Missouri 2025 Regular Session

Missouri Senate Bill SB141 Compare Versions

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Old	New		Differences
1		-	~~1235S.03C~~
2		-	1
3		-	~~SENATE COMMITTEE SUBSTITUTE~~
4		-	~~FOR~~
	1	+
	2	+	EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
	3	+	and is intended to be omitted in the law.
	4	+	FIRST REGULAR SESSION
5	5		SENATE BILL NO. 141
	6	+	103RD GENERAL ASSEMBLY
	7	+	INTRODUCED BY SENATOR BLACK.
	8	+	1235S.01I KRISTINA MARTIN, Secretary
6	9		AN ACT
7		-	To repeal sections 57.278, 57.280, 57.952, 57.955,
8		-	57.961, 57.962, 57.967, 221.105, 483.088, and
9		-	488.024, RSMo, and to enact in lieu thereof six new
	10	+	To repeal sections 57.952, 57.955, and 488.024, RSMo, and to enact in lieu thereof three new
10	11		sections relating to the sheriffs' retirement system.
11	12
12	13		Be it enacted by the General Assembly of the State of Missouri, as follows:
13		-	Section A. Sections 57.278, 57.280, 57.952, 57.955,
14		-	57.961, 57.962, 57.967, 221.105, 483.088, and 488.024, RSMo,
15		-	are repealed and six new sections enacted in lieu thereof, to
16		-	be known as sections 57.278, 57.280, 57.952, 57.961, 57.967,
17		-	and 221.105, to read as follows:
18		-	57.278. 1. There is hereby created in the state
19		-	treasury the "Deputy Sheriff Salary Supplementation Fund",
20		-	which shall consist of money collected from charges for
21		-	service received by county sheriffs under subsection 4 of
22		-	section 57.280. The money in the fund shall be used solely
23		-	to supplement the salaries, and employee benefits resulting
24		-	from such salary increases, of county deputy sheriffs. The
25		-	state treasurer shall be custodian of the fund and may
26		-	approve disbursements from the fund in accordance with
27		-	sections 30.170 and 30.180. The Missouri sheriff
28		-	methamphetamine relief taskforce created under section
29		-	650.350 shall administer the fund.
30		-	2. Notwithstanding the provisions of section 33.080 to
31		-	the contrary, any moneys remaining in the fund at the end of
32		-	the biennium shall not revert to the credit of the general
33		-	revenue fund. Fifty percent of the moneys remaining at the
34		-	end of the biennium shall revert to the credit of the
35		-	sheriffs' retirement fund created u nder section 57.952. The
36		-	state treasurer shall invest the remaining moneys in the
37		-	2
38		-	fund in the same manner as other funds are invested. Any
39		-	interest and moneys earned on such investments shall be
40		-	credited to the fund.
41		-	57.280. 1. Sheriffs shall receive a charge for
42		-	service of any summons, writ , or other order of court, in
43		-	connection with any civil case, and making on the same
44		-	either a return indicating service, a non est return or a
45		-	nulla bona return, the sum of twenty dollars for each item
46		-	to be served, except that a sheriff shall receive a charge
47		-	for service of any subpoena, and making a return on the
48		-	same, the sum of ten dollars; however, no such charge shall
49		-	be collected in any proceeding when [court] costs for
50		-	service are to be paid by the state, county , or
51		-	municipality. In addition to such charge, the sheriff shall
52		-	be entitled to receive for each mile actually traveled in
53		-	serving any summons, writ, subpoena , or other order of court
54		-	the rate prescribed by the Internal Revenue Service for all
55		-	allowable expenses for motor vehicle use expressed as an
56		-	amount per mile, provided that such mileage shall not be
57		-	charged for more than one subpoena or summons or other writ
58		-	served in the same cause on the same trip. All of such
59		-	charges shall be received by the sheriff who is requested to
60		-	perform the service. Except as otherwise provided by law,
61		-	all charges made pursuant to this section shall be collected
62		-	by the [court clerk as court costs ] sheriff's office
63		-	responsible for service and are payable prior to the time
64		-	the service is rendered; provided that if the amount of such
65		-	charge cannot be readily determined, then the sheriff shall
66		-	receive a deposit based upon the likely amount of such
67		-	charge, and the balance of such c harge shall be payable
68		-	immediately upon ascertainment of the proper amount of said
69		-	charge. A sheriff may refuse to perform any service in any
70		-	action or proceeding, other than when [court] costs for
71		-	3
72		-	service are waived as provided by law, until the char ge
73		-	provided by this section is paid. Failure to receive the
74		-	charge shall not affect the validity of the service.
75		-	2. The sheriff shall receive for receiving and paying
76		-	moneys on execution or other process, where lands or goods
77		-	have been levied and advertised and sold, five percent on
78		-	five hundred dollars and four percent on all sums above five
79		-	hundred dollars, and half of these sums, when the money is
80		-	paid to the sheriff without a levy, or where the lands or
81		-	goods levied on shall not be sold a nd the money is paid to
82		-	the sheriff or person entitled thereto, his agent or
83		-	attorney. The party at whose application any writ,
84		-	execution, subpoena, or other process has issued from the
85		-	court shall pay the sheriff's costs for the removal,
86		-	transportation, storage, safekeeping and support of any
87		-	property to be seized pursuant to legal process before such
88		-	seizure. The sheriff shall be allowed for each mile, going
89		-	and returning from the courthouse of the county in which he
90		-	resides to the place where the court is held, the rate
91		-	prescribed by the Internal Revenue Service for all allowable
92		-	expenses for motor vehicle use expressed as an amount per
93		-	mile. The provisions of this subsection shall not apply to
94		-	garnishment proceeds.
95		-	3. The sheriff upon the receipt of the charge herein
96		-	provided for shall pay into the treasury of the county any
97		-	and all charges received pursuant to the provisions of this
98		-	section. The funds collected pursuant to this section, not
99		-	to exceed fifty thousand dollars in a ny calendar year, shall
100		-	be held in a fund established by the county treasurer, which
101		-	may be expended at the discretion of the sheriff for the
102		-	furtherance of the sheriff's set duties. Any such funds in
103		-	excess of fifty thousand dollars in any calendar y ear shall
104		-	be placed to the credit of the general revenue fund of the
105		-	4
106		-	county. Moneys in the fund shall be used only for the
107		-	procurement of services and equipment to support the
108		-	operation of the sheriff's office. Moneys in the fund
109		-	established pursuant to this subsection shall not lapse to
110		-	the county general revenue fund at the end of any county
111		-	budget or fiscal year.
112		-	4. Notwithstanding the provisions of subsection 3 of
113		-	this section to the contrary, the sheriff shall receive
114		-	[ten] fifteen dollars for service of any summons, writ,
115		-	subpoena, or other order of the court included under
116		-	subsection 1 of this section, in addition to the charge for
117		-	such service that each sheriff receives under subsection 1
118		-	of this section. The money received by t he sheriff under
119		-	this subsection shall be paid into the county treasury and
120		-	the county treasurer shall make such money payable to the
121		-	state treasurer. The state treasurer shall deposit ten
122		-	dollars of such moneys in the deputy sheriff salary
123		-	supplementation fund created under section 57.278 and five
124		-	dollars of such moneys in the sheriffs' retirement fund
125		-	created under section 57.952 . Any other person specially
126		-	appointed to serve in a county shall execute and deliver to
127		-	the circuit clerk, along wit h the confirmation of service, a
128		-	signed and notarized affidavit of confirmation, made under
129		-	penalty of perjury, that includes the amount, check number,
130		-	and date of payment to evidence payment was made to the
131		-	sheriff for the deputy sheriff salary supple mentation fund
132		-	and the sheriffs' retirement fund as required by this
133		-	subsection.
134		-	5. Notwithstanding the provisions of subsection 3 of
135		-	this section, the court clerk shall collect ten dollars as a
136		-	court cost for service of any summons, writ, subpoe na, or
137		-	other order of the court included under subsection 1 of this
138		-	section if any person other than a sheriff is specially
139		-	5
140		-	appointed to serve in a county that receives funds under
141		-	section 57.278. The moneys received by the court clerk
142		-	under this subsection shall be paid into the county treasury
143		-	and the county treasurer shall make such moneys payable to
144		-	the state treasurer. The state treasurer shall deposit such
145		-	moneys in the deputy sheriff salary supplementation fund
146		-	created under section 57.278 .
147		-	6. Sheriffs shall receive up to fifty dollars for
148		-	service of any summons, writ, or other order of the court in
149		-	connection with any eviction proceeding, in addition to the
150		-	charge for such service that each sheriff receives under
151		-	this section. All of such charges shall be received by the
152		-	sheriff who is requested to perform the service and shall be
153		-	paid to the county treasurer in a fund established by the
154		-	county treasurer, which may be expended at the discretion of
155		-	the sheriff for the furthera nce of the sheriff's set
156		-	duties. All charges shall be payable prior to the time the
157		-	service is rendered; provided that if the amount of such
158		-	charge cannot be readily determined, then the sheriff shall
159		-	receive a deposit based upon the likely amount of such
160		-	charge, and the balance of such charge shall be payable
161		-	immediately upon ascertainment of the proper amount of said
162		-	charge.
163		-	57.952. 1. There is hereby authorized a "Sheriffs'
164		-	Retirement Fund" which shall be under the management o f [a]
165		-	the board [of directors] as described in section 57.958.
166		-	The board [of directors] shall be responsible for the
167		-	administration and the investment of the funds of such
168		-	sheriffs' retirement fund. The general assembly and the
169		-	governing body of a c ounty may appropriate funds for deposit
170		-	in the sheriffs' retirement fund. [If insufficient funds
171		-	are generated to provide the benefits payable pursuant to
172		-	6
173		-	the provisions of sections 57.949 to 57.997, the board shall
174		-	proportion the benefits according t o the funds available. ]
175		-	2. The board may accept gifts, donations, grants, and
176		-	bequests from public or private sources to the sheriffs'
177		-	retirement fund.
178		-	3. Each county shall make the payroll deductions for
179		-	member contributions mandated under section 57.961, and the
180		-	county shall transmit such moneys to the board for deposit
181		-	into the sheriffs' retirement fund.
182		-	57.961. 1. On and after the effective date of the
183		-	establishment of the system, as an incident to his or her
184		-	employment or continued employment, each person employed as
185		-	an elected or appointed sheriff of a county shall become a
186		-	member of the system. Such membership shall continue as
187		-	long as the person continues to be an employee, or receives
188		-	or is eligible to recei ve benefits under the provisions of
189		-	sections 57.949 to 57.997.
190		-	2. Notwithstanding any other provision of law to the
191		-	contrary, each person who is a member of the system on or
192		-	after January 1, 2024, shall be required to contribute five
193		-	percent of the member's pay to the [retirement] system.
194		-	Such contribution shall be made by the member of the system
195		-	notwithstanding that the minimum salary or wages provided by
196		-	law for any member shall thereby be changed. Each member
197		-	shall be deemed to consent a nd agree to the deduction made
198		-	and provided for herein. Payment of a member's compensation
199		-	less such deduction shall be a full and complete discharge
200		-	and acquittance of all claims and demands whatsoever for
201		-	services rendered by him or her to a county, except as to
202		-	benefits provided by this system.
203		-	3. The county employer, pursuant to the provisions of
204		-	26 U.S.C. Section 414(h)(2), shall pick up and pay the
205		-	contributions that would otherwise by payable by the member
206		-	7
207		-	under this section. The officer or officers responsible for
208		-	making up the payrolls for each county shall cause the
209		-	contribution provided for in this section to be deducted
210		-	from the compensation of the member in the employ of the
211		-	county, on each and every payroll, for each and eve ry
212		-	payroll to the date his or her membership terminates. When
213		-	deducted, each contribution shall be paid by the county to
214		-	the system; the payments shall be made in the manner and
215		-	shall be accompanied by such supporting data as the board
216		-	shall from time to time prescribe. When paid to the system,
217		-	each of the contributions shall be credited to the member
218		-	from whose compensation the contributions were deducted.
219		-	The contributions so deducted shall be treated as [employee]
220		-	employer contributions for purposes of determining the
221		-	member's pay that is includable in the member's gross income
222		-	for federal income tax purposes.
223		-	4. Member contributions [deducted and paid into the
224		-	system by the county ] picked up by the county employer shall
225		-	be paid from the same source of funds used for the payment
226		-	of pay to a member. A deduction shall be made from each
227		-	member's pay equal to the amount of the member's
228		-	contributions picked up by the county employer. This
229		-	deduction, however, shall not reduce the memb er's pay for
230		-	purposes of computing benefits under the [retirement] system
231		-	under this chapter.
232		-	5. The contributions, although designated as employee
233		-	contributions, shall be paid by the county in lieu of the
234		-	contributions by the member. The member shall not have the
235		-	option of choosing to receive the contributed amounts
236		-	directly instead of having them paid by the county to the
237		-	[retirement] system.
238		-	6. A former member who is not vested may request a
239		-	refund of his or her contributions. Such refund shall be
240		-	8
241		-	paid by the system after ninety days from the date of
242		-	termination of employment or the request, whichever is
243		-	later, and shall include all contributions made to any
244		-	retirement plan administered by the system.
245		-	7. Beginning September 1, 1986, any city not within a
246		-	county and any county having a charter form of government
247		-	may elect, by a majority vote of its governing body, to come
248		-	under the provisions of sections 57.949 to 57.997 [except
249		-	for the provisions of section 57.955 ]. Notice in writing of
250		-	such election shall be given to the board, and the person
251		-	employed as sheriff of such county, as an incident of his
252		-	contract of employment or continued employment, shall become
253		-	a member of the system on the first day of the month
254		-	immediately following the date the board receives notice.
255		-	Such membership shall continue as long as the person
256		-	continues to be an employee, or receives or is eligible to
257		-	receive benefits under the provisions of sections 57.949 to
258		-	57.997, and upon becomin g a member he shall receive credit
259		-	for all prior service as if he had become a member on
260		-	December 22, 1983.
261		-	8. Subject to the limitations under sections 57.949 to
262		-	57.997, the board shall have the authority to formulate and
263		-	adopt rules and regulat ions for the administration of these
264		-	provisions.
265		-	57.967. 1. The normal annuity of a retired member
266		-	shall equal two percent of the final average compensation of
267		-	the retired member multiplied by the number of years of
268		-	creditable service of the retired member, except that the
269		-	normal annuity shall not exceed seventy -five percent of the
270		-	retired member's average final compensation. Such annuity
271		-	shall be not less than one thousand dollars per month.
272		-	2. The board, at its last meeting of each calendar
273		-	year, shall determine the monthly amount for medical
274		-	9
275		-	insurance premiums to be paid to each retired member during
276		-	the next following calendar year. The monthly amount shall
277		-	not exceed four hundred fifty dollars. The monthly payments
278		-	are at the discretion of the board on the advice of the
279		-	actuary. The anticipated sum of all such payments during
280		-	the year plus the annual normal cost plus the annual amount
281		-	to amortize the unfunded actuarial accrued liability in no
282		-	more than thirty years shall not exceed the anticipated
283		-	moneys credited to the system pursuant to [sections] section
284		-	57.952 [and 57.955]. The money amount granted here shall
285		-	not be continued to any survivor.
286		-	3. If a member with eight or more years of service
287		-	dies before becoming eligible for retirement, the member's
288		-	surviving spouse, if he or she has been married to the
289		-	member for at least two years prior to the member's death,
290		-	shall be entitled to survivor benefits under option 1 as set
291		-	forth in section 57.97 9 as if the member had retired on the
292		-	date of the member's death. The member's monthly benefit
293		-	shall be calculated as the member's accrued benefit at his
294		-	or her death reduced by one -fourth of one percent per month
295		-	for an early commencement from the me mber's normal
296		-	retirement date: age fifty-five with twelve or more years
297		-	of creditable service or age sixty -two with eight years of
298		-	creditable service, to the member's date of death. Such
299		-	benefit shall be payable on the first day of the month
300		-	following the member's death and shall be payable during the
301		-	surviving spouse's lifetime.
302		-	221.105. 1. The governing body of any county and of
303		-	any city not within a county shall fix the amount to be
304		-	expended for the cost of incarceration of pr isoners confined
305		-	in jails or medium security institutions. The per diem cost
306		-	of incarceration of these prisoners chargeable by the law to
307		-	10
308		-	the state shall be determined, subject to the review and
309		-	approval of the department of corrections.
310		-	2. When the final determination of any criminal
311		-	prosecution shall be such as to render the state liable for
312		-	costs under existing laws, it shall be the duty of the
313		-	sheriff to certify to the clerk of the circuit court or
314		-	court of common pleas in which the case was determined the
315		-	total number of days any prisoner who was a party in such
316		-	case remained in the county jail. It shall be the duty of
317		-	the county commission to supply the cost per diem for county
318		-	prisons to the clerk of the circuit court on the first day
319		-	of each year, and thereafter whenever the amount may be
320		-	changed. It shall then be the duty of the clerk of the
321		-	court in which the case was determined to include in the
322		-	bill of cost against the state all fees which are properly
323		-	chargeable to the state. In any city not within a county it
324		-	shall be the duty of the superintendent of any facility
325		-	boarding prisoners to certify to the chief executive officer
326		-	of such city not within a county the total number of days
327		-	any prisoner who was a party in suc h case remained in such
328		-	facility. It shall be the duty of the superintendents of
329		-	such facilities to supply the cost per diem to the chief
330		-	executive officer on the first day of each year, and
331		-	thereafter whenever the amount may be changed. It shall be
332		-	the duty of the chief executive officer to bill the state
333		-	all fees for boarding such prisoners which are properly
334		-	chargeable to the state. The chief executive may by
335		-	notification to the department of corrections delegate such
336		-	responsibility to anothe r duly sworn official of such city
337		-	not within a county. The clerk of the court of any city not
338		-	within a county shall not include such fees in the bill of
339		-	costs chargeable to the state. The department of
340		-	11
341		-	corrections shall revise its criminal cost manu al in
342		-	accordance with this provision.
343		-	3. Except as provided under subsection 6 of section
344		-	217.718, the actual costs chargeable to the state, including
345		-	those incurred for a prisoner who is incarcerated in the
346		-	county jail because the prisoner's par ole or probation has
347		-	been revoked or because the prisoner has, or allegedly has,
348		-	violated any condition of the prisoner's parole or
349		-	probation, and such parole or probation is a consequence of
350		-	a violation of a state statute, or the prisoner is a
351		-	fugitive from the Missouri department of corrections or
352		-	otherwise held at the request of the Missouri department of
353		-	corrections regardless of whether or not a warrant has been
354		-	issued shall be the actual cost of incarceration not to
355		-	exceed:
356		-	(1) Until July 1, 1996, seventeen dollars per day per
357		-	prisoner;
358		-	(2) On and after July 1, 1996, twenty dollars per day
359		-	per prisoner;
360		-	(3) On and after July 1, 1997, up to thirty -seven
361		-	dollars and fifty cents per day per prisoner, subject to
362		-	appropriations.
363		-	4. The presiding judge of a judicial circuit may
364		-	propose expenses to be reimbursable by the state on behalf
365		-	of one or more of the counties in that circuit. Proposed
366		-	reimbursable expenses may include pretrial assessment and
367		-	supervision strategies for defendants who are ultimately
368		-	eligible for state incarceration. A county may not receive
369		-	more than its share of the amount appropriated in the
370		-	previous fiscal year, inclusive of expenses proposed by the
371		-	presiding judge. Any county shall conve y such proposal to
372		-	the department, and any such proposal presented by a
373		-	presiding judge shall include the documented agreement with
374		-	12
375		-	the proposal by the county governing body, prosecuting
376		-	attorney, at least one associate circuit judge, and the
377		-	officer of the county responsible for custody or
378		-	incarceration of prisoners of the county represented in the
379		-	proposal. Any county that declines to convey a proposal to
380		-	the department, pursuant to the provisions of this
381		-	subsection, shall receive its per diem c ost of incarceration
382		-	for all prisoners chargeable to the state in accordance with
383		-	the provisions of subsections 1, 2, and 3 of this section.
384		-	5. (1) Notwithstanding any other provisions of law to
385		-	the contrary, except as provided in subdivision (2) of this
386		-	subsection, any county receiving reimbursement under this
387		-	section shall make payable two dollars per day per prisoner
388		-	of such reimbursement to the state treasurer, who shall
389		-	deposit such funds in the sheriffs' retirement fund created
390		-	under section 57.952.
391		-	(2) Beginning July 1, 2025, any fiscal year in which
392		-	the appropriation is less than twenty dollars per day per
393		-	prisoner, any county receiving reimbursement under this
394		-	section shall make payable one dollar and fifty cents per
395		-	day per prisoner of such reimbursement to the state
396		-	treasurer, who shall deposit such funds in the sheriffs'
397		-	retirement fund created under section 57.592.
398		-	[57.955. 1. There shall be assessed and
399		-	collected a surcharge of three dollars in all
400		-	civil actions filed in the courts of this state
401		-	and in all criminal cases including violation of
402		-	any county ordinance or any violation of
403		-	criminal or traffic laws of this state,
404		-	including infractions, but no such surcharge
405		-	shall be assessed when the c osts are waived or
406		-	are to be paid by the state, county or
407		-	municipality or when a criminal proceeding or
408		-	the defendant has been dismissed by the court.
409		-	For purposes of this section, the term "county
410		-	ordinance" shall not include any ordinance of
411		-	the city of St. Louis. The clerk responsible
412		-	13
413		-	for collecting court costs in civil and criminal
414		-	cases, shall collect and disburse such amounts
415		-	as provided by sections 488.010 to 488.020.
416		-	Such funds shall be payable to the sheriffs'
417		-	retirement fund. Moneys credited to the
418		-	sheriffs' retirement fund shall be used only for
419		-	the purposes provided for in sections 57.949 to
420		-	57.997 and for no other purpose.
421		-	2. The board may accept gifts, donations,
422		-	grants and bequests from public or private
423		-	sources to the sheriffs' retirement fund. ]
424		-	[57.962. Other provisions of law to the
425		-	contrary notwithstanding, any county or city not
426		-	within a county who has elected or elects in the
427		-	future to come under the provisions of sections
428		-	57.949 to 57.997 shall, after August 28, 2002,
429		-	or on the date that such election is approved by
430		-	the board of directors of the retirement system,
431		-	whichever later occurs, be subject to the
432		-	provisions of section 57.955. ]
433		-	[483.088. Each circuit clerk shall prepare
434		-	a summary of all amounts collected pursuant to
435		-	section 57.955 during the preceding calendar
436		-	year and shall annually, by July first of the
437		-	succeeding year, send a copy of such summary to
438		-	the state auditor.]
439		-	[488.024. As provided by section 57.955,
440		-	there shall be assessed and collected a
441		-	surcharge of three dollars in all civil actions
442		-	filed in the courts of this state and in all
443		-	criminal cases including violation of any county
444		-	ordinance or any violation of criminal or
445		-	traffic laws of this state, including
446		-	infractions, but no such surcharge shall be
447		-	assessed when the costs are waived or are to be
448		-	paid by the state, county or municipality or
449		-	when a criminal proceeding or the defendant has
450		-	been dismissed by the court. For purposes of
451		-	this section, the term "county ordinance" shall
452		-	not include any ordinance of the City of St.
453		-	Louis. The clerk responsible for collecting
454		-	court costs in civil and criminal cases shall
455		-	collect and disburse such amounts as provided by
456		-	14
457		-	sections 488.010 to 488.020. Such funds shall
458		-	be payable to the sheriffs' retirement fund. ]
	14	+	Section A. Sections 57.952, 57.955, and 488.024, RSMo, 1
	15	+	are repealed and three new sections enacted in lieu thereof, to 2
	16	+	be known as sections 57.952, 5 7.955, and 488.024, to read as 3
	17	+	follows:4
	18	+	57.952. 1. There is hereby authorized a "Sheriffs' 1
	19	+	Retirement Fund" which shall be under the management of [a] 2
	20	+	the board [of directors] as described in section 57.958. 3
	21	+	The board [of directors] shall be responsible for the 4
	22	+	administration and the investment of the funds of such 5
	23	+	sheriffs' retirement fund. The general assembly and the 6
	24	+	governing body of a county may appropriate funds for deposit 7
	25	+	in the sheriffs' retirement fund. If insufficient funds are 8
	26	+	generated to provide the benefits payable pursuant to the 9
	27	+	provisions of sections 57.949 to 57.997, the board shall 10
	28	+	proportion the benefits according to the funds available. 11
	29	+	2. The board may accept gifts, donations, grants, and 12
	30	+	bequests from public or private sources to the sheriffs' 13
	31	+	retirement fund. 14
	32	+	3. Each county shall make the payroll deductions for 15
	33	+	member contributions mandated under section 57.961, and the 16 SB 141 2
	34	+	county shall transmit such moneys to the board for deposit 17
	35	+	into the sheriffs' retirement fund. 18
	36	+	57.955. 1. There shall be assessed and collected a 1
	37	+	surcharge of three dollars in all civil actions filed in the 2
	38	+	courts of this state [and in all criminal cases including 3
	39	+	violation of any county ordinance or any viol ation of 4
	40	+	criminal or traffic laws of this state, including 5
	41	+	infractions, but no such surcharge shall be assessed when 6
	42	+	the costs are waived or are to be paid by the state, county 7
	43	+	or municipality or when a criminal proceeding or the 8
	44	+	defendant has been di smissed by the court. For purposes of 9
	45	+	this section, the term "county ordinance" shall not include 10
	46	+	any ordinance of the city of St. Louis ]. The clerk 11
	47	+	responsible for collecting court costs in civil [and 12
	48	+	criminal] cases, shall collect and disburse such amounts as 13
	49	+	provided by sections 488.010 to 488.020. Such funds shall 14
	50	+	be payable to the sheriffs' retirement fund. Moneys 15
	51	+	credited to the sheriffs' retirement fund shall be used only 16
	52	+	for the purposes provided for in sections 57.949 to 57.997 17
	53	+	and for no other purpose. 18
	54	+	2. The board may accept gifts, donations, grants and 19
	55	+	bequests from public or private sources to the sheriffs' 20
	56	+	retirement fund. 21
	57	+	488.024. As provided by section 57.955, there shall be 1
	58	+	assessed and collected a s urcharge of three dollars in all 2
	59	+	civil actions filed in the courts of this state [and in all 3
	60	+	criminal cases including violation of any county ordinance 4
	61	+	or any violation of criminal or traffic laws of this state, 5
	62	+	including infractions, but no such surch arge shall be 6
	63	+	assessed when the costs are waived or are to be paid by the 7
	64	+	state, county or municipality or when a criminal proceeding 8
	65	+	or the defendant has been dismissed by the court. For 9 SB 141 3
	66	+	purposes of this section, the term "county ordinance" shall 10
	67	+	not include any ordinance of the City of St. Louis ]. The 11
	68	+	clerk responsible for collecting court costs in civil [and 12
	69	+	criminal] cases shall collect and disburse such amounts as 13
	70	+	provided by sections 488.010 to 488.020. Such funds shall 14
	71	+	be payable to the sheriffs' retirement fund. 15
	72	+	