Chapter 650 Department of Public Safety

650.275 - Inspection fees.

Steven Groce, Attorney Advertisement

1.The board, in consultation with the director, shall set the amount of the fees authorized by the provisions of sections 650.200 to 650.290, by rule or regulation promulgated in accordance with the provisions of section 536.021. The fees shall be set at a level which reflects the average fees from at least seventy-five percent of states which regulate boilers and pressure vessels.Additional surveys, when required, shall not be performed prior to the biennial anniversary of the last survey.

2.The owner or user of a boiler or pressure vessel required by sections 650.200 to 650.290 to be inspected by the chief inspector, or his deputy inspector, shall pay a fee in accordance with the fee schedule adopted pursuant to the provisions of subsection 1 of this section when invoiced by the chief inspector.

3.The chief inspector shall transfer all fees so received to the director.

(L. 1984 H.B. 1060 § 17, A.L. 1990 S.B. 493 & 520)

650.396 - Tax authorized, when, amount.

A county in which an emergency communications system commission has been established may, by a majority vote of the qualified voters voting thereon, levy and collect a tax on the taxable real property in the district, not to exceed six cents per one hundred dollars of assessed valuation to accomplish any of the following purposes:

(1)The provision of necessary funds to establish, operate and maintain an emergency communications system to serve the county in which the commission is located; and

(2)The provision of funds to supplement existing funds for the operation and maintenance of an existing emergency communications system in the county in which the commission is located.

(L. 2002 S.B. 795)

650.475 - Prohibiting or restricting communication with federal authorities regarding citizenship or immigration, unlawful when — attorney general to issue opinion, when — rights of public employees.

1.Notwithstanding any other provision of law, no government entity, political subdivision, or government official within the state of Missouri shall prohibit, or in any way restrict, any government entity or official from communicating or cooperating with the United States Bureau of Immigration and Customs Enforcement regarding the citizenship or immigration status, lawful or unlawful, of any individual.

2.Municipalities and political subdivisions may collect and share the identity of persons by the same means the Federal Bureau of Investigation or its successor agency uses in its Integrated Automated Fingerprint Identification System or its successor program.

3.Notwithstanding any other provision of law, no person or agency within the state of Missouri shall prohibit, or in any way restrict, a public employee from doing any of the following with respect to information regarding the immigration status, lawful or unlawful, of any individual:

(1)Sending such information to, or requesting or receiving such information from, the United States Bureau of Immigration and Customs Enforcement;

(2)Maintaining such information; or

(3)Exchanging such information with any other federal, state, or local government entity.

4.Upon the complaint of any state resident regarding a specific government entity, agency, or political subdivision of this state or prior to the provision of funds or awarding of any grants to a government entity, agency, or political subdivision of this state, any member of the general assembly may request that the attorney general of the state of Missouri issue an opinion stating whether the government entity, agency, or political subdivision has current policies in contravention of subsections 1 and 3 of this section.

5.No state agency or department shall provide any funding or award any monetary grants to any government entity, agency, or political subdivision determined under subsection 4 of this section to have a policy in contravention of subsections 1 and 3 of this section until the policy is repealed or no longer in effect.

6.The provisions of subsections 1 and 3 of this section shall not apply to any state or local agency administering one or more federal public benefit programs as such term is defined in 8 U.S.C. Section 1612.

(L. 2008 H.B. 1549, et al. § 650.681)

Effective 1-01-09

650.520 - Law enforcement, suspects in the killing or seriously wounding of, alert system created — department to develop and administer — false report, penalty.

1.There is hereby created a statewide program called the "Blue Alert System" referred to in this section as the "system" to aid in the identification, location, and apprehension of any individual or individuals suspected of killing or seriously wounding any local, state, or federal law enforcement officer.

2.For the purposes of this section, "law enforcement officer" means any public servant having both the power and duty to make arrests for violations of the laws of this state, and federal law enforcement officers authorized to carry firearms and to make arrests for violations of the laws of the United States.

3.The department of public safety shall develop regions to provide the system.The department of public safety shall coordinate local law enforcement agencies and public commercial television and radio broadcasters to provide an effective system.In the event that a local law enforcement agency opts not to set up a system and a killing or serious wounding of a law enforcement officer occurs within the jurisdiction, it shall notify the department of public safety who will notify local media in the region.

4.The blue alert system shall include all state agencies capable of providing urgent and timely information to the public together with broadcasters and other private entities that volunteer to participate in the dissemination of urgent public information.At a minimum, the blue alert system shall include the department of public safety, highway patrol, department of transportation, and Missouri lottery.

5.The department of public safety shall have the authority to develop, implement, and manage the blue alert system.

6.Participation in a blue alert system is entirely at the option of local law enforcement agencies, federally licensed radio and television broadcasters, and other private entities that volunteer to participate in the dissemination of urgent public information.

7.Any person who knowingly makes a false report that triggers an alert under this section is guilty of a class A misdemeanor; except that, if the false report results in serious physical injury or death, such person is guilty of a class E felony.

8.The department of public safety may promulgate rules for the implementation of the blue alert system.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, 2017, shall be invalid and void.

(L. 2017 S.B. 34)

650.020 - Operation payback — reimbursement for crime tips — rules.

1.A program to be called "Operation Payback" is hereby established within the department of public safety.Subject to appropriation, "operation payback" may upon request by a crime tip organization, reimburse such organization up to two hundred fifty dollars per reward paid by the organization for a drug-related crime tip involving the sale or manufacture of methamphetamine that leads to a methamphetamine seizure.

2.A crime tip organization is a community-based partnership between the community, law enforcement and the media to work together in the community's fight against crime by encouraging citizens via cash rewards and anonymity to provide law enforcement information leading to the arrest of criminals.

3.The director of the department of public safety may authorize expenditures to reimburse a crime tip organization if such organization satisfies the following requirements:

(1)The organization must demonstrate that it has an active board of directors including at least one representative of the community's municipal or county law enforcement agency;

(2)The organization must be registered with the department of public safety prior to application for funds; and

(3)The organization must provide documentation of payment for a drug-related tip involving the sale or manufacture of methamphetamine and proof that the tip led to a methamphetamine and proof that the tip led to a methamphetamine seizure.

4.Under no circumstance may a crime tip organization receive more than five thousand dollars during any fiscal year.

5.The department of public safety shall promulgate such rules and regulations as are necessary for the administration of this section, pursuant to chapter 536 and section 650.005.

(L. 1998 H.B. 1147, et al. § 7)

650.120 - Grants to fund investigations of internet sex crimes against children — fund created — panel, membership, terms — local matching amounts — priorities — training standards — information sharing — panel recommendation — power of arrest — sunset provision.

1.There is hereby created in the state treasury the "Cyber Crime Investigation Fund".The treasurer shall be custodian of the fund and may approve disbursements from the fund in accordance with sections 30.170 and 30.180.The department of public safety shall be the administrator of the fund.Moneys in the fund shall be used solely for the administration of the grant program established under this section.Notwithstanding the provisions of section 33.080 to the contrary, any moneys remaining in the fund at the end of the biennium shall not revert to the credit of the general revenue fund.The state treasurer shall invest moneys in the fund in the same manner as other funds are invested.Any interest and moneys earned on such investments shall be credited to the fund.

2.The department of public safety shall create a program to distribute grants to multijurisdictional internet cyber crime law enforcement task forces, multijurisdictional enforcement groups, as defined in section 650.153*, that are investigating internet sex crimes against children, and other law enforcement agencies.The program shall be funded by the cyber crime investigation fund created under subsection 1 of this section.Not more than three percent of the money in the fund may be used by the department to pay the administrative costs of the grant program.The grants shall be awarded and used to pay the salaries of detectives and computer forensic personnel whose focus is investigating internet sex crimes against children, including but not limited to enticement of a child, possession or promotion of child pornography, provide funding for the training of law enforcement personnel and prosecuting and circuit attorneys as well as their assistant prosecuting and circuit attorneys, and purchase necessary equipment, supplies, and services.The funding for such training may be used to cover the travel expenses of those persons participating.

3.A panel is hereby established in the department of public safety to award grants under this program and shall be comprised of the following members:

(1)The director of the department of public safety, or his or her designee;

(2)Two members appointed by the director of the department of public safety from a list of six nominees submitted by the Missouri Police Chiefs Association;

(3)Two members appointed by the director of the department of public safety from a list of six nominees submitted by the Missouri Sheriffs' Association;

(4)Two members of the state highway patrol appointed by the director of the department of public safety from a list of six nominees submitted by the Missouri State Troopers Association;

(5)One member of the house of representatives appointed by the speaker of the house of representatives; and

(6)One member of the senate appointed by the president pro tem.

The panel members who are appointed under subdivisions (2), (3), and (4) of this subsection shall serve a four-year term ending four years from the date of expiration of the term for which his or her predecessor was appointed.However, a person appointed to fill a vacancy prior to the expiration of such a term shall be appointed for the remainder of the term.Such members shall hold office for the term of his or her appointment and until a successor is appointed.The members of the panel shall receive no additional compensation but shall be eligible for reimbursement for mileage directly related to the performance of panel duties.

4.Local matching amounts, which may include new or existing funds or in-kind resources including but not limited to equipment or personnel, are required for multijurisdictional internet cyber crime law enforcement task forces and other law enforcement agencies to receive grants awarded by the panel.Such amounts shall be determined by the state appropriations process or by the panel.

5.When awarding grants, priority should be given to newly hired detectives and computer forensic personnel.

6.The panel shall establish minimum training standards for detectives and computer forensic personnel participating in the grant program established in subsection 2 of this section.

7.Multijurisdictional internet cyber crime law enforcement task forces and other law enforcement agencies participating in the grant program established in subsection 2 of this section shall share information and cooperate with the highway patrol and with existing internet crimes against children task force programs.

8.The panel may make recommendations to the general assembly regarding the need for additional resources or appropriations.

9.The power of arrest of any peace officer who is duly authorized as a member of a multijurisdictional internet cyber crime law enforcement task force shall only be exercised during the time such peace officer is an active member of such task force and only within the scope of the investigation on which the task force is working.Notwithstanding other provisions of law to the contrary, such task force officer shall have the power of arrest, as limited in this subsection, anywhere in the state and shall provide prior notification to the chief of police of a municipality or the sheriff of the county in which the arrest is to take place.If exigent circumstances exist, such arrest may be made and notification shall be made to the chief of police or sheriff as appropriate and as soon as practical.The chief of police or sheriff may elect to work with the multijurisdictional internet cyber crime law enforcement task force at his or her option when such task force is operating within the jurisdiction of such chief of police or sheriff.

10.Under section 23.253 of the Missouri sunset act:

(1)The provisions of the new program authorized under this section shall be reauthorized on August 28, 2014, and shall expire on December 31, 2024, unless reauthorized by an act of the general assembly; and

(2)If such program is reauthorized, the program authorized under this section shall sunset automatically twelve years after the effective date of the reauthorization of this section; and

(3)This section shall terminate on September first of the calendar year immediately following the calendar year in which the program authorized under this section is sunset.

(L. 2006 H.B. 1698, et al., A.L. 2007 H.B. 41, A.L. 2008 S.B. 714, et al. merged with S.B. 932, A.L. 2014 H.B. 1231 merged with H.B. 1298 Revision merged with S.B. 621)

Program reauthorized 8-28-14

Expires 12-31-24

Termination date 9-01-25

*Section 195.503 was transferred to section 650.153 by S.B. 491, 2014, effective 1-01-17.

650.320 - Definitions.

For the purposes of sections 650.320 to 650.340, the following terms mean:

(1)"Board", the Missouri 911 service board established in section 650.325;

(2)"Public safety answering point", the location at which 911 calls are answered;

(3)"Telecommunicator", any person employed as an emergency telephone worker, call taker or public safety dispatcher whose duties include receiving, processing or transmitting public safety information received through a 911 public safety answering point.

(L. 1999 S.B. 436, A.L. 2017 S.B. 503)

650.220 - Boilers and pressure vessels to conform to rules, exceptions.

No power boiler, low pressure boiler or pressure vessel which does not conform to the rules and regulations formulated by the board governing new construction and installation shall be installed and operated in this state after twelve months from the date upon which the first rules and regulations under sections 650.200 to 650.290 pertaining to new construction and installation have become effective, unless the boiler or pressure vessel is of a special design or construction, and is not inconsistent with the spirit and safety objectives of the rules and regulations, in which case a special installation and operating permit may at its discretion be granted by the board.

(L. 1984 H.B. 1060 § 5)

650.030 - State firearms training and qualification standard for retired law enforcement officers carrying concealed weapons, rules.

The director of public safety shall have authority to establish a state firearms training and qualification standard for retired law enforcement officers carrying concealed firearms pursuant to 18 U.S.C. 926C of the Law Enforcement Officers Safety Act of 2004, and shall promulgate rules for the implementation of this state standard as required by 18 U.S.C.Section 926C(d)(2)(B).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, 2005, shall be invalid and void.

(L. 2005 H.B. 353)

650.230 - Exemptions.

1.Sections 650.200 to 650.290 shall not apply to the following boilers and pressure vessels:

(1)Boilers and pressure vessels under federal control or subject to inspection or regulation by a federal or state agency;

(2)Pressure vessels used for the transportation and storage of compressed gases or liquefied petroleum gases which comply with the standards promulgated by the National Fire Protection Association as adopted pursuant to chapter 323 or the United States Department of Transportation regulations, as appropriate to the use of the vessel;

(3)Pressure vessels located on vehicles operating under the rule of other state authorities and used for carrying passengers or freight;

(4)Pressure vessels installed on the right-of-way of railroads and used directly in the operation of trains;

(5)Pressure vessels that do not exceed:

(a)An operating pressure of fifteen psig;

(b)One and one-half cubic feet in volume with no limitation on pressure;

(c)An inside diameter of six inches with no limitation on pressure; or

(d)An operating pressure of two hundred psig or ten cubic feet in volume;

(6)Vessels with a nominal water containing capacity of one hundred twenty gallons or less for containing water under pressure, including those containing air, the compression of which serves only as a cushion;

(7)Boilers and pressure vessels located on farms and used solely for agricultural purposes;

(8)Any boiler constructed, reconstructed or maintained as a personal hobby or for other recreation purposes; and

(9)Vessels containing water and operating as water softeners, water filters, dealkalizers, demineralizers and cold water storage tanks when:

(a)The temperature of the water in the vessel does not exceed one hundred twenty degrees Fahrenheit; and

(b)Heat is not applied to the water prior to entering the vessel or to the vessel itself; and

(c)The pressure of the water in the vessel does not exceed one hundred fifty psig; and

(d)The vessel does not contain any hazardous, toxic or explosive material.

2.The following boilers and pressure vessels shall be exempt from the requirements of sections 650.260 to 650.275:

(1)Boilers or pressure vessels located in canneries and used solely for canning purposes;

(2)Steam boilers used for heating purposes carrying a pressure of not more than fifteen psig, and which are located in private residences or in apartment houses of less than six families and steam boilers used for heating purposes carrying a pressure of not more than ten psig and having a rating of not to exceed one thousand two hundred square feet of radiation;

(3)Hot water heating boilers carrying pressure of not more than thirty psig, and which are located in private residences or in apartment houses of less than six families, and hot water heating boilers carrying pressure of not more than twenty psig, and having a rating of not to exceed two thousand square feet of radiation;

(4)Steam boilers of a miniature model locomotive or boat or tractor or stationary engine constructed and maintained as a hobby and not for commercial use, having an inside diameter not to exceed twelve inches and a grate area not to exceed one and one-half feet and that is equipped with a safety valve of adequate capacity, a water level indicator and a pressure gauge;

(5)Hot water supply boilers operated at pressures not exceeding one hundred sixty psig, or temperatures not exceeding two hundred fifty degrees Fahrenheit which are located in private residences or in apartment houses of less than six family units;

(6)Service water heaters or domestic type water heaters having a nominal water containing capacity not in excess of one hundred twenty gallons, a heat input not in excess of two hundred thousand British thermal units per hour and used exclusively for heating service water to a temperature not in excess of two hundred ten degrees Fahrenheit;

(7)Pressure vessels containing only water under pressure for domestic supply purposes, including those containing air, the compression of which serves only as a cushion or airlift pumping system, when located in private residences or in apartment houses of less than six family units.

(L. 1984 H.B. 1060 § 7, A.L. 1990 S.B. 493 & 520, A.L. 2012 H.B. 1251 merged with H.B. 1647)

650.330 - Board members, duties — department of public safety to provide staff — rulemaking authority.

1.The board shall consist of fifteen members, one of which shall be chosen from the department of public safety, and the other members shall be selected as follows:

(1)One member chosen to represent an association domiciled in this state whose primary interest relates to municipalities;

(2)One member chosen to represent the Missouri 911 Directors Association;

(3)One member chosen to represent emergency medical services and physicians;

(4)One member chosen to represent an association with a chapter domiciled in this state whose primary interest relates to a national emergency number;

(5)One member chosen to represent an association whose primary interest relates to issues pertaining to fire chiefs;

(6)One member chosen to represent an association with a chapter domiciled in this state whose primary interest relates to issues pertaining to public safety communications officers;

(7)One member chosen to represent an association whose primary interest relates to issues pertaining to police chiefs;

(8)One member chosen to represent an association domiciled in this state whose primary interest relates to issues pertaining to sheriffs;

(9)One member chosen to represent counties of the second, third, and fourth classification;

(10)One member chosen to represent counties of the first classification, counties with a charter form of government, and cities not within a county;

(11)One member chosen to represent telecommunications service providers;

(12)One member chosen to represent wireless telecommunications service providers;

(13)One member chosen to represent voice over internet protocol service providers; and

(14)One member chosen to represent the governor's council on disability established under section 37.735.

2.Each of the members of the board shall be appointed by the governor with the advice and consent of the senate for a term of four years.Members of the committee may serve multiple terms.No corporation or its affiliate shall have more than one officer, employee, assign, agent, or other representative serving as a member of the board.Notwithstanding subsection 1 of this section to the contrary, all members appointed as of August 28, 2017, shall continue to serve the remainder of their terms.

3.The board shall meet at least quarterly at a place and time specified by the chairperson of the board and it shall keep and maintain records of such meetings, as well as the other activities of the board.Members shall not be compensated but shall receive actual and necessary expenses for attending meetings of the board.

4.The board shall:

(1)Organize and adopt standards governing the board's formal and informal procedures;

(2)Provide recommendations for primary answering points and secondary answering points on technical and operational standards for 911 services;

(3)Provide recommendations to public agencies concerning model systems to be considered in preparing a 911 service plan;

(4)Provide requested mediation services to political subdivisions involved in jurisdictional disputes regarding the provision of 911 services, except that the board shall not supersede decision-making authority of local political subdivisions in regard to 911 services;

(5)Provide assistance to the governor and the general assembly regarding 911 services;

(6)Review existing and proposed legislation and make recommendations as to changes that would improve such legislation;

(7)Aid and assist in the timely collection and dissemination of information relating to the use of a universal emergency telephone number;

(8)Perform other duties as necessary to promote successful development, implementation and operation of 911 systems across the state, including monitoring federal and industry standards being developed for next-generation 911 systems;

(9)Designate a state 911 coordinator who shall be responsible for overseeing statewide 911 operations and ensuring compliance with federal grants for 911 funding;

(10)Elect the chair from its membership;

(11)Apply for and receive grants from federal, private, and other sources;

(12)Report to the governor and the general assembly at least every three years on the status of 911 services statewide, as well as specific efforts to improve efficiency, cost-effectiveness, and levels of service;

(13)Conduct and review an annual survey of public safety answering points in Missouri to evaluate potential for improved services, coordination, and feasibility of consolidation;

(14)Make and execute contracts or any other instruments and agreements necessary or convenient for the exercise of its powers and functions, including for the development and implementation of an emergency services internet protocol network that can be shared by all public safety agencies;

(15)Develop a plan and timeline of target dates for the testing, implementation, and operation of a next-generation 911 system throughout Missouri.The next-generation 911 system shall allow for the processing of electronic messages including, but not limited to, electronic messages containing text, images, video, or data;

(16)Administer and authorize grants and loans under section 650.335 to those counties and any home rule city with more than fifteen thousand but fewer than seventeen thousand inhabitants and partially located in any county of the third classification without a township form of government and with more than thirty-seven thousand but fewer than forty-one thousand inhabitants that can demonstrate a financial commitment to improving 911 services by providing at least a fifty percent match and demonstrate the ability to operate and maintain ongoing 911 services.The purpose of grants and loans from the 911 service trust fund shall include:

(a)Implementation of 911 services in counties of the state where services do not exist or to improve existing 911 systems;

(b)Promotion of consolidation where appropriate;

(c)Mapping and addressing all county locations;

(d)Ensuring primary access and texting abilities to 911 services for disabled residents;

(e)Implementation of initial emergency medical dispatch services, including prearrival medical instructions in counties where those services are not offered as of July 1, 2019; and

(f)Development and implementation of an emergency services internet protocol network that can be shared by all public safety agencies;

(17)Develop an application process including reporting and accountability requirements, withholding a portion of the grant until completion of a project, and other measures to ensure funds are used in accordance with the law and purpose of the grant, and conduct audits as deemed necessary;

(18)Set the percentage rate of the prepaid wireless emergency telephone service charges to be remitted to a county or city as provided under subdivision (5) of subsection 3 of section 190.460;

(19)Retain in its records proposed county plans developed under subsection 10 of section 190.455 and notify the department of revenue that the county has filed a plan that is ready for implementation;

(20)Notify any communications service provider, as defined in section 190.400, that has voluntarily submitted its contact information when any update is made to the centralized database established under section 190.475 as a result of a county or city establishing or modifying a tax or monthly fee no less than ninety days prior to the effective date of the establishment or modification of the tax or monthly fee;

(21)Establish criteria for consolidation prioritization of public safety answering points; and

(22)In coordination with existing public safety answering points, by December 31, 2018, designate no more than eleven regional 911 coordination centers which shall coordinate statewide interoperability among public safety answering points within their region through the use of a statewide 911 emergency services network.

5.The department of public safety shall provide staff assistance to the board as necessary in order for the board to perform its duties pursuant to sections 650.320 to 650.340.The board shall have the authority to hire consultants to administer the provisions of sections 650.320 to 650.340.

6.The board shall promulgate rules and regulations that are reasonable and necessary to implement and administer the provisions of sections 650.320 to 650.340.Any rule or portion of a rule, as that term is defined in section 536.010, shall become effective only if it has been promulgated pursuant to the provisions of chapter 536.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, 2017, shall be invalid and void.

(L. 1997 H.B. 816, A.L. 1999 S.B. 436, A.L. 2017 S.B. 503, A.L. 2018 H.B. 1456)

650.165 - Report required, when.

The director shall report annually, no later than January first of each year, to the governor and the general assembly on the operations of the multijurisdictional enforcement groups, including a breakdown of the appropriation for the current fiscal year indicating the amount of the state grant each MEG received or will receive.

(L. 1993 S.B. 180 § 6, A.L. 2014 S.B. 491)

Transferred 2014; formerly 195.511; Effective 1-01-17

650.265 - Inspection report, filed with chief inspector, when — inspection records, how maintained — annual statement, filed, where, fee — inspection certificate, suspended, reinstated, when.

1.Each company employing special inspectors, except a company operating pressure vessels covered by owner or user inspection service meeting the requirements of subsection 1 of section 650.245, shall, within thirty days following each certificate inspection made by the inspectors, file a report of the inspection with the chief inspector upon appropriate forms as promulgated by the National Board of Boiler and Pressure Vessel Inspectors.The filing of reports of external inspections shall not be required except when the inspections disclose that the boiler or pressure vessel is in a dangerous condition.If the report filed pursuant to this subsection indicates that the boiler or pressure vessel is found to comply with the applicable rules and regulations, the owner or user shall pay a fee in accordance with the fee schedule adopted pursuant to the provisions of subsection 1 of section 650.275, and an inspection certificate shall be issued indicating the date of the inspection and the maximum pressure under which the boiler or pressure vessel may be operated.

2.Each company operating pressure vessels covered by owner or user inspection service meeting the requirements of subsection 1 of section 650.245 shall maintain in its files an inspection record which shall list, by number and such abbreviated description as may be necessary for identification, each pressure vessel covered by sections 650.200 to 650.290, the date of the last inspection of each such unit, and for each pressure vessel the approximate date for the next inspection thereof arrived at by applying the appropriate rules therefor to all data available at the time the inspection record is compiled.The inspection record shall be readily available for examination by the chief inspector or his authorized representative during business hours.Each such company shall, in addition, file annually with the chief inspector a statement, signed by the engineer having supervision over the inspections made during the period covered thereby, stating the number of vessels covered by sections 650.200 to 650.290 inspected during the year and certifying that each inspection was conducted pursuant to the inspection standards provided for by sections 650.200 to 650.290.The annual statement shall be accompanied by a filing fee in accordance with the fee schedule adopted pursuant to the provisions of subsection 1 of section 650.275.

3.No inspection certificate issued for an insured boiler or pressure vessel based upon a report of a special inspector shall be valid after the boiler or pressure vessel for which it was issued shall cease to be insured by a company duly authorized by this state to provide the insurance.

4.The director or his authorized representative may at any time suspend an inspection certificate when, in his opinion, the boiler or pressure vessel for which it was issued cannot be operated without menace to the public safety, or when the boiler or pressure vessel is found not to comply with the rules and regulations formulated by the board.Each suspension of an inspection certificate shall continue in effect until the boiler or pressure vessel has been made to conform to the rules and regulations of the board, and until the inspection certificate has been reinstated.

(L. 1984 H.B. 1060 § 15, A.L. 1990 S.B. 493 & 520)

650.161 - Eligibility for state grants — department of public safety to monitor units.

1.A multijurisdictional enforcement group which meets the minimum criteria established in this section is eligible to receive state grants to help defray the costs of operation.

2.To be eligible for state grants, a MEG shall:

(1)Be established and operating pursuant to intergovernmental contracts written and executed in conformity by law, and involve two or more units of local government;

(2)Establish a MEG policy board composed of an elected official, or his designee, and the chief law enforcement officer from each participating unit of local government and a representative of a hazardous materials response team or, if such team is not formed, then a representative of the local fire response agency, to oversee the operations of the MEG and make such reports to the department of public safety as the department may require;

(3)Designate a single appropriate official of a participating unit of local government to act as the financial officer of the MEG for all participating units of the local government and to receive funds for the operation of the MEG;

(4)Limit its target operation to enforcement of drug laws;

(5)Cooperate with the department of public safety in order to assure compliance with sections 650.150 to 650.165 and to enable the department to fulfill its duties under sections 650.150 to 650.165 and supply the department with all information the department deems necessary therefor;

(6)Cooperate with the local hazardous material response team to establish a local emergency response strategy.

3.The department of public safety shall monitor the operations of all MEG units which receive state grants.From the moneys appropriated annually, if funds are made available by the general assembly for this purpose, the director shall determine and certify to the auditor the amount of the grant to be made to each designated MEG financial officer.No provision of this section shall prohibit funding of multijurisdictional enforcement groups by sources other than those provided by the general assembly, if such funding is in accordance with and in such a manner as provided by law.

(L. 1993 S.B. 180 § 5, A.L. 1999 S.B. 207, A.L. 2014 S.B. 491)

Transferred 2014; formerly 195.509; Effective 1-01-17

650.210 - Board, created — members, appointment, qualifications, expenses — meetings, when, where.

1.There is hereby created within the department of public safety a "Board of Boiler and Pressure Vessel Rules", which shall hereafter be referred to as the board, consisting of seven members who shall be appointed by the governor with the advice and consent of the senate, one for a term of one year, two for a term of two years, two for a term of three years, and two for a term of four years.At the expiration of their respective terms of office, they, or their successors identifiable with the same interest respectively as hereinafter provided, shall be appointed for terms of four years each.The governor may at any time remove any member of the board for inefficiency or neglect of duty in office.Upon the death or incapacity of any member, the governor shall fill the vacancy for the remainder of the vacated term with a representative of the same interests with which his predecessor was identified.Of these seven appointed members, one shall be a representative of owners and users of high pressure boilers and pressure vessels in manufacturing, processing, or utilities, one shall be a representative of owners and users of low pressure boilers and pressure vessels in commercial buildings, multiple-unit housing, or hotels, one shall be a representative of the boiler manufacturers within this state, one shall be a representative of a boiler insurance company licensed to do business in this state, one shall be a mechanical engineer on the faculty of a recognized engineering college in this state or a licensed professional engineer having equivalent experience, one shall be a representative of the boilermakers, and one shall be a representative of the practical steam operating engineers.The board shall elect one of its members to serve as chairman.The board shall meet at least four times each year at Jefferson City, or other place designated by the chairman.

2.The members of the board shall serve without salary and shall receive their actual traveling and hotel expenses, incurred while in the performance of their duties as members of the board, to be paid in the same manner as in the case of other state officers.

(L. 1984 H.B. 1060 § 3)

650.310 - Office of victims of crime established, purpose — duties.

1.The "Office for* Victims of Crime" is hereby established within the department of public safety, for the purpose of promoting the fair and just treatment of victims of crime.The office shall coordinate and promote the state's program for victims of crime and shall provide channels of communication among public and private agencies and in exercising the rights afforded to victims of crime pursuant to chapter 595 and the Missouri Constitution.In the event of a catastrophic crime the office shall, or upon the receipt of a specific request the office may, work closely with other state and local agencies to coordinate a response to meet the needs of any resulting victims of crime.

2.The office for victims of crime shall coordinate efforts with statewide coalitions or organizations that are involved in efforts to provide assistance to victims of crime and to reduce the incidence of domestic violence, sexual assault or other crime victimization.The office shall consult with such coalitions or organizations as to more efficient and effective coordination and delivery of services to victims of crime.

3.The office for victims of crime shall assess and report to the governor the costs and benefits of establishing a statewide automated crime victim notification system within the criminal justice system and shall serve as the coordinating agency for the development, implementation and maintenance of any such system.If such system is established pursuant to this section, no other state agency shall provide such services.

4.The department of public safety may promulgate administrative rules to implement this section, and any such rule that is wholly procedural and without fiscal impact shall be deemed to satisfy the requirements of section 536.016.

(L. 2001 S.B. 267)

*Word "of" appears in original rolls.

650.110 - Jefferson County, crime laboratory, funding.

In addition to any other laboratories funded by the Missouri crime laboratory assistance program, the department of public safety shall provide funds for the operation of a crime laboratory in any first class county without a charter form of government which adjoins both a first class county with a charter form of government and at least two counties which are counties of the second class on August 28, 1989.Such funding shall be by contractual arrangement as provided by section 650.105, and shall be subject to the same terms and conditions established by the department to fund other crime laboratories under that section.

(L. 1989 S.B. 204 § 1)

650.245 - Special inspectors, appointed, when — qualifications, duties.

1.In addition to the deputy boiler inspectors authorized by section 650.240, the director shall, upon the request of any company licensed to insure and insuring in this state boilers and pressure vessels, or, upon the request of any company operating pressure vessels in this state for which the owner or user maintains a regularly established inspection service which is under the supervision of one or more engineers whose qualifications are satisfactory to the board and causes the pressure vessels to be regularly inspected and rated by the inspection service in accordance with applicable provisions of the rules and regulations adopted by the board pursuant to section 650.215, issue to any inspectors of the company commissions as special inspectors.Each inspector before receiving his commission shall satisfactorily pass the examination provided for by section 650.250, or, in lieu of the examination, shall hold a commission or a certificate of competency as an inspector of boilers and pressure vessels for a state that has a standard of examination substantially equal to that of the state of Missouri or a commission as an inspector of boilers and pressure vessels issued by the National Board of Boiler and Pressure Vessel Inspectors.A commission as a special inspector shall be issued to an inspector of a company operating pressure vessels in this state only if, in addition to meeting the requirements stated in this section, the inspector is employed full time by the company and is responsible for making inspections of pressure vessels used, or to be used, by the company, and which are not for resale.

2.The special inspectors shall receive no salary from, nor shall any of their expenses be paid by, the state, and the continuance of a special inspector's commission shall be conditioned upon his continuing in the employ of the boiler insurance company or upon continuing in the employ of the company so operating pressure vessels in this state and upon his maintenance of the standards imposed by sections 650.200 to 650.290.

3.The special inspectors shall inspect all boilers and pressure vessels insured or all pressure vessels operated by their respective companies, and, when so inspected, the owners and users of the boilers and pressure vessels shall be exempt from the payment to the state of the inspection fees provided for in section 650.275.

(L. 1984 H.B. 1060 § 10)

650.255 - Commissions, suspension, reinstatement, procedure — lost, replaced, how.

1.An inspector's commission may be suspended by the director after due investigation and recommendation by the board, for the incompetence or untrustworthiness of the holder thereof or for willful falsification of any matter or statement contained in his application or in a report of any inspection made by him.Written notice of any such suspension shall be given by the director within not more than ten days thereof to the inspector and his employer.A person whose commission has been suspended shall be entitled to an appeal to the board as provided in section 650.285 and to be present in person or to be represented by counsel at the hearing of the appeal.

2.If the board has reason to believe that a licensed inspector is no longer qualified to hold his commission, the board shall, upon not less than ten days' written notice to the inspector and his employer, hold a hearing at which the inspector and his employer shall have an opportunity to be heard.If, as a result of the hearing, the board finds that the inspector is no longer qualified to hold his commission, the board shall recommend to the director that the commission shall be revoked and the director shall thereupon revoke the commission forthwith.

3.A person whose commission has been suspended shall be entitled to apply, after ninety days from the date of the suspension, for reinstatement of the commission.

4.If a commission is lost or destroyed, a new commission shall be issued in its place without another examination.

(L. 1984 H.B. 1060 §§ 12, 13)

650.451 - Definitions.

As they appear in sections 650.450 to 650.460, the following words and terms shall mean:

(1)"Act", the public safety officer medal of valor act of 2004;

(2)"Board", the medal of valor review board as established by section 650.457;

(3)"Medal", a Missouri public safety medal of valor, which shall be of suitable design as may be determined by the governor;

(4)"Public safety officer", a person serving a public agency, with or without compensation, as a firefighter, law enforcement officer, or emergency personnel.The term "law enforcement officer" includes a person who is a state or local corrections or court officer or a civil defense officer.

(L. 2004 S.B. 972 § 650.605)

650.055 - Felony convictions for certain offenses to have biological samples collected, when — use of sample — highway patrol and department of corrections, duty — DNA records and biological materials to be closed record, disclosure, when — expungement of record, when.

1.Every individual who:

(1)Is found guilty of a felony or any offense under chapter 566; or

(2)Is seventeen years of age or older and arrested for burglary in the first degree under section 569.160, or burglary in the second degree under section 569.170, or a felony offense under chapter 565, 566, 567, 568, or 573; or

(3)Has been determined to be a sexually violent predator pursuant to sections 632.480 to 632.513; or

(4)Is an individual required to register as a sexual offender under sections 589.400 to 589.425;

shall have a fingerprint and blood or scientifically accepted biological sample collected for purposes of DNA profiling analysis.

2.Any individual subject to DNA collection and profiling analysis under this section shall provide a DNA sample:

(1)Upon booking at a county jail or detention facility; or

(2)Upon entering or before release from the department of corrections reception and diagnostic centers; or

(3)Upon entering or before release from a county jail or detention facility, state correctional facility, or any other detention facility or institution, whether operated by a private, local, or state agency, or any mental health facility if committed as a sexually violent predator pursuant to sections 632.480 to 632.513; or

(4)When the state accepts a person from another state under any interstate compact, or under any other reciprocal agreement with any county, state, or federal agency, or any other provision of law, whether or not the person is confined or released, the acceptance is conditional on the person providing a DNA sample if the person was found guilty of a felony offense in any other jurisdiction; or

(5)If such individual is under the jurisdiction of the department of corrections.Such jurisdiction includes persons currently incarcerated, persons on probation, as defined in section 217.650, and on parole, as also defined in section 217.650; or

(6)At the time of registering as a sex offender under sections 589.400 to 589.425.

3.The Missouri state highway patrol and department of corrections shall be responsible for ensuring adherence to the law.Any person required to provide a DNA sample pursuant to this section shall be required to provide such sample, without the right of refusal, at a collection site designated by the Missouri state highway patrol and the department of corrections.Authorized personnel collecting or assisting in the collection of samples shall not be liable in any civil or criminal action when the act is performed in a reasonable manner.Such force may be used as necessary to the effectual carrying out and application of such processes and operations.The enforcement of these provisions by the authorities in charge of state correctional institutions and others having custody or jurisdiction over individuals included in subsection 1 of this section which shall not be set aside or reversed is hereby made mandatory.The board of probation or parole shall recommend that an individual on probation or parole who refuses to provide a DNA sample have his or her probation or parole revoked.In the event that a person's DNA sample is not adequate for any reason, the person shall provide another sample for analysis.

4.The procedure and rules for the collection, analysis, storage, expungement, use of DNA database records and privacy concerns shall not conflict with procedures and rules applicable to the Missouri DNA profiling system and the Federal Bureau of Investigation's DNA databank system.

5.Unauthorized use or dissemination of individually identifiable DNA information in a database for purposes other than criminal justice or law enforcement is a class A misdemeanor.

6.Implementation of sections 650.050 to 650.100 shall be subject to future appropriations to keep Missouri's DNA system compatible with the Federal Bureau of Investigation's DNA databank system.

7.All DNA records and biological materials retained in the DNA profiling system are considered closed records pursuant to chapter 610.All records containing any information held or maintained by any person or by any agency, department, or political subdivision of the state concerning an individual's DNA profile shall be strictly confidential and shall not be disclosed, except to:

(1)Peace officers, as defined in section 590.010, and other employees of law enforcement agencies who need to obtain such records to perform their public duties;

(2)The attorney general or any assistant attorneys general acting on his or her behalf, as defined in chapter 27;

(3)Prosecuting attorneys or circuit attorneys as defined in chapter 56, and their employees who need to obtain such records to perform their public duties;

(4)The individual whose DNA sample has been collected, or his or her attorney; or

(5)Associate circuit judges, circuit judges, judges of the courts of appeals, supreme court judges, and their employees who need to obtain such records to perform their public duties.

8.Any person who obtains records pursuant to the provisions of this section shall use such records only for investigative and prosecutorial purposes, including but not limited to use at any criminal trial, hearing, or proceeding; or for law enforcement identification purposes, including identification of human remains.Such records shall be considered strictly confidential and shall only be released as authorized by this section.

9.(1)An individual may request expungement of his or her DNA sample and DNA profile through the court issuing the reversal or dismissal, or through the court granting an expungement of all official records under section 568.040.A certified copy of the court order establishing that such conviction has been reversed, guilty plea has been set aside, or expungement has been granted under section 568.040 shall be sent to the Missouri state highway patrol crime laboratory.Upon receipt of the court order, the laboratory will determine that the requesting individual has no other qualifying offense as a result of any separate plea or conviction and no other qualifying arrest prior to expungement.

(2)A person whose DNA record or DNA profile has been included in the state DNA database in accordance with this section and sections 650.050, 650.052, and 650.100 may request expungement on the grounds that the conviction has been reversed, the guilty plea on which the authority for including that person's DNA record or DNA profile was based has been set aside, or an expungement of all official records has been granted by the court under section 568.040.

(3)Upon receipt of a written request for expungement, a certified copy of the final court order reversing the conviction, setting aside the plea, or granting an expungement of all official records under section 568.040, and any other information necessary to ascertain the validity of the request, the Missouri state highway patrol crime laboratory shall expunge all DNA records and identifiable information in the state DNA database pertaining to the person and destroy the DNA sample of the person, unless the Missouri state highway patrol determines that the person is otherwise obligated to submit a DNA sample.Within thirty days after the receipt of the court order, the Missouri state highway patrol shall notify the individual that it has expunged his or her DNA sample and DNA profile, or the basis for its determination that the person is otherwise obligated to submit a DNA sample.

(4)The Missouri state highway patrol is not required to destroy any item of physical evidence obtained from a DNA sample if evidence relating to another person would thereby be destroyed.

(5)Any identification, warrant, arrest, or evidentiary use of a DNA match derived from the database shall not be excluded or suppressed from evidence, nor shall any conviction be invalidated or reversed or plea set aside due to the failure to expunge or a delay in expunging DNA records.

10.When a DNA sample is taken from an individual pursuant to subdivision (2) of subsection 1 of this section and the prosecutor declines prosecution and notifies the arresting agency of that decision, the arresting agency shall notify the Missouri state highway patrol crime laboratory within ninety days of receiving such notification.Within thirty days of being notified by the arresting agency that the prosecutor has declined prosecution, the Missouri state highway patrol crime laboratory shall determine whether the individual has any other qualifying offenses or arrests that would require a DNA sample to be taken and retained.If the individual has no other qualifying offenses or arrests, the crime laboratory shall expunge all DNA records in the database taken at the arrest for which the prosecution was declined pertaining to the person and destroy the DNA sample of such person.

11.When a DNA sample is taken of an arrestee for any offense listed under subsection 1 of this section and charges are filed:

(1)If the charges are later withdrawn, the prosecutor shall notify the state highway patrol crime laboratory that such charges have been withdrawn;

(2)If the case is dismissed, the court shall notify the state highway patrol crime laboratory of such dismissal;

(3)If the court finds at the preliminary hearing that there is no probable cause that the defendant committed the offense, the court shall notify the state highway patrol crime laboratory of such finding;

(4)If the defendant is found not guilty, the court shall notify the state highway patrol crime laboratory of such verdict.

If the state highway patrol crime laboratory receives notice under this subsection, such crime laboratory shall determine, within thirty days, whether the individual has any other qualifying offenses or arrests that would require a DNA sample to be taken.If the individual has no other qualifying arrests or offenses, the crime laboratory shall expunge all DNA records in the database pertaining to such person and destroy the person's DNA sample.

(L. 1991 S.B. 152 § 3, A.L. 1996 S.B. 578, A.L. 2004 S.B. 1000, A.L. 2005 H.B. 353 merged with S.B. 423, A.L. 2006 S.B. 1023, A.L. 2009 H.B. 62 merged with H.B. 152 merged with H.B. 481, A.L. 2012 S.B. 789, A.L. 2017 S.B. 34)

650.408 - Bonds, issuance authorized for operation and maintenance of system — submission to the voters, ballot language, use of money.

1.The funds necessary for payment of any obligation of the county in connection with the establishment, operation and maintenance of the emergency communications system may be paid by the county out of the fund established pursuant to section 650.402, or from bonds issued pursuant to this section.

2.For the purpose of supporting the operation and other purposes of the commission and the emergency communications system, the county may issue bonds for and on behalf of the county, payable out of funds derived from the sales tax authorized in sections 650.396 and 650.399 or from taxation of all taxable real property in the county, up to an amount not exceeding six percent of the assessed valuation of such property, with such evaluation to be ascertained by the assessment immediately prior to the most recent assessment for state and county purposes, or from revenue generated from any other tax or fee authorized and approved by the voters pursuant to section 650.399.Such bonds shall be issued in denominations of one hundred dollars, or some multiple thereof, and the provisions of section 108.170 to the contrary notwithstanding, such bonds may bear interest at a rate determined by the emergency communications system commissioners, payable semiannually, to become payable no later than twenty years after the date of the bonds.

3.Whenever the board of commissioners of any such emergency communications district proposes to issue bonds pursuant to subdivision (3) of subsection 2 of this section, they shall submit the question to the voters in the district pursuant to this section.The notice for any such election shall, in addition to the requirements of chapter 115, state the amount of bonds to be issued.

4.The question shall be submitted in substantially the following form:

Shall ______ County issue bonds in the amount of ______ dollars, the purpose of which are to support the construction, repair and maintenance of the ______ Emergency Communications System?
YESNO

5.The result of the election on the question shall be entered upon the records of the county.If it shall appear that four-sevenths of the voters voting on the question shall have voted in favor of the issue of the bonds, the commissioners shall order and direct the execution of the bonds for and on behalf of such county and the commission.If the general law of the state is such that an amount other than a four-sevenths majority is required on ballot measures of such type, the amount set by the general law of the state shall control.

6.The county shall not sell such bonds for less than ninety-five percent of the par value thereof, and the proceeds shall be paid over to the county treasurer, and disbursed on warrants drawn by the president or vice president of the board of commissioners and attested by the secretary.The proceeds of the sale of such bonds shall be used for the purpose only of paying the cost of holding such election, and constructing, repairing and maintaining the emergency communications system and its appurtenances.

7.Such bonds shall be payable and collectible only out of moneys derived from tax revenues authorized by section 650.399, from the sale of such bonds or from interest that may accrue on funds so derived while on deposit with any county depositary.The county treasurer shall hold in reserve, for payment of interest on such bonds, a sufficient amount of the money so derived that may come into his or her hands in excess of the amount then necessary to pay all bonds and interest then past due, to pay all interest that will become payable before the next installment of such special tax becomes payable, and three percent of the principal amount of the bonds not then due.The county treasurer shall, whenever any of the bonds or interest thereon become due, apply such money as may be in his or her custody and applicable thereto, or that may thereafter come into his or her custody and be applicable thereto, to payment of such bonds and interest as may be due and unpaid.

8.All money derived from the tax authorized pursuant to section 650.399 shall be used in paying the bonds and the interest thereon, except that the money that may be collected pursuant to such tax in excess of the amount necessary to pay all bonds then past due and such bonds and interest as will become payable before another assessment of such tax becomes payable may, less an amount equal to three percent of the principal amount of the bonds not then due, be used for the purposes authorized in section 650.411.

9.The county treasurer shall, as such bonds are sold, deliver them to the purchaser upon being ordered to do so by the commissioners.The county treasurer shall cancel bonds as such bonds are paid, and shall deliver them to the clerk of the county.

(L. 2002 S.B. 795)

650.059 - Crime laboratory review commission established, purpose, members, vacancies, powers and duties.

1.There is hereby established within the department of public safety a "Crime Laboratory Review Commission" to provide independent review of any state or local Missouri crime laboratory receiving state-administered funding.

2.The commission shall consist of five members who shall be citizens of this state, including one senior manager from a crime laboratory within the state that is accredited by a body approved by the department of public safety, one licensed law enforcement officer employed by a county or municipality in a management position, one prosecuting attorney, one criminal defense attorney, and the director of the department of public safety or his or her designee.

3.Except for the director of the department of public safety or his or her designee, the members shall be appointed by the governor with the advice and consent of the senate.For the initial term, the prosecuting attorney and criminal defense attorney shall serve a term of two years.The law enforcement officer and the crime laboratory senior manager shall serve an initial term of four years.Thereafter, all appointments shall be for terms of four years.Except for the director of the department of public safety or his or her designee, the governor shall fill any vacancy by appointment for the unexpired term and each member of the board shall hold office until such member's successor is appointed and qualified.

4.If a member no longer meets the qualifications for which he or she was appointed, the member's seat shall be deemed vacant.

5.The members of the commission shall not receive compensation for their services other than to receive reimbursement costs directly associated with the execution of their commission duties.

6.The director of the department of public safety or his or her designee shall serve as chairman of the commission.The commission shall meet at least annually to review the current status of crime laboratories in this state.Three members of the commission shall constitute a quorum.

7.For the purposes of this section, the term "crime laboratory" shall mean any forensic science laboratory operated or supported financially by the state or any unit of city, county, or other local Missouri government receiving state-administered funding, and employs at least one scientist who examines physical evidence in criminal matters and provides expert or opinion testimony with respect to such physical evidence in a state court of law.

8.The commission shall have the power to:

(1)Assess the capabilities and needs of Missouri crime laboratories, as well as their ability to deliver quality forensic services in a timely manner to law enforcement agencies in the state of Missouri;

(2)Authorize independent external investigations into allegations of serious negligence or misconduct committed by employees or contractors of a crime laboratory substantially affecting the integrity of forensic results.The commission shall solicit input and guidance from any appropriate expert as it deems necessary in the investigation process;

(3)Appoint members to inspection or investigative teams to assist in carrying out the duties described in subdivisions (1) and (2) of this subsection;

(4)Issue reprimands to crime laboratories and to employees or contractors of crime laboratories found to be negligent or engaging in misconduct in the execution of their responsibilities;

(5)Make recommendations for changes in procedure of crime laboratories found to be negligent in the execution of their responsibilities; and

(6)Issue reports to the director of the department of public safety summarizing any findings of negligence or misconduct of a crime laboratory or an employee or contractor of a crime laboratory and making recommendations regarding revocation or suspension of grant funding that the commission deems warranted.

9.The commission shall submit an annual report to the governor summarizing its activities and any suggestions to improve the quality management systems within the crime laboratories in the state, but shall not make recommendations related to relocation or consolidation of these crime laboratories.

10.The department of public safety shall have the authority to revoke any grant money from a crime laboratory if the laboratory does not cooperate with the commission or if allegations of serious misconduct or negligence are substantiated by the commission.

11.In the event the commission takes a vote concerning only a particular crime laboratory, the appointee serving as a senior manager of a crime laboratory or licensed law enforcement officer shall recuse himself or herself from such vote if it involves the crime laboratory employing such senior manager or a crime laboratory operated by the municipality employing such officer.

(L. 2009 H.B. 62)

650.159 - Interstate MEG agreements, powers and immunities of officers — effective, when.

1.A county bordering another state may enter into agreement with the political subdivisions in such other state's contiguous county pursuant to section 70.220 to form a multijurisdictional enforcement group for the enforcement of drug and controlled substance laws and work in cooperation pursuant to sections 650.150 to 650.165.

2.Such other state's law enforcement officers may be deputized as officers of the counties of this state participating in an agreement pursuant to subsection 1 of this section, and shall be deemed to have met all requirements of peace officer training and certification pursuant to chapter 590 for the purposes of conducting investigations and making arrests in this state pursuant to the provisions of section 650.156, provided such officers have satisfied the applicable peace officer training and certification standards in force in such other state.

3.Such other state's law enforcement officers shall have the same powers and immunities when working under an agreement pursuant to subsection 1 of this section as if working under an agreement with another political subdivision in Missouri pursuant to section 70.815.

4.A multijurisdictional enforcement group formed pursuant to this section is eligible to receive state grants to help defray the costs of its operation pursuant to the terms of section 650.161.

5.The provisions of subsections 2, 3, and 4 of this section shall not be in force unless such other state has provided or shall provide legal authority for its political subdivisions to enter into such agreements and to extend reciprocal powers and privileges to the law enforcement officers of this state working pursuant to such agreements.

(L. 1998 H.B. 1147, et al., A.L. 2014 S.B. 491)

Transferred 2014; formerly 195.507; Effective 1-01-17

650.300 - Definitions.

As used in sections 650.300 to 650.310, the following terms shall mean:

(1)"Catastrophic crime", a violation of section 574.080*;

(2)"Office", the office for victims of crime;

(3)"Private agency", a private agency as defined in section 595.010;

(4)"Public agency", a public agency as defined in section 595.010;

(5)"Victim of crime", a person afforded rights as a victim or entitled to compensation or services as a victim pursuant to chapter 595.

(L. 2001 S.B. 267)

*Section 569.070 was transferred to section 574.080 by S.B. 491, 2014, effective 1-01-17.

650.200 - Citation of act — applicability.

Sections 650.200 to 650.290 shall be known and may be cited as the "Boiler and Pressure Vessel Act", and, except as otherwise provided in sections 650.200 to 650.290, shall apply to all fired and unfired steam boilers, hot water heating boilers, hot water supply boilers and pressure vessels.

(L. 1984 H.B. 1060 § 1)

650.100 - Definitions.

As used in this chapter, the following words shall have the following meanings unless a different meaning clearly appears from the context:

(1)"Central repository", the location where all DNA samples collected from individuals under section 650.055 will be maintained and analyzed; where all authorized DNA profiles uploaded to the state's database will be maintained; and from where all authorized DNA profiles will be uploaded to the national DNA database;

(2)"CODIS", the Federal Bureau of Investigation's Combined DNA Index System that allows the storage and exchange of DNA records submitted by federal, state, and local DNA crime laboratories.The term "CODIS" includes the National DNA Index System administered and operated by the Federal Bureau of Investigation;

(3)"Crime laboratory", a laboratory operated or supported financially by the state or any unit of city, county, or other local Missouri government that employs at least one scientist who examines physical evidence in criminal matters and provides expert or opinion testimony with respect to such physical evidence in a state court of law;

(4)"Department", the Missouri department of public safety;

(5)"DNA", deoxyribonucleic acid.DNA is located in the cells and provides an individual's personal genetic blueprint.DNA encodes genetic information that is the basis of human heredity and forensic identification;

(6)"DNA profile" refers to the collective results of all DNA identification analyses on an individual's DNA sample;

(7)"DNA record", the DNA identification information stored in the state DNA database or CODIS.The DNA record is the result obtained from the DNA analysis.The DNA record is comprised of the characteristics of a DNA sample, which are of value in establishing the identity of individuals, the DNA profile as well as data required to manage and operate the state's DNA database, to include the specimen identification number;

(8)"DNA sample", a biological sample provided by any person with respect to offenses covered by section 650.055 or submitted to the Missouri state highway patrol crime laboratory pursuant to sections 650.050 to 650.100 for analysis or storage or both;

(9)"Expunge", to destroy an individual's DNA sample and remove the DNA record from the state DNA database;

(10)"Forensic DNA analysis", the identification and evaluation of biological evidence in criminal matters using DNA technologies;

(11)"Local funds", any funds not provided by the federal government.

(L. 1979 S.B. 202 § 1, A.L. 2004 S.B. 1000, A.L. 2006 S.B. 1023, A.L. 2008 S.B. 733, A.L. 2012 S.B. 789)

650.250 - Examinations, contents, fee — commissions, renewal, fees.

1.Examination for chief, deputy or special inspectors shall be in writing and shall be held by the board, with at least two members of the board present at all times during the examination.The examination shall be confined to questions, the answers to which will aid in determining the fitness and competency of the applicant for the intended service.In case an applicant for an inspector's commission fails to pass the examination, he may appeal to the board for another examination which shall be given by the board within ninety days.The record of an applicant's examination shall be accessible to the applicant and his employer.An examination fee in accordance with the fee schedule adopted pursuant to the provisions of subsection 1 of section 650.275, payable to the department of public safety, shall accompany each application for examination.

2.A commission issued pursuant to this section shall be for a period of one year upon payment in accordance with the fee schedule adopted pursuant to the provisions of subsection 1 of section 650.275, and may be renewed annually upon payment in accordance with the fee schedule adopted pursuant to the provisions of subsection 1 of section 650.275.

(L. 1984 H.B. 1060 § 11, A.L. 1990 S.B. 493 & 520)

650.350 - Missouri sheriff methamphetamine relief taskforce created, members, compensation, meetings — MoSMART fund created — concealed carry permit fund created, grants — rulemaking authority — funding priorities.

1.There is hereby created within the department of public safety the "Missouri Sheriff Methamphetamine Relief Taskforce" (MoSMART).MoSMART shall be composed of five sitting sheriffs.Every two years, the Missouri Sheriffs' Association board of directors will submit twenty names of sitting sheriffs to the governor.The governor shall appoint five members from the list of twenty names, having no more than three from any one political party, to serve a term of two years on MoSMART.The members shall elect a chair from among their membership.Members shall receive no compensation for the performance of their duties pursuant to this section, but each member shall be reimbursed from the MoSMART fund for actual and necessary expenses incurred in carrying out duties pursuant to this section.

2.MoSMART shall meet no less than twice each calendar year with additional meetings called by the chair upon the request of at least two members.A majority of the appointed members shall constitute a quorum.

3.A special fund is hereby created in the state treasury to be known as the "MoSMART Fund".The state treasurer shall invest the moneys in such fund in the manner authorized by law.All moneys received for MoSMART from interest, state, and federal moneys shall be deposited to the credit of the fund.The director of the department of public safety shall distribute at least fifty percent but not more than one hundred percent of the fund annually in the form of grants approved by MoSMART.

4.Except for money deposited into the deputy sheriff salary supplementation fund created under section 57.278 or money deposited into the concealed carry permit fund created under subsection 5 of this section, all moneys appropriated to or received by MoSMART shall be deposited and credited to the MoSMART fund.The department of public safety shall only be reimbursed for actual and necessary expenses for the administration of MoSMART, which shall be no less than one percent and which shall not exceed two percent of all moneys appropriated to the fund, except that the department shall not receive any amount of the money deposited into the deputy sheriff salary supplementation fund for administrative purposes.The provisions of section 33.080 to the contrary notwithstanding, moneys in the MoSMART fund shall not lapse to general revenue at the end of the biennium.

5.A special fund is hereby created in the state treasury to be known as the "Concealed Carry Permit Fund".The state treasurer shall invest the moneys in such fund in the manner authorized by law.All moneys appropriated by the general assembly to the fund shall be deposited to the credit of the fund.The director of the department of public safety shall annually distribute all moneys in the fund in the form of grants approved by MoSMART.The department of public safety shall administer all MoSMART grant deposits under this section.Grant funds deposited into the fund created under this section shall be spent first to ensure county law enforcement agencies' ability to comply with the issuance of concealed carry permits including, but not limited to, equipment, records management hardware and software, personnel, supplies, and other services.MoSMART shall provide grants as authorized by the general assembly to sheriffs, and any designee that is created and authorized to support sheriffs in the creation, maintenance, and operation of a statewide concealed carry permit system for Missouri sheriffs and law enforcement purposes.The concealed carry permit system shall consist of a server network accessible by all Missouri sheriffs and law enforcement agencies for purposes that do not conflict with this chapter.All equipment, software, and services necessary to create, maintain, and operate the concealed carry permit system shall be the property of the sheriffs and MoSMART's designee.A designee of MoSMART and the sheriffs may administer and operate the concealed carry permit system utilizing policies and procedures established by MoSMART by way of a memorandum of understanding and MoSMART protocol.Any equipment, software, or services provided to a sheriff as part of the concealed carry permit system shall become property of MoSMART's designee and the sheriff's office and MoSMART shall not be responsible for the maintenance or replacement of such equipment, software, or services.Notwithstanding the provisions of section 33.080 to the contrary, any moneys remaining in the fund at the end of the biennium shall not revert to the credit of the general revenue fund.The state treasurer shall invest moneys in the fund in the same manner as other funds are invested.Any interest and moneys earned on such investments shall be credited to the fund.

6.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, 2003, shall be invalid and void.

7.Any county law enforcement entity or established task force with a memorandum of understanding and protocol may apply for grants from the MoSMART fund on an application to be developed by the department of public safety with the approval of MoSMART.All applications shall be evaluated by MoSMART and approved or denied based upon the level of funding designated for methamphetamine enforcement before 1997 and upon current need and circumstances.No applicant shall receive a MoSMART grant in excess of one hundred thousand dollars per year.The department of public safety shall monitor all MoSMART grants.

8.MoSMART's anti-methamphetamine funding priorities are as follows:

(1)Sheriffs who are participating in coordinated multijurisdictional task forces and have their task forces apply for funding;

(2)Sheriffs whose county has been designated HIDTA* counties, yet have received no HIDTA* or narcotics assistance program funding; and

(3)Sheriffs without HIDTA* designations or task forces, whose application justifies the need for MoSMART funds to eliminate methamphetamine labs.

9.MoSMART shall administer the deputy sheriff salary supplementation fund as provided under section 57.278.

(L. 2003 S.B. 39, A.L. 2008 H.B. 2224, A.L. 2013 S.B. 75, A.L. 2014 S.B. 745)

*High Intensity Drug Trafficking Area.

650.150 - Citation of law.

Sections 650.150 to 650.165 shall be known and may be cited as the "Intergovernmental Drug Laws Enforcement Act".

(L. 1993 S.B. 180 § 2, A.L. 2014 S.B. 491)

Transferred 2014; formerly 195.501: Effective 1-01-17

650.050 - DNA profiling system to be established in department of public safety, purpose.

1.The Missouri department of public safety shall develop and establish a "DNA Profiling System", referred to in sections 650.050 to 650.100 as the system to assist federal, state, and local criminal justice and law enforcement agencies in the identification, investigation, and prosecution of individuals as well as the identification of missing or unidentified persons.

2.This DNA profiling system shall consist of qualified Missouri forensic laboratories approved by the Federal Bureau of Investigation.

3.The Missouri state highway patrol crime laboratory shall be the administrator of the state's DNA index system.

4.The DNA profiling system as established in this section shall be compatible with that used by the Federal Bureau of Investigation to ensure that DNA records are fully exchangeable between DNA laboratories and that quality assurance standards issued by the director of the Federal Bureau of Investigation are applied and performed.

5.DNA samples obtained under sections 650.050 to 650.100 shall only be analyzed consistent with sections 650.050 to 650.100 and applicable federal laws and regulations.

(L. 1991 S.B. 152 § 1, A.L. 1996 S.B. 578, A.L. 2004 S.B. 1000, A.L. 2005 S.B. 423, A.L. 2006 S.B. 1023, A.L. 2009 H.B. 152)

650.454 - Medals for extraordinary valor may be issued to public safety officers, when — surviving relatives may receive medal on person's behalf.

1.The governor is hereby authorized to award and present, in the name of the state of Missouri, a medal to a public safety officer, upon the recommendation of the board, for extraordinary valor above and beyond the call of duty.The medal shall be Missouri's highest award for valor by a public safety officer.

2.In the event of the death of any person who would be entitled to a medal pursuant to the provisions of sections 650.450 to 650.460, the same may be presented to a surviving relative on behalf of the deceased in the following order: widow, if not remarried; eldest living son; eldest living daughter; father; mother; eldest living brother; eldest living sister; and eldest living grandchild.

(L. 2004 S.B. 972 § 650.610)

650.450 - Citation.

Sections 650.450 to 650.460 may be cited as the "Missouri Public Safety Officer Medal of Valor Act".

(L. 2004 S.B. 972 § 650.600)

650.405 - Powers and responsibilities of board.

The board of commissioners shall have the following powers and responsibilities:

(1)To supervise and administer, within the acquisition and purchasing procedures of the county, the building, acquisitions by purchase or otherwise, construction and operation of an emergency communications system for the county in which the commission is located;

(2)To administratively control and manage the emergency communications system;

(3)To negotiate and recommend to the governing body that the county contract with such companies or other business or governmental entities, which in the opinion of the board of commissioners are necessary to provide equipment, material and professional services to establish, construct and maintain an emergency communications system and conduct the business of the commission;

(4)To promulgate an annual report of the financial condition and operation of the commission and the emergency communications system;

(5)To recommend to the governing body that the county purchase or acquire by gift such real estate and equipment and materials necessary to accomplish the purposes of the commission and the emergency communications system; and

(6)To adopt such bylaws, rules and regulations as in the opinion of the board of commissioners shall best serve the purpose of the commission.

(L. 2002 S.B. 795)

650.205 - Definitions.

As used in sections 650.200 to 650.290, unless the context clearly requires otherwise, the following words and terms mean:

(1)"API-ASME", American Petroleum Institute-American Society of Mechanical Engineers;

(2)"ASME", American Society of Mechanical Engineers;

(3)"Board", the board of boiler and pressure vessel rules;

(4)"Boiler", a vessel intended for use in heating water or other liquids for generating steam or other vapors under pressure or vacuum by the application of heat resulting from the combustion of fuels, electricity, atomic energy, or waste gases;

(5)"Certificate inspection", an inspection, the report of which is used by the chief inspector to decide whether or not a certificate as provided by subsection 3 of section 650.265 may be issued.This certificate inspection shall be an internal inspection when construction permits; otherwise, it shall be as complete an inspection as possible;

(6)"Director", the director of the inspection section of the department of public safety;

(7)"Heating boiler", a steam boiler operating at pressures not exceeding fifteen psig, or a hot water heating boiler operating at pressures not exceeding one hundred sixty psig or temperatures not exceeding two hundred fifty degrees Fahrenheit at or near the boiler outlet, or both;

(8)"High pressure, high temperature water boiler", a water boiler operating at pressures exceeding one hundred sixty psig or temperatures exceeding two hundred fifty degrees Fahrenheit at or near the boiler outlet, or both;

(9)"Power boiler", a boiler in which steam or other vapor is generated at a pressure of more than fifteen psig including a high pressure, high temperature water boiler;

(10)"Pressure vessel", a vessel in which the pressure is obtained from an external source or by the application of heat from an indirect source, other than those vessels defined in subdivisions (4), (7), (8), and (9) of this section;

(11)"Psig", pounds per square inch gauge.

(L. 1984 H.B. 1060 § 2)

650.058 - Individuals who are actually innocent may receive restitution, amount, petition, definition, limitations and requirements — guilt confirmed by DNA testing, procedures — petitions for restitution — order of expungement.

1.Notwithstanding the sovereign immunity of the state, any individual who was found guilty of a felony in a Missouri court and was later determined to be actually innocent of such crime solely as a result of DNA profiling analysis may be paid restitution.The individual may receive an amount of fifty dollars per day for each day of postconviction incarceration for the crime for which the individual is determined to be actually innocent.The petition for the payment of said restitution shall be filed with the sentencing court.For the purposes of this section, the term "actually innocent" shall mean:

(1)The individual was convicted of a felony for which a final order of release was entered by the court;

(2)All appeals of the order of release have been exhausted;

(3)The individual was not serving any term of a sentence for any other crime concurrently with the sentence for which he or she is determined to be actually innocent, unless such individual was serving another concurrent sentence because his or her parole was revoked by a court or the board of probation and parole in connection with the crime for which the person has been exonerated.Regardless of whether any other basis may exist for the revocation of the person's probation or parole at the time of conviction for the crime for which the person is later determined to be actually innocent, when the court's or the board of probation and parole's sole stated reason for the revocation in its order is the conviction for the crime for which the person is later determined to be actually innocent, such order shall, for purposes of this section only, be conclusive evidence that their probation or parole was revoked in connection with the crime for which the person has been exonerated; and

(4)Testing ordered under section 547.035, or testing by the order of any state or federal court, if such person was exonerated on or before August 28, 2004, or testing ordered under section 650.055, if such person was or is exonerated after August 28, 2004, demonstrates a person's innocence of the crime for which the person is in custody.

Any individual who receives restitution under this section shall be prohibited from seeking any civil redress from the state, its departments and agencies, or any employee thereof, or any political subdivision or its employees.This section shall not be construed as a waiver of sovereign immunity for any purposes other than the restitution provided for herein.The department of corrections shall determine the aggregate amount of restitution owed during a fiscal year.If insufficient moneys are appropriated each fiscal year to pay restitution to such persons, the department shall pay each individual who has received an order awarding restitution a pro rata share of the amount appropriated.Provided sufficient moneys are appropriated to the department, the amounts owed to such individual shall be paid on June thirtieth of each subsequent fiscal year, until such time as the restitution to the individual has been paid in full.However, no individual awarded restitution under this subsection shall receive more than thirty-six thousand five hundred dollars during each fiscal year.No interest on unpaid restitution shall be awarded to the individual.No individual who has been determined by the court to be actually innocent shall be responsible for the costs of care under section 217.831.

2.If the results of the DNA testing confirm the person's guilt, then the person filing for DNA testing under section 547.035, shall:

(1)Be liable for any reasonable costs incurred when conducting the DNA test, including but not limited to the cost of the test.Such costs shall be determined by the court and shall be included in the findings of fact and conclusions of law made by the court; and

(2)Be sanctioned under the provisions of section 217.262.

3.A petition for payment of restitution under this section may only be filed by the individual determined to be actually innocent or the individual's legal guardian.No claim or petition for restitution under this section may be filed by the individual's heirs or assigns.An individual's right to receive restitution under this section is not assignable or otherwise transferrable.The state's obligation to pay restitution under this section shall cease upon the individual's death.Any beneficiary designation that purports to bequeath, assign, or otherwise convey the right to receive such restitution shall be void and unenforceable.

4.An individual who is determined to be actually innocent of a crime under this chapter shall automatically be granted an order of expungement from the court in which he or she pled guilty or was sentenced to expunge from all official records all recordations of his or her arrest, plea, trial or conviction.Upon granting of the order of expungement, the records and files maintained in any administrative or court proceeding in an associate or circuit division of the court shall be confidential and only available to the parties or by order of the court for good cause shown.The effect of such order shall be to restore such person to the status he or she occupied prior to such arrest, plea or conviction and as if such event had never taken place.No person as to whom such order has been entered shall be held thereafter under any provision of any law to be guilty of perjury or otherwise giving a false statement by reason of his or her failure to recite or acknowledge such arrest, plea, trial, conviction or expungement in response to any inquiry made of him or her for any purpose whatsoever and no such inquiry shall be made for information relating to an expungement under this section.

(L. 2006 S.B. 1023, A.L. 2016 H.B. 1765)

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.

(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.

650.105 - Assistance program established — distribution of state funds — access to laboratories — limitation on establishment of new laboratories.

1.There is hereby created the "Missouri Crime Laboratory Assistance Program" within the department of public safety.The purpose of this program is to provide state financial assistance to defray part of the operational costs incurred by crime laboratories.

2.Funds that are appropriated and collected pursuant to section 488.029 for this program shall be appropriated to the department.

3.Distribution of these state funds shall be by contractual arrangement between the department and each respective laboratory providing the service.Terms of the contract shall be negotiable each year.The state auditor shall audit from time to time all crime laboratories receiving state funds.

4.Nothing in sections 650.100 and 650.105 shall prohibit any crime laboratory from receiving federal or local funds should such funds become available.

5.All law enforcement agencies, municipal, county and state, shall have access to crime laboratories funded hereunder.

6.No state funds shall be expended unless appropriated by the general assembly for this purpose.

7.No new crime laboratories shall be started with state funds until authorized by the general assembly.

(L. 1979 S.B. 202 §§ 2 to 8, A.L. 2003 S.B. 39)

650.215 - Rules, promulgation — procedure.

1.The board shall formulate definitions, rules and regulations for the safe construction, installation, inspection, maintenance and repair of boilers and pressure vessels in this state.

(1)The definitions, rules and regulations so formulated for new construction shall be based upon and, at all times, follow the generally accepted nationwide engineering standards, formulae and practices established and pertaining to boiler and pressure vessel construction and safety, and the board shall by resolution adopt an existing published codification thereof, known as the "Boiler and Pressure Vessel Code of the American Society of Mechanical Engineers", with the amendments and interpretations thereto made and approved by the council of the society, and shall likewise adopt the amendments and interpretations subsequently made and published by the same authority; and when so adopted the same shall be deemed incorporated into, and to constitute a part of, the whole of the definitions, rules and regulations of the board.Amendments and interpretations to the code so adopted shall be effective immediately upon being promulgated, to the end that the definitions, rules and regulations shall at all times follow the generally accepted nationwide engineering standards.

(2)The board shall formulate rules and regulations for the inspection, maintenance and repair of boilers and pressure vessels, which were in use in this state prior to the date upon which the first rules and regulations under sections 650.200 to 650.290 pertaining to existing installations became effective, or during the twelve-month period immediately thereafter.

(3)The rules for inspection, maintenance and repair of installed boilers and pressure vessels shall be based upon and follow the generally accepted national standards as promulgated by the National Board of Boiler and Pressure Vessel Inspectors or by the ANSI/API Standard 510, Pressure Vessel Inspection Code, as amended, as a minimum, as it relates to boiler and pressure vessels.

2.The rules and regulations and any subsequent amendments thereto formulated by the board shall have the force and effect of law, except that the rules applying to the construction of new boilers and pressure vessels shall not be so construed as to prevent the installation of such boilers and pressure vessels until twelve months after their promulgation by the board.

3.Subsequent amendments to the rules and regulations adopted by the board shall be permissive immediately and shall become mandatory twelve months after their promulgation.

4.No rule or portion of a rule promulgated under the authority of this chapter shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.

(L. 1984 H.B. 1060 § 4, A.L. 1990 S.B. 493 & 520, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3)

650.411 - Use of moneys derived from the sale of bonds.

All money derived from the sale of bonds pursuant to section 650.408 except such portion as is required to be reserved pursuant to subsections 7 and 8 of section 650.408, all money collected on any tax authorized according to section 650.399 and all interest that may accrue on moneys so derived while deposited with any county depositary and not required to be used in paying such bonds or interest thereon, shall be used, and warrants drawn on the treasurer therefor, to pay:

(1)The cost and expenses incurred by the county maintaining any real or personal property used in the operation of the emergency communications system; and

(2)Such working, administrative and incidental expenses, not otherwise provided by law, as may be incurred in operating such emergency communications system.

(L. 2002 S.B. 795)

650.340 - 911 training and standards act.

1.The provisions of this section may be cited and shall be known as the "911 Training and Standards Act".

2.Initial training requirements for telecommunicators who answer 911 calls that come to public safety answering points shall be as follows:

(1)Police telecommunicator, 16 hours;

(2)Fire telecommunicator, 16 hours;

(3)Emergency medical services telecommunicator, 16 hours;

(4)Joint communication center telecommunicator, 40 hours.

3.All persons employed as a telecommunicator in this state shall be required to complete ongoing training so long as such person engages in the occupation as a telecommunicator.Such persons shall complete at least twenty-four hours of ongoing training every three years by such persons or organizations as provided in subsection 6 of this section.

4.Any person employed as a telecommunicator on August 28, 1999, shall not be required to complete the training requirement as provided in subsection 2 of this section.Any person hired as a telecommunicator after August 28, 1999, shall complete the training requirements as provided in subsection 2 of this section within twelve months of the date such person is employed as a telecommunicator.

5.The training requirements as provided in subsection 2 of this section shall be waived for any person who furnishes proof to the committee that such person has completed training in another state which is at least as stringent as the training requirements of subsection 2 of this section.

6.The board shall determine by administrative rule the persons or organizations authorized to conduct the training as required by subsection 2 of this section.

7.This section shall not apply to an emergency medical dispatcher or agency as defined in section 190.100, or a person trained by an entity accredited or certified under section 190.131, or a person who provides prearrival medical instructions who works for an agency which meets the requirements set forth in section 190.134.

(L. 1999 S.B. 436, A.L. 2007 S.B. 22, A.L. 2017 S.B. 503, A.L. 2018 H.B. 1456)

650.240 - Deputy inspectors, appointment, qualifications.

The director shall employ deputy inspectors who shall be responsible to the chief inspector and who shall have had at the time of appointment not less than five years' experience in the construction, installation, inspection, operation, maintenance, or repair of high pressure boilers and pressure vessels as a mechanical engineer, steam operating engineer, boilermaker, or boiler inspector, and who shall have passed the examination provided for in section 650.250.

(L. 1984 H.B. 1060 § 9)

650.035 - Missouri law enforcement assistance program, purpose — funding, eligibility.

1.There is hereby created the "Missouri Law Enforcement Assistance Program" within the department of public safety.

2.The purpose of this program is to provide state financial and technical assistance to create or improve local law enforcement pilot programs that may include:

(1)Reimbursement for overtime required to enhance specialized, nonroutine training opportunities;

(2)Analytical capacity for targeting enforcement efforts; and

(3)Community policing efforts derived from research-based models.

3.Distribution of state funds or technical assistance shall be by contractual arrangement between the department and each recipient law enforcement agency.Terms of the contract shall be negotiable each year.The state auditor shall periodically audit all law enforcement agencies receiving state funds.

4.Nothing in this section shall prohibit any law enforcement agency from receiving federal or local funds should such funds become available.

5.All law enforcement agencies, municipal and county, located in any county of the first classification with more than one hundred fifty thousand but fewer than two hundred thousand inhabitants, any county of the first classification with more than eighty-three thousand but fewer than ninety-two thousand inhabitants and with a home rule city with more than seventy-six thousand but fewer than ninety-one thousand inhabitants as the county seat, and any county of the third classification without a township form of government and with more than forty-one thousand but fewer than forty-five thousand inhabitants shall be eligible to receive funding hereunder, according to standards adopted by the department of public safety, unless otherwise restricted by statute.

6.No state funds shall be expended unless appropriated by the general assembly for this purpose.

(L. 2018 H.B. 1355)

650.235 - Chief inspector, appointment, qualifications, powers, duties.

1.The director shall appoint a person who has had at the time of the appointment not less than ten years' experience in the construction, installation, inspection, operation, maintenance or repair of high pressure boilers and pressure vessels as a mechanical engineer, steam operating engineer, boilermaker, or boiler inspector, and who shall have passed the same kind of examination as that prescribed under section 650.250, to be chief inspector.The chief inspector may be removed for cause after due investigation by the board and its recommendation to the director.

2.The chief inspector, if authorized by the director, is hereby charged, directed and empowered:

(1)To take action necessary to the enforcement of the laws of the state governing the use of boilers and pressure vessels to which sections 650.200 to 650.290 apply and of the rules and regulations of the board;

(2)To keep a complete record of the type, dimensions, maximum allowable pressure, age, location and date of the last recorded inspection of all boilers and pressure vessels to which sections 650.200 to 650.290 apply;

(3)To publish and make available to anyone requesting them copies of the rules and regulations promulgated by the board;

(4)To issue, or to suspend, or revoke for cause, inspection certificates as provided for in section 650.265;

(5)To cause the prosecution of all violators of the provisions of sections 650.200 to 650.290;

(6)To draw upon the state treasurer for funds necessary to meet the expense authorized by sections 650.200 to 650.290, which shall include the necessary traveling expenses of the chief inspector and his deputies and the expense incident to the maintenance of his office.

(L. 1984 H.B. 1060 § 8)

650.335 - Loans and financial assistance from prepaid wireless emergency telephone charges — application, procedure, requirements.

1.Any county or any home rule city with more than fifteen thousand but fewer than seventeen thousand inhabitants and partially located in any county of the third classification without a township form of government and with more than thirty-seven thousand but fewer than forty-one thousand inhabitants, when the prepaid wireless emergency telephone service charge is collected in the county or city, may submit an application for loan funds or other financial assistance to the board for the purpose of financing all or a portion of the costs incurred in implementing a 911 communications service project.The application shall be accompanied by a technical assistance report.The application and the technical assistance report shall be in such form and contain such information, financial or otherwise, as prescribed by the board.This section shall not preclude any applicant or borrower from joining in a cooperative project with any other political subdivision or with any state or federal agency or entity in a 911 communications service project, provided that all other requirements of this section have been met.

2.Applications may be approved for loans only in those instances where the applicant has furnished the board information satisfactory to assure that the project cost will be recovered during the repayment period of the loan.In no case shall a loan be made to an applicant unless the approval of the governing body of the applicant to the loan agreement is obtained and a written certification of such approval is provided, where applicable.Repayment periods are to be determined by the board.

3.The board shall approve or disapprove all applications for loans which are sent by certified or registered mail or hand delivered and received by the board upon a schedule as determined by the board.

4.Each applicant to whom a loan has been made under this section shall repay such loan, with interest.The rate of interest shall be the rate required by the board.The number, amounts, and timing of the payments shall be as determined by the board.

5.Any applicant who receives a loan under this section shall annually budget an amount which is at least sufficient to make the payments required under this section.

6.Repayment of principal and interest on loans shall be credited to the Missouri 911 service trust fund established under section 190.420.

7.If a loan recipient fails to remit a payment to the board in accordance with this section within sixty days of the due date of such payment, the board shall notify the director of the department of revenue to deduct such payment amount from first, the prepaid wireless emergency telephone service charge remitted to the county or city under section 190.460; and if insufficient to affect repayment of the loan, next, the regular apportionment of local sales tax distributions to that county or city.Such amount shall then immediately be deposited in the Missouri 911 service trust fund and credited to the loan recipient.

8.All applicants having received loans under this section shall remit the payments required by subsection 4 of this section to the board or such other entity as may be directed by the board.The board or such other entity shall immediately deposit such payments in the Missouri 911 service trust fund.

9.Loans made under this section shall be used only for the purposes specified in an approved application or loan agreement.In the event the board determines that loan funds have been expended for purposes other than those specified in an approved application or loan agreement or any event of default of the loan agreement occurs without resolution, the board shall take appropriate actions to obtain the return of the full amount of the loan and all moneys duly owed or other available remedies.

10.Upon failure of a borrower to remit repayment to the board within sixty days of the date a payment is due, the board may initiate collection or other appropriate action through the provisions outlined in subsection 7 of this section, if applicable.

11.If the borrower is an entity not covered under the collection procedures established in this section, the board, with the advice and consent of the attorney general, may initiate collection procedures or other appropriate action pursuant to applicable law.

12.The board may, at its discretion, audit the expenditure of any loan, grant, or expenditure made or the computation of any payments made.

13.The board shall not approve any application made under this section if the applicant has failed to return the board's annual survey of public safety answering points as required by the board under section 650.330.

(L. 2018 H.B. 1456)

650.060 - Accreditation of crime laboratory required, when — exceptions — rulemaking authority.

1.On or after December 31, 2012, any crime laboratory providing reports or testimony to a state court pertaining to a result of the forensic analysis of evidence shall be accredited or provisionally accredited by a laboratory accrediting organization approved by the department of public safety.

2.This section shall not apply to testimony, results, reports, or evidence of forensic analysis produced by a crime laboratory prior to December 31, 2012.Such testimony, results, reports, or evidence of forensic analysis need not be performed by an accredited or provisionally accredited crime laboratory and may be produced or presented on behalf of the prosecution in a state court after December 31, 2012, as long as the forensic analysis was produced prior to such date.

3.Crime laboratories may utilize funding provided through section 595.045 to defray costs associated with applying for and maintaining accreditation.

4.The department of public safety shall promulgate rules identifying approved accrediting bodies and shall establish procedures for the monitoring of crime laboratory compliance with the approved accrediting body.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, 2008, shall be invalid and void.

(L. 2008 S.B. 733)

650.260 - Inspections, how conducted, when, by whom — director and inspectors, access to premises, when, duties — test, when, fee.

1.The director, the chief inspector, or any special deputy inspector shall have free access, during reasonable hours, to any premises in the state where a boiler or pressure vessel is being constructed, or is being installed, for the purpose of ascertaining whether the boiler or pressure vessel is being constructed and installed in accordance with the provisions of sections 650.200 to 650.290.

2.Each boiler and pressure vessel used or proposed to be used within this state, except boilers or pressure vessels exempt under section 650.230, shall be thoroughly inspected as to their construction, installation and condition as follows:

(1)Power boilers and high pressure, high temperature water boilers shall receive a certificate inspection annually and shall also be externally inspected annually while under pressure if possible;

(2)Low pressure steam, hot water heating and hot water supply boilers shall receive a certificate of inspection biennially;

(3)Pressure vessels subject to internal corrosion shall receive a certificate inspection biennially;

(4)Pressure vessels not subject to internal corrosion shall receive a certificate inspection at intervals set by the board, but internal inspection shall not be required of pressure vessels, the contents of which are known to be noncorrosive to the material of which the shell, heads or fittings are constructed, either from the chemical composition of the contents or from evidence that the contents are adequately treated with a corrosive inhibitor, provided that the vessels are constructed in accordance with the rules and regulations of the board;

(5)Nuclear vessels within the scope of sections 650.200 to 650.290 shall be inspected and reported in such form and with such appropriate information as the board shall designate;

(6)A grace period of two months beyond the periods specified in subdivisions (1), (2), (3) and (4) of this subsection may elapse between certificate inspections;

(7)The board may, in its discretion, permit longer periods between certificate inspections;

(8)Under the provisions of sections 650.200 to 650.290, the board is responsible to provide for the safety of life, limb and property and therefore has jurisdiction over the interpretation and application of the inspection requirements as provided for in the rules and regulations which it has promulgated.Inspection during construction and installation shall certify as to the minimum requirements for safety as defined in the construction codes.Inspection requirements of operating equipment shall be in accordance with generally accepted practice and compatible with the actual service conditions, such as:

(a)Previous experience, based on records of inspection, performance and maintenance;

(b)Location, with respect to personnel hazard;

(c)Quality of inspection and operating personnel;

(d)Provision for related safe operation controls;

(e)Interrelation with other operations outside the scope of sections 650.200 to 650.290.

3.The inspections required in this section shall be made by the chief inspector, by a deputy inspector, or by a special inspector provided for in sections 650.200 to 650.290.

4.If at any time a test is deemed necessary for a stated cause by an inspector, it shall be made by the owner or user of the boiler or pressure vessel in the presence of and under the supervision of the inspector.A fee in accordance with the fee schedule adopted pursuant to the provisions of subsection 1 of section 650.275, shall be charged for such supervision.

5.All boilers except cast iron sectional boilers, and pressure vessels to be installed in the state after the twelve-month period from the date upon which the rules and regulations of the board become effective shall be inspected during construction as required by the applicable rules and regulations of the board by an inspector authorized to inspect boilers and pressure vessels in this state, or, if constructed outside of the state, by an inspector holding a commission issued by the National Board of Boiler and Pressure Vessel Inspectors.

(L. 1984 H.B. 1060 § 14, A.L. 1990 S.B. 493 & 520)

650.460 - Missouri Public Safety Officer Medal of Valor Fund established — use of funds.

1.There is hereby established in the state treasury a fund to be known as the "Missouri Public Safety Officer Medal of Valor Fund", which shall consist of all moneys that may include any gifts, contributions, grants, or bequests received from federal, state, private, or other sources.The fund shall be administered by the office of administration.Notwithstanding the provisions of section 33.080 to the contrary, moneys in the Missouri public safety officer medal of valor fund shall not be transferred to the credit of the general revenue fund at the end of the biennium.Interest and moneys earned on the fund shall be credited to the fund.

2.Moneys in the fund shall be used solely for the purpose of reimbursing members of the medal of valor review board for their actual and necessary travel expenses and to promote the solicitation for designs for, aid in the manufacture of, and aid in the distribution of the Missouri public safety medal of valor.

(L. 2004 S.B. 972 § 650.620)

650.270 - Operation without inspection certificate, penalty.

It shall be unlawful for any person, firm, partnership or corporation to operate in this state a boiler or pressure vessel, except a pressure vessel covered by owner or user inspection service as provided for in section 650.265, without a valid inspection certificate.The operation of a boiler or pressure vessel without an inspection certificate, or at a pressure exceeding that specified in the inspection certificate, is a class A misdemeanor.Each day of unlawful operation is a separate offense.

(L. 1984 H.B. 1060 § 16)

650.393 - Commission established, membership, terms.

1.The governing body of a county may establish an emergency communications system commission within the geographical boundaries of such county.Each such commission shall be composed of seven commissioners appointed by the chief executive officer of the county in which the commission is established.

2.The commission shall include a chief of police of a municipality located within the county, the chief of the police or the sheriff of the county, a chief of a municipal fire department located within the county, a chief of a fire protection district located within the county, and three at-large commissioners, who shall be residents of the county, all subject to the confirmation of the governing body of the county.Where applicable, the member who is a municipal chief of police shall be chosen from those persons nominated by a local police chiefs association.The members who are chiefs of either a municipal fire department or a fire protection district shall be chosen from those persons nominated by a local fire chiefs association.One at-large commissioner shall be chosen from those persons nominated by a local municipal league or organization.At least two of the at-large commissioners shall be persons who are not employed by a fire department or district, a police or sheriff's department, or any emergency medical system, or who are not elected or appointed officials of a political subdivision of the state or are not employed by the state of Missouri.

3.The terms of office of the commissioner who is a chief of police or sheriff of the county shall be coterminous with such person's term of office as chief of police or sheriff.At the first meeting of the commission, the other commissioners shall choose the length of their terms, with two commissioners serving for two years, three commissioners serving for three years and one commissioner serving for four years.All succeeding commissioners shall serve for five years.Terms shall end on December thirty-first of the respective year.No commissioner shall serve for more than two consecutive full terms.A commissioner who is not an at-large commissioner shall remain in office only so long as he or she retains office with the department or district that such commissioner served at the time such person was appointed to the board of commissioners.Vacancies on the board of commissioners shall be filled by persons appointed by the chief executive officer of the county in the same manner by which the commissioner whose office is vacant was first appointed.

(L. 2002 S.B. 795)

650.025 - Missing and endangered persons advisory system created — definitions — rulemaking authority.

1.There is hereby created an advisory system, referred to in this section as the "system", to aid in the identification and location of missing endangered persons.

2.For the purposes of this section, "missing endangered person" means a person whose whereabouts are unknown and who is:

(1)Physically or mentally disabled to the degree that the person is dependent upon an agency or another individual;

(2)Missing under circumstances indicating that the missing person's safety may be in danger; or

(3)Missing under involuntary or unknown circumstances.

3.The department of public safety has the authority to promulgate rules establishing recommended procedures for issuing missing endangered person advisories.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, 2007, shall be invalid and void.

(L. 2007 S.B. 84)

650.325 - Missouri 911 service board established.

There is hereby established within the department of public safety the "Missouri 911 Service Board" which is charged with assisting and advising the state in ensuring the availability, implementation and enhancement of a statewide emergency telephone number common to all jurisdictions through research, planning, training, and education, but shall have no authority over communications service providers as defined in section 190.400.The board shall represent all entities and jurisdictions before appropriate policy-making authorities and the general assembly and shall strive toward the immediate access to emergency services for all citizens of this state, including text to 911.

(L. 1997 H.B. 816, A.L. 2017 S.B. 503)

CROSS REFERENCE:

Audit of board authorized, 190.334

650.225 - Maximum allowable pressure.

1.The maximum allowable pressure of a boiler carrying the ASME code symbol or of a pressure vessel carrying the ASME or API-ASME code symbol shall be determined by the applicable sections of the code under which it was constructed and stamped, or a later edition of the ASME code, provided that the rerating has been performed in accordance with the rules of such later edition.

2.The maximum allowable pressure of a boiler or pressure vessel which does not carry the ASME or the API-ASME code symbol shall be computed in accordance with the inspection code of the National Board of Boiler and Pressure Vessel Inspectors, or, when applicable, ANSI/API Standard 510, Pressure Vessel Inspection Code, unless the pressure vessel is of a special construction, in which case the board may grant at its discretion a special installation and operating permit for a pressure vessel of special design or construction, consistent with the safety objectives of the rules and regulations.

3.Sections 650.200 to 650.290 shall not be construed as in any way preventing the use, sale or reinstallation of a boiler or pressure vessel referred to in this section, provided it has been made to conform to the rules and regulations of the board governing existing installations; and provided, further, it has not been found upon inspection to be in an unsafe condition.

(L. 1984 H.B. 1060 § 6)

650.285 - Appeals, procedure.

Any person aggrieved by an order or act of the director or the chief inspector under sections 650.200 to 650.290 may, within fifteen days' notice thereof, appeal from the order or act to the board which shall, within thirty days thereafter, issue an appropriate order either approving or disapproving the order or act.A copy of the order by the board shall be given to all interested parties.Within thirty days after any order or act of the board any person aggrieved by a final order of the board shall be entitled to a judicial review thereof as provided in sections 536.100 to 536.140.

(L. 1984 H.B. 1060 § 19)

650.399 - Tax levied, vote required, ballot language — effective date — fund created, use of moneys.

1.The board of commissioners may, by a majority vote of its members, request that the governing body of the county submit to the qualified voters of such county at a general, primary or special election either of the questions contained in subsection 2 of this section.The governing body may approve or deny such request.The governing body may also vote to submit such question without a request of the board of commissioners.The county election official shall give legal notice of the election pursuant to chapter 115.

2.The questions shall be put in substantially the following form:

(1)Shall (name of county) establish an emergency communications system fund to establish (and/or) maintain an emergency communications system, and for which the county shall levy a tax of (insert exact amount, not to exceed six cents) per each one hundred dollars assessed valuation therefor, to be paid into the fund for that purpose?
YESNO

; or

(2)Shall (name of county) establish an emergency communications system fund to establish (and/or) maintain an emergency communications system, and for which the county shall levy a sales tax of (insert exact amount, not to exceed one-tenth of one percent), to be paid into the fund for that purpose?
YESNO

3.The election shall be conducted and vote canvassed in the same manner as other county elections.If the majority of the qualified voters voting thereon vote in favor of such tax, then the county shall levy such tax in the specified amount, beginning in the tax year immediately following its approval.The tax so levied shall be collected along with other county taxes in the manner provided by law.If the majority of the qualified voters voting thereon vote against such tax, then such tax shall not be imposed unless such tax is resubmitted to the voters and a majority of the qualified voters voting thereon approve such tax.

4.If a majority of the votes cast on the question by the qualified voters voting thereon are in favor of the question authorizing a sales tax, then the tax shall become effective on the first day of the second calendar quarter after the director of revenue receives notification of adoption of the local sales tax.Any sales tax levied under this section shall apply to all retail sales made within the county which are subject to sales tax under chapter 144, except sales of food as defined in section 144.014.If a majority of the votes cast on the question by the qualified voters voting thereon are opposed to the question authorizing the sales tax, then the tax shall not become effective unless and until the question is resubmitted under this section to the qualified voters and such question is approved by a majority of the qualified voters voting on the question, but no question shall be resubmitted under this section sooner than twelve months from the date of the last question submitted to and opposed by the voters under this section.

5.Except as modified in this section, all provisions of sections 32.085 and 32.087 shall apply to the tax imposed under this section.

6.All revenue collected under this section by the director of the department of revenue on behalf of any county, except for one percent for the cost of collection which shall be deposited in the state's general revenue fund, shall be deposited in a special trust fund, which is hereby created and shall be known as the "County Emergency Communications Sales Tax Fund", and shall be used solely for the designated purposes.Moneys in the fund shall not be deemed to be state funds, and shall not be commingled with any funds of the state.The director may make refunds from the amounts in the fund and credited to the county for erroneous payments and overpayments made, and may redeem dishonored checks and drafts deposited to the credit of such county.Any funds in the special fund which are not needed for current expenditures shall be invested in the same manner as other funds are invested.Any interest and moneys earned on such investments shall be credited to the fund.Not later than the tenth day of each month, the director of revenue shall distribute all moneys deposited in the fund during the preceding month by distributing the sum due the county as certified by the director of revenue to the county treasurer, or such other officer as may be designated by the county ordinance or order, of each county imposing the tax authorized by this section.

7.If the tax is repealed or terminated by any means, all funds remaining in the special trust fund shall continue to be used solely for the designated purposes, and the county shall notify the director of the department of revenue of the action at least ninety days before the effective date of the repeal and the director may order retention in the trust fund, for a period of one year, of two percent of the amount collected after receipt of such notice to cover possible refunds or overpayment of the tax and to redeem dishonored checks and drafts deposited to the credit of such accounts.After one year has elapsed after the effective date of abolition of the tax in such county, the director shall remit the balance in the account to the county and close the account of that county.The director shall notify each county of each instance of any amount refunded or any check redeemed from receipts due the county.

(L. 2002 S.B. 795, A.L. 2010 H.B. 2070)

650.295 - Backflow prevention assembly tester — eligibility for registration, licensing — political subdivisions may set additional standards.

Any person certified by the department of natural resources as a certified backflow prevention assembly tester shall be eligible to be registered or licensed by any county, city, town, village or other political subdivision of this state to test and repair a backflow prevention assembly pursuant to the practice of his or her trade within that political subdivision as long as he or she maintains state certification as a backflow prevention assembly tester.However, political subdivisions may set additional testing standards for individuals who are seeking to be certified as backflow prevention assembly testers.Notwithstanding any other provision of law to the contrary, agencies of the state or its political subdivisions shall only require carbonated beverage dispensers to conform to the backflow protection requirements established in the National Sanitation Foundation standard eighteen, and the dispensers shall be so listed by an independent testing laboratory.

(L. 1990 S.B. 493 & 520 § 1, A.L. 1999 S.B. 160 & 82)

650.056 - Evidence capable of being tested for DNA must be preserved.

Any evidence leading to a conviction of a felony described in subsection 1 of section 650.055 which has been or can be tested for DNA shall be preserved by the investigating law enforcement agency.

(L. 2001 S.B. 267 § 1, A.L. 2006 S.B. 1023)

650.156 - Formation of group — power of arrest — cooperation.

1.Any two or more political subdivisions or the state highway patrol and any one or more political subdivisions may by order or ordinance agree to cooperate with one another in the formation of a multijurisdictional enforcement group for the purpose of intensive professional investigation of computer, internet-based, narcotics and drug law violations.

2.The power of arrest of any peace officer who is duly authorized as a member of a MEG unit shall only be exercised during the time such peace officer is an active member of a MEG unit and only within the scope of the investigation on which the MEG unit is working.Notwithstanding other provisions of law to the contrary, such MEG officer shall have the power of arrest, as limited in this subsection, anywhere in the state and shall provide prior notification to the chief of police of the municipality in which the arrest is to take place or the sheriff of the county if the arrest is to be made in his venue.If exigent circumstances exist, such arrest may be made; however, notification shall be made to the chief of police or sheriff, as appropriate, as soon as practical.The chief of police or sheriff may elect to work with the MEG unit at his or her option when such MEG is operating within the jurisdiction of such chief of police or sheriff.

(L. 1993 S.B. 180 § 4, A.L. 2003 S.B. 184, A.L. 2014 S.B. 491)

Transferred 2014; formerly 195.505; Effective 1-02-17

650.052 - Consultation with crime laboratories — DNA system, powers and duties — expert testimony — rulemaking authority.

1.The state's DNA profiling system shall:

(1)Assist federal, state and local criminal justice and law enforcement agencies in the identification, detection or exclusion of individuals who are subjects of the investigation or prosecution of criminal offenses in which biological evidence is recovered or obtained; and

(2)If personally identifiable information is removed, support development of forensic validation studies, forensic protocols, and the establishment and maintenance of a population statistics database for federal, state, or local crime laboratories of law enforcement agencies; and

(3)Assist in the recovery or identification of human remains from mass disasters, or for other humanitarian purposes, including identification of missing persons.

2.The Missouri state highway patrol shall act as the central repository for the DNA profiling system and shall collaborate with the Federal Bureau of Investigation and other criminal justice agencies relating to the state's participation in CODIS and the National DNA Index System or in any DNA database.

3.The Missouri state highway patrol may promulgate rules and regulations to implement the provisions of sections 650.050 to 650.100 in accordance with Federal Bureau of Investigation recommendations for the form and manner of collection of blood or other scientifically accepted biological samples and other procedures for the operation of sections 650.050 to 650.100.No rule or portion of a rule promulgated pursuant to the authority of this section shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.

4.The Missouri state highway patrol shall provide the necessary components for collection of the biological samples from qualified individuals as defined in section 650.055 for the DNA profiling system.

(1)For qualified offenders as defined by section 650.055 who are under custody and control of the department of corrections, the fingerprint and DNA sample collection shall be performed by the department of corrections and the division of probation and parole, or their authorized designee or contracted third party.

(2)For qualified offenders as defined by section 650.055 who are under custody and control of a city or county jail, the fingerprint and DNA sample collections shall be performed by the city or county jail or its authorized designee or contracted third party.

(3)For qualified offenders as defined by section 650.055 who are under the custody and control of companies contracted by the county or court to perform supervision and/or treatment of the offender, the sheriff's department of the sentencing court shall perform the DNA sample collection and obtain a fingerprint.

(4)For a person who is required to register as a sexual offender under sections 589.400 to 589.425, the registering agency shall obtain the DNA sample and fingerprint.

5.The specimens shall thereafter be forwarded to the Missouri state highway patrol crime laboratory.Any DNA profiling analysis or collection of DNA samples by the state or any county performed pursuant to sections 650.050 to 650.100 shall be subject to appropriations.

6.The state's participating forensic DNA laboratories shall meet quality assurance standards specified by the Missouri state highway patrol crime laboratory and the Federal Bureau of Investigation to ensure quality DNA identification records submitted to the central repository.

7.The state's participating forensic DNA laboratories may provide the system for identification purposes to criminal justice, law enforcement officials and prosecutors in the preparation and utilization of DNA evidence for presentation in court and provide expert testimony in court on DNA evidentiary issues.

8.The department of public safety shall have the authority to promulgate rules and regulations to carry out the provisions of sections 650.050 to 650.100.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, 2004, shall be invalid and void.

(L. 1996 S.B. 578, A.L. 2004 S.B. 1000, A.L. 2005 S.B. 423, A.L. 2009 H.B. 62 merged with H.B. 152, A.L. 2009 H.B. 62 merged with H.B. 152)

650.402 - Emergency communications system fund established, use of funds, administration.

All funds collected from any tax approved pursuant to section 650.399 shall be deposited in a special county fund, to be designated the "Emergency Communications System Fund".The fund shall be held and managed in the same manner as all other funds of such county.The fund shall be administered by the board of commissioners to accomplish the purposes set out in sections 650.396, 650.405 and 650.411, and shall be used for no other purpose.

(L. 2002 S.B. 795)

650.457 - Missouri Medal of Valor Review Board established, membership — term — vacancies — duties.

1.There is established a "Missouri Medal of Valor Review Board", the members of which shall be individuals with knowledge or expertise, whether by experience or training, in the field of public safety, which shall conduct its business in accordance with sections 650.450 to 650.460, and be composed of eleven members, all residents of Missouri, and appointed in the following manner:

(1)One member shall be either the director of the department of public safety or a designee appointed by the director;

(2)One member shall be a police chief;

(3)One member shall be a fire chief;

(4)One member shall be an elected county sheriff;

(5)One member shall be the director of an ambulance district;

(6)One member shall be a citizen with experience in law enforcement;

(7)One member shall be a citizen with experience in corrections;

(8)One member shall be a citizen with experience in fire fighting;

(9)One member shall be a citizen with experience in emergency medical services; and

(10)Two members shall be appointed at the governor's discretion.

2.The term of a board member shall be four years.

3.Any vacancy in the membership of the board shall not affect the powers of the board and shall be filled in the same manner as the original appointment.

4.(1)The chairman of the board shall be elected by the members of the board from among the members of the board.

(2)The board shall conduct its first meeting not later than ninety days after the appointment of the last member appointed of the initial group of members appointed to the board.Thereafter, the board shall meet at the call of the chairman of the board.The board shall meet not less often than once each year and not more than three times a year.

(3)A majority of the members shall constitute a quorum to conduct business, but the board may establish a lesser quorum for conducting hearings scheduled by the board.The board may establish by majority vote any other rules for the conduct of the board's business, if such rules are not inconsistent with sections 650.450 to 650.460 or other applicable law.

(4)The board shall select candidates as recipients of the medal from among those applications received by the board.Not more often than once each year, the board shall present to the governor the name or names of those it recommends as medal recipients.In a given year, the board shall not be required to select any recipients but may not select more than seven recipients.The governor may in extraordinary cases increase the number of recipients in a given year.The board shall set an annual timetable for fulfilling its duties under sections 650.450 to 650.460.

(5)The board may secure directly from any department or agency such information as the board considers necessary to carry out its duties.Upon the request of the board, the head of such department or agency may furnish such information to the board.

(6)The board shall not disclose any information which may compromise an ongoing law enforcement investigation or is otherwise required by law to be kept confidential.

(7)The members of the board shall serve without compensation, except that the members may be reimbursed for reasonable and necessary expenses arising from board activities or business.Such expenses shall be paid by the department of public safety from the fund created pursuant to section 650.460.

(L. 2004 S.B. 972 § 650.615)

650.153 - Definitions.

As used in sections 650.150 to 650.165, the following terms mean:

(1)"Department", the department of public safety;

(2)"Director", the director of the department of public safety;

(3)"Drug laws", all laws regulating the production, sale, prescribing, manufacturing, administering, transporting, having in possession, dispensing, distributing, or use of controlled substances, as defined in section 195.010;

(4)"Multijurisdictional enforcement group", or "MEG", a combination of political subdivisions established under sections 573.500* and 573.503, section 178.653, and section 311.329 to investigate and enforce computer, internet-based, narcotics, and drug violations.

(L. 1993 S.B. 180 § 3, A.L. 2007 H.B. 41, A.L. 2014 S.B. 491)

Transferred 2014; formerly 195.503; Effective 1-01-17.

*Section 573.500 was repealed by S.B. 491, 2014, effective 1-01-17.

650.057 - Local law enforcement agencies not to operate system, exceptions — rules authorized — DNA evidence in court use by local law enforcers.

1.Except as provided in subsection 3 of this section, no local law enforcement agency may establish or operate a system unless:

(1)The equipment of the local system is compatible with that of the state system; and

(2)The local system is equipped to receive and answer inquiries from the Missouri DNA profiling system or FBI databank and transmit data to the Missouri DNA profiling system and FBI databank; and

(3)The procedure and rules for the collection, analysis, storage, expungement and use of DNA profiling data do not conflict with procedures and rules applicable to the Missouri system and the FBI DNA databank.

2.The Missouri department of public safety shall adopt rules to implement this section.

3.Nothing in subdivisions (1) and (2) of this section shall prohibit a local law enforcement agency from performing DNA profiling analysis in individual cases to assist law enforcement officials and prosecutors in the preparation and use of DNA evidence for presentation in court.Implementation of sections 650.050 to 650.057 shall be subject to future appropriations except for section 650.050.

(L. 1991 S.B. 152 § 4, A.L. 2006 S.B. 1023)

650.290 - Law not applicable in certain cities and counties.

The provisions of sections 650.200 to 650.290 shall not apply in cities or chartered counties which regulate boilers and/or pressure vessels by ordinance.

(L. 1984 H.B. 1060 § 20)

650.277 - Fees for inspection, permits, licenses, and certificates, amount determined by board — boiler and pressure vessels safety fund established.

1.As otherwise provided by sections 650.200 to 650.295, the boiler and pressure vessel board shall set fees for inspection, permits, licenses, and certificates required by sections 650.200 to 650.295.Fees shall be determined by the board to provide sufficient funds for the operation of the board and shall be set by rule or regulation promulgated in accordance with the provisions of section 536.021.The board may alter the fee schedule once every two years.Any funds collected pursuant to sections 650.200 to 650.295 shall be deposited in the "Boiler and Pressure Vessels Safety Fund", which is hereby created.Beginning July 1, 2003, moneys in the fund shall be appropriated from the fund for the expenses of the board.A municipality or other political subdivision enforcing the provisions of sections 650.200 to 650.295 and which performs the inspections, permitting, licensing, and certification as required, the fee for such inspection shall be paid directly to the municipality or political subdivision and shall not be preempted by sections 650.200 to 650.295, except that any fee established by the board for the issuance of appropriate state certificates shall be paid to the board.

2.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 or under the authority of sections 650.210 to 650.275 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, 2002, shall be invalid and void.

(L. 2002 S.B. 795)

650.390 - Definitions.

As used in sections 650.390 to 650.411, the following words and terms mean:

(1)"Board of commissioners", a board appointed by the chief executive officer of the governing body within a service area for the purpose of administering a county emergency communications system.No board of commissioners established pursuant to sections 650.390 to 650.411 shall have jurisdiction over local emergency or police dispatching agencies;

(2)"County", any charter county with a population of more than nine hundred thousand inhabitants;

(3)"Emergency communications system", a wireless radio communication network, including infrastructure hardware and software, providing communications links that permit participating governmental or public safety entities to communicate within the area served by such system which is coterminous with the geographic boundaries of the county in which the emergency communications system is situated;

(4)"Governing body", the legislative body of any county with a charter form of government and a population of more than nine hundred thousand inhabitants.

(L. 2002 S.B. 795)

650.280 - Chief and deputy inspectors to furnish bond.

The chief inspector shall furnish a bond in the sum of five thousand dollars and each of the deputy inspectors, employed and paid by the state, shall furnish a bond in the sum of two thousand dollars, conditioned upon the faithful performance of their duties and upon a true account of moneys handled by them respectively and the payment thereof to the proper recipient.The cost of the bonds shall be paid by the state.