» Circuit No. 38, numberofjudges--number of divisions--election dates. g 478.740.1.There shall be two circuit judges in the thirty-eighth judicial circuit. These judges shall sit in divisions numbered one and two. 2. The circuit judge in division two shall be elected in 2016, and such judicial position shall not be considered vacant or filled until January 1, 2017. The judge in division one shall be elected in 2018. (L. 2014 H.B. 1231 merged with S.B. 621) Effective 7-08-14 SECOND REGULAR SESSION [TRULY AGREED TO AND FINALLY PASSED] SENATE COMMITTEE SUBSTITUTE FOR SENATE BILL NO. 585 98TH GENERAL ASSEMBLY 2016 4895S.03T 0 1 ' j . AN ACT- k To repeal sections 211.393, 478.170, and 478.191, RSMo, and to enact in lieu thereof six new sections relating to the division of multicounty judicial circuits, with an emergency clause. Be it enacted by the General Assembly of the State of Missouri, as follows: Section A. Sections 211.393, 478.170, and 478.191, RSMo, are repealed 2 and six new sections enacted in lieu thereof, to be known as sections 211.393, 3 478.011,478.170,478.188,478.191, and 478.577, to read as follows: 211.393. 1. For purposes of this section, the following words and phrases 2 mean: 3 (1) "County retirement plan", any public employees' defined benefit 4 retirement plan established by law that provides retirement benefits to county or 5 city employees, but not to include the county employees' retirement system as 6 provided in sections 50.1000 to 50.1200; 7 (2) "Juvenile court employee", any person who is employed by a juvenile 8 court in a position normally requiring one thousand hours or more of service per 9 year; 10 (3) "Juvenile officer", any juvenile officer appointed pursuant to section 11 211.351: 12 (4) 'Multicounty circuit", all other judicial circuits not included in the 13 definition of a single county circuit; 14 (5) "Single county circuit", a judicial circuit composed of a single county 15 of the first classification, including the circuit for the city of St. Louis; 16 (6) "State retirement plan", the public employees' retirement plan 17 administered by the Missouri state employees' retirement system pursuant to 18 chapter 104. 19 2. Juvenile court employees employed in a single county circuit shall be 1 SCS SB 585 2 20 subject to the following provisions: 21 (1) The juvenile officer employed in such circuits on and prior to July 1, 22 1999, shall: 23 (a) Be state employees on that portion of their salary received from the 24 state pursuant to section 211.381, and in addition be county employees on that 25 portion of their salary provided by the county at a rate determined pursuant to 26 section 50.640; 27 (b) Receive state-providedbenefits, includingretirementbenefits from the 28 state retirement plan, on that portion of their salary paid by the state and may 29 participate as members in a county retirement plan on that portion of their salary - 30 provided by the county except any juv8nile officer whose service as a juvenile ' -4.49 31 court officer is being credited based on all salary received from any source in a 32 county retirement plan on June 30, 1999, shall not be eligible to receive 33 state-provided benefits, including retirement benefits, or any creditable prior 34 service as described in this section but shall continue to participate in such 35 county retirement plan; 36 09 Receive creditable prior service in the state retirement plan for service 37 rendered as a juvenile court employee prior to July 1, 1999, to the extent they 38 have not already received credit for-such service in a county retirement plan on + 2./ 1 39 salary paid to them for such serfice, if such service was rendered in a single 40 county circuit or a multicounty circuit; except that if the juvenile officer forfeited 41 such credit in such county retirement plan prior to being eligible to receive 42 creditable prior service under this paragraph, they may receive service under this 43 paragraph; 44 (d) Receive creditable prior service pursuant to paragraph (c) of this 45 subdivision even though they already have received credit for such creditable 46 service in a county retirement planif they. elect to forfeit their creditable service 47 from such plan in which case such plan shall tiansfer to the state retirement plan 48 an amount equal to the actuarial accrued liability for the forfeited creditable 49 service, determined as if the person were going to continue to be an active 50 member of the county retirement plan, less the amount of any refunds of member 51 contributions; 52 (e) Receive creditable prior service for service rendered as a juvenile court 53 employee in a multicounty circuit in a position that was financed in whole or in 54 part by a public or private grant, pursuant to the provisions of paragraph (e) of 55 subdivision (1) of subsection 3 of this section; 56 (2) Juvenile officers who begin employment for the first time as a juvenile 57 officer in a single county circuit on or after July 1, 1999, shall: SCS SB 585 3 58 (a) Be county employees and receive salary from the county at a rate 59 determined pursuant to section 50.640 subject to reimbursement by the state as 60 provided in section 211.381; and 61 (b) Participate as members in the applicable county retirement plan 62 subject to reimbursement by the state for the retirement contribution due on that 63 portion of salary reimbursed by the state; 64 (3) All other juvenile court employees who are employed in a single county 65 circuit on or after July 1, 1999: 66 (a) Shall be county employees and receive a salary from the county at a 67 rate determined pursuant to section 50.640; and 4 : 68 (b) Shall, in accordance with their status as county employees, receive 69 other county-provided benefits including retirement benefits from the applicable 70 county retirement plan if such employees otherwise meet the eligibility 71 requirements for such benefits; 72 0) (a) The state shallreimburse each county comprised ofa single county 73 circuit for an amount equal to the greater of: 74 a. Twenty-five percent of such circuit's total juvenile court personnel 75 budget, excluding the salary for a juvenile officer, for calendar year 1997, and 76 excluding all costs of retirement,.· health and other fringe benefits; or 77 b. The sum of the salariesof dne chief deputy juvenile officer and one 78 deputy juvenile officer class I, as provided in section 211.381; 79 (b) The state may reimburse a single county circuit up to fifty percent of 80 such circuit's total calendar year 1997 juvenile court personnel budget, subject to 81 appropriations. The state may reimburse, subject to appropriations, the following 82 percentages of such circuits' total juvenile court personnel budget, expended for 83 calendar year 1997, excluding the salary for a juvenile officer, and excluding all 84 costs of retirement, health and other fringe benefits: thirty percent beginning 85 July 1, 2000, until June 30, 2001; forty percent beginning July 1, 2001, until June 86 30,2002; fifty percent beginning July 1, 2002; however, no county shall receive 87 any reimbursement from the state in an amount less than the greater of: 88 a. Twent;y-five percent of the total juvenile court personnel budget of the 89 single county circuit expended for calendar year 1997, excluding fringe benefits; 90 or 91 b. The sum of the salaries of one chief deputy juvenile officer and one 92 deputy juvenile officer class I, as provided in section 211.381; 93 (5) Each single county circuit shall file a copy of its initial 1997 and each 94 succeeding year's budget with the office of the state courts administrator after 95 January first each year and prior to reimbursement. The office of the state courts SCS SB 585 4 96 administrator shall make payment for the reimbursement from appropriations 97 made for that purpose on or before July fifteenth of each year following the 98 calendar year in which the expenses were made. The office of the state courts 99 administrator shall submit the information from the budgets relating to full-time 100 juvenile court personnel from each county to the general assembly; 101 (6) Any single county circuit may apply to the office of the state courts 102 administrator to become subject to subsection 3 of this section, and such 103 application shall be approved subject to appropriation of funds for that purpose; 104 CD The state auditor may audit any single county circuit to verify 105 compliance with the requirements ofthis section, including an audit of the 1997 106 budget. 107 3. Juvenile court employees in multicounty circuits shall be subject to the 108 following provisions: 109 (1) Juvenile court employees including detention personnel hired in 1998 110 in those multicounty circuits who began actual construction on detention facilities 111 in 1996, employed in a multicounty circuit on or after July 1, 1999, shall: 112 (a) Not be state employees unless they receive all salary from the state, 113 which shall include any salary as provided in section 211.381 in addition to any 114 salary provided by the applicable-countyron counties during calendar year 1997 115 and any general salary increase'aibproved by the state of Missouri for fiscal year 116 1999 and fiscal year 2000; 117 (b) Participate in the state retirement plan; 118 (c) Receive creditable prior service in the state retirement plan for service 119 rendered as a juvenile court employee prior to July 1, 1999, to the extent they 120 have not already received credit for such service in a county retirement plan on 121 salary paid to them for such service if such service was rendered in a single 122 county circuit or a multicounty circuit; except that if they forfeited such credit in 123 such county retirement plan Drior'td being eligible to receive creditable prior 124 service under this paragraph, they may receive creditable service under this 125 paragraph; 126 (d) Receive creditable prior service pursuant to paragraph (c) of this 127 subdivision even though they already have received credit for such creditable 128 service in a county retirement plan if they elect within six months from the date 129 they become participants in the state retirement plan pursuant to this section to 130 forfeit their service from such plan in which case such plan shall transfer to the 131 state retirement plan an amount equal to the actuarial accrued liability for the 132 forfeited creditable service, determined as if the person was going to continue to 133 be an active member of the county retirement plan, less the amount of any SCS SB 585 5 134 refunds of member contributions; 135 (e) Receive creditable prior service for service rendered as a juvenile court 136 employee in a multicounty circuit in a position that was financed in whole or in 137 part by a public or private grant to the extent they have not already received 138 credit for such service in a county retirement plan on salary paid to them for such 139 service except that if they: 140 a. Forfeited such credit in such county retirement plan prior to being 141 eligible to receive creditable service under this paragraph, they may receive 142 creditable service under paragraph (e) of this subdivision; 143 b. Received credit for such creditable service in a county retirement plan, 1, 144 they may not receive·creditable prio.r service pursuant to paragraph (e) of this 4 9 .4 2 1 -- 145 subdivision unless they elect to forfeit their service from such plan, in which case 146 such plan shall transfer to the state retirement plan an amount equal to the 147 actuarial liability for the forfeited creditable service, determined as if the person 148 was going to continue to be an active member of the county retirement plan, less 149 the amount of any refunds of member contributions; 150 c. Terminated employment prior to August 28, 2007, and apply to the 151 board of trustees of the state retirement,plan to be made and employed as a 152 special consultant and be available.to.' give opinions regarding retirement they 153 may receive creditable service under paragraph (e) of this subdivision; 154 d. Retired prior to August 28,2007, and apply to the board of trustees of 155 the state retirement plan to be made and employed as a special consultant and 156 be available to give opinions regarding retirement, they shall have their 157 retirement benefits adjusted so they receive retirement benefits equal to the 158 amount they would have received had their retirement benefit been initially 159 calculated to include such creditable prior service; or 160 e. Purchased creditable prior service„pursuant to section 104.344 or 161 section 105.691 based on service as a jlivenile court employee in a position that 162 was financed in whole or in part by a public or private grant, they shall receive 163 a refund based on the amount paid for such purchased service; 164 (2) Juvenile court employee positions added after December 31, 1997, 165 shall be terminated and not subject to the provisions of subdivision (1) of this 166 subsection, unless the office of the state courts administrator requests and 167 receives an appropriation specifically for such positions; 168 (3) The salary of any juvenile court employee who becomes a state 169 employee, effective July 1, 1999, shall be limited to the salary provided by the 170 state of Missouri, which shall be set in accordance with guidelines established by 171 the state pursuant to a salary survey conducted by the office of the state courts SCS SB 585 6 172 administrator, but such salary shallin no event be less than the amount specified 173 in paragraph (a) of subdivision (1) of this subsection. Notwithstanding any 174 provision to the contrary in subsection 1 of section 211.394, such employees shall 175 not be entitled to additional compensation paid by a county as a public officer or 176 employee. Such employees shall be considered employees of the judicial branch 177 of state government for all purposes; 178 (4) All other employees of a multicounty circuit who are not juvenile court 179 employees as defined in subsection 1 of this section shall be county employees 180 subject to the county's own terms and conditions of employment; 181 (5) In a single county circuit that changed from a multicounty 182 circuit on or after August: 28, 2016, any juvenile court employee, who 183 receives ali salary from the state, shall be a state employee, receive 184 state-provided benefits under this subsection, including retirement 185 benefits from the state retirement plan, and not be subject to 186 subsection 2 of this section while employed in that circuit. 187 4. The receipt of creditable prior service as described in paragraph (c) of 188 subdivision (1) of subsection 2 of this section and paragraph (c) of subdivision (1) 189 of subsection 3 of this section iscontingent upon the office of the state courts 190 administrator providing the state retirement plan information, in a form subject 191 to verification and acceptable to the stafe Pdtirement plan, indicating the dates 192 of service and amount of monthly salary paid to each juvenile court employee for 193 such creditable prior service. 194 5. No juvenile court employee employed by any single or multicounty 195 circuit shall be eligible to p'articipate in the county employees' retirement system 196 fund pursuant to sections 50.1000 to 50.1200. 197 6. Each county in every circuit in which a juvenile court employee 198 becomes a state employee sHall maintain each year in the local juvenile court 199 budget an amount, defined as "maintenance of effort funding", not less than the 200 total amount budgeted for ali employees of the juvenile court including any 201 juvenile officer, deputy juvenile officer, or other juvenile court employees in 202 calendar year 1997, minus the state reimbursements as described in this section 203 received for the calendar year 1997 personnel costs for the salaries of all such 204 juvenile court employees who become state employees. The juvenile court shall 205 provide a proposed budget to the county commission each year. The budget shall 206 contain a separate section specifying all funds to be expended in the juvenile 207 court. Such funding may be used for contractual costs for detention services, 208 guardians ad litem, transportation costs for those circuits without detention 209 facilities to transport children to and from detention and hearings, short-term SCS SB 585 7 210 residential services, indebtedness for juvenile facilities, expanding existing 211 detention facilities or services, continuation of services funded by public grants 212 or subsidy, and enhancing the court's ability to provide prevention, probation, 213 counseling and treatment services. The county commission may review such 214 budget and may appeal the proposed budget to the judicial finance commission 215 pursuant to section 50.640. 216 7. Any person who is employed on or after July 1, 1999, in a position 217 covered by the state retirement plan or the transportation department and 218 highway patrol retirement system and who has rendered service as a juvenile 219 court employee in a judicial circuit-that was not a single county of the first 220 classification shall be elikilileito receive creditablerprior service in such plan or 221 system as provided in subsections 2 and 3 of this section. For purposes of this 222 subsection, the provisions of paragraphs (c) and (d) of subdivision (1) of 223 subsection 2 of this section and paragraphs (c) and (d) of subdivision (1) of 224 subsection 3 of this section that apply to the state retirement plan shall also 225 apply to the transportation department and highway patrol retirement system. 226 8. (1) Any juvenile officer who is employed as a state employee in a 227 multicounty circuit on or after Julyl, 1999'.shall not be eligible to participate in 228 the state retirement plan as provided by this section unless such juvenile officer 229 elects to: 230 (a) Receive retirement benefits from the state retirement plan based on 231 all years of service as a juvenile officer and a final average salary which shall 232 include salary paid by the county and the state; and 233 (b) Forfeit any county retirement benefits from any county retirement 234 plan based on service rendered as a juvenile officer. 235 (2) Upon making the election described in this subsection, the county d 236 retirement plan shall transfer tolhe state retirement plan an amount equal to 237 the actuarial accrued liabilityfor the forfeited creditable service determined as 238 if the person was going to continue to be an active member of the county 239 retirement plan, less the amount of any refunds of member contributions. 240 9. The elections described in this section shall be made on forms 241 developed and made available by the state retirement plan. 478.011. This state is divided into forty-six judicial circuits, 2 numbered consecutively from one to forty-six. 478.170. 1. Until December 31, 2016, circuit number thirty-eight shall 2 consist of the counties of Christian and Taney. 3 2. Beginning January 1, 2017, circuit number thirty-eight shall 4 consist of the county of Christian. SCS SB 585 8 478.188. Beginning January 1, 2017, circuit number forty-six shall 2 consist of the county of Taney. 478.191. The repeal of sections 478.075, 478.077, 478.080, 478.085, 2 478.087,478.090,478.093,478.095,478.097,478.100,478.103,478.105,478.107, 3 478.110, 478.113, 478.115, 478.117, 478.120, 478.123, 478.125, 478.127, 478.130, 4 478.133, 478.135, 478.137, 478.140, 478.143, 478.145, 478.147, 478.150, 478.153, 5 478.155, 478.157, 478.160, 478.163, 478.165, 478.167, 478.170, 478.173, 478.175, 6 478.177, 478.180, 478.183, 478.185, 478.186, 478.188, and the repeal and 7 reenactment of section 487.010 shall become effective December 31, 2020. 478.577. Beginning January 1, 2017, there shall be one circuit 2 judge in the forty-sixth judicial circuit.who shall be elected in 2016 for 3 a two-year term and thereafter in 2018 for a full six-year term. Section B. Because immediate action is necessary to enable the judiciary 2 to continue serving the citizens of Missouri efficiently and effectively, section A 3 of this act is deemed necessary for the immediate preservation of the public 4 health, welfare, peace and safety, and is hereby declared to be an emergency act 5 within the meaning of the constitution, and section A of this act shall be in full 6 force and effect upon its passage,and approval. 3