☰ Revisor of Missouri

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS

Chapter 650

Effective - 28 Aug 2014, 3 histories bottom

  650.005.  Department of public safety created — director, appointment — department's duties — rules, procedure. — 1.  There is hereby created a "Department of Public Safety" in charge of a director appointed by the governor with the advice and consent of the senate.  The department's role will be to provide overall coordination in the state's public safety and law enforcement program, to provide channels of coordination with local and federal agencies in regard to public safety, law enforcement and with all correctional and judicial agencies in regard to matters pertaining to its responsibilities as they may interrelate with the other agencies or offices of state, local or federal governments.

  2.  All the powers, duties and functions of the state highway patrol, chapter 43 and others, are transferred by type II transfer to the department of public safety.  The governor by and with the advice and consent of the senate shall appoint the superintendent of the patrol.  With the exception of sections 43.100 to 43.120 relating to financial procedures, the director of public safety shall succeed the state highways and transportation commission in approving actions of the superintendent and related matters as provided in chapter 43.  Uniformed members of the patrol shall be selected in the manner provided by law and shall receive the compensation provided by law.  Nothing in the Reorganization Act of 1974, however, shall be interpreted to affect the funding of appropriations or the operation of chapter 104 relating to retirement system coverage or section 226.160 relating to workers' compensation for members of the patrol.

  3.  All the powers, duties and functions of the supervisor of liquor control, chapter 311 and others, are transferred by type II transfer to the department of public safety.  The supervisor shall be nominated by the department director and appointed by the governor with the advice and consent of the senate.  The supervisor shall appoint such agents, assistants, deputies and inspectors as limited by appropriations.  All employees shall have the qualifications provided by law and may be removed by the supervisor or director of the department as provided in section 311.670.

  4.  All the powers, duties and functions of the safety and fire prevention bureau of the department of public health and welfare are transferred by type I transfer to the director of public safety.

  5.  All the powers, duties and functions of the state fire marshal, chapter 320 and others, are transferred to the department of public safety by a type I transfer.

  6.  All the powers, duties and functions of the law enforcement assistance council administering federal grants, planning and the like relating to Public Laws 90-351, 90-445 and related acts of Congress are transferred by type I transfer to the director of public safety.  The director of public safety shall appoint such advisory bodies as are required by federal laws or regulations.  The council is abolished.

  7.  The director of public safety shall promulgate motor vehicle regulations and be ex officio a member of the safety compact commission in place of the director of revenue and all powers, duties and functions relating to chapter 307 are transferred by type I transfer to the director of public safety.

  8.  The office of adjutant general and the state militia are assigned to the department of public safety; provided, however, nothing herein shall be construed to interfere with the powers and duties of the governor as provided in Article IV, Section 6 of the Constitution of the state of Missouri or chapter 41.

  9.  All the powers, duties and functions of the Missouri boat commission, chapter 306 and others, are transferred by type I transfer to the "Missouri State Water Patrol*", which is hereby created, in the department of public safety.  The Missouri boat commission and the office of secretary to the commission are abolished.  All deputy boat commissioners and all other employees of the commission who were employed on February 1, 1974, shall be transferred to the water patrol without further qualification.  Effective January 1, 2011, all the powers, duties, and functions of the Missouri state water patrol are transferred to the division of water patrol within the Missouri state highway patrol as set out in section 43.390.

  10.  The Missouri veterans's commission, chapter 42, is assigned to the department of public safety.

  11.  Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.  This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2009, shall be invalid and void.

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(L. 1973 1st Ex. Sess. S.B. 1 § 11, A.L. 1985 H.B. 140 § 11, A.L. 1989 S.B. 135, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3, A.L. 1999 S.B. 15, A.L. 2007 H.B. 461, A.L. 2009 H.B. 132, A.L. 2010 H.B. 1868, A.L. 2014 H.B. 1299 Revision)

*"Missouri state water patrol" changed to "water patrol division" by 306.010, 2010.


---- end of effective   28 Aug 2014 ----

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650.005 8/28/2014
650.005 8/28/2010 8/28/2014
650.005 8/28/2009 8/28/2010

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