising all powers available to a 11
police force under generally applicable state 12
law; and 13
(5) Regulating and licensing all private 14
watchmen, private detectives, and private 15
policemen serving or acting as such in said city. 16
2. Any person who acts as a private 17
watchman, private detective, or private 18
policeman in said cities without having obtained 19
a written license from said cities is guilty of 20
a class A misdemeanor. ] 21
[84.344. 1. Notwithstanding any 1
provisions of this chapter to the contrary, any 2
city not within a county may establish a 3
municipal police force on or after July 1, 2013, 4
according to the procedures and requirements of 5
this section. The purpose of these procedures 6
and requirements is to provide for an orderly 7
and appropriate transition in the governance of 8
the police force and provide for an equitable 9
employment transition for commissioned and 10
civilian personnel. 11
2. Upon the establishment of a municipal 12
police force by a city under sections 84.343 to 13
84.346, the board of police commissioners shall 14
convey, assign, and otherwise transfer to the 15
city title and ownership of all indebtedness and 16
assets, including, but no t limited to, all funds 17
and real and personal property held in the name 18
of or controlled by the board of police 19
commissioners created under sections 84.010 to 20
84.340. The board of police commissioners shall 21
execute all documents reasonably required t o 22
accomplish such transfer of ownership and 23
obligations. 24
3. If the city establishes a municipal 25
police force and completes the transfer 26
described in subsection 2 of this section, the 27
city shall provide the necessary funds for the 28
maintenance of the municipal police force. 29
4. Before a city not within a county may 30
establish a municipal police force under this 31
section, the city shall adopt an ordinance 32 SCS HCS HB 1481 33
accepting responsibility, ownership, and 33
liability as successor -in-interest for 34
contractual obligations, indebtedness, and other 35
lawful obligations of the board of police 36
commissioners subject to the provisions of 37
subsection 2 of section 84.345. 38
5. A city not within a county that 39
establishes a municipal police force shall 40
initially employ, without a reduction in rank, 41
salary, or benefits, all commissioned and 42
civilian personnel of the board of police 43
commissioners created under sections 84.010 to 44
84.340 that were employed by the board 45
immediately prior to the date the municip al 46
police force was established. Such commissioned 47
personnel who previously were employed by the 48
board may only be involuntarily terminated by 49
the city not within a county for cause. The 50
city shall also recognize all accrued years of 51
service that such commissioned and civilian 52
personnel had with the board of police 53
commissioners. Such personnel shall be entitled 54
to the same holidays, vacation, and sick leave 55
they were entitled to as employees of the board 56
of police commissioners. 57
6. Commissioned and civilian personnel of 58
a municipal police force established under this 59
section shall not be subject to a residency 60
requirement of retaining a primary residence in 61
a city not within a county but may be required 62
to maintain a primary residen ce located within a 63
one-hour response time. 64
7. The commissioned and civilian personnel 65
who retire from service with the board of police 66
commissioners before the establishment of a 67
municipal police force under subsection 1 of 68
this section shall c ontinue to be entitled to 69
the same pension benefits provided under chapter 70
86 and the same benefits set forth in subsection 71
5 of this section. 72
8. If the city not within a county elects 73
to establish a municipal police force under this 74
section, the city shall establish a separate 75
division for the operation of its municipal 76 SCS HCS HB 1481 34
police force. The civil service commission of 77
the city may adopt rules and regulations 78
appropriate for the unique operation of a police 79
department. Such rules and regulati ons shall 80
reserve exclusive authority over the 81
disciplinary process and procedures affecting 82
commissioned officers to the civil service 83
commission; however, until such time as the city 84
adopts such rules and regulations, the 85
commissioned personnel sha ll continue to be 86
governed by the board of police commissioner's 87
rules and regulations in effect immediately 88
prior to the establishment of the municipal 89
police force, with the police chief acting in 90
place of the board of police commissioners for 91
purposes of applying the rules and regulations. 92
Unless otherwise provided for, existing civil 93
service commission rules and regulations 94
governing the appeal of disciplinary decisions 95
to the civil service commission shall apply to 96
all commissioned and civi lian personnel. The 97
civil service commission's rules and regulations 98
shall provide that records prepared for 99
disciplinary purposes shall be confidential, 100
closed records available solely to the civil 101
service commission and those who possess 102
authority to conduct investigations regarding 103
disciplinary matters pursuant to the civil 104
service commission's rules and regulations. A 105
hearing officer shall be appointed by the civil 106
service commission to hear any such appeals that 107
involve discipline resultin g in a suspension of 108
greater than fifteen days, demotion, or 109
termination, but the civil service commission 110
shall make the final findings of fact, 111
conclusions of law, and decision which shall be 112
subject to any right of appeal under chapter 536. 113
9. A city not within a county that 114
establishes and maintains a municipal police 115
force under this section: 116
(1) Shall provide or contract for life 117
insurance coverage and for insurance benefits 118
providing health, medical, and disability 119
coverage for commissioned and civilian personnel 120 SCS HCS HB 1481 35
of the municipal police force to the same extent 121
as was provided by the board of police 122
commissioners under section 84.160; 123
(2) Shall provide or contract for medical 124
and life insurance coverage for any commissi oned 125
or civilian personnel who retired from service 126
with the board of police commissioners or who 127
were employed by the board of police 128
commissioners and retire from the municipal 129
police force of a city not within a county to 130
the same extent such medi cal and life insurance 131
coverage was provided by the board of police 132
commissioners under section 84.160; 133
(3) Shall make available medical and life 134
insurance coverage for purchase to the spouses 135
or dependents of commissioned and civilian 136
personnel who retire from service with the board 137
of police commissioners or the municipal police 138
force and deceased commissioned and civilian 139
personnel who receive pension benefits under 140
sections 86.200 to 86.366 at the rate that such 141
dependent's or spouse's c overage would cost 142
under the appropriate plan if the deceased were 143
living; and 144
(4) May pay an additional shift 145
differential compensation to commissioned and 146
civilian personnel for evening and night tours 147
of duty in an amount not to exceed ten pe rcent 148
of the officer's base hourly rate. 149
10. A city not within a county that 150
establishes a municipal police force under 151
sections 84.343 to 84.346 shall establish a 152
transition committee of five members for the 153
purpose of: coordinating and implem enting the 154
transition of authority, operations, assets, and 155
obligations from the board of police 156
commissioners to the city; winding down the 157
affairs of the board; making nonbinding 158
recommendations for the transition of the police 159
force from the board to the city; and other 160
related duties, if any, established by executive 161
order of the city's mayor. Once the ordinance 162
referenced in this section is enacted, the city 163
shall provide written notice to the board of 164 SCS HCS HB 1481 36
police commissioners and the governor of the 165
state of Missouri. Within thirty days of such 166
notice, the mayor shall appoint three members to 167
the committee, two of whom shall be members of a 168
statewide law enforcement association that 169
represents at least five thousand law 170
enforcement officers. The remaining members of 171
the committee shall include the police chief of 172
the municipal police force and a person who 173
currently or previously served as a commissioner 174
on the board of police commissioners, who shall 175
be appointed to the committee b y the mayor of 176
such city.] 177
[84.345. 1. Except as required for the 1
board of police commissioners to conclude its 2
affairs and pursue legal claims and defenses, 3
upon the establishment of a municipal police 4
force, the terms of office of the commissioners 5
of the board of police created under sections 6
84.020 and 84.030 shall expire, and the 7
provisions of sections 84.010 to 84.340 shall 8
not apply to any city not within a county or its 9
municipal police force as of such date. The 10
board shall continue to operate, if necessary, 11
to wind down the board's affairs until the 12
transfer of ownership and obligations under 13
subsection 2 of section 84.344 has been 14
completed. During such time, the board of 15
police commissioners shall designate and 16
authorize its secretary to act on behalf of the 17
board for purposes of performing the board's 18
duties and any other actions incident to the 19
transfer and winding down of the board's affairs. 20
2. For any claim, lawsuit, or other action 21
arising out of actions occurring before the date 22
of completion of the transfer provided under 23
subsection 2 of section 84.344, the state shall 24
continue to provide legal representation as set 25
forth in section 105.726, and the state legal 26
expense fund shall contin ue to provide 27
reimbursement for such claims under section 28
105.726. This subsection applies to all claims, 29
lawsuits, and other actions brought against any 30 SCS HCS HB 1481 37
commissioner, police officer, employee, agent, 31
representative, or any individual or entity 32
acting or purporting to act on its or their 33
behalf. 34
3. Notwithstanding any other provision of 35
law, rule, or regulation to the contrary, any 36
city not within a county that establishes a 37
municipal police force under sections 84.343 to 38
84.346 shall not be restricted or limited in any 39
way in the selection of a police chief or chief 40
of the division created under subsection 8 of 41
section 84.344. 42
4. It shall be the duty of the sheriff for 43
any city not within a county, whenever called 44
upon by the police chief of the municipal police 45
force, to act under the police chief's control 46
for the preservation of the public peace and 47
quiet; and, whenever the exigency or 48
circumstances may, in the police chief's 49
judgment, warrant it, said police chief shall 50
have the power to assume the control and command 51
of all local and municipal conservators of the 52
peace of the city, whether sheriff, constable, 53
policemen or others, and they shall act under 54
the orders of the said police chief and not 55
otherwise.] 56
[84.346. Any police pension system created 1
under chapter 86 for the benefit of a police 2
force established under sections 84.010 to 3
84.340 shall continue to be governed by chapter 4
86, and shall apply to any police force 5
established under section 84.343 to 84.346. 6
Other than any provision that makes chapter 86 7
applicable to a municipal police force 8
established under section 84.343 to 84.346, 9
nothing in sections 84.343 to 84.346 shall be 10
construed as limiting or changing the rig hts or 11
benefits provided under chapter 86. ] 12
[84.347. Notwithstanding the provisions of 1
section 1.140 to the contrary, the provisions of 2
sections 84.343 to 84.346 shall be 3
nonseverable. If any provision of sections 4
84.343 to 84.346 is for any reason held to be 5 SCS HCS HB 1481 38
invalid, such decision shall invalidate all of 6
the remaining provisions of this act. ] 7
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