Effective - 14 Oct 2016, 4 histories
*50.535. County sheriff's revolving fund established — fees deposited into, use of moneys — no prior approval for expenditures required—authorized payment of certain expenses — excess funds, use of. — 1. Notwithstanding the provisions of sections 50.525 to 50.745, the fee collected pursuant to subsections 11 and 12 of section 571.101 shall be deposited by the county treasurer into a separate interest-bearing fund to be known as the "County Sheriff's Revolving Fund" to be expended at the direction of the county or city sheriff or his or her designee as provided in this section.
2. No prior approval of the expenditures from this fund shall be required by the governing body of the county or city not within a county, nor shall any prior audit or encumbrance of the fund be required before any expenditure is made by the sheriff from this fund. This fund shall only be used by law enforcement agencies for the purchase of equipment, to provide training, and to make necessary expenditures to process applications for concealed carry permits or renewals, including but not limited to the purchase of equipment, information and data exchange, training, fingerprinting and background checks, employment of additional personnel, and any expenditure necessitated by an action under section 571.114 or 571.117. Except as provided in subsection 5 of this section, if the moneys collected and deposited into this fund are not totally expended annually, then the unexpended balance may remain in said fund and the balance may be kept in said fund to accumulate from year to year. This fund may be audited by the state auditor's office or the appropriate auditing agency. The funds received under section 571.101 shall be used only to supplement the sheriff's funding received from other county, state, or general funds. The county commission shall not reduce any sheriff's budget as a result of funds received under section 571.101.
3. Notwithstanding any provision of this section to the contrary, the sheriff of every county, regardless of classification, is authorized to pay, from the sheriff's revolving fund, all reasonable and necessary costs and expenses for activities or services occasioned by compliance with sections 571.101 to 571.121. Such was the intent of the general assembly in original enactment of this section and sections 571.101 to 571.121, and it is made express by this section in light of the decision in Brooks v. State of Missouri, (Mo. Sup. Ct. February 26, 2004). The application and renewal fees to be charged pursuant to section 571.101 shall be based on the sheriff's good faith estimate, made during regular budgeting cycles, of the actual costs and expenses to be incurred by reason of compliance with sections 571.101 to 571.121. If the maximum fee permitted by section 571.101 is inadequate to cover the actual reasonable and necessary expenses in a given year, and there are not sufficient accumulated unexpended funds in the revolving fund, a sheriff may present specific and verified evidence of the unreimbursed expenses to the office of administration, which upon certification by the attorney general shall reimburse such sheriff for those expenses from an appropriation made for that purpose.
4. If pursuant to subsection 13 of section 571.101, the sheriff of a county of the first classification designates one or more chiefs of police of any town, city, or municipality within such county to accept and process applications for concealed carry permits, then that sheriff shall reimburse such chiefs of police, out of the moneys deposited into this fund, for any reasonable expenses related to accepting and processing such applications.
5. Any excess funds unnecessary to meet the mandate of subsection 3 of this section may be expended for other purposes or transferred to discretionary funds for county sheriffs; provided that, no claim for inadequate coverage under subsection 3 of this section has been made within the last five years resulting in reimbursement from the office of administration for expenses incurred implementing sections 571.101 to 571.121.
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(L. 2003 H.B. 349, et al., A.L. 2005 H.B. 365, A.L. 2011 H.B. 294, et al., A.L. 2013 S.B. 75, A.L. 2016 S.B. 656)
*Effective 10-14-16, see § 21.250. S.B. 656 was vetoed June 27, 2016. The veto was overridden on September 14, 2016.
Structure Missouri Revised Statutes
Title VI - County, Township and Political Subdivision Government
Chapter 50 - County Finances, Budget and Retirement Systems
Section 50.010 - Fiscal year in counties.
Section 50.020 - Transfer of county funds.
Section 50.030 - Section 50.020 construed.
Section 50.032 - Mediation of disputes necessary for receipt of state funds.
Section 50.040 - County commission may invest school funds, when and how.
Section 50.050 - County treasurer to report.
Section 50.055 - Accounts of county may be audited (counties of the second classification).
Section 50.057 - Audit, when, by whom (certain counties of the first classification).
Section 50.060 - County commission may borrow money — amount (first and second class counties).
Section 50.070 - Tax anticipation notes may be issued in counties of first, third and fourth class.
Section 50.080 - Tax anticipation notes — how made, signed and attested.
Section 50.090 - Estimate of county revenue to be basis for issuing anticipated notes.
Section 50.100 - Note provisions.
Section 50.110 - Board of estimate of anticipated revenue.
Section 50.120 - County treasurer to sell notes — publication — private sale.
Section 50.130 - Registration of notes.
Section 50.150 - County warrants may be pledged — for what purpose — redemption.
Section 50.320 - Penalty for clerk or treasurer violating section 50.160, 50.166 or 50.172.
Section 50.330 - Salaries of county officers and assistants, how paid.
Section 50.350 - Salaried officer to collect fees (second class counties).
Section 50.390 - Officers to settle with county commission.
Section 50.400 - Refusal to settle — commission may estimate amount due.
Section 50.410 - Penalty of defaulting officer.
Section 50.420 - Damages against delinquents.
Section 50.430 - Commission determination final, when — interest — misdemeanor.
Section 50.440 - Penalties may be remitted, when.
Section 50.450 - County clerk to make abstract of settlement — record of.
Section 50.460 - Abstract to be a lien, when — execution.
Section 50.470 - Officers to keep an account of fees collected for others.
Section 50.490 - Treasurer to keep an account of such fees.
Section 50.510 - Books and fees to be turned over to successor.
Section 50.525 - County budget law.
Section 50.527 - Revenue defined.
Section 50.590 - Budget document — contents.
Section 50.600 - Form of budget documents — public hearing.
Section 50.610 - Commission may revise budget — adoption and appropriation order.
Section 50.620 - Appropriations (first and second class counties).
Section 50.650 - Liability of certain officers.
Section 50.660 - Rules governing contracts.
Section 50.745 - State auditor to develop, approve forms (third and fourth class counties).
Section 50.750 - Missouri products to be purchased by officers.
Section 50.753 - Purchasing agent, how appointed, compensation, assistants.
Section 50.755 - Purchasing agent to investigate need for supplies requested by officers.
Section 50.757 - Purchasing agent, duties — bids rejected, when.
Section 50.770 - Supplies defined (second class and certain first class counties).
Section 50.784 - Procurement authority delegation permitted, when — accepting department's duties.
Section 50.820 - Statement, how published — duties of state auditor.
Section 50.1000 - Definitions.
Section 50.1010 - Fund authorized, management — apportionment of benefits.
Section 50.1032 - Board to adopt rules for administration of retirement system.
Section 50.1036 - Errors, false statements, false records, consequences.
Section 50.1050 - Normal annuity, qualifications.
Section 50.1060 - Normal annuity, amount, limitation — board to recommend adjustments to formula.
Section 50.1070 - Increase in benefits, limitation — determination — waiver of increase.
Section 50.1080 - What calculators apply.
Section 50.1110 - Options in lieu of normal annuity, election — survivorship benefit.
Section 50.1120 - Death of beneficiary, reversion of normal annuity.
Section 50.1130 - Death benefit.
Section 50.1150 - Law not to affect certain rights — discrimination prohibited.
Section 50.1160 - Effect upon eligibility for other retirement systems.
Section 50.1170 - Applicability.
Section 50.1180 - Law not to apply to certain political subdivisions.
Section 50.1190 - Recorder of deeds, extra fees, deposit.
Section 50.1200 - Ex officio collector, fees, deposit.
Section 50.1220 - NonLAGERS member contribution, amount.
Section 50.1240 - Bookkeeping account established.
Section 50.1260 - Direct rollover permitted, when.
Section 50.1300 - Deferred compensation plan authorized — consolidation permitted, when.