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7122S.03C
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SENATE COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 1657
AN ACT
To repeal sections 84.160, 84.210, and 84.325, RSMo,
and to enact in lieu thereof three 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, and 84.325, RSMo, are
repealed and three new sections enacted in lieu thereof, to be
known as sections 84.160, 84.210, and 84.325, to read as
follows:
84.160. 1. As of the effective date of this act, the
board of police commissioners shall have the authority to
compute and establish the annual salary of each member of
the police force without receiving prior authorization from
the general assembly, which shall not be less than the
annual salary paid to any member at the time of the
effective date of this act.
2. Each officer of police and patrolman whose regular
assignment requires nonuniformed attire may receive, in
addition to his or her salary, an allowance not to exceed
three hundred sixty dollars per annum payable biweekly.
Notwithstanding the provisions of subsection 1 of this
section to the contrary, no additional compensation or
compensatory time off for overtime, court time, or standby
court time shall be paid or allowed to any officer of the
rank of lieutenant or above. Notwithstanding any other
provision of law to the contrary, nothing in this section
shall prohibit the payment of additional compensation
pursuant to this subsection to officers of the ranks of
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[sergeants] lieutenant and above[, provided that funding for
such compensation shall not:
(1) Be paid from the general funds of either the city
or the board of police commissioners of the city; or
(2) Be] if determined appropriate by the board of
police commissioners and is not violative of any federal law
or other state law.
3. It is the duty of the municipal assembly or common
council of the cities to make the necessary appropriation
for the expenses of the maintenance of the police force
governed by the board of police commissioners, in the manner
provided in section 84.210; except, pursuant to subsection 2
of Section 21 of Article X of the Missouri Constitution,
such municipal assembly or common council shall appropriate
a minimum sum equal to the following percentages of the
city's general revenue:
(1) Twenty-two percent for the period ending December
31, 2025;
(2) Twenty-three percent for the period beginning on
January 1, 2026, and ending on December 31, 2026;
(3) Twenty-four percent for the period beginning on
January 1, 2027, and ending on December 31, 2027; and
(4) Twenty-five percent beginning on January 1, 2028,
and for all subsequent years;
to fund the police force governed by the board of police
commissioners. Any pension and retirement costs shall be
excluded from the calculation of expenses for the
maintenance of the police force for the purposes of the
minimum funding requirements provided in this subsection.
4. Notwithstanding the provisions of subsection 1 of
this section to the contrary, the board of police
commissioners shall pay additional compensation for all
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hours of service rendered by probationary patrolmen,
patrolmen, and sergeants in excess of the established
regular working period, and the rate of compensation shall
be one and one-half times the regular hourly rate of pay to
which each member shall normally be entitled; except that,
the court time and court standby time shall be paid at the
regular hourly rate of pay to which each member shall
normally be entitled. No credit shall be given or
deductions made from payments for overtime for the purpose
of retirement benefits.
5. Notwithstanding the provisions of subsection 1 of
this section to the contrary, probationary patrolmen,
patrolmen, and sergeants shall receive additional
compensation for authorized overtime, court time and court
standby time whenever the total accumulated time exceeds
forty hours. The accumulated forty hours shall be taken as
compensatory time off at the officer's discretion with the
approval of his supervisor.
6. The allowance of compensation or compensatory time
off for court standby time shall be computed at the rate of
one-third of one hour for each hour spent on court standby
time.
7. The board of police commissioners shall effect
programs to provide additional compensation to its employees
for successful completion of academic work at an accredited
college or university, in amounts not to exceed ten percent
of their yearly salaries or for field training officer and
lead officer responsibilities in amounts not to exceed three
percent of their yearly salaries for field training officer
responsibilities and an additional three percent of their
yearly salaries for lead officer responsibilities. The
board may designate up to one hundred fifty employees as
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field training officers and up to fifty employees as lead
officers.
8. The board of police commissioners:
(1) Shall provide or contract for life insurance
coverage and for insurance benefits providing health,
medical and disability coverage for officers and employees
of the department;
(2) Shall provide or contract for insurance coverage
providing salary continuation coverage for officers and
employees of the police department;
(3) Shall provide health, medical, and life insurance
coverage for retired officers and employees of the police
department. Health, medical and life insurance coverage
shall be made available for purchase to the spouses or
dependents of deceased retired officers and employees of the
police department who receive pension benefits pursuant to
sections 86.200 to 86.364 at the rate that such dependent's
or spouse's coverage would cost under the appropriate plan
if the deceased were living;
(4) May pay an additional shift differential
compensation to members of the police force for evening and
night tour of duty in an amount not to exceed ten percent of
the officer's base hourly rate.
9. Notwithstanding the provisions of subsection 1 of
this section to the contrary, the board of police
commissioners shall pay additional compensation to members
of the police force up to and including the rank of police
officer for any full hour worked between the hours of 11:00
p.m. and 7:00 a.m., in amounts equal to ten percent of the
officer's base hourly pay.
10. The board of police commissioners, from time to
time and in its discretion, may pay additional compensation
to police officers, sergeants and lieutenants by paying
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commissioned officers in the aforesaid ranks for
accumulated, unused vacation time. Any such payments shall
be made in increments of not less than forty hours, and at
rates equivalent to the base straight-time rates being
earned by said officers at the time of payment; except that,
no such officer shall be required to accept payment for
accumulated unused vacation time.
84.210. 1. It shall be the duty of said boards,
annually on or before the last day of February of each year
to prepare, in writing, on such forms as may be prescribed
for budget preparation purposes by such cities for
departments of city government, an estimate of the sum of
money which will be necessary for the subsequent fiscal
year, to enable them to discharge the duties hereby imposed
upon them, and to meet the expenses of the police
department. Such estimate shall include, but not be limited
to, all reasonably anticipated revenues of such boards from
all sources including, but not limited to, grants from the
federal or state governments, governmental agencies or other
grantors and forfeitures of property and proceeds of
forfeited property, a table of organization, line items for
personnel, supplies, maintenance, repairs, services and
contractual requirements, and a statement comparing receipts
and expenses for the last prior full fiscal year, the
current fiscal year, and the fiscal year to which the
estimate pertains. Said boards shall forthwith certify such
estimate to the board of common council or municipal
assembly, as the case may be, of said cities, who are hereby
required to set apart and appropriate the amount so
certified, payable out of the revenue of said cities, after
having first deducted the amount necessary to pay the
interest upon the indebtedness of said cities, the amount
necessary for the expenses of the city hospital and health
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department, the amount necessary for lighting the city, and
any sum required by law to be placed to the credit of the
sinking fund of said cities. [During a fiscal year for
which an appropriation has been so made, said boards shall
not transfer funds appropriated for one line item of such
appropriation to any other line item without the prior
approval of the municipal board of estimate and
apportionment] Such budget, when adopted and certified by
the board, shall be the authorization of expenditures for
the purposes set forth therein. No transfer from one
character classification of expenditure in the board budget
to another character classification shall be made without
the approval of such board.
2. The said boards of police commissioners shall pass
upon all claims presented against them for the expenses
incurred in the discharge of their duties as herein
provided, and shall certify, by their president and
secretary, all such claims as are entitled to payment and
all salary rolls for salaries as provided in sections 84.010
to 84.340, and such claims and salary rolls, when so
certified, shall be duly audited and paid by the proper
disbursing officer or officers of said cities within five
days after being audited, out of any moneys in the city
treasury not appropriated to the specific purposes above
enumerated; provided, however, that the amount of said
claims and salary rolls so certified shall not exceed, in
any one year, the amount so, as aforesaid, estimated for
that year to the common council or municipal assembly of
said cities aforesaid. The common council or municipal
assembly of said cities shall have no power or authority to
levy or collect any taxes or appropriate any money for the
payment of any police force, other than that organized and
employed under sections 84.010 to 84.340. No officer or
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servant of the mayor or the common council or municipal
assembly of said cities shall disburse any money for the
payment of any police force other than that organized and
employed under sections 84.010 to 84.340, and the power of
said mayor and common council or municipal assembly to
appropriate and disburse money for the payment of the police
force organized and employed under sections 84.010 to 84.340
shall be exercised as in this section directed and not
otherwise.
84.325. 1. A transition director shall be appointed
by the governor to ensure oversight of an orderly transition
of the control of any municipal police force from any city
not within a county to the board of police commissioners.
The implementation period shall begin on the effective date
of this act, and end no later than July 1, [2026] 2027. The
board of police commissioners shall assume control of any
municipal police force established within any city not
within a county during the implementation period, according
to the procedures and requirements of this section and any
rules promulgated under subsection 6 of this section and as
determined in coordination with the transition director,
local officials, and the board of police commissioners. The
purpose of these procedures and requirements is to ensure
the continuity of operations of the municipal police force
with minimized disruptions to the residents of any city not
within a county, to provide for an orderly and appropriate
transition in the governance of the police force, and to
provide for an equitable employment transition for
commissioned and civilian personnel.
2. Upon the assumption of control by the board of
police commissioners under subsection 1 of this section, any
municipal police department within any city not within a
county shall convey, assign, and otherwise transfer to the
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board title and ownership of all indebtedness and assets,
including, but not limited to, all funds and real and
personal property held in the name of or controlled by the
municipal police department. Such city shall thereafter
cease the operation of any police department or police force.
3. Upon the assumption of control by the board of
police commissioners under subsection 1 of this section, the
[state] board of police commissioners shall accept
responsibility[,] and ownership[, and liability] as
successor-in-interest for contractual obligations [and other
lawful obligations] of the municipal police department.
4. The board of police commissioners shall initially
employ, without a reduction in rank, salary, or benefits,
all commissioned and civilian personnel of the municipal
police department who were employed by the municipal police
department immediately prior to the date the board assumed
control. The board shall recognize all accrued years of
service that such commissioned and civilian personnel had
with the municipal police department, as well as all accrued
years of service that such commissioned and civilian
personnel had previously with the board of police
commissioners. Such personnel shall be entitled to the same
holidays, vacation, sick leave, sick bonus time, and annual
step increases they were entitled to as employees of the
municipal police department.
5. The commissioned and civilian personnel who retire
from service with the municipal police department before the
board of police commissioners assumed control of the
department under subsection 1 of this section shall continue
to be entitled to the same pension benefits provided as
employees of the municipal police department and the same
benefits set forth in subsection 4 of this section. Any
police pension system created under chapter 86 for the
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benefit of a police force established under sections 84.012
to 84.340 shall continue to be governed by chapter 86 and
shall apply to any comprehensive policing plan and any
police force established under sections 84.012 to 84.340.
Other than any provision that makes chapter 86 applicable to
a municipal police force established under sections 84.343
to 84.346, nothing in sections 84.012 to 84.340 shall be
construed as limiting or changing the rights or benefits
provided under chapter 86.
6. The board of police commissioners may promulgate
all necessary rules and regulations for the implementation
and administration of this section. 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
March 26, 2025, shall be invalid and void.