State Codes and Statutes

Statutes > Missouri > T40 > C650 > 650_005

Department of public safetycreated--director--appointment--department's duties--rules,procedure.

650.005. 1. There is hereby created a "Department of Public Safety"in charge of a director appointed by the governor with the advice andconsent of the senate. The department's role will be to provide overallcoordination in the state's public safety and law enforcement program, toprovide channels of coordination with local and federal agencies in regardto public safety, law enforcement and with all correctional and judicialagencies in regard to matters pertaining to its responsibilities as theymay interrelate with the other agencies or offices of state, local orfederal governments.

2. All the powers, duties and functions of the state highway patrol,chapter 43, RSMo, and others, are transferred by type II transfer to thedepartment of public safety. The governor by and with the advice andconsent of the senate shall appoint the superintendent of the patrol. Withthe exception of sections 43.100 to 43.120, RSMo, relating to financialprocedures, the director of public safety shall succeed the state highwaysand transportation commission in approving actions of the superintendentand related matters as provided in chapter 43, RSMo. Uniformed members ofthe patrol shall be selected in the manner provided by law and shallreceive the compensation provided by law. Nothing in the ReorganizationAct of 1974, however, shall be interpreted to affect the funding ofappropriations or the operation of chapter 104, RSMo, relating toretirement system coverage or section 226.160, RSMo, relating to workers'compensation for members of the patrol.

3. All the powers, duties and functions of the supervisor of liquorcontrol, chapter 311, RSMo, and others, are transferred by type II transferto the department of public safety. The supervisor shall be nominated bythe department director and appointed by the governor with the advice andconsent of the senate. The supervisor shall appoint such agents,assistants, deputies and inspectors as limited by appropriations. Allemployees shall have the qualifications provided by law and may be removedby the supervisor or director of the department as provided in section311.670, RSMo.

4. The director of public safety, superintendent of the highwaypatrol and transportation division of the department of economicdevelopment are to examine the motor carrier inspection laws and practicesin Missouri to determine how best to enforce the laws with a minimum ofduplication, harassment of carriers and to improve the effectiveness ofsupervision of weight and safety requirements and to report to the governorand general assembly by January 1, 1975, on their findings and on anyactions taken.

5. The Missouri division of highway safety is transferred by type Itransfer to the department of public safety. The division shall be incharge of a director who shall be appointed by the director of thedepartment.

6. All the powers, duties and functions of the safety and fireprevention bureau of the department of public health and welfare aretransferred by type I transfer to the director of public safety.

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

8. All the powers, duties and functions of the law enforcementassistance council administering federal grants, planning and the likerelating to Public Laws 90-351, 90-445 and related acts of Congress aretransferred by type I transfer to the director of public safety. Thedirector of public safety shall appoint such advisory bodies as arerequired by federal laws or regulations. The council is abolished.

9. The director of public safety shall promulgate motor vehicleregulations and be ex officio a member of the safety compact commission inplace of the director of revenue and all powers, duties and functionsrelating to chapter 307, RSMo, are transferred by type I transfer to thedirector of public safety.

10. The office of adjutant general and the state militia are assignedto the department of public safety; provided, however, nothing herein shallbe construed to interfere with the powers and duties of the governor asprovided in article IV, section 6 of the Constitution of the state ofMissouri or chapter 41, RSMo.

11. All the powers, duties and functions of the Missouri boatcommission, chapter 306, RSMo, and others, are transferred by type Itransfer to the "Missouri State Water Patrol", which is hereby created, inthe department of public safety. The Missouri boat commission and theoffice of secretary to the commission are abolished. The Missouri statewater patrol shall be headed by a boat commissioner who shall be appointedby the governor, with the advice and consent of the senate. All deputyboat commissioners and all other employees of the commission who wereemployed on February 1, 1974, shall be transferred to the water patrolwithout further qualification.

12. The division of veterans affairs, chapter 42, RSMo, is assignedto the office of adjutant general. The adjutant general, with the adviceof the veterans' board, shall appoint the director of the division ofveterans affairs who shall serve at the pleasure of the adjutant general.

13. Any rule or portion of a rule, as that term is defined in section536.010, RSMo, that is created under the authority delegated in thissection shall become effective only if it complies with and is subject toall of the provisions of chapter 536, RSMo, and, if applicable, section536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and ifany of the powers vested with the general assembly pursuant to chapter 536,RSMo, to review, to delay the effective date, or to disapprove and annul arule are subsequently held unconstitutional, then the grant of rulemakingauthority and any rule proposed or adopted after August 28, 2009, shall beinvalid 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)

State Codes and Statutes

Statutes > Missouri > T40 > C650 > 650_005

Department of public safetycreated--director--appointment--department's duties--rules,procedure.

650.005. 1. There is hereby created a "Department of Public Safety"in charge of a director appointed by the governor with the advice andconsent of the senate. The department's role will be to provide overallcoordination in the state's public safety and law enforcement program, toprovide channels of coordination with local and federal agencies in regardto public safety, law enforcement and with all correctional and judicialagencies in regard to matters pertaining to its responsibilities as theymay interrelate with the other agencies or offices of state, local orfederal governments.

2. All the powers, duties and functions of the state highway patrol,chapter 43, RSMo, and others, are transferred by type II transfer to thedepartment of public safety. The governor by and with the advice andconsent of the senate shall appoint the superintendent of the patrol. Withthe exception of sections 43.100 to 43.120, RSMo, relating to financialprocedures, the director of public safety shall succeed the state highwaysand transportation commission in approving actions of the superintendentand related matters as provided in chapter 43, RSMo. Uniformed members ofthe patrol shall be selected in the manner provided by law and shallreceive the compensation provided by law. Nothing in the ReorganizationAct of 1974, however, shall be interpreted to affect the funding ofappropriations or the operation of chapter 104, RSMo, relating toretirement system coverage or section 226.160, RSMo, relating to workers'compensation for members of the patrol.

3. All the powers, duties and functions of the supervisor of liquorcontrol, chapter 311, RSMo, and others, are transferred by type II transferto the department of public safety. The supervisor shall be nominated bythe department director and appointed by the governor with the advice andconsent of the senate. The supervisor shall appoint such agents,assistants, deputies and inspectors as limited by appropriations. Allemployees shall have the qualifications provided by law and may be removedby the supervisor or director of the department as provided in section311.670, RSMo.

4. The director of public safety, superintendent of the highwaypatrol and transportation division of the department of economicdevelopment are to examine the motor carrier inspection laws and practicesin Missouri to determine how best to enforce the laws with a minimum ofduplication, harassment of carriers and to improve the effectiveness ofsupervision of weight and safety requirements and to report to the governorand general assembly by January 1, 1975, on their findings and on anyactions taken.

5. The Missouri division of highway safety is transferred by type Itransfer to the department of public safety. The division shall be incharge of a director who shall be appointed by the director of thedepartment.

6. All the powers, duties and functions of the safety and fireprevention bureau of the department of public health and welfare aretransferred by type I transfer to the director of public safety.

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

8. All the powers, duties and functions of the law enforcementassistance council administering federal grants, planning and the likerelating to Public Laws 90-351, 90-445 and related acts of Congress aretransferred by type I transfer to the director of public safety. Thedirector of public safety shall appoint such advisory bodies as arerequired by federal laws or regulations. The council is abolished.

9. The director of public safety shall promulgate motor vehicleregulations and be ex officio a member of the safety compact commission inplace of the director of revenue and all powers, duties and functionsrelating to chapter 307, RSMo, are transferred by type I transfer to thedirector of public safety.

10. The office of adjutant general and the state militia are assignedto the department of public safety; provided, however, nothing herein shallbe construed to interfere with the powers and duties of the governor asprovided in article IV, section 6 of the Constitution of the state ofMissouri or chapter 41, RSMo.

11. All the powers, duties and functions of the Missouri boatcommission, chapter 306, RSMo, and others, are transferred by type Itransfer to the "Missouri State Water Patrol", which is hereby created, inthe department of public safety. The Missouri boat commission and theoffice of secretary to the commission are abolished. The Missouri statewater patrol shall be headed by a boat commissioner who shall be appointedby the governor, with the advice and consent of the senate. All deputyboat commissioners and all other employees of the commission who wereemployed on February 1, 1974, shall be transferred to the water patrolwithout further qualification.

12. The division of veterans affairs, chapter 42, RSMo, is assignedto the office of adjutant general. The adjutant general, with the adviceof the veterans' board, shall appoint the director of the division ofveterans affairs who shall serve at the pleasure of the adjutant general.

13. Any rule or portion of a rule, as that term is defined in section536.010, RSMo, that is created under the authority delegated in thissection shall become effective only if it complies with and is subject toall of the provisions of chapter 536, RSMo, and, if applicable, section536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and ifany of the powers vested with the general assembly pursuant to chapter 536,RSMo, to review, to delay the effective date, or to disapprove and annul arule are subsequently held unconstitutional, then the grant of rulemakingauthority and any rule proposed or adopted after August 28, 2009, shall beinvalid 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)


State Codes and Statutes

State Codes and Statutes

Statutes > Missouri > T40 > C650 > 650_005

Department of public safetycreated--director--appointment--department's duties--rules,procedure.

650.005. 1. There is hereby created a "Department of Public Safety"in charge of a director appointed by the governor with the advice andconsent of the senate. The department's role will be to provide overallcoordination in the state's public safety and law enforcement program, toprovide channels of coordination with local and federal agencies in regardto public safety, law enforcement and with all correctional and judicialagencies in regard to matters pertaining to its responsibilities as theymay interrelate with the other agencies or offices of state, local orfederal governments.

2. All the powers, duties and functions of the state highway patrol,chapter 43, RSMo, and others, are transferred by type II transfer to thedepartment of public safety. The governor by and with the advice andconsent of the senate shall appoint the superintendent of the patrol. Withthe exception of sections 43.100 to 43.120, RSMo, relating to financialprocedures, the director of public safety shall succeed the state highwaysand transportation commission in approving actions of the superintendentand related matters as provided in chapter 43, RSMo. Uniformed members ofthe patrol shall be selected in the manner provided by law and shallreceive the compensation provided by law. Nothing in the ReorganizationAct of 1974, however, shall be interpreted to affect the funding ofappropriations or the operation of chapter 104, RSMo, relating toretirement system coverage or section 226.160, RSMo, relating to workers'compensation for members of the patrol.

3. All the powers, duties and functions of the supervisor of liquorcontrol, chapter 311, RSMo, and others, are transferred by type II transferto the department of public safety. The supervisor shall be nominated bythe department director and appointed by the governor with the advice andconsent of the senate. The supervisor shall appoint such agents,assistants, deputies and inspectors as limited by appropriations. Allemployees shall have the qualifications provided by law and may be removedby the supervisor or director of the department as provided in section311.670, RSMo.

4. The director of public safety, superintendent of the highwaypatrol and transportation division of the department of economicdevelopment are to examine the motor carrier inspection laws and practicesin Missouri to determine how best to enforce the laws with a minimum ofduplication, harassment of carriers and to improve the effectiveness ofsupervision of weight and safety requirements and to report to the governorand general assembly by January 1, 1975, on their findings and on anyactions taken.

5. The Missouri division of highway safety is transferred by type Itransfer to the department of public safety. The division shall be incharge of a director who shall be appointed by the director of thedepartment.

6. All the powers, duties and functions of the safety and fireprevention bureau of the department of public health and welfare aretransferred by type I transfer to the director of public safety.

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

8. All the powers, duties and functions of the law enforcementassistance council administering federal grants, planning and the likerelating to Public Laws 90-351, 90-445 and related acts of Congress aretransferred by type I transfer to the director of public safety. Thedirector of public safety shall appoint such advisory bodies as arerequired by federal laws or regulations. The council is abolished.

9. The director of public safety shall promulgate motor vehicleregulations and be ex officio a member of the safety compact commission inplace of the director of revenue and all powers, duties and functionsrelating to chapter 307, RSMo, are transferred by type I transfer to thedirector of public safety.

10. The office of adjutant general and the state militia are assignedto the department of public safety; provided, however, nothing herein shallbe construed to interfere with the powers and duties of the governor asprovided in article IV, section 6 of the Constitution of the state ofMissouri or chapter 41, RSMo.

11. All the powers, duties and functions of the Missouri boatcommission, chapter 306, RSMo, and others, are transferred by type Itransfer to the "Missouri State Water Patrol", which is hereby created, inthe department of public safety. The Missouri boat commission and theoffice of secretary to the commission are abolished. The Missouri statewater patrol shall be headed by a boat commissioner who shall be appointedby the governor, with the advice and consent of the senate. All deputyboat commissioners and all other employees of the commission who wereemployed on February 1, 1974, shall be transferred to the water patrolwithout further qualification.

12. The division of veterans affairs, chapter 42, RSMo, is assignedto the office of adjutant general. The adjutant general, with the adviceof the veterans' board, shall appoint the director of the division ofveterans affairs who shall serve at the pleasure of the adjutant general.

13. Any rule or portion of a rule, as that term is defined in section536.010, RSMo, that is created under the authority delegated in thissection shall become effective only if it complies with and is subject toall of the provisions of chapter 536, RSMo, and, if applicable, section536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and ifany of the powers vested with the general assembly pursuant to chapter 536,RSMo, to review, to delay the effective date, or to disapprove and annul arule are subsequently held unconstitutional, then the grant of rulemakingauthority and any rule proposed or adopted after August 28, 2009, shall beinvalid 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)