Franklin files bill to re-establish State Water Patrol

If state Rep. Diane Franklin has her way, Missouri once again will have a separate Water Patrol.

Franklin, R-Camdenton, filed a bill Monday to reverse the 2011 Water Patrol merger with the state Highway Patrol.

Supporters of the merger argued it would help save the state money by eliminating the duplication of administrative functions in the two patrol operations, which both were part of the state Public Safety department.

Franklin's bill would remove the Water Patrol Division from the Highway Patrol, and re-establish the Missouri State Water Patrol as a separate Public Safety department division.

"We need to return to the days of a focused Water Patrol mission that is fully devoted and passionate for the water and law enforcement," Franklin said in a news release. "This means better training, enhanced resources on the water to increase safety and improved relations with marine interests.

"With public safety as the very top priority, the only way we can really accomplish this is to separate the Water Patrol from the Highway Patrol (and) we can return to the days of a top-notch, nationally recognized Missouri State Water Patrol."

In addition to the administrative functions, Franklin's bill would remove the Water Patrol's facilities and equipment from the Highway Patrol's control, restoring both agencies' operations to the way they were before the 2011 merger.

But her bill would leave radio communications and technology systems for both the Water and Highway patrols under the Public Safety department's purview.

Franklin chaired House hearings about the merger and noted some of the testimony indicated the systems used post-merger enhanced Water Patrol operations.

Also, troopers wishing to transfer between the two patrols would have a one-time option to select a retirement plan matching their personal desires - a process identical to the one used in the 2011 merger.

In her release, Franklin noted the merger - which lawmakers authorized in 2010 - was intended to continue the Water Patrol's strengths and skills built over its half-century history.

She cited Nixon's promise the merger would increase efficiency without reducing the number of officers.

But, Franklin said Monday, now there are fewer uniformed officers exclusively focused on patrolling waterways, and there are decreased water patrol-specific facilities, such as boats.

"There seems to have been a post-merger shift in priority to the Highway Patrol's advantage at the expense of safety and resources on Missouri's waterways," Franklin said in the release. "There are 26 major rivers, 14 major lakes and 300,000 registered vessels operating on 275,000 acres of water in the state.

"There are 7 million visitors at these locations each year. It is reckless to diminish and de-prioritize patrol and law enforcement on these high-traffic venues."

Although Franklin didn't cite it in her news release, the cross-training of Water Patrol and Highway Patrol troopers to do the once-separate functions has been criticized, including complaints that it affected the way trooper Anthony Piercy handled a May 31, 2014, boating-while-intoxicated arrest at the Lake of the Ozarks, that ended when Brandon Ellingson, 20, Clive, Iowa, fell from Piercy's boat and drowned.

Ellingson's family has filed a civil lawsuit against the patrol and several officials, including Piercy.

And last month, special prosecutor William Seay charged Piercy with involuntary manslaughter in the case.

In her release, Franklin said Monday: "The officers within the Water Patrol Division and the Highway Patrol have done a great job carrying out their duties to the very best of their abilities.

"I commend each and every one of them for their hard work to keep Missouri roads and waters safe.

"We must focus on providing officers with the best resources needed to continue providing great service in law enforcement and keeping Missourians safe."

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