Missouri HB 1608: Makes county prosecutors state employees

Bill Text

SECOND REGULAR SESSION
HOUSE BILL NO. 1608
102ND GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE VAN SCHOIACK.
3519H.02I DANA RADEMAN MILLER, Chief Clerk
AN ACT
To repeal sections 56.066, 56.151, 56.200, 56.230, 56.240, 56.245, 56.363, 56.807, and
56.809, RSMo, and section 56.067 as enacted by senate bill no. 672, ninety-seventh
general assembly, second regular session, section 56.067 as enacted by senate bill no.
275, ninetieth general assembly, first regular session, section 56.265 as enacted by
senate bill no. 672, ninety-seventh general assembly, second regular session, and
section 56.265 as enacted by senate bill no. 275, ninetieth general assembly, first
regular session, and to enact in lieu thereof ten new sections relating to prosecuting
attorneys, with a delayed effective date for a certain section.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 56.066, 56.151, 56.200, 56.230, 56.240, 56.245, 56.363, 56.807,
2 and 56.809, RSMo, and section 56.067 as enacted by senate bill no. 672, ninety-seventh
3 general assembly, second regular session, section 56.067 as enacted by senate bill no. 275,
4 ninetieth general assembly, first regular session, section 56.265 as enacted by senate bill no.
5 672, ninety-seventh general assembly, second regular session, and section 56.265 as enacted
6 by senate bill no. 275, ninetieth general assembly, first regular session, are repealed and ten
7 new sections enacted in lieu thereof, to be known as sections 56.005, 56.066, 56.151, 56.200,
8 56.230, 56.240, 56.245, 56.363, 56.802, and 56.807, to read as follows:
56.005. Beginning January 1, 2025, prosecutors governed under this chapter
2 shall be considered state employees under the office of the attorney general and entitled
3 to coverage under the state employee health plan under chapter 103, members of the
4 retirement plan for state employees under chapter 104 and section 56.802, and entitled
5 to all other benefits available to and subject to all other laws governing state employees.
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language.

6 Theprovisionsofthissectionshallnotapplytocircuitattorneysundersections56.380to
7 56.600.
56.066. 1. In any county which contains facilities which are operated by the
2 department of corrections with a total average yearly inmate population in excess of seven
3 hundred and fifty persons but less than one thousand five hundred persons, the prosecuting
4 attorney shall receive ten thousand dollars per annum in addition to all other compensation
5 provided by law. In any county which contains facilities which are operated by the
6 department of corrections with a total average yearly inmate population in excess of one
7 thousand five hundred persons but less than three thousand persons, the prosecuting attorney
8 shall receive twelve thousand five hundred dollars per annum in addition to all other
9 compensationprovidedbylaw. Inanycountywhichcontainsfacilitieswhichareoperatedby
10 the department of corrections with a total average yearly inmate population in excess of three
11 thousand persons but less than four thousand persons, the prosecuting attorney shall receive
12 fifteen thousand dollars per annum in addition to all other compensation provided by law. In
13 anycountywhichcontainsfacilitieswhichareoperatedby thedepartmentofcorrectionswith
14 atotalaverage inmatepopulationinexcessoffourthousandpersons,theprosecutingattorney
15 shall receive twenty thousand dollars per annum in addition to all other compensation
16 provided by law. The compensation provided in connection with the average inmate
17 population shall not be considered for purposes of determining any increase in compensation
18 from January 1, 1988. The amounts provided in this subsection shall be included in the
19 computation of the maximum allowable compensation [as that term is used in section
20 50.333].
21 2. Notwithstanding the provisions of section 56.360, the prosecuting attorney of any
22 county of the fourth classification, with a population of at least forty-eight thousand and not
23 more than sixty thousand inhabitants, two correctional facilities and a state mental health
24 center, shall devote full time to the prosecutor's office, and, except for the performance of
25 official duties, shall not engage in the practice of law.
56.151. 1. The prosecuting attorney of all counties of the first class not having a
2 charter form of government may appoint such assistant prosecuting attorneys, and may
3 employ such investigators and stenographic and clerical help as he deems necessary for the
4 proper discharge of the duties of his office, and may set their compensation within the limits
5 of the allocations made for that purpose [by the county commission]. The compensation for
6 the assistant prosecuting attorneys, inv