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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 BILL NO. 1491
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR SCHROER.
6353S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 84.160, 84.210, 84.325, and 105.726, RSMo, and to enact in lieu thereof four
new sections relating to the board of police commissioners.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 84.160, 84.210, 84.325, and 105.726, 1
RSMo, are repealed and four new sections enacted in lieu 2
thereof, to be known as sections 84.160, 84.210, 84.325, and 3
105.726, to read as follows:4
84.160. 1. As of the effective date of this act, the 1
board of police commissioners shall have the authority to 2
compute and establish the annual salary of each member of 3
the police force without receiving prior authorization from 4
the general assembly, which shall not be less than the 5
annual salary paid to any member at the time of the 6
effective date of this act. 7
2. Each officer of police and patrolman whose regular 8
assignment requires nonuniformed attire may receive, in 9
addition to his or her salary, an allowance not to exceed 10
three hundred sixty dollars per annum payable biweekly. 11
Notwithstanding the provisions of subsection 1 of this 12
section to the contrary, no additional compensation or 13
compensatory time off for overtime, court time, or standby 14
court time shall be paid or allowed to any officer of the 15
rank of lieutenant or above. Notwithstanding any other 16
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provision of law to the contrary, nothing in this section 17
shall prohibit the payment of additional compensation 18
pursuant to this subsection to officers of the ranks of 19
sergeants and above, provided that funding for such 20
compensation shall not: 21
(1) Be paid from the general funds of either the city 22
or the board of police commissioners of the city; or 23
(2) Be violative of any federal law or other state law. 24
3. It is the duty of the municipal assembly or common 25
council of the cities to make the necessary appropriation 26
for the expenses of the maintenance of the police force 27
governed by the board of police commissioners, in the manner 28
provided in section 84.210; except, pursuant to subsection 2 29
of Section 21 of Article X of the Missouri Constitution, 30
such municipal assembly or common council shall appropriate 31
a minimum sum equal to the following percentages of the 32
city's general revenue: 33
(1) Twenty-two percent for the period ending December 34
31, 2025; 35
(2) Twenty-three percent for the period beginning on 36
January 1, 2026, and ending on December 31, 2026; 37
(3) Twenty-four percent for the period beginning on 38
January 1, 2027, and ending on December 31, 2027; and 39
(4) Twenty-five percent beginning on January 1, 2028, 40
and for all subsequent years; 41
to fund the police force governed by the board of police 42
commissioners. Any litigation costs, including attorneys' 43
fees due for representation of the board and individual 44
officers, settlements or judgments, and pension and 45
retirement costs shall be excluded from the calculation of 46
expenses for the maintenance of the police force for the 47
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purposes of the minimum funding requirements provided in 48
this subsection. 49
4. Notwithstanding the provisions of subsection 1 of 50
this section to the contrary, the board of police 51
commissioners shall pay additional compensation for all 52
hours of service rendered by probationary patrolmen, 53
patrolmen, and sergeants in excess of the established 54
regular working period, and the rate of compensation shall 55
be one and one-half times the regular hourly rate of pay to 56
which each member shall normally be entitled; except that, 57
the court time and court standby time shall be paid at the 58
regular hourly rate of pay to which each member shall 59
normally be entitled. No credit shall be given or 60
deductions made from payments for overtime for the purpose 61
of retirement benefits. 62
5. Notwithstanding the provisions of subsection 1 of 63
this section to the contrary, probationary patrolmen, 64
patrolmen, and sergeants shall receive additional 65
compensation for authorized overtime, court time and court 66
standby time whenever the total accumulated time exceeds 67
forty hours. The accumulated forty hours shall be taken as 68
compensatory time off at the officer's discretion with the 69
approval of his supervisor. 70
6. The allowance of compensation or compensatory time 71
off for court standby time shall be computed at the rate of 72
one-third of one hour for each hour spent on court standby 73
time. 74
7. The board of police commissioners shall effect 75
programs to provide additional compensation to its employees 76
for successful completion of academic work at an accredited 77
college or university, in amounts not to exceed ten percent 78
of their yearly salaries or for field training officer and 79
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lead officer responsibilities in amounts not to exceed three 80
percent of their yearly salaries for field training officer 81
responsibilities and an additional three percent of their 82
yearly salaries for lead officer responsibilities. The 83
board may designate up to one hundred fifty employees as 84
field training officers and up to fifty employees as lead 85
officers. 86
8. The board of police commissioners: 87
(1) Shall provide or contract for life insurance 88
coverage and for insurance benefits providing health, 89
medical and disability coverage for officers and employees 90
of the department; 91
(2) Shall provide or contract for insurance coverage 92
providing salary continuation coverage for officers and 93
employees of the police department; 94
(3) Shall provide health, medical, and life insurance 95
coverage for retired officers and employees of the police 96
department. Health, medical and life insurance coverage 97
shall be made available for purchase to the spouses or 98
dependents of deceased retired officers and employees of the 99
police department who receive pension benefits pursuant to 100
sections 86.200 to 86.364 at the rate that such dependent's 101
or spouse's coverage would cost under the appropriate plan 102
if the deceased were living; 103
(4) May pay an additional shift differential 104
compensation to members of the police force for evening and 105
night tour of duty in an amount not to exceed ten percent of 106
the officer's base hourly rate. 107
9. Notwithstanding the provisions of subsection 1 of 108
this section to the contrary, the board of police 109
commissioners shall pay additional compensation to members 110
of the police force up to and including the rank of police 111
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officer for any full hour worked between the hours of 11:00 112
p.m. and 7:00 a.m., in amounts equal to ten percent of the 113
officer's base hourly pay. 114
10. The board of police commissioners, from time to 115
time and in its discretion, may pay additional compensation 116
to police officers, sergeants and lieutenants by paying 117
commissioned officers in the aforesaid ranks for 118
accumulated, unused vacation time. Any such payments shall 119
be made in increments of not less than forty hours, and at 120
rates equivalent to the base straight-time rates being 121
earned by said officers at the time of payment; except that, 122
no such officer shall be required to accept payment for 123
accumulated unused vacation time. 124
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 purposes 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
personnel, supplies, maintenance, repairs, services and 15
contractual requirements, and a statement comparing receipts 16
and expenses for the last prior full fiscal year, the 17
current fiscal year, and the fiscal year to which the 18
estimate pertains. Said boards shall forthwith certify such 19
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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 29
which an appropriation has been so made, said boards shall 30
not 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] Such budget, when adopted and certified by 34
the board, shall be the authorization of expenditures for 35
the purposes set forth therein. No transfer from one 36
character classification of expenditure in the board budget 37
to another character classification shall be made without 38
the approval of said board. 39
2. The said boards of police commissioners shall pass 40
upon all claims presented against them for the expenses 41
incurred in the discharge of their duties as herein 42
provided, and shall certify, by their president and 43
secretary, all such claims as are entitled to payment and 44
all salary rolls for salaries as provided in sections 84.010 45
to 84.340, and such claims and salary rolls, when so 46
certified, shall be duly audited and paid by the proper 47
disbursing officer or officers of said cities within five 48
days after being audited, out of any moneys in the city 49
treasury not appropriated to the specific purposes above 50
enumerated; provided, however, that the amount of said 51
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claims and salary rolls so certified shall not exceed, in 52
any one year, the amount so, as aforesaid, estimated for 53
that year to the common council or municipal assembly of 54
said cities aforesaid. The common council or municipal 55
assembly of said cities shall have no power or authority to 56
levy or collect any taxes or appropriate any money for the 57
payment of any police force, other than that organized and 58
employed under sections 84.010 to 84.340. No officer or 59
servant of the mayor or the common council or municipal 60
assembly of said cities shall disburse any money for the 61
payment of any police force other than that organized and 62
employed under sections 84.010 to 84.340, and the power of 63
said mayor and common council or municipal assembly to 64
appropriate and disburse money for the payment of the police 65
force organized and employed under sections 84.010 to 84.340 66
shall be exercised as in this section directed and not 67
otherwise. 68
84.325. 1. A transition director shall be appointed 1
by the governor to ensure oversight of an orderly transition 2
of the control of any municipal police force from any city 3
not within a county to the board of police commissioners. 4
The implementation period shall begin on the effective date 5
of this act, and end no later than July 1, [2026] 2027. The 6
board of police commissioners shall assume control of any 7
municipal police force established within any city not 8
within a county during the implementation period, according 9
to the procedures and requirements of this section and any 10
rules promulgated under subsection 6 of this section and as 11
determined in coordination with the transition director, 12
local officials, and the board of police commissioners. The 13
purpose of these procedures and requirements is to ensure 14
the continuity of operations of the municipal police force 15
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with minimized disruptions to the residents of any city not 16
within a county, to provide for an orderly and appropriate 17
transition in the governance of the police force, and to 18
provide for an equitable employment transition for 19
commissioned and civilian personnel. 20
2. Upon the assumption of control by the board of 21
police commissioners under subsection 1 of this section, any 22
municipal police department within any city not within a 23
county shall convey, assign, and otherwise transfer to the 24
board title and ownership of all indebtedness and assets, 25
including, but not limited to, all funds and real and 26
personal property held in the name of or controlled by the 27
municipal police department. Such city shall thereafter 28
cease the operation of any police department or police force. 29
3. Upon the assumption of control by the board of 30
police commissioners under subsection 1 of this section, the 31
board of police commissioners [state] shall accept 32
responsibility[,] and ownership[, and liability] as 33
successor-in-interest for contractual obligations [and other 34
lawful obligations] of the municipal police department. For 35
any claim, lawsuit, or other action arising out of actions 36
occurring before the date of completion of the transfer 37
provided under subsection 1 of this section, any city not 38
within a county shall continue to provide legal 39
representation and continue to pay all costs, settlements, 40
and judgments associated with such claims, without 41
reimbursement from the state legal expense fund or any 42
offset to the board's minimum appropriation to fund the 43
police force governed by the board of police commissioners 44
pursuant to subsection 3 of section 84.160. 45
4. The board of police commissioners shall initially 46
employ, without a reduction in rank, salary, or benefits, 47
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all commissioned and civilian personnel of the municipal 48
police department who were employed by the municipal police 49
department immediately prior to the date the board assumed 50
control. The board shall recognize all accrued years of 51
service that such commissioned and civilian personnel had 52
with the municipal police department, as well as all accrued 53
years of service that such commissioned and civilian 54
personnel had previously with the board of police 55
commissioners. Such personnel shall be entitled to the same 56
holidays, vacation, sick leave, sick bonus time, and annual 57
step increases they were entitled to as employees of the 58
municipal police department. 59
5. The commissioned and civilian personnel who retire 60
from service with the municipal police department before the 61
board of police commissioners assumed control of the 62
department under subsection 1 of this section shall continue 63
to be entitled to the same pension benefits provided as 64
employees of the municipal police department and the same 65
benefits set forth in subsection 4 of this section. Any 66
police pension system created under chapter 86 for the 67
benefit of a police force established under sections 84.012 68
to 84.340 shall continue to be governed by chapter 86 and 69
shall apply to any comprehensive policing plan and any 70
police force established under sections 84.012 to 84.340. 71
Other than any provision that makes chapter 86 applicable to 72
a municipal police force established under sections 84.343 73
to 84.346, nothing in sections 84.012 to 84.340 shall be 74
construed as limiting or changing the rights or benefits 75
provided under chapter 86. 76
6. The board of police commissioners may promulgate 77
all necessary rules and regulations for the implementation 78
and administration of this section. Any rule or portion of 79
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a rule, as that term is defined in section 536.010, that is 80
created under the authority delegated in this section shall 81
become effective only if it complies with and is subject to 82
all of the provisions of chapter 536 and, if applicable, 83
section 536.028. This section and chapter 536 are 84
nonseverable and if any of the powers vested with the 85
general assembly pursuant to chapter 536 to review, to delay 86
the effective date, or to disapprove and annul a rule are 87
subsequently held unconstitutional, then the grant of 88
rulemaking authority and any rule proposed or adopted after 89
March 26, 2025, shall be invalid and void. 90
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
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 be 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
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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 boards of police 28
commissioners established under chapter 84 for liability 29
claims otherwise eligible for payment under section 105.711 30
paid by such boards on an equal share basis per claim up to 31
a collective maximum of two million dollars per fiscal year. 32
4. If the representation of the attorney general is 33
requested by a board of police commissioners, the attorney 34
general shall represent, investigate, defend, negotiate, or 35
compromise all claims under sections 105.711 to 105.726 for 36
the board of police commissioners, any police officer, other 37
employees, agents, representatives, or any other individual 38
or entity acting or purporting to act on their behalf. The 39
attorney general may establish procedures by rules 40
promulgated under chapter 536 under which claims must be 41
referred for the attorney general's representation. The 42
attorney general and the officials of the city which the 43
police board represents shall meet and negotiate reasonable 44
expenses or charges that will fairly compensate the attorney 45
general and the office of administration for the cost of the 46
representation of the claims under this section. 47
5. Claims tendered to the attorney general promptly 48
after the claim was asserted as required by section 105.716 49
and prior to August 28, 2005, may be investigated, defended, 50
negotiated, or compromised by the attorney general and full 51
payments may be made from the state legal expense fund on 52
behalf of the entities and individuals described in this 53
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section as a result of the holding in Wayman Smith, III, et 54
al. v. State of Missouri, 152 S.W.3d 275. 55
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