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HCS/SCS/SB 42 - This act modifies provisions relating to county sheriffs, allows setoff of income tax refunds and lottery payouts for unpaid debts to county jails, and bars such debtors from holding licenses to hunt or fish or a concealed carry endorsement. ELIGIBILITY FOR OFFICE OF SHERIFF - 57.010 This act requires any person filing for the office of sheriff to have a valid peace officer license at the time of filing. The provisions regarding the sheriff needing to a licensed peace officer do not apply to the City of St. Louis under this act. SHERIFFS EMPLOYING ATTORNEYS - 57.104 Under current law, sheriffs in first class counties may employ an attorney. This act provides that sheriffs in any county may employ an attorney. SHERIFF SALARIES - 57.280 Under current law, sheriffs receive certain charges for serving court orders in civil cases and assisting with property sales, which are held in a fund to be expended at the discretion of the sheriff for services and equipment to support the operation of the sheriff's office. Under this act, the fund is to be used to supplement the sheriff's salary and benefits to an amount no greater than $116,858. Any remaining funds after supplement the sheriff's salary are to be used for services and equipment to support the office. COUNTY JAIL CANTEEN - 221.102 This act allows a county sheriff to establish a canteen or commissary in the county jail. Funds from sales at the canteen or commissary are to be deposited in the "Inmate Prisoner Detainee Security Fund". REPAYMENT OF COUNTY JAIL DEBT - 221.070, 313.321, 488.5028, 488.5029, and 571.104 Under current law, prisoners in a county jail must pay the costs of their board. This act requires the circuit clerk in each county to report to the Office of State Courts Administrator the names of people certified by the sheriff as being delinquent in the payment of money owed for a period of imprisonment in a county jail. Whenever a person has satisfied his or her debt or begun making regular payments to the sheriff, the sheriff must notify the clerk that the person is no longer considered delinquent. When the Office of State Courts Administrator receives the name of a debtor, it is required to seek a setoff of state tax refunds and state lottery winnings until the full debt has been paid. This act makes individuals with delinquent county jail debts ineligible for a concealed carry endorsement. Those who currently have a concealed carry endorsement must surrender the driver's or nondriver's license with the endorsement to the court that reported the debt. The Department of Conservation must suspend and refuse to issue a hunting or fishing license for anyone reported delinquent to the department by the Office of State Courts Administrator. In addition, this act requires the Office of State Courts Administrator to notify debtors that the person will be ineligible for a concealed carry endorsement and a hunting or fishing license prior to forwarding a person's name to the Department of Revenue or Department of Conservation. The notice must contain information regarding the right of review of the debt in the court in which the debt arose. Eligibility for a new or renewed concealed carry endorsement or license to hunt or fish is reestablished when the county sheriff notifies the circuit clerk who notifies State Courts Administrator who notifies the Departments of Revenue and Conservation that the person has repaid the debt or honored a repayment plan with the sheriff. The court holding a surrendered concealed carry endorsement must return the endorsement upon notification by the sheriff to the circuit clerk that the debt is no longer considered delinquent. These provisions are similar to SB 900 (2012). MEGHAN LUECKE
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