1235S.03C
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SENATE COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 141
AN ACT
To repeal sections 57.278, 57.280, 57.952, 57.955,
57.961, 57.962, 57.967, 221.105, 483.088, and
488.024, RSMo, and to enact in lieu thereof six new
sections relating to the sheriffs' retirement system.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 57.278, 57.280, 57.952, 57.955,
57.961, 57.962, 57.967, 221.105, 483.088, and 488.024, RSMo,
are repealed and six new sections enacted in lieu thereof, to
be known as sections 57.278, 57.280, 57.952, 57.961, 57.967,
and 221.105, to read as follows:
57.278. 1. There is hereby created in the state
treasury the "Deputy Sheriff Salary Supplementation Fund",
which shall consist of money collected from charges for
service received by county sheriffs under subsection 4 of
section 57.280. The money in the fund shall be used solely
to supplement the salaries, and employee benefits resulting
from such salary increases, of county deputy sheriffs. The
state treasurer shall be custodian of the fund and may
approve disbursements from the fund in accordance with
sections 30.170 and 30.180. The Missouri sheriff
methamphetamine relief taskforce created under section
650.350 shall administer the fund.
2. 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. Fifty percent of the moneys remaining at the
end of the biennium shall revert to the credit of the
sheriffs' retirement fund created u nder section 57.952. The
state treasurer shall invest the remaining moneys in the
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fund in the same manner as other funds are invested. Any
interest and moneys earned on such investments shall be
credited to the fund.
57.280. 1. Sheriffs shall receive a charge for
service of any summons, writ , or other order of court, in
connection with any civil case, and making on the same
either a return indicating service, a non est return or a
nulla bona return, the sum of twenty dollars for each item
to be served, except that a sheriff shall receive a charge
for service of any subpoena, and making a return on the
same, the sum of ten dollars; however, no such charge shall
be collected in any proceeding when [court] costs for
service are to be paid by the state, county , or
municipality. In addition to such charge, the sheriff shall
be entitled to receive for each mile actually traveled in
serving any summons, writ, subpoena , or other order of court
the rate prescribed by the Internal Revenue Service for all
allowable expenses for motor vehicle use expressed as an
amount per mile, provided that such mileage shall not be
charged for more than one subpoena or summons or other writ
served in the same cause on the same trip. All of such
charges shall be received by the sheriff who is requested to
perform the service. Except as otherwise provided by law,
all charges made pursuant to this section shall be collected
by the [court clerk as court costs ] sheriff's office
responsible for service and are payable prior to the time
the service is rendered; provided that if the amount of such
charge cannot be readily determined, then the sheriff shall
receive a deposit based upon the likely amount of such
charge, and the balance of such c harge shall be payable
immediately upon ascertainment of the proper amount of said
charge. A sheriff may refuse to perform any service in any
action or proceeding, other than when [court] costs for
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service are waived as provided by law, until the char ge
provided by this section is paid. Failure to receive the
charge shall not affect the validity of the service.
2. The sheriff shall receive for receiving and paying
moneys on execution or other process, where lands or goods
have been levied and advertised and sold, five percent on
five hundred dollars and four percent on all sums above five
hundred dollars, and half of these sums, when the money is
paid to the sheriff without a levy, or where the lands or
goods levied on shall not be sold a nd the money is paid to
the sheriff or person entitled thereto, his agent or
attorney. The party at whose application any writ,
execution, subpoena, or other process has issued from the
court shall pay the sheriff's costs for the removal,
transportation, storage, safekeeping and support of any
property to be seized pursuant to legal process before such
seizure. The sheriff shall be allowed for each mile, going
and returning from the courthouse of the county in which he
resides to the place where the court is held, the rate
prescribed by the Internal Revenue Service for all allowable
expenses for motor vehicle use expressed as an amount per
mile. The provisions of this subsection shall not apply to
garnishment proceeds.
3. The sheriff upon the receipt of the charge herein
provided for shall pay into the treasury of the county any
and all charges received pursuant to the provisions of this
section. The funds collected pursuant to this section, not
to exceed fifty thousand dollars in a ny calendar year, shall
be held in a fund established by the county treasurer, which
may be expended at the discretion of the sheriff for the
furtherance of the sheriff's set duties. Any such funds in
excess of fifty thousand dollars in any calendar y ear shall
be placed to the credit of the general revenue fund of the
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county. Moneys in the fund shall be used only for the
procurement of services and equipment to support the
operation of the sheriff's office. Moneys in the fund
established pursuant to this subsection shall not lapse to
the county general revenue fund at the end of any county
budget or fiscal year.
4. Notwithstanding the provisions of subsection 3 of
this section to the contrary, the sheriff shall receive
[ten] fifteen dollars for service of any summons, writ,
subpoena, or other order of the court included under
subsection 1 of this section, in addition to the charge for
such service that each sheriff receives under subsection 1
of this section. The money received by t he sheriff under
this subsection shall be paid into the county treasury and
the county treasurer shall make such money payable to the
state treasurer. The state treasurer shall deposit ten
dollars of such moneys in the deputy sheriff salary
supplementation fund created under section 57.278 and five
dollars of such moneys in the sheriffs' retirement fund
created under section 57.952 . Any other person specially
appointed to serve in a county shall execute and deliver to
the circuit clerk, along wit h the confirmation of service, a
signed and notarized affidavit of confirmation, made under
penalty of perjury, that includes the amount, check number,
and date of payment to evidence payment was made to the
sheriff for the deputy sheriff salary supple mentation fund
and the sheriffs' retirement fund as required by this
subsection.
5. Notwithstanding the provisions of subsection 3 of
this section, the court clerk shall collect ten dollars as a
court cost for service of any summons, writ, subpoe na, or
other order of the court included under subsection 1 of this
section if any person other than a sheriff is specially
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appointed to serve in a county that receives funds under
section 57.278. The moneys received by the court clerk
under this subsection shall be paid into the county treasury
and the county treasurer shall make such moneys payable to
the state treasurer. The state treasurer shall deposit such
moneys in the deputy sheriff salary supplementation fund
created under section 57.278 .
6. Sheriffs shall receive up to fifty dollars for
service of any summons, writ, or other order of the court in
connection with any eviction proceeding, in addition to the
charge for such service that each sheriff receives under
this section. All of such charges shall be received by the
sheriff who is requested to perform the service and shall be
paid to the county treasurer in a fund established by the
county treasurer, which may be expended at the discretion of
the sheriff for the furthera nce of the sheriff's set
duties. All charges shall be payable prior to the time the
service is rendered; provided that if the amount of such
charge cannot be readily determined, then the sheriff shall
receive a deposit based upon the likely amount of such
charge, and the balance of such charge shall be payable
immediately upon ascertainment of the proper amount of said
charge.
57.952. 1. There is hereby authorized a "Sheriffs'
Retirement Fund" which shall be under the management o f [a]
the board [of directors] as described in section 57.958.
The board [of directors] shall be responsible for the
administration and the investment of the funds of such
sheriffs' retirement fund. The general assembly and the
governing body of a c ounty may appropriate funds for deposit
in the sheriffs' retirement fund. [If insufficient funds
are generated to provide the benefits payable pursuant to
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the provisions of sections 57.949 to 57.997, the board shall
proportion the benefits according t o the funds available. ]
2. The board may accept gifts, donations, grants, and
bequests from public or private sources to the sheriffs'
retirement fund.
3. Each county shall make the payroll deductions for
member contributions mandated under section 57.961, and the
county shall transmit such moneys to the board for deposit
into the sheriffs' retirement fund.
57.961. 1. On and after the effective date of the
establishment of the system, as an incident to his or her
employment or continued employment, each person employed as
an elected or appointed sheriff of a county shall become a
member of the system. Such membership shall continue as
long as the person continues to be an employee, or receives
or is eligible to recei ve benefits under the provisions of
sections 57.949 to 57.997.
2. Notwithstanding any other provision of law to the
contrary, each person who is a member of the system on or
after January 1, 2024, shall be required to contribute five
percent of the member's pay to the [retirement] system.
Such contribution shall be made by the member of the system
notwithstanding that the minimum salary or wages provided by
law for any member shall thereby be changed. Each member
shall be deemed to consent a nd agree to the deduction made
and provided for herein. Payment of a member's compensation
less such deduction shall be a full and complete discharge
and acquittance of all claims and demands whatsoever for
services rendered by him or her to a county, except as to
benefits provided by this system.
3. The county employer, pursuant to the provisions of
26 U.S.C. Section 414(h)(2), shall pick up and pay the
contributions that would otherwise by payable by the member
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under this section. The officer or officers responsible for
making up the payrolls for each county shall cause the
contribution provided for in this section to be deducted
from the compensation of the member in the employ of the
county, on each and every payroll, for each and eve ry
payroll to the date his or her membership terminates. When
deducted, each contribution shall be paid by the county to
the system; the payments shall be made in the manner and
shall be accompanied by such supporting data as the board
shall from time to time prescribe. When paid to the system,
each of the contributions shall be credited to the member
from whose compensation the contributions were deducted.
The contributions so deducted shall be treated as [employee]
employer contributions for purposes of determining the
member's pay that is includable in the member's gross income
for federal income tax purposes.
4. Member contributions [deducted and paid into the
system by the county ] picked up by the county employer shall
be paid from the same source of funds used for the payment
of pay to a member. A deduction shall be made from each
member's pay equal to the amount of the member's
contributions picked up by the county employer. This
deduction, however, shall not reduce the memb er's pay for
purposes of computing benefits under the [retirement] system
under this chapter.
5. The contributions, although designated as employee
contributions, shall be paid by the county in lieu of the
contributions by the member. The member shall not have the
option of choosing to receive the contributed amounts
directly instead of having them paid by the county to the
[retirement] system.
6. A former member who is not vested may request a
refund of his or her contributions. Such refund shall be
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paid by the system after ninety days from the date of
termination of employment or the request, whichever is
later, and shall include all contributions made to any
retirement plan administered by the system.
7. Beginning September 1, 1986, any city not within a
county and any county having a charter form of government
may elect, by a majority vote of its governing body, to come
under the provisions of sections 57.949 to 57.997 [except
for the provisions of section 57.955 ]. Notice in writing of
such election shall be given to the board, and the person
employed as sheriff of such county, as an incident of his
contract of employment or continued employment, shall become
a member of the system on the first day of the month
immediately following the date the board receives notice.
Such membership shall continue as long as the person
continues to be an employee, or receives or is eligible to
receive benefits under the provisions of sections 57.949 to
57.997, and upon becomin g a member he shall receive credit
for all prior service as if he had become a member on
December 22, 1983.
8. Subject to the limitations under sections 57.949 to
57.997, the board shall have the authority to formulate and
adopt rules and regulat ions for the administration of these
provisions.
57.967. 1. The normal annuity of a retired member
shall equal two percent of the final average compensation of
the retired member multiplied by the number of years of
creditable service of the retired member, except that the
normal annuity shall not exceed seventy -five percent of the
retired member's average final compensation. Such annuity
shall be not less than one thousand dollars per month.
2. The board, at its last meeting of each calendar
year, shall determine the monthly amount for medical
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insurance premiums to be paid to each retired member during
the next following calendar year. The monthly amount shall
not exceed four hundred fifty dollars. The monthly payments
are at the discretion of the board on the advice of the
actuary. The anticipated sum of all such payments during
the year plus the annual normal cost plus the annual amount
to amortize the unfunded actuarial accrued liability in no
more than thirty years shall not exceed the anticipated
moneys credited to the system pursuant to [sections] section
57.952 [and 57.955]. The money amount granted here shall
not be continued to any survivor.
3. If a member with eight or more years of service
dies before becoming eligible for retirement, the member's
surviving spouse, if he or she has been married to the
member for at least two years prior to the member's death,
shall be entitled to survivor benefits under option 1 as set
forth in section 57.97 9 as if the member had retired on the
date of the member's death. The member's monthly benefit
shall be calculated as the member's accrued benefit at his
or her death reduced by one -fourth of one percent per month
for an early commencement from the me mber's normal
retirement date: age fifty-five with twelve or more years
of creditable service or age sixty -two with eight years of
creditable service, to the member's date of death. Such
benefit shall be payable on the first day of the month
following the member's death and shall be payable during the
surviving spouse's lifetime.
221.105. 1. The governing body of any county and of
any city not within a county shall fix the amount to be
expended for the cost of incarceration of pr isoners confined
in jails or medium security institutions. The per diem cost
of incarceration of these prisoners chargeable by the law to
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the state shall be determined, subject to the review and
approval of the department of corrections.
2. When the final determination of any criminal
prosecution shall be such as to render the state liable for
costs under existing laws, it shall be the duty of the
sheriff to certify to the clerk of the circuit court or
court of common pleas in which the case was determined the
total number of days any prisoner who was a party in such
case remained in the county jail. It shall be the duty of
the county commission to supply the cost per diem for county
prisons to the clerk of the circuit court on the first day
of each year, and thereafter whenever the amount may be
changed. It shall then be the duty of the clerk of the
court in which the case was determined to include in the
bill of cost against the state all fees which are properly
chargeable to the state. In any city not within a county it
shall be the duty of the superintendent of any facility
boarding prisoners to certify to the chief executive officer
of such city not within a county the total number of days
any prisoner who was a party in suc h case remained in such
facility. It shall be the duty of the superintendents of
such facilities to supply the cost per diem to the chief
executive officer on the first day of each year, and
thereafter whenever the amount may be changed. It shall be
the duty of the chief executive officer to bill the state
all fees for boarding such prisoners which are properly
chargeable to the state. The chief executive may by
notification to the department of corrections delegate such
responsibility to anothe r duly sworn official of such city
not within a county. The clerk of the court of any city not
within a county shall not include such fees in the bill of
costs chargeable to the state. The department of
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corrections shall revise its criminal cost manu al in
accordance with this provision.
3. Except as provided under subsection 6 of section
217.718, the actual costs chargeable to the state, including
those incurred for a prisoner who is incarcerated in the
county jail because the prisoner's par ole or probation has
been revoked or because the prisoner has, or allegedly has,
violated any condition of the prisoner's parole or
probation, and such parole or probation is a consequence of
a violation of a state statute, or the prisoner is a
fugitive from the Missouri department of corrections or
otherwise held at the request of the Missouri department of
corrections regardless of whether or not a warrant has been
issued shall be the actual cost of incarceration not to
exceed:
(1) Until July 1, 1996, seventeen dollars per day per
prisoner;
(2) On and after July 1, 1996, twenty dollars per day
per prisoner;
(3) On and after July 1, 1997, up to thirty -seven
dollars and fifty cents per day per prisoner, subject to
appropriations.
4. The presiding judge of a judicial circuit may
propose expenses to be reimbursable by the state on behalf
of one or more of the counties in that circuit. Proposed
reimbursable expenses may include pretrial assessment and
supervision strategies for defendants who are ultimately
eligible for state incarceration. A county may not receive
more than its share of the amount appropriated in the
previous fiscal year, inclusive of expenses proposed by the
presiding judge. Any county shall conve y such proposal to
the department, and any such proposal presented by a
presiding judge shall include the documented agreement with
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the proposal by the county governing body, prosecuting
attorney, at least one associate circuit judge, and the
officer of the county responsible for custody or
incarceration of prisoners of the county represented in the
proposal. Any county that declines to convey a proposal to
the department, pursuant to the provisions of this
subsection, shall receive its per diem c ost of incarceration
for all prisoners chargeable to the state in accordance with
the provisions of subsections 1, 2, and 3 of this section.
5. (1) Notwithstanding any other provisions of law to
the contrary, except as provided in subdivision (2) of this
subsection, any county receiving reimbursement under this
section shall make payable two dollars per day per prisoner
of such reimbursement to the state treasurer, who shall
deposit such funds in the sheriffs' retirement fund created
under section 57.952.
(2) Beginning July 1, 2025, any fiscal year in which
the appropriation is less than twenty dollars per day per
prisoner, any county receiving reimbursement under this
section shall make payable one dollar and fifty cents per
day per prisoner of such reimbursement to the state
treasurer, who shall deposit such funds in the sheriffs'
retirement fund created under section 57.592.
[57.955. 1. There shall be assessed and
collected a surcharge of three dollars in all
civil actions filed in the courts of this state
and in all criminal cases including violation of
any county ordinance or any violation of
criminal or traffic laws of this state,
including infractions, but no such surcharge
shall be assessed when the c osts are waived or
are to be paid by the state, county or
municipality or when a criminal proceeding or
the defendant has been dismissed by the court.
For purposes of this section, the term "county
ordinance" shall not include any ordinance of
the city of St. Louis. The clerk responsible
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for collecting court costs in civil and criminal
cases, shall collect and disburse such amounts
as provided by sections 488.010 to 488.020.
Such funds shall be payable to the sheriffs'
retirement fund. Moneys credited to the
sheriffs' retirement fund shall be used only for
the purposes provided for in sections 57.949 to
57.997 and for no other purpose.
2. The board may accept gifts, donations,
grants and bequests from public or private
sources to the sheriffs' retirement fund. ]
[57.962. Other provisions of law to the
contrary notwithstanding, any county or city not
within a county who has elected or elects in the
future to come under the provisions of sections
57.949 to 57.997 shall, after August 28, 2002,
or on the date that such election is approved by
the board of directors of the retirement system,
whichever later occurs, be subject to the
provisions of section 57.955. ]
[483.088. Each circuit clerk shall prepare
a summary of all amounts collected pursuant to
section 57.955 during the preceding calendar
year and shall annually, by July first of the
succeeding year, send a copy of such summary to
the state auditor.]
[488.024. As provided by section 57.955,
there shall be assessed and collected a
surcharge of three dollars in all civil actions
filed in the courts of this state and in all
criminal cases including violation of any county
ordinance or any violation of criminal or
traffic laws of this state, including
infractions, but no such surcharge shall be
assessed when the costs are waived or are to be
paid by the state, county or municipality or
when a criminal proceeding or the defendant has
been dismissed by the court. For purposes of
this section, the term "county ordinance" shall
not include any ordinance of the City of St.
Louis. The clerk responsible for collecting
court costs in civil and criminal cases shall
collect and disburse such amounts as provided by
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sections 488.010 to 488.020. Such funds shall
be payable to the sheriffs' retirement fund. ]