COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.:5902H.01I Bill No.:HB 2855 Subject:County Officials; Attorneys; Counties; County Government; Courts; Law
Enforcement Officers and Agencies; Retirement - Local Government
Type:Original Date:April 23, 2024Bill Summary:This proposal modifies provisions relating to county prosecuting attorneys.
FISCAL SUMMARY
ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND
AFFECTED
FY 2025FY 2026FY 2027Fully
Implemented
(FY 2029)
General
Revenue* $0$0$0 or Unknown$0 or Unknown
Total Estimated
Net Effect on
General
Revenue $0$0$0 or Unknown$0 or Unknown
*Oversight assumes additional collections could reach the $250,000 threshold.
ESTIMATED NET EFFECT ON OTHER STATE FUNDSFUND
AFFECTED
FY 2025FY 2026FY 2027Fully
Implemented
(FY 2029)
Missouri Office
of Prosecution
Services Fund*$0$0$0$0
Total Estimated
Net Effect on
Other State
Funds $0$0$0$0
Numbers within parentheses: () indicate costs or losses.
*Distribution increase (decrease) net to zero. L.R. No. 5902H.01I
Bill No. HB 2855
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ESTIMATED NET EFFECT ON FEDERAL FUNDSFUND
AFFECTED
FY 2025FY 2026FY 2027Fully
Implemented
(FY 2029)
Total Estimated
Net Effect on
All Federal
Funds $0$0$0$0
ESTIMATED NET EFFECT ON FULL TIME EQUIVALENT (FTE)FUND
AFFECTED
FY 2025FY 2026FY 2027Fully
Implemented
(FY 2029)
Total Estimated
Net Effect on
FTE 0000
☐ Estimated Net Effect (expenditures or reduced revenues) expected to exceed $250,000 in any
of the three fiscal years after implementation of the act or at full implementation of the act.
☒ Estimated Net Effect (savings or increased revenues) expected to exceed $250,000 in any of
the three fiscal years after implementation of the act or at full implementation of the act.
ESTIMATED NET EFFECT ON LOCAL FUNDSFUND
AFFECTED
FY 2025FY 2026FY 2027Fully
Implemented
(FY 2029)
Local
Government$0$0$0 to Unknown$0 to Unknown L.R. No. 5902H.01I
Bill No. HB 2855
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FISCAL ANALYSIS
ASSUMPTION
§§1.020, 56.010, 56.015, 56.060, 56.066, 56.067, 56.265, 56.363, 56.640, 56.700, 56.805,
56.807, 56.816, 70.010, 70.060 & 70.090 – County Prosecuting Attorneys
Officials from the Joint Committee on Public Employee Retirement (JCPER) assume the
proposal will have no fiscal impact on their organization. The JCPER’s review of HB 2855
indicates that its provisions may constitute a “substantial proposed change” in future plan
benefits as defined in section 105.660(10). It is impossible to accurately determine the fiscal
impact of this legislation without an actuarial cost statement prepared in accordance with section
105.665. Pursuant to section 105.670, an actuarial cost statement must be filed with the Chief
Clerk of the House of Representatives, the Secretary of the Senate, and the Joint Committee on
Public Employee Retirement as public information for at least five legislative days prior to final
passage. Oversight does not have any information to the contrary. Therefore, Oversight will
reflect a zero impact in the fiscal note.
Officials from the Missouri Office of Prosecution Services, the Office of Administration -
Budget and PlanningCounty Employees Retirement Fund, the Attorney General’s
OfficeDepartment of Corrections, the Department of RevenueDepartment of
Social Services, the Office of the State Public Defender and the Office of the State Treasurer
each assume the proposal will have no fiscal impact on their respective organizations. Oversight
does not have any information to the contrary. Therefore, Oversight will reflect a zero impact in
the fiscal note for these agencies.
Officials from the Office of the Secretary of State (SOS) note many bills considered by the
General Assembly include provisions allowing or requiring agencies to submit rules and
regulations to implement the act. The SOS is provided with core funding to handle a certain
amount of normal activity resulting from each year's legislative session. The fiscal impact for
this fiscal note to the SOS for Administrative Rules is less than $5,000. The SOS recognizes that
this is a small amount and does not expect that additional funding would be required to meet
these costs. However, the SOS also recognizes that many such bills may be passed by the
General Assembly in a given year and that collectively the costs may be in excess of what the
office can sustain with its core budget. Therefore, the SOS reserves the right to request funding
for the cost of supporting administrative rules requirements should the need arise based on a
review of the finally approved bills signed by the governor.
Oversight assumes this proposal is permissive in nature. If counties decide to have such a
proposition submitted to their voters, they would incur election costs. If approved, the county
could realize savings by going to a shared county prosecutor position. This legislation could be
on the ballot starting November 2026 (FY 2027). However, multi-county prosecutors would not L.R. No. 5902H.01I
Bill No. HB 2855
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April 23, 2024
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be elected until the 2028 general election (FY 2029). Therefore, for fiscal note purposes,
Oversight will assume the proposal is permissive and show no direct fiscal impact for FY 2025
and FY 2026 with potential impact in FY 2027 and full implementation in FY 2029.
FISCAL IMPACT – State
Government
FY 2025
(10 Mo.)
FY 2026FY 2027Fully
Implemented
(FY 2029)
GENERAL REVENUERevenue – additional revenue
from collections §56.060.3$0$0
$0 or
Unknown
$0 or
Unknown
Transfer Out – 50% of 20% of
additional revenue to MOPS
Fund §56.060.4(1)$0$0
$0 or
(Unknown)
$0 or
(Unknown)
Transfer Out – 50% of 20% of
additional revenue to County
Treasurers §56.060.4(2)$0$0
$0 or
(Unknown)
$0 or
(Unknown)
ESTIMATED NET EFFECT
ON GENERAL REVENUE$0$0
$0 or
Unknown
$0 or
Unknown
MISSOURI OFFICE OF
PROSECUTION SERVICES
FUND
Transfer In – 50% of 20% of
collection fees §56.060.4(1)$0$0
$0 or
Unknown
$0 or
Unknown
Costs – county expenses
§56.060.4(1)$0$0
$0 or
(Unknown)
$0 or
(Unknown)
ESTIMATED NET EFFECT
ON MISSOURI OFFICE OF
PROSECUTION SERVICES
FUND $0$0$0$0 L.R. No. 5902H.01I
Bill No. HB 2855
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FISCAL IMPACT – Local
Government
FY 2025
(10 Mo.)
FY 2026FY 2027Fully
Implemented
(FY 2029)
LOCAL POLITICAL
SUBDIVISIONS
Savings – Counties – Cost
sharing of District Attorney costs
between multiple counties
§56.015$0$0
$0 to
Unknown
$0 to
Unknown
Transfer In – 50% of 20% of
collection fees §56.060.4(2)$0$0
$0 or
Unknown
$0 or
Unknown
Costs – County Treasurers –
reimbursement of personnel
costs §56.265$0$0
$0 or
(Unknown)
$0 or
(Unknown)
ESTIMATED NET EFFECT
ON LOCAL POLITICAL
SUBDIVISIONS$0$0
$0 to
Unknown
$0 to
Unknown
FISCAL IMPACT – Small Business
No direct fiscal impact to small businesses would be expected as a result of this proposal.
FISCAL DESCRIPTION
This bill specifies that two or more contiguous counties in a judicial circuit may act
cooperatively to employ a prosecuting attorney pursuant to procedures under current law
allowing cooperation among counties. The shared prosecuting attorney is to be elected at the
2026 general election and every four years thereafter.
The bill allows any prosecuting attorney to represent state agencies in debt collection cases and
provide at least six hours of continuing education to police officers. Unless there is a different
agreement, the prosecuting attorney retains 20% of all debt collected on behalf of state agencies
with one-half of the fee to go to the Missouri Office of Prosecution Services Fund and one-half
to go to the county treasurer to be used solely for the prosecutor's office. If the prosecutor is a
shared prosecutor, then the retained fee goes to each county on a pro rata basis.
Under these provisions, prosecuting attorneys representing multiple counties must receive
compensation equal to that of an associate circuit judge, which is prorated among the counties. L.R. No. 5902H.01I
Bill No. HB 2855
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Current law provides that part-time prosecutors are to be paid according to a scale set in statute
that is based on the assessed valuation of the county. The scale ranges from $37,000 to $55,000.
This bill provides that part-time prosecutors will receive a salary equal to 67% of the
compensation of an associate circuit judge and must devote a minimum of 25 hours per week to
the duties of the prosecuting attorney.
When the counties adopt a proposition to cooperate to employ a prosecutor, the commissioners
of all the counties must approve a joint agreement that includes a formula for calculating each
county's costs and procedures for the approval of the prosecutor's annual budget.
This legislation is not federally mandated, would not duplicate any other program and would not
require additional capital improvements or rental space.
SOURCES OF INFORMATION
Joint Committee on Public Employee Retirement
Missouri Office of Prosecution Services
Office of Administration - Budget and Planning
County Employees Retirement Fund
Attorney General’s Office
Department of Corrections
Department of Revenue
Department of Social Services
Office of the State Public Defender
Office of the State Treasurer
Office of the Secretary of State
Julie MorffRoss StropeDirectorAssistant DirectorApril 23, 2024April 23, 2024