Missouri SB 198: Creates the Department of Military Forces

Bill Text

EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
FIRST REGULAR SESSION
SENATE COMMITTEE SUBSTITUTE FOR
SENATE BILL NO. 198
101ST GENERAL ASSEMBLY
0998S.03C ADRIANE D. CROUSE, Secretary
AN ACT
To repeal section 650.005, RSMo, and to enact in lieu thereof two new sections relating to military
forces, with a contingent effective date.

Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Section 650.005, RSMo, is repealed and two new 1
sections enacted in lieu thereof, to be known as sections 41.035 2
and 650.005, to read as follows:3
41.035. 1. There is hereby created and established as 1
a department of state government, the "Department of 2
Military Forces" headed by the adjutant general as provided 3
in Article IV of the Constitution of Missouri, and this 4
chapter and other chapters. The department of military 5
forces shall administer the militia and programs of the 6
state relating to military forces, except for the Missouri 7
veterans commission which is assigned to the department of 8
public safety as provided in chapters 42 and 650. 9
2. The office of adjutant general and the state 10
militia are hereby transferred to the department of military 11
forces by a type I transfer as defined in section 1 of the 12
Omnibus State Reorganization Act of 1974. 13
3. Nothing herein shall be construed to interfere with 14
the powers and duties of the governor provided in Article 15
IV, Section 6 of the Constitution of Missouri or this 16
chapter. 17

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4. Rules necessary to administer and implement this 18
section may be established by the department. Any rule or 19
portion of a rule, as that term is defined in section 20
536.010, that is created under the authority delegated in 21
this section shall become effective only if it complies with 22
and is subject to all of the provisions of chapter 536 and, 23
if applicable, section 536.028. This section and chapter 24
536 are nonseverable and if any of the powers vested with 25
the general assembly pursuant to chapter 536 to review, to 26
delay the effective date, or to disapprove and annul a rule 27
are subsequently held unconstitutional, then the grant of 28
rulemaking authority and any rule proposed or adopted after 29
the effective date of this act shall be invalid and void. 30
650.005. 1. There is hereby created a "Department of 1
Public Safety" in charge of a director appointed by the 2
governor with the advice and consent of the senate. The 3
department's role will be to provide overall coordination in 4
the state's public safety and law enforcement program, to 5
provide channels of coordination with local and federal 6
agencies in regard to public safety, law enforcement and 7
with all correctional and judicial agencies in regard to 8
matters pertaining to its responsibilities as they may 9
interrelate with the other agencies or offices of state, 10
local or federal governments. 11
2. All the powers, duties and functions of the state 12
highway patrol, chapter 43 and others, are transferred by 13
type II transfer to the department of public safety. The 14
governor by and with the advice and consent of the senate 15
shall appoint the superintendent of the patrol. With the 16
exception of sections 43.100 to 43.120 relating to financial 17
procedures, the director of public safety shall succeed the 18
state highways and transportation commission in approving 19

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actions of the superintendent and related matters as 20
provided in chapter 43. Uniformed members of the patrol 21
shall be selected in the manner provided by law and shall 22
receive the compensation provided by law. Nothing in the 23
Reorganization Act of 1974, however, shall be interpreted to 24
affect the funding of appropriations or the operation of 25
chapter 104 relating to retirement system coverage or 26
section 226.160 relating to workers' compensation for 27
members of the patrol. 28
3. All the powers, duties and functions of the 29
supervisor of liquor control, chapter 311 and others, are 30
transferred by type II transfer to the department of public 31
safety. The supervisor shall be nominated by the department 32
director and appointed by the governor with the advice and 33
consent of the senate. The supervisor shall appoint such 34
agents, assistants, deputies and inspectors as limited by 35
appropriations. All employees shall have the qualifications 36
provided by law and may be removed by the supervisor or 37
director of the department as provided in section 311.670. 38
4. All the powers, duties and functions of the safety 39
and fire prevention bureau of the department of public 40
health and welfare are transferred by type I transfer to the 41
director of public safety. 42
5. All the powers, duties and functions of the state 43
fire marshal, chapter 320 and others, are transferred to the 44
department of public safety by a type I transfer. 45
6. All