Missouri Statute | Act | Code |County, Township And Political Subdivision Government| US Code - US Statute

1. At the general election to be held in 1948, and at each
general election held every four years thereafter, the voters in every
county in this state shall elect some suitable person sheriff. No person
shall be eligible for the office of sheriff who has been convicted of a
felony. Such person shall be a resident taxpayer and elector of said
county, shall have resided in said county for more than one whole year
next before filing for said office and shall be a person capable of
efficient law enforcement. When any person shall be elected sheriff, such
person shall enter upon the discharge of the duties of such person's
office as chief law enforcement officer of that county on the first day
of January next succeeding said election.

2. Beginning January 1, 2003, any sheriff who does not hold a valid peace
officer license pursuant to chapter 590, RSMo, shall refrain from
personally executing any of the police powers of the office of sheriff,
including but not limited to participation in the activities of arrest,
detention, vehicular pursuit, search and interrogation. Nothing in this
section shall prevent any sheriff from administering the execution of
police powers through duly commissioned deputy sheriffs. This subsection
shall not apply:

(1) During the first twelve months of the first term of office of any
sheriff who is eligible to become licensed as a peace officer and who
intends to become so licensed within twelve months after taking office; or

(2) To the sheriff of any county of the first classification with a
charter form of government with a population over nine hundred thousand.
(RSMo 1939 § 13125, A.L. 1945 p. 1728, A.L. 1978 H.B. 971, A.L. 2001 H.B.
80)

Prior revisions: 1929 § 11505; 1919 § 11629; 1909 § 11200

(1955) Sheriff held county officer within meaning of section 18, Article
VI of Constitution so that county charter could transfer his policing and
law enforcement functions to county police department. State on inf.
Dalton ex rel. Shepley v. Gamble, 365 Mo. 215, 280 S.W.2d 656.

As used in this chapter, the following words and terms shall have
the following meaning:

(1) "Deputy sheriff" or "officer", any deputy sheriff who is employed
full time by a law enforcement agency, authorized by this chapter and
certified pursuant to chapter 590, RSMo. This term shall not include an
officer serving in probationary status or one year, whichever is longer,
upon initial employment. This term shall not include any deputy sheriff
with the rank of lieutenant and above, or any chief deputies, under
sheriffs and the command staff as defined by the sheriff's department
policy and procedure manual;

(2) "Hearing", a closed meeting conducted by a hearing board appointed by
the sheriff for the purpose of receiving evidence in order to determine
the facts regarding the dismissal of a deputy sheriff. Witnesses to the
event that triggered the dismissal may attend the hearing for the limited
purpose of providing testimony; the attorney for the deputy dismissed may
attend the hearing, but only to serve as an observer; the sheriff and his
or her attorney may attend the hearing, but only to serve as an observer;

(3) "Hearing board", the individuals appointed by the sheriff for the
purpose of receiving evidence in order to determine the facts regarding
the dismissal of a deputy sheriff; and

(4) "Law enforcement agency", any county sheriff's office of this state
that employs county law enforcement deputies authorized by this chapter
and certified by chapter 590, RSMo. (L. 1998 S.B. 659)

Every sheriff shall, within fifteen days after he or she is sworn
into office, give bond to the state in a sum not less than five thousand
dollars nor more than fifty thousand dollars, with sureties approved by
the presiding judge of the circuit court, conditioned for the faithful
discharge of his duties; which bond shall be filed in the office of the
clerk of the circuit court of the county. (RSMo 1939 § 13127, A.L. 1978
H.B. 1634, A.L. 2001 H.B. 80)

Prior revisions: 1929 § 11507; 1919 § 11631; 1909 § 11202

CROSS REFERENCES: Bond required for officers of class one counties, RSMo
107.060 Official bonds of county officers, RSMo 107.010 to 107.110

Should any sheriff be reelected, he shall give a new bond and
security within fifteen days from the date that he or she is sworn into
office; and should he or she fail to do so, his or her former sureties
shall not be held liable for any business done by him after the fifteen
days expire. (RSMo 1939 § 13126, A.L. 2001 H.B. 80)

Prior revisions: 1929 § 11506; 1919 § 11630; 1909 § 11201

If any sheriff fail to give such bond within the time prescribed,
the office shall be deemed vacant. (RSMo 1939 § 13128)

Prior revisions: 1929 § 11508; 1919 § 11632; 1909 § 11203

Such bond may be taken by the clerk of the circuit court, in
vacation; and, if so taken, shall be approved or disapproved by the
circuit court at the next term. (RSMo 1939 § 13129)

Prior revisions: 1929 § 11509; 1919 § 11633; 1909 § 11204

Such bond shall be valid until disapproved; nor shall its
obligations be impaired by the disapproval of the circuit court. (RSMo
1939 § 13130)

Prior revisions: 1929 § 11510; 1919 § 11634; 1909 § 11205

Every sheriff shall, before he enters upon the duties of his
office, cause his certificate of election or appointment, with the oath
of office endorsed thereon, and his official bond, with the approval
endorsed thereon, to be recorded, at his own expense, in the office of
the recorder of the county. (RSMo 1939 § 13131)

Prior revisions: 1929 § 11511; 1919 § 11635; 1909 § 11206

1. Whenever from any cause the office of sheriff becomes vacant,
the same shall be filled by the county commission; if such vacancy
happens more than nine months prior to the time of holding a general
election, such county commission shall immediately order a special
election to fill the same, and the person by it appointed shall hold said
office until the person chosen at such election shall be duly qualified;
otherwise the person appointed by such county commission shall hold
office until the person chosen at such general election shall be duly
qualified; but while such vacancy continues, any writ or process directed
to the said sheriff and in such sheriff's hands at the time such vacancy
occurs, remaining unexecuted, and any writ or process issued after such
vacancy, may be served by any person selected by the plaintiff, the
plaintiff's agent or attorney, at the risk of such plaintiff; and the
clerk of any court out of which such writ or process shall issue shall
endorse on such writ or process the authority to such person to execute
and return the same, and shall state on such endorsement that the
authority thus given is "at the request and risk of the plaintiff", and
the person so named in said writ or process may proceed to execute and
return said process, as sheriffs are by the law required to do. Such
election shall be held on or before the tenth Tuesday after the vacancy
occurs. Upon the occurrence of such vacancy, it shall be the duty of the
presiding commissioner of the county commission, if such commission be
not then in session, to call a special term thereof, and cause said
election to be held.

*2. Notwithstanding the provisions of this section to the contrary, if a
vacancy occurs in the office of the sheriff in any county of the first
classification with more than seventy-one thousand three hundred but
fewer than seventy-one thousand four hundred inhabitants, the election to
fill such vacancy shall be held on the general municipal election day as
provided for in section 115.121, RSMo. The provisions of this subsection
shall expire on June 1, 2005. (RSMo 1939 § 13143, A.L. 1978 H.B. 971,
A.L. 1979 S.B. 275, A.L. 1996 H.B. 1557 & 1489, A.L. 2005 S.B. 176)

Prior revisions: 1929 § 11523; 1919 § 11647; 1909 § 11217

Effective 2-01-05

*Subsection 2 expires 6-01-05.

The several sheriffs shall attend each division of the circuit
court presided over by a circuit or associate circuit judge held in their
counties, when so directed by the court; and it shall be the duty of the
officer attending any court to furnish stationery, fuel, and other things
necessary for the use of the court whenever ordered by the court. (RSMo
1939 § 2034, A.L. 1945 p. 805, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 1870; 1919 § 2365; 1909 § 3887

Effective 1-2-79

Every sheriff shall quell and suppress assaults and batteries,
riots, routs, affrays and insurrections; shall apprehend and commit to
jail all felons and traitors, and execute all process directed to him by
legal authority, including writs of replevin, attachments and final
process issued by circuit and associate circuit judges. (RSMo 1939 §
13138, A. 1949 H.B. 2015, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 11518; 1919 § 11642; 1909 § 11212

Effective 1-2-79

CROSS REFERENCE: Arrest without warrant, on suspicion, persons violating
any law including misdemeanors and ordinances in jurisdiction, powers,
RSMo 544.216

A county sheriff and his deputies, when authorized by written
agreement entered into by the sheriff and a city, town or village within
the county and approved by the governing body of the county, shall have
the same power and authority to enforce the ordinances of the city, town
or village, and in the same manner, as have the police of the city, town
or village. (L. 1983 H.B. 81)

The sheriff in counties of the second class shall on January
first of each year and every three months thereafter file with the
circuit court of the county a report on the conditions of the county
jail, the number of prisoners confined in said jail, together with
recommendations relating to its operation. (L. 1965 p. 150 § 8)

1. The sheriff of any county of the first classification not
having a charter form of government may employ an attorney at law to aid
and advise him in the discharge of his duties and to represent him in
court. The sheriff shall set the compensation for an attorney hired
pursuant to this section within the allocation made by the county
commission to the sheriff's department for compensation of employees to
be paid out of the general revenue fund of the county.

2. The attorney employed by a sheriff pursuant to subsection 1 of this
section shall be employed at the pleasure of the sheriff. (L. 1993 H.B.
209 & 288 § 1 merged with S.B. 180 § 15)

1. Every sheriff shall have the power to contract with the
Secretary of the Army of the United States, acting through the Corps of
Engineers, for the purpose of providing increased law enforcement
services at or near water resources development projects, active or
inactive, under the jurisdiction of the Secretary of the Army which are
located within the county of the contracting sheriff.

2. No such contracts shall be for a period of more than two years. (L.
1979 S.B. 260 § 1)

Every sheriff is a conservator of the peace within his county,
and shall cause all offenders against law, in his view, to enter into
recognizance, with security, to keep the peace and to appear at the next
term of the circuit court of the county, and to be committed to jail in
case of failure to give the recognizance. The sheriff shall certify the
recognizance to the clerk of the circuit court. (RSMo 1939 §§ 13136,
13137, A.L. 1959 S.B. 68)

Prior revisions: 1929 §§ 11516, 11517; 1919 §§ 11640, 11641; 1909 §§
11210, 11211

CROSS REFERENCE: Arrest without warrant, on suspicion, persons violating
any law including misdemeanors and ordinances in jurisdiction, powers,
RSMo 544.216

Whenever any sheriff or deputy sheriff of any county in this
state is expressly requested, in each instance, by a sheriff of an
adjoining county of this state to render assistance, such sheriff or
deputy shall have the same powers of arrest in such county as he has in
his* own jurisdiction. (L. 1979 S.B. 259 § 1)

*Words "they have in their" appear in original rolls.

1. Sheriffs in counties of the first class not having a charter
form of government and in counties of the second class having a
population in excess of seventy thousand shall, in addition to their
general duties:

(1) Regularly patrol and police all county constructed and maintained
highways within the county;

(2) Enforce all laws designed to safeguard and protect these highways;

(3) Protect county employees engaged in maintenance and construction work
on these highways;

(4) Report all dangerous conditions on these highways to the county
highway department.

2. The expenditures resulting from the performance of the duties imposed
by this section are subject to the budgetary procedures and controls
provided in sections 50.525 to 50.660, RSMo. (L. 1961 p. 297 § 57.103,
A.L. 1971 S.B. 171, A.L. 1973 H.B. 684)

Sheriffs in counties of the third and fourth class may:

(1) Regularly patrol and police all public roads and highways within the
county;

(2) Enforce all laws designed to safeguard and protect these roads and
highways;

(3) Report all dangerous conditions on these roads and highways to the
county commission or other road or highway supervising body. (L. 1974
H.B. 1028 § 1)

Hereafter no sheriff in this state shall appoint any under
sheriff or deputy sheriff except the person so appointed shall be, at the
time of his appointment, a bona fide resident of the state. (RSMo 1939 §
4627)

Prior revisions: 1929 § 4238; 1919 § 3485; 1909 § 4700

*Transferred 1978; formerly 562.210

CROSS REFERENCE: Special deputies must be residents, RSMo 542.190

In any emergency the sheriff shall appoint sworn deputies, who
are residents of the county, possessing all the qualifications of
sheriff. The deputies shall serve not exceeding thirty days, and shall
possess all the powers and perform all the duties of deputy sheriffs,
with like responsibilities, and for their services shall receive two
dollars per day, to be paid out of the county treasury. (RSMo 1939 §
13136, A.L. 1959 S.B. 68)

Prior revisions: 1929 § 11516; 1919 § 11640; 1909 § 11210

(1953) Powers and duties of emergency deputy sheriff appointed under this
section are limited primarily to the county for which he is commissioned
and such powers do not exist when deputy is in another county for
purposes of his own. State v. Owen (Mo.) 258 S.W.2d 662.

1. In all counties of class one having a population of less than
seven hundred thousand inhabitants, whenever the appointment of deputies
and assistants is required by law to be approved by circuit judges of the
circuit court, and an investigation or examination of the applicants is
caused to be made by the judges, the sheriff of the county shall conduct
the examination or investigation.

2. At the request of the jury commissioners, the sheriff shall
investigate the qualifications of prospective jurors. (L. 1961 p. 298 §
1, A.L. 1978 H.B. 1634)

Effective 1-2-79

1. The sheriffs of the several counties shall collect and account
for all the fines, penalties, forfeitures and other sums of money, by
whatever name designated, accruing to the state or any county by virtue
of any order, judgment or decree of a court of record, provided that by
court rule provision may be made for a court clerk to collect fines,
penalties, forfeitures and other sums of money accruing to the state by
virtue of any order, judgment or decree of the court.

2. The provisions of this section shall expire and be of no force and
effect on and after July 1, 2007. (RSMo 1939 § 11221, A.L. 1973 S.B. 100,
A.L. 1978 H.B. 1634, A.L. 1999 S.B. 1, et al., A.L. 2001 S.B. 267)

Prior revisions: 1929 § 9990; 1919 § 12980; 1909 § 11532

Expires 7-1-07

All moneys collected by the sheriff on executions shall be paid
to the plaintiff or his order or his attorney of record. (RSMo 1939 §
13139, A.L. 1959 S.B. 68)

Prior revisions: 1929 § 11519; 1919 § 11643; 1909 § 11213

Whenever the term of office of any sheriff shall expire, it shall
be the duty of said sheriff to turn over to his successor in office all
money in his hands due any party to a partition suit, either plaintiff or
defendant, all money due guardians ad litem or attorneys, and all money
due any witness, juror, circuit clerk, responsible clerk, county clerk,
commissioner, sheriff or coroner, or due anyone who has formerly held any
one of said offices. The fees due for paying out any such fees or money
shall thereupon be due to the sheriff receiving such fees or money. The
sheriff receiving such fees or receiving money due any party to a
partition suit, or due any guardian ad litem or attorney, and the
securities on said sheriff's bond, shall be liable for the payment of
said money to the person or persons entitled thereto, or for the payment
of the same to the county treasurer, or the state treasurer, as is now
provided by law. (RSMo 1939 § 13140, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 11520; 1919 § 11644; 1909 § 11214

Effective 1-2-79

CROSS REFERENCES: Execution, how proceeded upon after sheriff leaves
office, RSMo 513.315 to 513.350 Execution sales, how made when term
changed, RSMo 513.295 Partition sales, to be completed by outgoing
sheriff, RSMo 528.440

Any outgoing sheriff who shall fail or refuse for sixty days to
turn over to his successor in office any fee or money required to be
turned over by the provisions of section 57.150 shall be liable on his
bond for double the amount that he shall fail or refuse to turn over, to
be recovered by a civil action in the name of the person to whom said
money or fees is due; and, in addition thereto, shall be deemed guilty of
a misdemeanor and be punished by a fine of not less than twenty-five nor
more than two hundred and fifty dollars. (RSMo 1939 § 13141)

Prior revisions: 1929 § 11521; 1919 § 11645; 1909 § 11215

Whenever summary proceedings are given against a sheriff, his
sureties, jointly and severally, shall be liable to the same, and may or
may not be joined with him, and such recovery may be had against them as
is given against the sheriff; provided, that upon such recovery against
the sureties of any sheriff, in a summary mode of proceeding, the extent
of said recovery shall not exceed the amount of money withheld by the
sheriff, and ten percent per annum on the same from and after the return
day of the execution. (RSMo 1939 § 13142)

Prior revisions: 1929 § 11522; 1919 § 11646; 1909 § 11216

It shall be the duty of all courts of record, at each term
thereof, to settle with the sheriffs or marshals for all moneys by them
received, or which they ought to have collected, for the use of their
respective counties, and have not before accounted for. They shall cause
their clerks to make out a list of all sums chargeable to said sheriffs
or marshals and payable to the counties, specifying on what account, and
cause the same to be certified under the seal of the court, which
certificate shall be immediately transmitted to the clerks of the county
commissions of the counties to which such moneys are payable who shall
charge the same accordingly. (RSMo 1939 § 13839)

Prior revisions: 1929 § 12177; 1919 § 9575; 1909 § 3795

If any sheriff or marshall shall fail to pay, without delay, the
moneys with which he shall become chargeable on the settlement in section
57.180 mentioned, he shall forfeit to the county entitled to the said
moneys double the amount with which he is chargeable, to be recovered by
motion in the court in which such settlement shall have been made, after
ten days' previous notice of such motion. (RSMo 1939 § 13840)

Prior revisions: 1929 § 12178; 1919 § 9576; 1909 § 3796

CROSS REFERENCE: Fees collected for others, account to be kept, RSMo
50.470, 50.480

1. The sheriff of all counties of the first class not having a
charter form of government shall appoint such deputies, assistants and
other employees as he deems necessary for the proper discharge of the
duties of his office and may set their compensation within the limits of
the allocations made for that purpose by the county commission. The
compensation for the deputies, assistants and employees shall be paid in
equal installments out of the county treasury in the same manner as other
county employees are paid.

2. The assistants and employees shall hold office at the pleasure of the
sheriff.

3. Deputies shall hold office pursuant to the provisions of sections
57.015 and 57.275. (L. 1973 H.B. 684, A.L. 1998 S.B. 659, A.L. 1999 H.B.
895)

The sheriff, in a county of the second class, shall be entitled
to such a number of deputies as a majority of the circuit judges of the
circuit court shall deem necessary for the prompt and proper discharge of
the duties of the sheriff's office; provided, however, such number of
deputies appointed by the sheriff shall not be less than one chief deputy
sheriff and one additional deputy for each five thousand inhabitants of
the county according to the last decennial census. Such deputies shall be
appointed by the sheriff, but no appointment shall become effective until
approved by a majority of the circuit judges of the circuit court of the
county. A majority of the circuit judges of the circuit court, by
agreement with the sheriff, shall fix the salaries of such deputies. A
statement of the number of deputies allowed the sheriff, and their
compensation, together with the approval of any appointment by such
judges of the circuit court, shall be in writing and signed by them and
filed by the sheriff with the county commission. Deputies shall hold
office pursuant to the provisions of sections 57.015 and 57.275. (RSMo
1939 § 13480, A.L. 1945 p. 1569 § 9, A.L. 1955 p. 351 § 1, A.L. 1978 H.B.
1634, A.L. 1998 S.B. 659)

Prior revisions: 1929 § 11848; 1919 § 11056

The county shall pay the salaries, in the amount approved by a
majority of the circuit judges of the circuit court, of each deputy
appointed by the sheriff and approved by a majority of the circuit judges
of the circuit court. (L. 1945 p. 1569 § 10, A.L. 1959 S.B. 68, A.L. 1978
H.B. 1634)

Effective 1-2-79

The sheriff, in counties of the second class, may employ, in
addition to the deputies authorized, such other employees, with the
approval of the county commission, as may be necessary to the efficient
operation of his office and the performance of the duties imposed upon
him by law. The salary of any person, so employed, shall be fixed by the
sheriff, with the approval of the county commission. (L. 1945 p. 1569 §
11)

The sheriff in counties of the third and fourth classifications
shall be entitled to such number of deputies and assistants, to be
appointed by such official, with the approval of a majority of the
circuit judges of the circuit court, as such judges shall deem necessary
for the prompt and proper discharge of such sheriff's duties relative to
the enforcement of the criminal law of this state. Such judges of the
circuit court, in their order permitting the sheriff to appoint deputies
or assistants, shall fix the compensation of such deputies or assistants.
The circuit judges shall annually review their order fixing the number
and compensation of the deputies and assistants and in setting such
number and compensation shall have due regard for the financial condition
of the county. Each such order shall be entered of record and a certified
copy thereof shall be filed in the office of the county clerk at least
fifteen days prior to the date of the adoption of the county budget as
prescribed by section 50.610, RSMo. The sheriff may at any time discharge
any assistant and may regulate the time of such person's employment.
Deputies shall hold office pursuant to the provisions of sections 57.015
and 57.275. At the request of the sheriff, the presiding judge may order
additional deputies in cases where exigent or emergency circumstances
require the need for such additional deputies. (L. 1945 p. 1547 § 2, L.
1945 p. 1562 § 2, A. 1949 H.B. 2015, A.L. 1978 H.B. 1634, A.L. 1995 H.B.
274 & 268 merged with S.B. 352, A.L. 1998 S.B. 659)

1. The sheriff of each county of the third and fourth classes
shall appoint such deputies, assistants and other employees as the
sheriff deems necessary for the proper discharge of the duties of office
and may set their compensation within the limits of the allocations made
for that purpose by the county commission. The compensation for the
deputies, assistants and employees shall be paid in equal installments
out of the county treasury in the same manner as other county employees
are paid.

2. The assistants and employees shall hold office at the pleasure of the
sheriff.

3. Deputies shall hold office pursuant to the provisions of sections
57.015 and 57.275.

4. The provisions of this section shall not become effective until the
supreme court of the state of Missouri has issued an opinion, or until an
opinion of a circuit court of the state of Missouri has become final,
stating substantially that section 57.250 is invalid or unconstitutional
in part or as a whole, and that a sheriff has no authority to appoint
deputy sheriffs pursuant to such section. Once either of such events
occurs, then this section shall become effective as of the date the
opinion of the supreme court becomes effective or as of the date the
opinion of the circuit court becomes final, as the case may be, or
October 1, 1983, whichever occurs later. (L. 1983 S.B. 212 § 57.251, § 2,
A.L. 1998 S.B. 659)

It shall be the duty of the sheriff of Marion County to have at
least one deputy who shall attend district number 2 of the circuit court
of Marion County at Hannibal; and if said sheriff shall neglect for one
month to appoint a deputy as required by this section, he or she shall be
liable to pay as a penalty therefor the sum of five hundred dollars for
each month of such failure or neglect, and judgment may be entered for
said penalty on a citation to show cause, issued from said court and
served on said sheriff in like manner as an order or summons, or may be
recovered by an action for that purpose brought in the name of the county
of Marion. (RSMo 1939 § 2426, A. 1949 H.B. 2015, A.L. 1978 H.B. 1634,
A.L. 2004 S.B. 1211)

Prior revisions: 1929 § 14554; 1919 § 13732; 1909 § 4281

Every deputy sheriff shall possess all the powers and may perform
any of the duties prescribed by law to be performed by the sheriff. (RSMo
1939 § 13134)

Prior revisions: 1929 § 11514; 1919 § 11638; 1909 § 11209

1. Any full-time deputy sheriff upon dismissal shall be furnished
with a written notice of the grounds for the dismissal. Upon receipt of
the written grounds for the dismissal, the deputy sheriff may request a
hearing. The request must be made to the sheriff, in writing, within
three working days of receipt of the grounds for dismissal. Such hearing
shall take place before the hearing board to be appointed by the sheriff.
The sheriff shall schedule a closed hearing within a reasonable time but
within thirty days after the written request was received by the sheriff.
A written report of the facts determined during the hearing shall be
forwarded to the sheriff. The sheriff will review the findings, and has
the final decision-making authority. Any law enforcement agency shall be
deemed to be in compliance with this section if the agency:

(1) Has published and distributed department policies and procedures
which include provisions for dismissal of deputy sheriffs or other
employees;

(2) Provides a deputy sheriff who has been dismissed written notification
of the grounds for the dismissal;

(3) Allows the officer to request and have a hearing; and

(4) Provides the officer with written results of such hearing.

2. The procedural requirements created pursuant to this section shall not
be interpreted as creating any new substantive due process rights.
Nothing in this chapter shall be interpreted as conferring or creating an
employment status for deputy sheriffs other than at-will status and
nothing in this chapter shall be interpreted as depriving any person of
any rights which are conferred as a matter of employment, including
postemployment benefits such as workers' compensation and unemployment
compensation. (L. 1998 S.B. 659)

(2004) Mandated hearing is not a contested case subject to judicial
review under the Administrative Procedure Act. McCoy v. Caldwell County,
145 S.W.3d 427 (Mo.banc).

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 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 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 charge 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 are waived as provided by law,
until the charge 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 and 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; however, in any county, any funds, not
to exceed fifty thousand dollars in any calendar year, other than as a
result of regular budget allocations or land sale proceeds, coming into
the possession of the sheriff's office, such as from the sale of
recovered evidence, 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, other than regular budget allocations or land
sale proceeds, shall be placed to the credit of the general revenue fund
of the 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. (RSMo 1939 § 13411, A.L. 1974 S.B. 378, A.L. 1978
H.B. 1634, A.L. 1979 H.B. 148, A.L. 1989 S.B. 196, A.L. 1991 S.B. 250,
A.L. 1993 S.B. 250, A.L. 1996 S.B. 869, A.L. 1998 H.B. 1528, A.L. 1999
S.B. 1, et al.)

Prior revisions: 1929 § 11789; 1919 § 10998; 1909 § 10701

1. In cities and counties having a population of three hundred
thousand inhabitants and over, each deputy sheriff, not more than two,
shall be allowed for each day during the term of court six dollars, to be
paid by the city or county of three hundred thousand inhabitants or over.

2. For the services of taking convicted offenders to the reception and
diagnostic center designated by the director of the department of
corrections, the sheriff, county marshal or other officers shall receive
the sum of eight dollars per day for the time actually and necessarily
employed in traveling to and from the reception and diagnostic center,
and each guard shall receive the sum of six dollars per day for the same,
and the sheriff, county marshal or other officer and guard shall receive
the mileage rate prescribed by this section for the distance necessarily
traveled in going to and returning from the reception and diagnostic
center, the time and distance to be estimated by the most usually
traveled route from the place of departure to the reception and
diagnostic center; the mileage rate prescribed by this section for each
mile traveled shall be allowed to the sheriff to cover all expenses on
each convicted offender while being taken to the reception and diagnostic
center; and all persons convicted and sentenced to imprisonment in the
department of corrections at any term or sitting of the court, shall be
taken to the reception and diagnostic center at the same time, unless
prevented by sickness or unavoidable accident. In cities having a
population of two hundred thousand inhabitants or more, convicted
offenders shall be taken to the reception and diagnostic center as often
as the sheriff deems necessary. When three or more convicted offenders
are being taken to the reception and diagnostic center at one time, a
guard may be employed, but no guard shall be employed for a less number
of convicted offenders except upon the order, entered of record, of the
judge of the court in which the conviction was had, and any additional
guards employed by order of the judge shall, in no event, exceed one for
every three convicted offenders; and before any claim for taking
convicted offenders to the reception and diagnostic center is allowed,
the sheriff, or other officer conveying such convicted offender, shall
file with the state commissioner of administration an itemized statement
of such sheriff's account, in which the sheriff shall give the name of
each convicted offender conveyed and the name of each guard actually
employed, with the number of miles necessarily traveled and the number of
days required, which in no case shall exceed three days, and which
account shall be signed and sworn to by such officer and accompanied by a
certificate from the chief administrative officer or such officer's
designee of the reception and diagnostic center, that such convicted
offenders have been delivered at the reception and diagnostic center and
were accompanied by each of the officers and guards named in the account.

3. The sheriff or other officer who shall take a person, charged with a
criminal offense, from the county in which the offender is apprehended to
that in which the offense was committed, or who may remove a prisoner
from one county to another for any cause authorized by law, or who shall
have in custody or under such sheriff's or officer's charge any person
undergoing an examination preparatory to such person's commitment more
than one day for transporting, safekeeping and maintaining any such
person, shall be allowed by the court having cognizance of the offense,
three dollars and fifty cents per day for every day such sheriff or
officer may have such person under such sheriff's or officer's charge,
when the number of days shall exceed one, and the mileage rate prescribed
by this section for every mile necessarily traveled in going to and
returning from one county to another, and the guard employed, who shall
in no event exceed the number allowed the sheriff, marshal or other
officer in transporting convicted offenders to the reception and
diagnostic center, shall be allowed the same compensation as the officer.
Three dollars and fifty cents per day, mileage same as officer, shall be
allowed for board and all other expenses of each prisoner. No
compensation shall be allowed under this section for taking the prisoner
or prisoners from one place to another in the same county, excepting in
counties which have two or more courts with general criminal
jurisdiction. In such counties the sheriff shall have the same fees for
conveying prisoners from the jail to place of trial as are allowed for
conveying prisoners in like cases from one county to another, and the
expenses incurred in transporting prisoners from one county to another,
occasioned by the insufficiency of the county jail or threatened mob
violence, shall be paid by the county in which such case may have
originated; provided that the court is held at a place more than five
miles from the jail; and no court shall allow the expense of a guard,
although it may have actually been incurred, unless from the evidence of
disinterested persons it shall be satisfied that a guard was necessary;
provided, that when the place of conviction is remote from a railroad,
upon which a convicted offender may be transported to the reception and
diagnostic center, the court before which such convicted offender is
sentenced may, for good cause shown, allow one guard for every two
convicted offenders, such guard to receive three dollars a day and the
mileage rate prescribed by this section for every mile necessarily
traveled in going to and returning from the nearest depot on said
railroad to the place where such convicted offender was sentenced.

4. Mileage shall be reimbursed to sheriffs, county marshals and guards
for all services rendered pursuant to this section at the rate prescribed
by the Internal Revenue Service for allowable expenses for motor vehicle
use expressed as an amount per mile. (RSMo 1939 § 13413, A. 1949 H.B.
2015, A.L. 1953 p. 386, A.L. 1972 S.B. 516, A.L. 1974 S.B. 378, A.L. 1975
H.B. 734, A.L. 1979 H.B. 148, A.L. 1989 S.B. 196, A.L. 1990 H.B. 974,
A.L. 1996 S.B. 869, A.L. 1997 S.B. 248, A.L. 1998 H.B. 1528, A.L. 2003
H.B. 613 merged with S.B. 466)

Prior revisions: 1929 § 11791; 1919 § 10999; 1909 § 10702

In each county of this state the sheriff and each full-time
deputy sheriff shall receive, at the discretion of the county commission,
twenty-five dollars per month, as a uniform allowance, and may receive,
at the discretion of the county commission, not in excess of a total of
one hundred dollars per month, as a uniform allowance, to be paid to him
or her monthly out of the county treasury. This allowance shall apply
only to sheriffs and deputy sheriffs who wear an official uniform in
performance of their duty. (L. 1969 H.B. 264 § 1, A.L. 1982 H.B. 907 &
1497, A.L. 1983 H.B. 713 Revision, A.L. 1984 S.B. 419, A.L. 1997 S.B. 11)

1. The county sheriff in any county, other than in a first
classification chartered county, shall receive an annual salary computed
as set forth in the following schedule. The assessed valuation factor
shall be the amount thereof as shown for the year next preceding the
computation. The provisions of this section shall not permit or require a
reduction in the amount of compensation being paid for the office of
sheriff on January 1, 1997.

Assessed Valuation Salary $ 18,000,000 to 40,999,999 $36,000

41,000,000 to 53,999,999 37,000

54,000,000 to 65,999,999 38,000

66,000,000 to 85,999,999 39,000

86,000,000 to 99,999,999 40,000 100,000,000 to 130,999,999 42,000
131,000,000 to 159,999,999 44,000 160,000,000 to 189,999,999 45,000
190,000,000 to 249,999,999 46,000 250,000,000 to 299,999,999 48,000
300,000,000 to 449,999,999 50,000 450,000,000 to 599,999,999 52,000
600,000,000 to 749,999,999 54,000 750,000,000 to 899,999,999 56,000
900,000,000 to 1,049,999,999 58,000 1,050,000,000 to 1,199,999,999 60,000
1,200,000,000 to 1,349,999,999 62,000 1,350,000,000 and over 64,000

2. Two thousand dollars of the salary authorized in this section shall be
payable to the sheriff only if the sheriff has completed at least twenty
hours of classroom instruction each calendar year relating to the
operations of the sheriff's office when approved by a professional
association of the county sheriffs of Missouri unless exempted from the
training by the professional association. The professional association
approving the program shall provide a certificate of completion to each
sheriff who completes the training program and shall send a list of
certified sheriffs to the treasurer of each county. Expenses incurred for
attending the training session may be reimbursed to the county sheriff in
the same manner as other expenses as may be appropriated for that purpose.

3. The county sheriff in any county, other than a first classification
charter county, shall not, except upon two-thirds vote of all the members
of the salary commission, receive an annual compensation less than the
total compensation being received for the office of county sheriff in the
particular county for services rendered or performed on the date the
salary commission votes. (L. 1987 S.B. 65, et al. § 4, A.L. 1988 S.B.
431, A.L. 1997 S.B. 11)

In all counties of this state of the first class the county
commission may provide and supply the sheriff and deputy sheriffs of such
county with such number of police cars or automobiles as may be needed
for the efficient performance of the duties of such office. (L. 1945 p.
1729 § 1, A.L. 1973 H.B. 684, A.L. 1978 H.B. 1634)

Effective 1-2-79

In all counties of the second class the county commission may
provide and supply the sheriff and deputy sheriffs of the county with
such number of police cars or motor vehicles as the said county
commission shall determine to be necessary for the efficient performance
of the duties of the office, but the number shall be not less than one
motor vehicle for each fifteen thousand inhabitants or part thereof in
counties of the second class containing all or part of a city of more
than eight thousand inhabitants, and shall be not less than one vehicle
for each five thousand inhabitants in all other counties of the second
class. The motor vehicles provided may be of any make or size as
determined by the county commission. (L. 1969 H.B. 129, A.L. 1972 H.B.
1171)

1. The sheriff may, in an emergency or when he deems it essential
for the performance of the official duties of his office, permit the use
of personally owned motor vehicles by members of his department, but only
when no county-owned vehicles are available. When such use is authorized,
members of the department using their own motor vehicles shall be
reimbursed out of the county treasury for each mile actually and
necessarily traveled in the performance of their official duties as
prescribed by subsection 2 of this section at a rate equal to the rate
prescribed by the Internal Revenue Service for allowable expenses for
motor vehicle use expressed as an amount per mile.

2. When mileage is allowed, it shall be computed from the place where
court is usually held in the county, and when court is usually held at
more than one place, such mileage shall be computed from the place from
which the sheriff or deputy sheriff travels in performing the service.
When two or more persons who are summoned, subpoenaed, or served with any
process, writ, or notice, in the same action, live in the same general
direction, mileage shall be allowed only for summoning, subpoenaing or
serving of the most remote. At the end of each month, the sheriff and
each deputy who has such a mileage claim shall file with the county
commission an accurate and itemized statement, in writing, showing in
detail the miles traveled by such officer, the date of each trip, the
nature of business engaged in during each trip, and the places to and
from which he has traveled. Such statement shall be signed by the officer
making claim for reimbursement, verified by his affidavit, and filed by
him with the county commission. Whenever claim for reimbursement is made
by a deputy, his statement shall also be approved in writing by the
sheriff, who shall also file an affidavit that all such miles traveled
were necessary or essential to carry out the duties of his office, and
that no county vehicles were available. The county commission shall
examine every claim filed for reimbursement, and if found correct, the
county shall pay to the officer entitled thereto, the amount found due as
mileage.

3. Reimbursement for mileage allowed as a result of duties performed in
connection with a civil action may be paid in the manner prescribed in
subsection 2 of this section regardless of the status of the civil action
for or in which the mileage was incurred.

4. When any sheriff is to be reimbursed by the state for mileage allowed
for delivery of a prisoner to the department of corrections, the county
commission may advance payment to the sheriff for such delivery along
with other mileage allowances, and the reimbursement from the state shall
be paid to the county commission by the sheriff as soon as it is
received. (L. 1945 p. 1569 § 7, A.L. 1951 p. 383, A.L. 1963 p. 114, A.L.
1969 p. 114, A.L. 1971 S.B. 168, A.L. 1974 S.B. 378, A.L. 1981 H.B. 659,
A.L. 1987 S.B. 294, A.L. 1990 H.B. 1525, A.L. 1995 H.B. 274 & 268)

CROSS REFERENCE: Higher mileage allowance to be paid by county, when,
RSMo 50.333

Sheriffs in counties of the second class shall, in addition to
other duties imposed upon them by law, aid and assist the jury
commissioners in such counties by conducting investigations into the
identity of prospective jurors summoned for jury duty, and upon request
of the board of jury commissioners, make and file a report with the board
setting out the results of the investigation. (L. 1969 H.B. 264, A.L.
1972 S.B. 598)

The sheriff and his deputies shall be reimbursed out of the
county treasury, for actual and necessary traveling expenses, incurred in
the performance of their official duties, in addition to the mileage
above provided. All claims for reimbursement shall be in writing and
shall contain the following information, in addition to such other
pertinent information as the county commission may need in order to
approve the payment:

(1) The date and place the expense was incurred;

(2) If the account is for more than one day, it shall be itemized to show
the amount of each day's expense and the purpose for which each day's
expense was incurred;

(3) The transportation charge, sleeping car fare, lodging and meals shall
each be shown as separate items and the amount for each stated;

(4) If any item of expense exceeds one dollar, it shall be supported by a
subvoucher or receipt, showing date and place, signed by the person to
whom payment was made, and such subvoucher or receipt shall show in
detail the information required by this section;

(5) No voucher or claim for partial payment or reimbursement on account
of traveling expenses shall be submitted but every voucher or claim must
contain all and every expense incurred within the time it purports to
cover;

(6) Every item of expense must be just and reasonable;

(7) The oath or affirmation by which a claim for reimbursement is made,
shall be in the following form:

I, ................., do solemnly swear, or affirm that the above claim
is correct and just; that no part of the same has been paid; that the
expense was necessary to the performance of the duties of the office of
the sheriff; that payment was made out of my personal funds and that I
have not been reimbursed therefor; and that I have not received and will
not receive from any source whatever any payment of any part hereof,
except as provided by law. Whenever a claim for reimbursement is made by
a deputy, it shall also be approved in writing by the sheriff. (L. 1945
p. 1569 § 8)

The sheriff in all counties of the second class shall charge,
collect and receive, on behalf of the county, every fee, penalty, charge,
commission and other money that accrues to him or his office for official
services rendered in civil and criminal matters, by virtue of any statute
of this state, and all the fees, penalties, charges, commissions, and
other money collected by him, shall at the end of each month be paid by
him to the county treasurer, as provided in section 50.360, RSMo. He is
not entitled to collect the per diem allowed to the sheriff as a member
of the board of equalization and board of appeals, as provided in section
138.020, RSMo. (RSMo 1939 §§ 13483, 13484, A.L. 1945 p. 1569 §§ 3, 4,
A.L. 1959 S.B. 68, A.L. 1972 S.B. 598)

Prior revisions: 1929 §§ 11851, 11852; 1919 §§ 11059, 11060

Sheriffs in third and fourth class counties shall, in addition to
other duties imposed upon them by law, aid and assist the jury
commissioners in such counties by conducting all investigations into the
identity of all prospective jurors summoned for jury duty by the jury
commissioners, and upon request of the board of jury commissioners, make
and file a report with the board setting out the results of the
investigation. (L. 1967 p. 135 § 1, § 2 subsec. 3, A.L. 1969 S.B. 262,
A.L. 1987 S.B. 65, et al.)

Effective 1-1-88

1. In addition to all compensation now provided by law, the
sheriff in each county of the third class shall receive the sum of one
thousand dollars per year, payable in twelve equal monthly installments
out of the county treasury, for the performance of the duties required by
sections 43.500 to 43.530, RSMo.

2. In addition to all compensation now provided by law, the sheriff in
each county of the fourth class shall receive the sum of five hundred
dollars per year payable in twelve equal monthly installments out of the
county treasury, for the performance of the duties required by sections
43.500 to 43.530, RSMo. (L. 1959 H.B. 296 § 1, A.L. 1986 H.B. 873 & 874)

1. The sheriff in counties of the third class shall on January
first of each year and every three months thereafter file with the
circuit court of the county a report on the conditions of the county
jail, the number of prisoners confined in the jail, together with
recommendations relating to its operation.

2. In counties of the third and fourth class, the sheriff shall pay all
fees collected by him in civil matters, and which were previously
retainable by him, into the county treasury, except charges for each mile
traveled, allowable to him, which he may retain, in serving civil
process. (L. 1969 S.B. 165 §§ 1, 2, A.L. 1978 S.B. 752, A.L. 1987 S.B.
65, et al.)

Effective 1-1-88

Sheriffs in all counties, except counties having a charter form
of government, or in any city not within a county, shall establish and
make available an identification system for the identification of
personal property. Anyone, upon application to a sheriff, shall be
assigned an identification number to be composed of at least ten
characters which will readily permit law enforcement officials of this
state, in cooperation with officials in other states using interstate
computerized law enforcement communication systems and other methods, to
recover stolen property. The identification number should follow
substantially the following form: MO 026 0001 D-------- MO0260001D

First letter of last name of applicant

Applicant's assigned number

County National Crime Information Center

assigned number Prefix for Missouri

New owners of any marked property should be encouraged by the sheriff to
mark their identification number below the previous owner's mark for
uniformity and ease of identification. The sheriff of any city not within
a county shall identify each application for a weapon permit as provided
in section 564.630*, RSMo, with the applicant's identification number of
the police department in said city. (L. 1978 S.B. 752, A.L. 1987 S.B. 65,
et al.)

Effective 1-1-88

*Transferred 1978; now 571.125

In third and fourth class counties the sheriff shall charge and
collect for and on behalf of the county every fee accruing to his office
which arises out of his duties in connection with the investigation,
arrest, prosecution, care, commitment and transportation of persons
accused of or convicted of a criminal offense, except such criminal fees
as are chargeable to the county. (L. 1945 pp. 1547, 1562 § 3, A. 1949
H.B. 2015, A.L. 1969 S.B. 262)

1. In addition to the salary provided in sections 57.390* and
57.400*, the county commission shall allow the sheriffs and their
deputies, payable at the end of each month out of the county treasury,
actual and necessary expenses for each mile traveled in serving warrants
or any other criminal process at the rate prescribed in this subsection,
and actual expenses for each mile traveled, at the rate prescribed in
this subsection, in the performance of their official duties in
connection with the investigation of persons accused of or convicted of a
criminal offense. When mileage is allowed, it shall be computed from the
place where court is usually held, and when court is usually held at one
or more places, such mileage shall be computed from the place from which
the sheriff or deputy sheriff travels in performing any service. When two
or more persons who are summoned, subpoenaed, or served with any process,
writ, or notice, in the same action, live in the same general direction,
mileage shall be allowed only for summoning, subpoenaing or serving of
the most remote. The rate for mileage reimbursement pursuant to this
section shall be equal to the rate prescribed by the Internal Revenue
Service for allowable expenses for motor vehicle use expressed as an
amount per mile.

2. At the end of each month, the sheriff and each deputy shall file with
the county commission an accurate and itemized statement, in writing,
showing in detail the miles traveled by such officer, the date of each
trip, the nature of the business engaged in during each trip, and the
places to and from which he has traveled. Such statement shall be signed
by the officer making claim for reimbursement, verified by his affidavit,
and filed by him with the county commission. Whenever claim for
reimbursement is made by a deputy, his statement shall also be approved
in writing by the sheriff. The county commission shall examine every
claim filed for reimbursement, and if found correct, the county shall pay
to the officer entitled thereto, the amount found due as mileage. (L.
1945 p. 1547 § 5, L. 1945 p. 1562 § 5, A. 1949 H.B. 2015, A.L. 1951 p.
382, A.L. 1961 p. 299, A.L. 1965 p. 169, A.L. 1974 S.B. 378, A.L. 1979
S.B. 316, A.L. 1982 H.B. 907 & 1497, A.L. 1984 S.B. 419, A.L. 1991 S.B.
250, A.L. 1995 H.B. 274 & 268)

*Sections 57.390 and 57.400 were repealed by S.B. 65, et al., 1987.

CROSS REFERENCE: Higher mileage allowance to be paid by county, when,
RSMo 50.333

Claims for reimbursement for travel shall be submitted to the
county commission monthly and paid at the end of the month by warrant
drawn on the county treasury by the county commission. (L. 1945 p. 1547 §
7, L. 1945 p. 1562 § 7, A. 1949 H.B. 2015, A.L. 1957 p. 322, A.L. 1959
S.B. 68)

In all counties of the second, third and fourth classes, the
county commission may provide living quarters for the sheriff, in
addition to the compensation authorized by law. (L. 1955 p. 352)

All general laws relating and applicable to the sheriffs of the
several counties of this state shall apply to the same officer in the
city of St. Louis, except that the sheriff of the city of St. Louis shall
not enforce the general criminal laws of the state of Missouri unless
such enforcement shall be incidental to the duties customarily performed
by the sheriff of the city of St. Louis. All acts and parts of acts
providing for any legal process to be directed to any sheriff of any
county shall be so construed as to mean the sheriff of the city of St.
Louis as if such officer were specifically named in such act. (RSMo 1939
§ 15671, A. 1949 H.B. 2015, A.L. 1990 H.B. 1716 merged with S.B. 781)

Prior revision: 1929 § 14723

The provisions of section 590.180, RSMo, shall not apply to any
elected or appointed sheriff of a* city not within a county. (L. 1989
S.B. 196 § 57.447)

Effective 5-25-89

*Word "a" does not appear in original rolls.

The official bond of said sheriff shall be in such sum as is
prescribed by law, and shall be approved by the presiding judge of the
St. Louis circuit court. (RSMo 1939 § 15666, A.L. 1978 H.B. 1634)

Prior revision: 1929 § 14718

Effective 1-2-79

All process of the circuit court in said city of St. Louis,
except the municipal divisions thereof, shall be directed to and executed
by the sheriff of said city. (RSMo 1939 § 15667, A. 1949 H.B. 2015, A.L.
1976 S.B. 658, A.L. 1978 H.B. 1634)

Prior revision: 1929 § 14719

Effective 1-2-79

Whenever the appointment of deputies and assistants is required
by law to be approved by the circuit or associate circuit judges of the
city of St. Louis, and an investigation or examination of the applicants
is caused to be made by such judges, the sheriff of the city of St. Louis
shall conduct the examination or investigation. (L. 1957 p. 330 § 1, A.L.
1978 H.B. 1634)

Effective 1-2-79

All fees earned by the sheriff of the city of St. Louis, during
any calendar month, shall be paid into the treasury of the city of St.
Louis on or before the tenth day of the next succeeding calendar month.
He shall keep a complete itemized account of all such fees, and of all
expenses incurred by him in the discharge of the duties of his office. He
shall file with the comptroller of said city on the last day of March,
June, September and December of each year, or as soon thereafter as
possible, in such form as the comptroller may direct, itemized statements
of all said fees, commissions and emoluments collected by him, and also
an itemized statement of all taxed and unpaid fees due and payable to the
sheriff at the close of each of the above mentioned quarterly periods,
together with an itemized statement of all expenses incurred by him. All
of his books of record and of accounts shall be open to inspection by the
comptroller at all reasonable times, and they shall be examined and
audited by the comptroller at least once a month. (RSMo 1939 § 15672)

Prior revision: 1929 § 14724

The city of St. Louis may sue for and recover any and all sums of
money payable into the treasury thereof by the sheriff of the city of St.
Louis, for the payment of which said sums, the said sheriff and the
sureties on his official bond shall also be liable. (RSMo 1939 § 15678)

Prior revision: 1929 § 14730

The city of St. Louis, through its comptroller, shall provide
suitable offices and furnishings for the sheriff of the city of St.
Louis, and through its supply commissioner shall purchase all necessary
supplies for said sheriff. All such supplies shall be furnished upon
requisition of the sheriff of the city of St. Louis, which shall be
approved by the comptroller. (RSMo 1939 § 15676)

Prior revision: 1929 § 14728

All the necessary expenses incurred by the sheriff of the city of
St. Louis in the conduct of the duties of his office, shall, upon his
requisition, approved by the comptroller, be paid out of the treasury of
the city of St. Louis. (RSMo 1939 § 15677)

Prior revision: 1929 § 14729

The sheriff of the city of St. Louis shall, with the approval of
a majority of the circuit judges of the circuit court of said city,
appoint as many deputies and assistants as may be necessary to perform
the duties of his office, and fix the compensation for their services,
which compensation, however, shall not in any case exceed the annual rate
of compensation fixed by the board of aldermen of the city of St. Louis
therefor. (RSMo 1939 § 15673, A.L. 1978 H.B. 1634)

Prior revision: 1929 § 14725

Effective 1-2-79

The sheriff of the city of St. Louis may employ an attorney at
law to aid and advise him in the discharge of his duties and to represent
him in court, which said attorney shall be known as "sheriff's attorney",
and who shall receive as compensation for his services as such sheriff's
attorney a sum of not less than three thousand dollars and not more than
fifteen thousand dollars per annum, payable in semimonthly installments
out of the same funds and revenue as the sheriff of such city is paid.
(RSMo 1939 § 15674, A.L. 1990 H.B. 1716)

Prior revision: 1929 § 14718

Beginning January 1, 1998, the sheriff of the city of St. Louis
shall receive for his or her services the sum of sixty-six thousand
dollars per annum, and beginning January 1, 1999, the sheriff of the city
of St. Louis shall receive for the sheriff's services the sum of
seventy-two thousand six hundred dollars per annum. Beginning January 1,
2000, the compensation of the sheriff of the city of St. Louis may be
annually increased by an amount equal to the annual salary adjustment for
employees of the city of St. Louis as approved by the board of aldermen
of such city. Said sum and the compensation of his or her deputies and
assistants shall be paid out of the treasury of the city of St. Louis in
equal semimonthly installments. For additional duties hereunder imposed,
the sheriff shall mail all petit jury summons. (RSMo 1939 § 15675, A.L.
1963 p. 114, A.L. 1972 S.B. 569, A.L. 1987 S.B. 65, et al., A.L. 1997
S.B. 11, A.L. 1999 H.B. 748)

The sheriff in all counties of class one now or hereafter having
more than five hundred thousand inhabitants and not having a charter form
of government, with the approval of the county commission, may create a
force consisting of a superintendent and other officers, sergeants,
patrolmen and radio personnel to be known as the county highway patrol.
The sheriff shall prescribe rules for instruction and discipline, make
all administrative rules and regulations and fix the hours of duty for
members of the patrol. (L. 1955 p. 372 § 1)

The county highway patrol shall police the highways constructed
and maintained by the county and enforce all laws designed to protect and
safeguard such highways. The patrol shall protect employees of the county
when engaged in maintenance and construction work and shall notify the
county highway department of any dangerous condition existing on county
highways. (L. 1955 p. 372 § 2)

The county commission shall provide suitable offices for the
sheriff to use for highway patrol purposes which shall be open at all
times and be in charge of the sheriff. The sheriff, with the approval of
the county commission, shall employ the clerical force, radio operators,
and other subordinates, and shall provide the office equipment,
stationery, postage, supplies, telegraph and telephone facilities as he
shall deem necessary. The county highway patrol radio network shall be
under the control of and at the service of the sheriff for the regular
and emergency bulletins and service the sheriff may require from time to
time and shall cooperate with other law enforcement agencies. (L. 1955 p.
372 § 3)

All salaries and expenses of members of the patrol and all
expenditures for vehicles, equipment, arms, ammunition, supplies and
salaries of subordinates and clerical force and all other expenditures
for the operation and maintenance of the patrol in the protection of
roads and bridges maintained and constructed from the county road and
bridge funds, in the regulation of traffic on highways maintained and
constructed by the county shall be paid monthly by the county treasurer
out of county road and bridge funds at the end of each month by warrant
drawn by the county commission upon the county treasury. (L. 1955 p. 372
§ 4)

As used in sections 57.949 to 57.997, unless the context clearly
indicates that a different meaning is intended, the following words and
terms shall mean:

(1) "Annuity", annual payments, made in equal monthly installments, to a
retired member from funds provided for, in, or authorized by, the
provisions of sections 57.949 to 57.997;

(2) "Average final compensation", the average of a member's compensation
for his three highest paid years;

(3) "Board of directors" or "board", the board of directors established
by the provisions of sections 57.949 to 57.997;

(4) "Compensation", all salary and other compensation payable by a county
to an employee for personal services rendered as an employee, but not
including travel and mileage reimbursement, uniform allowance, or housing
allowance;

(5) "County", each county in the state, except the city of St. Louis and
those counties of the first class having a charter form of government;

(6) "Creditable service", the sum of both membership service and
creditable prior service;

(7) "Effective date of the establishment of the system", the date the
governor declares the system established pursuant to section 57.958;

(8) "Employee", an elective or appointive county sheriff who is employed
by a county;

(9) "Member", any active sheriff of the system, any former sheriff
receiving retirement benefits from the system, any former sheriff that is
vested in the system but is not receiving benefits, any sheriff on
disability leave, and for the purposes of section 57.968 only, any
surviving spouse who receives a benefit from the system;

(10) "Membership service", service as a sheriff of a county after
becoming a member that is creditable in determining the amount of the
member's benefits under this system;

(11) "Prior service", service of a member rendered prior to the effective
date of the establishment of the system which is creditable under section
57.973;

(12) "Retirement system" or "system", the sheriffs' retirement system
authorized by the provisions of sections 57.949 to 57.997. (L. 1983 H.B.
81 § 57.900, A.L. 1986 S.B. 584, A.L. 1997 S.B. 255)

There is hereby authorized a "Sheriffs' Retirement Fund" which
shall be under the management of a board of directors 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. Neither the general assembly nor the governing body of a
county shall appropriate funds for deposit in the sheriffs' retirement
fund. If insufficient funds are generated to provide the benefits payable
pursuant to the provisions of sections 57.949 to 57.997, the board shall
proportion the benefits according to the funds available. (L. 1983 H.B.
81 § 57.905)

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 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 sections 488.010 to 488.020*, RSMo.
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. (L. 1983 H.B. 81 §
57.960, A.L. 1984 S.B. 704, A.L. 1996 S.B. 869)

Effective 7-1-97

*Original rolls contain "section 514.015" which was changed to effectuate
the court cost bill.

1. The general administration and the responsibility for the
proper operation of the fund and the investment of the fund are vested in
a board of directors of five persons. Directors shall be elected by a
secret ballot vote of the sheriffs of counties. Directors shall be chosen
for terms of four years from the first day of January next following
their election, except that the members of the first board shall be
appointed by the governor by and with the consent of the senate after
notification in writing, respectively, by the sheriffs of eighty percent
of the counties in the state, excluding the city of St. Louis and those
counties of the first class having a charter form of government, that the
sheriff has elected to come under the provisions of sections 57.949 to
57.997. Upon completion of the appointment of the board, the governor
shall declare the system established. It shall be the responsibility of
the initial board to establish procedures for the conduct of future
elections of trustees and such procedures must be approved by a majority
vote by secret ballot of the sheriffs of all the counties. The board
shall have all powers and duties that are necessary and proper to enable
it, its officers, employees and agents to fully and effectively carry out
all the purposes of sections 57.949 to 57.997.

2. The board of directors shall elect one of their number as chairman and
one of their number as vice chairman and may employ an administrator who
shall serve as secretary to the board. The board shall hold regular
meetings at least once each quarter. Other meetings may be called as
necessary by the chairman. Notice of such meetings shall be given in
accordance with chapter 610, RSMo.

3. The board of directors shall retain an actuary as technical advisor to
the board of directors.

4. The board of directors shall retain investment counsel to be an
investment advisor to the board.

5. The board of directors shall arrange for annual audits by a certified
public accountant.

6. The board of directors shall serve without compensation for their
services as such; except that each director shall be paid for any
necessary expenses incurred in the performance of duties authorized by
the board.

7. The board of directors shall be allowed administrative costs for the
operation of the system.

8. The board shall keep a record of its proceedings which shall be open
to public inspection. It shall annually prepare a report showing the
financial condition of the system. The report shall contain, but not be
limited to, an auditor's opinion, financial statements prepared in
accordance with generally accepted accounting principles, an actuary's
certification along with actuarial assumptions and financial solvency
tests.

9. Other provisions of law to the contrary notwithstanding, after the
expiration of the terms of the board of trustees or directors holding
office on July 11, 1991, the words "trustees" and "directors" meaning
directors, as defined in section 57.949, the directors elected as
successors to those directors holding office on July 11, 1991, shall be
elected to staggered terms of four years each in the following manner:
two directors shall be elected for a two-year term with their successors
being elected to four-year terms and three directors shall be elected for
a four-year term. The procedures for such elections and the designation
of which terms will initially be two-year terms and which will be
four-year terms shall be established solely by the board of directors of
the sheriffs' retirement system. Directors shall be elected by a secret
ballot vote of the active sheriffs and members of the sheriffs'
retirement system. Beginning with the election of directors under the
provisions of this subsection, at least one but not more than two of the
directors shall be a retired member of the sheriffs' retirement system,
except that any vacancies occurring on the board after all members have
been duly elected shall be filled by the board and such appointed member
shall serve until the next regularly scheduled election for such filled
position.

10. Notwithstanding any provision of law to the contrary, any board
member who was elected to the board as an active member representative
and becomes a retired member of the system after such election shall,
with the approval of the board, continue to serve on the board as an
active member representative until the next regularly scheduled election
for that position. (L. 1983 H.B. 81 § 57.910, A.L. 1986 S.B. 584, A.L.
1991 S.B. 298, A.L. 1994 H.B. 1197)

1. On and after the effective date of the establishment of the
system, as an incident to his 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
receive benefits under the provisions of sections 57.949 to 57.997.

2. 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 becoming a member he
shall receive credit for all prior service as if he had become a member
on December 22, 1983. (L. 1983 H.B. 81 § 57.915, A.L. 1986 S.B. 584)

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. (L. 2002 S.B. 1001)

1. Any member who has attained the age of fifty-five years and
who has twelve years or more of creditable service as sheriff of a county
may retire with a normal annuity.

2. Any member who has attained the age of sixty-two years and who has at
least eight years of creditable service as sheriff of a county may retire
with a normal annuity. (L. 1983 H.B. 81 § 57.920)

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.

2. The board, at its last meeting of each calendar year, shall determine
the monthly amount for medical 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 section 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 57.979 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 member'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. (L. 1983 H.B. 81 § 57.925, A.L. 1986 S.B.
584, A.L. 1989 H.B. 674, A.L. 1991 S.B. 298, A.L. 1997 S.B. 255, A.L.
1999 H.B. 662 merged with S.B. 213)

1. Each member who retires on or after August 13, 1986, shall
receive each year an increase in the amount of benefits received by the
member during the preceding year equal to the increase in the consumer
price index calculated in the manner provided in this section. The annual
increase in the amount of benefits received pursuant to the provisions of
this subsection shall not exceed five percent.

2. For the purposes of this section, any increase in the consumer price
index shall be determined by the board in February of each year, based
upon the consumer price index for the preceding calendar year over the
consumer price index for the calendar year immediately prior thereto. Any
increase so determined shall be applied by the board in calculating any
benefit increases that become payable pursuant to this section for the
twelve-month period beginning with the March first immediately following
such determination.

3. An annual increase shall be payable monthly beginning on a date
specified by the board. Nothing in this section shall be construed to
prohibit a member from waiving the member's right to receive the annual
increase provided pursuant to this section. The waiver shall be final as
to the annual increase waived. (L. 1986 S.B. 584, A.L. 1999 H.B. 662
merged with S.B. 213)

For the purpose of calculating benefits of a member, years of
service as an employee and twelfths of a year are to be used. (L. 1983
H.B. 81 § 57.930)

1. Any county sheriff who becomes a member of the system on the
effective date of the establishment of the system shall be given credit
for prior service as sheriff of a county.

2. Any county sheriff holding office on January 1, 1990, who served as
sheriff of any county prior to the effective date of the establishment of
the system, but who was not serving as sheriff of any county on the
effective date of the establishment of the system, shall, upon
application, be given credit for prior service as sheriff of a county.

3. Any member who is serving as a county sheriff on August 28, 1989, and
who has served with the Missouri state highway patrol and who has not
received creditable service for the purpose of retirement for such
service shall receive credit in the sheriff's retirement system for such
service.

4. All such prior service must be established to the satisfaction of the
board. (L. 1983 H.B. 81 § 57.935, A.L. 1987 S.B. 180, A.L. 1989 H.B. 674)

Any member may retire at any time after the end of the month
during which the member becomes eligible to retire under the provisions
of section 57.964 and upon the member's submission of a written
application to the board setting forth at what time, not less than thirty
days nor more than ninety days subsequent to the execution and filing of
the application, the member desires to be retired. The payment of the
annuity, subject to the provisions of section 57.994, shall begin as of
the first day of the calendar month coincident with or next following the
date specified by the member. (L. 1983 H.B. 81 § 57.940)

1. The normal annuity of a member shall be paid to a member
during his lifetime. Upon his death no further payments will be made.

2. In lieu of the normal annuity otherwise payable to a member, the
member may elect in the member's application for retirement to receive
his choice of the following options:

Option 1. The actuarial equivalent of the member's normal annuity in
reduced monthly payments for life during retirement with the provision
that upon the member's death, fifty percent of the reduced normal annuity
shall be continued throughout the life of and paid to the member's
spouse; or

Option 2. Some other option approved by the board which shall be the
actuarial equivalent of the annuity to which the member is entitled under
this system.

3. The election may be made only in the application for retirement and
such application must be filed prior to the date on which the retirement
of the member is to be effective unless otherwise provided. If, after the
reduced normal annuity begins under option 1, the spouse predeceases the
retired member, the reduced normal annuity continues to the retired
member during the member's lifetime; but, when a member dies any time
after December 21, 1983, who is eligible for retirement prior to retiring
and receiving retirement benefits, the surviving spouse of such member of
the retirement system coming under the provisions of sections 57.949 to
57.997 shall, upon application, be appointed and employed as a special
consultant by the retirement system for the remainder of the spouse's
life, and upon request shall give oral or written opinions on the
benefits of the retirement system, and shall be entitled to receive
benefits under option 1, and shall be eligible for all other benefits
that other spouses are entitled to receive. (L. 1983 H.B. 81 § 57.945,
A.L. 1986 S.B. 561)

1. A death benefit of ten thousand dollars shall be paid to the
designated beneficiary of every active member upon his death or to his
estate if there is no designated beneficiary, or in lieu thereof, a
benefit of twenty thousand dollars shall be so paid if the member is
killed in the performance of his duty.

2. If a member dies during the performance of his duty, in addition to
the death benefit specified in subsection 1 of this section, his
surviving spouse shall be entitled to survivorship benefits of fifty
percent of the accrued benefit, payable for a period of five years.

3. If a member dies other than during the performance of his duty and
before retirement, after becoming eligible for retirement, his surviving
spouse, if she has been married to the member for at least two years
prior to his death, shall be entitled to survivorship benefits under
option one as set forth in section 57.979 as if the member had retired on
the date of his death. (L. 1986 S.B. 584)

1. Any active member of the system who is terminated from active
employment as a result of an injury or illness received in the
performance of the member's duty, as determined by the board, or any
active member who is terminated because of an injury or illness not
received in the performance of his duty and the member has five or more
years of creditable service, may be placed on disability leave and shall
be entitled to receive a monthly disability leave benefit equal to eighty
percent of the member's monthly average final compensation decreased by
the member's primary federal Social Security benefit.

2. A member shall be deemed eligible for disability benefits only when it
is determined by the board that the member is entitled to disability
benefits under the Federal Social Security Act.

3. A member on disability leave who has not accrued at least eight years
of creditable service shall accrue membership service for the period from
the effective date of disability leave, as approved by the board, until
the member has accrued eight years of creditable service.

4. The maximum benefit period for disability leave payments shall be from
the date disability payments begin until age sixty-five or when the
member accrues eight years of creditable service whichever later occurs.
A member cannot receive disability leave benefits and retirement benefits
concurrently.

5. Monthly disability leave benefits described herein shall not be paid
to any member who is no longer receiving disability payments from Social
Security. At that time, the member's disability leave shall be terminated
and the member shall be eligible for any benefits that the member is
entitled to by reason of his age and creditable service or in the case of
his returning to work he may be reinstated as an active member under
rules and procedures adopted by the board.

6. Members receiving disability leave benefits shall be eligible for
medical insurance benefits under subsection 2 of section 57.967 but shall
not be eligible for the increase in benefits provided by section 57.968.

7. A member who retires while on disability leave shall be considered a
normal retiree and section 57.979 shall be applicable.

8. If a vested member who is receiving disability leave benefits dies
before retirement, he shall be considered to have retired on the date of
death and the member's spouse, if married to the member for two years or
more immediately prior to the member's death, shall be entitled to the
survivor benefit under option 1 of section 57.979.

9. Other rules and procedures necessary for the operation and
administration of disability benefits shall be established by the board
in accordance with chapter 536, RSMo. (L. 1983 H.B. 81 § 57.950, A.L.
1986 S.B. 584, A.L. 1997 S.B. 255)

1. Upon termination of employment, any member with eight or more
years of creditable service shall be entitled to a deferred normal
annuity, payable at age fifty-five with twelve or more years of
creditable service, and payable at age sixty-two with less than twelve
years of creditable service. Any member with less than eight years of
creditable service shall forfeit all rights in the fund, including the
member's accrued creditable service as of the date of the member's
termination of employment.

2. A former member who has forfeited creditable service may have the
creditable service restored by again becoming an employee and completing
four years of continuous membership service.

3. Absences for sickness or injury of less than twelve months shall be
counted as membership service.

4. No person shall be eligible to receive any benefits under the
provisions of sections 57.949 to 57.997 except section 57.980 while
serving as sheriff in the state of Missouri.

5. Any present or future members of the retirement system upon their
application for membership for benefits under the current law who retired
prior to August 13, 1986, are hereby appointed and employed as special
consultants by the retirement system for the remainder of the member's
life, and shall be available to give opinions, written or orally, as the
board from time to time might request, and for such services shall be
eligible for all the benefits that the present or future retirees are
entitled to receive. (L. 1983 H.B. 81 § 57.955, A.L. 1986 S.B. 584)

1. Any annuity, benefits, funds, property, or rights created by,
or accruing to, any person under the provisions of sections 57.949 to
57.997, are hereby made and declared exempt from any tax of the state of
Missouri or any political subdivision or taxing body thereof, and shall
not be subject to execution, garnishment, attachment, writ of
sequestration, or any other process or claim whatsoever, and shall be
unassignable.

2. No alteration, amendment, or repeal of the provisions of sections
57.949 to 57.997 shall affect the then existing rights of members and
beneficiaries, but shall be effective only as to rights which would
otherwise accrue hereunder as a result of services rendered by an
employee after such alteration, amendment, or repeal. (L. 1983 H.B. 81 §
57.965)

The benefits provided for by sections 57.949 to 57.997 shall in
no way affect any person's eligibility for retirement benefits under the
local government employees' retirement system, sections 70.600 to 70.755,
RSMo, or any other local government retirement or pension system, or in
any way have the effect of reducing retirement benefits in such systems,
or reducing compensation or mileage reimbursement of employees, anything
to the contrary notwithstanding. (L. 1983 H.B. 81 § 57.970)

Annuity payments to retired employees under the provisions of
sections 57.949 to 57.997 shall be available beginning January first next
succeeding the expiration of two calendar years from the effective date
of the establishment of the system to eligible retired employees, and
employees with at least eight years of creditable service shall have
vested rights and upon reaching the required age shall be entitled to
retirement benefits. (L. 1983 H.B. 81 § 57.975)

1. Any person sixty-five years of age or older who was employed
as a county sheriff prior to September 28, 1983, and who is not a member
of the system, upon application to the board, presentation of proof of
service as a county sheriff satisfactory to the board, and payment into
the sheriffs' retirement fund of the amount hereafter provided in this
section shall be appointed and employed by the board as a special advisor
on law enforcement for life whose duties shall be to give opinions,
orally or in writing, on law enforcement and related matters to the
board, the county sheriff's office where the person last served as county
sheriff, or to any department of state government with duties relating to
law enforcement upon the request of such board, county sheriff's office
or department of state government. The person shall pay into the
sheriffs' retirement fund an amount actuarially determined to be
sufficient to fund an annual annuity for himself for life of one thousand
two hundred dollars or a lesser amount if he so desires. As compensation
for serving as a special advisor on law enforcement he shall receive one
hundred dollars per month or less, depending on the amount paid into the
sheriffs' retirement fund, to be paid out of the sheriffs' retirement
fund in the same manner and at the same time as retirement benefits are
paid.

2. Should a special advisor die before receiving compensation paid
pursuant to this section totaling an amount equal to the amount paid into
the sheriffs' retirement fund pursuant to subsection 1 of this section,
an amount equal to the difference between the amount paid in and the
total of all compensation amounts paid to him pursuant to this section
prior to his death, with interest, shall be paid out of the sheriffs'
retirement fund to any beneficiary designated by him. If no designation
of beneficiary is made, the amount shall be paid to his estate.

3. No person can be both a member of the system and a special advisor on
law enforcement. (L. 1983 H.B. 81 § 57.980)

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