- Committee -

SCS/SB 1152 - This act revises various court administrative sections, including the following:

SALARY COMMISSION - (Section 50.333) - The act provides that the county clerk, not the circuit clerk, shall serve as the temporary chair of the salary commission.

DEFINITION OF STATE AGENCY - (Section 143.782) - For purposes of set-offs, the definition of state agency includes the state supreme court, courts of appeal and any circuit court of this state.

MECHANICS' and MATERIALMEN'S LIENS - (Sections 429.032, 429.080, 429.090, 429.120, 429.160, 429.270 to 429.460) - The act provides for mechanic's liens to be filed directly with the recorder of deeds office. Currently, such a lien must be filed with the clerk of the circuit court. The act deletes section 478.725 concerning the filing of mechanics' liens in Marion County.

LIENS AGAINST RAILROADS - (Section 429.470, 429.490 and 429.540) - The act transfers duties regarding filing of liens to the recorder of deeds. Judgement creditors are responsible for forwarding copy of judgment to secretary of state.

CHILD SUPPORT ENFORCEMENT AWARDS - (Section 454.505) - The act deletes the requirement that the Division of Family Services must file all income withholding orders with the circuit clerk in child support cases.

PROTECTIVE ORDERS - (Section 455.027 and 455.504) - No filing fees will be assessed to a petitioner in an action seeking a protective order. The act provides that only the petitioner can terminate an order of protection. If the order granted child custody to the respondent, then the act provides procedures for both parties to agree or object to a request for termination. (Section 455.060)

FOREIGN ORDER OF PROTECTION - (Section 455.067) - The act provides that foreign orders of protection will be enforceable in state courts. The foreign order may be filed in the circuit court having jurisdiction. No fee or cost may be charged for the filing of the foreign order.

LEGAL FEES - (Section 455.075) - If a full order of protection is granted, a respondent may be ordered to pay petitioner's attorney fees.

UNIFORM PROTECTIVE ORDER FORMS - (Section 455.504) - The clerk of the court shall make the uniform forms adopted by the supreme court available to petitioners. Section 455.508 is deleted based on changes to section 455.504.

NOTIFICATION OF CHILD ADVOCATE - (Section 455.504) - The clerk must notify the guardian ad litem of appointment immediately and give the guardian the names of the parties within 24 hours.

STATE COURT ADMINISTRATION REVOLVING FUND - (Section 476.058) - Any moneys received in connection with preparation of court transcripts shall be deposited in the fund.

FOREIGN LANGUAGE INTERPRETERS/TRANSLATORS - (Section 476.061) - The act provides that interpreters and translators cannot be compelled to testify to information that is otherwise attorney-client privileged. The interpreter/translator shall be allowed a reasonable fee and the act provides when that fee shall be paid by OSCA.

EXECUTIVE COUNCIL OF THE JUDICIAL CONFERENCE - (Section 476.340) - The act amends the process for filling vacancies of any unexpired term.

FINE COLLECTION CENTER - (Section 476.385) - This expands the Fine Collection Center to accept tickets for littering and to clarify how notice is sent to the party.

ELIMINATION OF CERTAIN COURT COSTS - (Section 488.012) - Certain fees for the filing of liens and for additional summons are deleted.

COLLECTION OF COURT COSTS THROUGH SET-OFF - (Section 488.020) - Allows a court to collect unpaid court costs in excess of $25 by seeking a set-off of the person's tax refund.

FAMILY SERVICES AND JUSTICE FUND - (Section 488.2300) - The act provides that the judgment collected in juvenile proceedings is payable to the fund.

CRIME VICTIM'S COMPENSATION JUDGEMENT AND COUNTY FEE - (Sections 488.4014 and 595.045) - The fee payable in felony and nonfelony criminal violations shall be paid upon the plea of guilty or upon a finding of guilt. Exceptions are made for certain misdemeanors.

TIME PAYMENT FEE - (Section 488.5021) - The act creates the time payment fee. Courts may impose such a fee on all fines, fees or sanctions not paid in full within 30 days. The act provides for distribution of the fee to the local court, court automation fund and drug court fund.

INTERPRETER FEES - (Section 491.300) - Interpreter fees for witnesses shall be allowed in juvenile proceedings and domestic violence actions.

MASTER JURY LIST - (Section 494.410) - The master jury list shall creates from source lists. Names of potential jurors on the master jury list shall be a public record.

QUALIFIED JURY LIST - (Sections 494.415 and 494.420) - The qualified jury list and petit jury list shall only be disclosed by local rule.

JUDGEMENTS - (Sections 511.350 and 517.151) - The act provides that judgments entered by associate courts shall be liens on real estate without the filing of a transcript judgement. The act provides that the clerks, not just circuit clerks, may furnish and enter abstracts. (Section 511.510). The act deletes section 517.141 related to the treatment of transcript judgements by the clerk of the court.

REPORTABLE DWI INFORMATION - (Section 577.051) - The act clarifies what information must be reported to the Missouri State Highway Patrol for DWI cases.

DOUBLE-ENACTED STATUTES - The act deletes sections 57.290 and 67.133 that were moved to different statute numbers.

JIM ERTLE