Senate Committee Substitute

SCS/SB 80 - This act specifies that two or more contiguous counties of the second, third, or fourth classification 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 2022 general election and every four years thereafter.

This act 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 percent 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 this act, prosecuting attorneys representing multiple counties must receive compensation equal to that of an associate circuit judge, which is prorated among the counties. Part-time prosecutors may receive a salary of up to 75 percent of the compensation of an associate circuit judge. The counties must also share in the retirement contribution for the prosecuting attorney. The annuity for such prosecuting attorneys is 50 percent of the final average compensation.

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 act is similar to SB 824 (2014).


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