To repeal sections 14.040, 56.310, 56.765, 57.280, 57.290, 57.300, 57.955, 66.110, 67.133, 98.330, 141.380, 193.205, 210.160, 210.842, 429.090, 429.120, 442.035, 452.330, 452.345, 452.395, 452.402, 452.423, 452.490, 452.610, 454.150, 455.205, 473.420, 473.618, 474.510, 476.053, 479.260, 479.261, 482.345, 483.015, 483.310, 483.312, 483.500, 483.505, 483.510, 483.530, 483.535, 483.545, 483.550, 483.580, 483.591, 485.040, 485.055, 485.060, 485.075, 485.100, 485.120, 485.130, 485.150, 490.130, 491.280, 492.590, 494.456, 494.480, 506.140, 506.320, 508.200, 508.210, 508.220, 508.230, 511.510, 514.010, 514.020, 514.290, 514.300, 514.303, 514.320, 514.330, 514.335, 514.440, 514.450, 514.460, 514.470, 514.475, 514.480, 514.490, 517.151, 550.260, 550.300, 561.035, 590.140 and 595.045, RSMo 1994, and sections 302.137, 478.401, 483.083 and 487.170, RSMo Supp. 1995, relating to the assessment, collection, disbursement and expenditure of moneys in judicial proceedings, and to enact in lieu thereof seventy-seven new sections relating to the same subject, with penalty provisions and an effective date for certain sections.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI, AS FOLLOWS:

Section A. Sections 14.040, 56.310, 56.765, 57.280, 57.290, 57.300, 57.955, 66.110, 67.133, 98.330, 141.380, 193.205, 210.160, 210.842, 429.090, 429.120, 442.035, 452.330, 452.345, 452.395, 452.402, 452.423, 452.490, 452.610, 454.150, 455.205, 473.420, 473.618, 474.510, 476.053, 479.260, 479.261, 482.345, 483.015, 483.310, 483.312, 483.500, 483.505, 483.510, 483.530, 483.535, 483.545, 483.550, 483.580, 483.591, 485.040, 485.055, 485.060, 485.075, 485.100, 485.120, 485.130, 485.150, 490.130, 491.280, 492.590, 494.456, 494.480, 506.140, 506.320, 508.200, 508.210, 508.220, 508.230, 511.510, 514.010, 514.020, 514.290, 514.300, 514.303, 514.320, 514.330, 514.335, 514.440, 514.450, 514.460, 514.470, 514.475, 514.480, 514.490, 517.151, 550.260, 550.300, 561.035, 590.140 and 595.045, RSMo 1994, and sections 302.137, 478.401, 483.083 and 487.170, RSMo Supp. 1995, are repealed and seventy-seven new sections enacted in lieu thereof, to be known as sections 3.150, 14.040, 56.765, 57.280, 57.290, 57.955, 66.110, 67.133, 98.330, 141.380, 193.205, 210.160, 210.842, 302.137, 429.090, 429.120, 442.035, 452.330, 452.345, 452.395, 452.402, 452.423, 452.490, 452.610, 454.150, 455.205, 473.618, 474.510, 476.053, 478.401, 479.260, 479.261, 482.345, 483.015, 483.083, 483.310, 483.312, 483.500, 483.505, 483.510, 483.530, 483.535, 483.550, 483.580, 483.591, 485.040, 485.055, 485.060, 485.075, 485.100, 485.120, 487.170, 490.130, 491.280, 492.590, 494.480, 506.140, 511.510, 514.005, 514.015, 514.303, 514.330, 514.335, 514.440, 514.450, 514.460, 517.151, 550.260, 550.300, 561.035, 590.140, 595.045, 1, 2, 3, 4 and 5, to read as follows:

3.150. Notwithstanding the provisions of this chapter to the contrary the revisor of statutes is hereby directed to codify all sections of law or portions of sections of law imposing court costs, fees, miscellaneous charges and surcharges imposed in connection with filing and prosecution of judicial cases, both civil and criminal, into one chapter of the revised statutes of Missouri. The revisor shall recodify those sections or portions of sections of existing law which impose such court costs, including, but not limited to, sections 56.310, 56.765, 57.280, 57.290, 57.955, 66.110, 67.133, 193.205, 193.265, 221.070, 221.120, 455.205, 476.053, 478.401, 479.260, 479.261, 482.345, 483.500, 483.505, 483.530, 483.535, 483.550, 483.580, 483.591, 485.100, 485.120, 487.170, 491.280, 491.420, 494.455, 494.480, 513.623, 517.151, 561.035, 577.048, 590.140 and 595.045, RSMo, chapters 514 and 550, RSMo, sections 2, 3, 4 and 5 of this act, and any other sections or portions of sections of law which impose such court costs, both existing and future, into one chapter of the revised statutes which deals with court costs, which shall be titled to reflect that all sections relating to such court costs are contained within said chapter. From time to time, the revisor of statutes shall call upon the state courts administrator for assistance in determining what sections, or portions of sections, of law impose court costs for purposes of this section.

14.040. The recorder [or clerk] shall receive three dollars for filing and indexing each notice of lien and one dollar and fifty cents for filing and indexing each certificate of discharge.

[56.310. Prosecuting attorneys shall be allowed fees, as follows, unless in cases where it is otherwise directed by law: For collections on recognizances given to the state in criminal cases, and which are or may become forfeited, twenty-five percent on all sums collected, if not more than five hundred dollars, and fifteen percent on all sums over five hundred dollars, to be paid out of the amount collected; for judgments upon any proceedings of a criminal nature, otherwise than by indictment or information, ten dollars; for the conviction of every defendant in the circuit court, upon indictment or information, or before an associate division of the circuit court, upon information, when the punishment assessed by the court or jury or associate circuit judge shall be fine or imprisonment in the county jail, or by both such fine and imprisonment, ten dollars; for the conviction of every defendant in any case where the punishment assessed shall be by confinement in the penitentiary, except in cases of rape, arson, burglary, robbery, forgery or counterfeiting, sixty dollars; for the conviction of every defendant of homicide, other than capital, or for offenses excepted in the last clause, seventy-five dollars; for the conviction of every defendant in a capital case, one hundred fifty dollars; for his services in all actions which it is or shall be made his duty by law to prosecute or defend, ten dollars. No fee shall be allowed for obtaining judgment on a forfeited recognizance, unless the whole or a part thereof is collected, nor shall any fee be allowed when an indictment or any other proceeding of a criminal nature shall be quashed or held bad on demurrer, or judgment therein arrested by reason of the insufficiency of the indictment.]

56.765. 1. A [fee] surcharge of one dollar shall be assessed as costs in each court proceeding filed in any court in the state [for violation of a] in all criminal cases including violations of any county ordinance or any violation of a criminal or traffic law of the state, including an infraction; except that [no such fee shall be collected for nonmoving traffic violations, except violation of weight limit and safety laws, and] no such [fee] surcharge shall be collected in any proceeding in any court when the proceeding or the defendant has been dismissed by the court or when costs are to be paid by the state [or], county [on behalf of an indigent defendant] or municipality.

2. [Fifty cents of every dollar] One-half of all moneys collected under the provisions of subsection 1 of this section shall be [at least monthly paid by the clerk of the court wherein the costs are collected to the county treasurer who shall credit the same to the "Prosecuting Attorneys Training Fund", which is hereby established. The county treasurer shall at least monthly transmit the total dollar amount in the prosecuting attorneys training fund] payable to the state treasurer who shall deposit the amount to the credit of the "Missouri Office of Prosecution Services Fund" which is hereby created. The moneys credited to the Missouri office of prosecution services fund from each county shall be used only for the purposes set forth in sections 56.750, 56.755, and 56.760, and no other moneys from either the state's general revenue or any other source except the sources described in section 56.760 shall be used to fund the Missouri office of prosecution services. The revenues and expenditures of the Missouri office of prosecution services shall be subject to an annual audit to be performed by the Missouri state auditor. The Missouri office of prosecution services shall also be subject to any other audit authorized and directed by the state auditor.

3. [Fifty cents of every dollar] One-half of all moneys collected under the provisions of subsection 1 of this section shall be [paid at least monthly by the clerk of the court wherein the costs are collected] payable to the county treasurer [who] of each county from which such funds were generated. The county treasurer shall deposit all of such funds into the county treasury in a separate fund to be used solely for the purpose of additional training for circuit and prosecuting attorneys and their staffs. If the funds collected and deposited by the county are not totally expended annually for the purposes set forth in this subsection, then the unexpended moneys shall remain in said fund and the balance shall be kept in said fund to accumulate from year to year, or at the request of the circuit or prosecuting attorney, with the approval of the county commission or the appropriate governing body of the county or the city of St. Louis, and may be used to pay for expert witness fees, travel expenses incurred by victim/witnesses in case preparation and trial, for expenses incurred for changes of venue, for expenses incurred for special prosecutors, and for other lawful expenses incurred by the circuit or prosecuting attorney in operation of that office.

57.280. 1. [Fees of] Sheriffs shall be allowed a charge for their services [as follows:

For summoning a standing jury, for each juror summoned $ 2.00

For serving every summons or original writ and

returning the same for each defendant ............ 20.00

For serving a writ of scire facias for each defendant 10.00

For taking and returning every bond required by law .. 5.00

For serving a writ or order of injunction or any

other order for each defendant ................... 20.00

For serving a habere facias possessionem or

sequestration .................................... 10.00

For levying every execution or serving by writ in aid

thereof including writs of attachment

and garnishment .................................. 20.00

And when served on real estate the officer shall be

bound to go on the land, or sufficiently near it,

if necessary, in order to describe it properly.

For making, executing and delivering a sheriff's

deed to be paid by the purchaser, all tracts of

land purchased at the same sale to be included

in one deed, if the purchaser desires it ......... 20.00

For every return of non est on a writ original or

judicial ......................................... 20.00

For return of nulla bona ............................. 10.00

For executing a writ of ad quod damnum in any case,

drawing the inquisition and returning the same ... 10.00

For each mile actually traveled in serving any venire

summons, writ, subpoena or other order of court,

provided that such mileage shall not be charged for

more than one witness subpoenaed or venire summons

or other writ served in the same cause on the

same trip ........................................ .25

For executing and returning a special venire facias .. 10.00

For summoning a jury in case and calling the same at

trial ............................................ 10.00

For summoning each witness ........................... 5.00

For return of non est on a subpoena .................. 5.00

For serving every notice or rule of court, notice to

take depositions or citation ..................... 20.00

For attending each court of record or criminal court

and for each deputy employed in attendance upon

such courts per day .............................. 15.00

Except in cities and counties having a population of

one hundred thousand inhabitants or over in which

each deputy shall be allowed for each day during

the term of said court ........................... 10.00

For every action called at each term ................. 2.00

For calling each party ............................... 2.00

For calling each witness ............................. 3.00

For the safekeeping, supporting and removing livestock

and other property seized under legal process, such

fees as the court out of which the process is issued

shall deem reasonable, to be paid as other costs.

For commission 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 supreme court shall cause the same

to be returned without fee unless the court shall,

for special reasons, order the personal attendance

of the sheriff, in which case he 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 ............. .25

Provided, that in all counties having over fifty thousand and under six hundred thousand inhabitants, shall be allowed for their services for attending each court, per day, ten dollars for each day and every day (Sundays excepted) during the term of each of said courts; provided further, that no mileage shall be paid when per diem is charged for days that services are rendered. No mileage fees for serving any writ, summons or other legal process shall be collected unless the sheriff shall actually travel the distance for which he makes such charge; provided, that in all counties of this state which now have or may hereafter have a population of more than fifty thousand inhabitants and less than one hundred and twenty-five thousand inhabitants, the sheriff shall not be allowed the fee of ten dollars per day for himself or deputies for attendance on the county or probate court except for such days as such court shall by an order request such an attendance.] rendered in civil cases, as required by law, the sum of fifty dollars for each civil case filed in the circuit courts of this state, except that no such charge shall be collected in any proceeding when costs are to be paid by the state, county or municipality. All of such charges shall be charged and collected and disbursed as provided in section 514.015, RSMo, and payable to the sheriff of the county from which such charges were generated. The sheriff upon the [collection] receipt of the [fees] charge herein provided for shall pay into the treasury of the county any and all [fees] charges collected under the provisions of this section; however, in any city not within a 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 department, such as from the sale of recovered evidence, shall be [paid into a fund] held [and] in a fund established by the county treasurer, which may be drawn upon by the sheriff for the furtherance of the sheriff's set duties. [Any such funds held by the sheriff or the treasurer on August 28, 1993, shall be deposited into such fund.] 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 any city not within a county. Moneys in the fund shall be used only for the procurement of services and equipment to support the operation of the sheriff's department and not to support the cost of salaries.

2. The sheriff shall be allowed as commission 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 to such money, such person's agent or attorney. The party at whose application any writ, execution, subpoena or other process has issued from the supreme court shall cause the same to be returned without fee unless the court shall, for special reasons, order the personal attendance of the sheriff, in which case the sheriff shall be allowed for each mile, going and returning from the courthouse of the county in which the sheriff 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.

57.290. 1. [Except as provided in subsection 2 of this section,] Sheriffs, county marshals or other officers shall be allowed [fees] a charge for their services rendered in criminal cases and [for] in all proceedings for contempt or attachment [as follows:

For serving and returning each capias, for each

defendant ............................................. $ 4.00

For serving a writ of attachment for each person actually

brought into court .............................. 10.00

For serving every writ of execution .................. 12.50

For entering return of non est on a capias or

attachment ...................................... 6.00

For a return of nulla bona ........................... 5.00

For summoning a jury to ascertain the sanity or

pregnancy of a convict, drawing the inquisition,

and returning the same .......................... 4.00

For summoning a grand jury ........................... 15.00

For summoning a petit jury and calling the same

at the trial .................................... 4.00

For executing a special venire when one shall have

been actually ordered and issued ................ 4.00

For summoning each witness ........................... 3.00

For every return of non est on a subpoena ............ 1.00

For serving any rule of court or notice .............. 3.00

For calling each witness ............................. 3.00

For taking recognizance .............................. 3.00

For committing any person to jail .................... 4.00

For every trial in a criminal case or confession ..... 4.00

For every trial in a capital case .................... 10.00

2. In all counties the sheriff shall be allowed fees for his services in felony cases and for all proceedings for contempt or attachment], as required by law, the sum of [fifteen] seventy-five dollars per case. Such fees shall be charged and collected [for and on behalf of the county and paid into] in the manner provided by section 514.015, RSMo, and shall be payable to the county treasury[; however, in any city not within a county, all additional revenue derived from the increase in the fees provided for in this section after May 25, 1989, shall be used only for the support of the sheriff's office for a period of at least one full fiscal year following May 25, 1989].

[3.] 2. 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.

[4.] 3. 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 [twenty-five cents per mile] 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 [sum of twenty-five cents per mile] 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 [his] such sheriff's account, in which [he] 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 [his] 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.

[5.] 4. 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 [his] such sheriff's or officer's charge any person undergoing an examination preparatory to [his] 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 [he] such sheriff or officer may have such person under [his] such sheriff's or officer's charge, when the number of days shall exceed one, and [twenty-five cents per mile] 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 [twenty-five cents a mile] 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.

[6.] 5. [These costs] The charges provided in subsection 1 of this section shall be taxed as other costs in criminal procedure immediately after conviction of any defendant in any criminal procedure. The clerk shall tax all the costs in the case against such defendant [and deliver a certified copy of the same to the sheriff, who shall immediately proceed to collect such costs from the defendant, together with ten percent on the amount of costs, so collected, as a commission for collecting the same, and the clerk shall receive of such commission an amount equal to ten percent of the fees collected and due such clerk, and the remainder of such commission shall be retained by the sheriff], which shall be collected and disbursed as provided by section 514.015, RSMo; provided, that [in no case shall such commission be taxed against or paid either by the county or the state] no such charge shall be collected in any proceeding in any court when the proceeding or the defendant has been dismissed by the court; provided further, that all costs, incident to the issuing and serving of writs of scire facias and of writs of fieri facias, and of attachments for witnesses of defendant, shall in no case be paid by the state, but such costs incurred under writs of fieri facias and scire facias shall be paid by the defendant and [his] such defendant's sureties, and costs for attachments for witnesses shall be paid by such witnesses.

6. Mileage shall be reimbursed to sheriffs, county marshals and guards 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.

[57.300. Sheriffs, county marshals or other officers shall be allowed for their services in criminal cases and in all proceedings for contempt or attachment as follows: Fifteen cents for each mile actually traveled in serving any venire summons, writ, subpoena or other order of court when served more than five miles from the place where the court is held; provided, that such mileage shall not be charged for more than one witness subpoenaed or venire summons or other writ served in the same cause on the same trip.]

57.955. 1. [After the effective date of the establishment of the system, in addition to all other legal costs in each civil suit, action, case and all other proceedings of a civil nature filed in each circuit court and the divisions thereof, except the municipal and juvenile divisions, in a county] There shall be assessed and collected [in the same manner as other civil court costs are collected a sum] a surcharge of three dollars in all civil actions filed in the courts of this state and in all criminal cases [a sum of two dollars,] including violation of any county ordinance or any violation of criminal or traffic laws of this state, including infractions, but no such [costs] surcharge shall be assessed when the costs are waived or are to be paid by the state [for indigent defendants], county or municipality or when a criminal proceeding or the defendant has been dismissed by the court. The clerk[, or other official] responsible for collecting court costs in civil and criminal cases, shall collect and disburse such amounts [and shall remit them monthly to the board for deposit in] as provided by section 514.015, RSMo. Such funds shall be payable to the sheriffs' retirement fund. [The clerk, or other official, shall keep accurate records of the amounts collected for the sheriffs' retirement fund pursuant to this subsection and the records may be audited by the board of directors at any time.] 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.

66.110. In each proceeding had in circuit court involving a violation of a county ordinance the same fees and costs shall be allowed and collected as in other misdemeanor cases[, except that no prosecutor's fee shall be allowed]. All such fees and costs charged and collected shall be paid over by the responsible clerk [to the same officers in the same manner and in the same proportions as in other misdemeanor cases] in the manner provided by section 514.015, RSMo. The county shall not be required to pay [a filing fee] fees pursuant to this section.

67.133. [In addition to the fee required by the provisions of section 56.790, RSMo,] 1. A fee of [four] twenty-five dollars shall be assessed [as costs] in all traffic and misdemeanor cases, and seventy-five dollars in all felony cases, in [each court proceeding filed in any court in the state for a violation of a] criminal cases including violations of any county ordinance or any violation of a criminal or traffic law of the state, including an infraction, except [nonmoving traffic violations other than weight limit and safety laws, and] that no such fees shall be collected in any proceeding in any court when the proceeding or the defendant has been dismissed by the court or when costs are to be paid by the state [or], county [on behalf of an indigent defendant and no fee shall be collected in any municipal court. A similar fee of four dollars shall be assessed as costs in each court proceeding filed in any court in the state in any civil proceeding except those filed in the municipal divisions] or municipality. All fees collected under the provisions of this section shall be [paid monthly by the clerk of the court wherein the costs are] collected and disbursed in the manner provided by section 514.015, RSMo, and payable to the county treasurer [for transmittal to the state treasurer] who shall deposit those funds in the ["County Officers Compensation Fund" which is hereby created. Thereafter, on a monthly basis, the state treasurer shall, from the county officers compensation fund, reimburse each county which has paid additional compensation to county officers pursuant to the provisions of sections 49.102, 51.303, 52.245, 53.092, 54.267, 55.096, 57.316, 59.224, 58.137 and 473.739, RSMo, for such amounts so paid. If moneys in the fund would be exhausted by the reimbursements provided by the provisions of this section, the reimbursements shall be prorated. If moneys remain in the fund after all reimbursements have been made, any such remainder shall be transferred to the state's general revenue fund.] county treasury.

2. Counties shall be entitled to a judgment in the amount of twenty-five percent of all sums collected on recognizances given to the state in criminal cases, which are or may become forfeited, if not more than five hundred dollars, and fifteen percent of all sums over five hundred dollars, to be paid out of the amount collected.

98.330. It shall be the duty of the city attorney to prosecute and defend all actions originating or pending in any court in this state to which the city is a party, or in which the interests of the city are involved, and shall, generally, perform all legal services required in behalf of the city. [In any complaint made alleging a violation of a municipal ordinance, the city attorney may, if in his judgment the interest of the city demands it, require the complainant, or party at whose instance the complaint is made, to give security for costs, to be approved by the judge hearing the cause, before proceeding further with such cause.]

141.380. Any number of parcels of real estate may be joined in one petition or suit. Each separate tract or parcel of real estate joined in any one action shall be given a serial number by the collector and shall be separately indexed and docketed by the circuit clerk in a book kept by the clerk for that purpose. [For each serially numbered parcel of real estate, the circuit clerk shall be allowed a fee of ten cents, which shall be taxed and paid as other costs in the case which he shall pay into the county treasury in accordance with the provisions of section 50.340, RSMo.]

193.205. 1. A record of each dissolution of marriage and annulment of marriage granted by any court in this state shall be filed by the clerk of the court with the department and shall be registered if it has been completed and filed in accordance with this section. The record shall be prepared by the petitioner or [his] such petitioner's legal representative on a form prescribed and furnished by the state registrar and shall be presented to the clerk of the court with the petition.

2. The clerk of the court shall complete and forward to the department on or before the fifteenth day of each calendar month the records of each dissolution of marriage and annulment of marriage decree granted during the preceding calendar month.

[3. The clerk of the court shall be paid two dollars for each certificate prepared and forwarded by him to the state registrar as above provided which shall be taxed as costs in the case in which the decree was rendered.]

210.160. 1. In every case involving an abused or neglected child which results in a judicial proceeding, the judge shall appoint a guardian ad litem to appear for and represent:

(1) A child who is the subject of proceedings [under] pursuant to sections 210.110 to 210.165, sections 210.700 to 210.760, sections 211.442 to 211.487, RSMo, or sections 453.005 to 453.170, RSMo, or proceedings to determine custody or visitation rights under sections 452.375 to 452.410, RSMo; or

(2) A parent who is a minor, or who is a mentally ill person or otherwise incompetent, and whose child is the subject of proceedings under sections 210.110 to 210.165, sections 210.700 to 210.760, sections 211.442 to 211.487, RSMo, or sections 453.005 to 453.170, RSMo.

2. The guardian ad litem shall be provided with all reports relevant to the case made to or by any agency or person and shall have access to all records of such agencies or persons relating to the child or [his] such child's family members or placements of the child. Employees of the division, officers of the court, and employees of any agency involved shall fully inform the guardian ad litem of all aspects of the case of which they have knowledge or belief.

3. The appointing judge shall require the guardian ad litem to faithfully discharge [his] such guardian ad litem's duties, and upon failure to do so shall discharge [him] such guardian ad litem and appoint another. The judge in making appointments pursuant to this section shall give preference to persons who served as guardian ad litem for the child in the earlier proceeding, unless there is a reason on the record for not giving such preference.

4. The guardian ad litem may be awarded a reasonable fee for such services to be set by the court. The court, in its discretion, may award such fees as a judgment to be paid by any party to the proceedings[, or may tax said fees as costs to be paid by the party against whom costs are taxed,] or from public funds. However, no fees as a judgment shall be taxed against a party or parties who have not been found to have abused or neglected a child or children. Such an award of guardian fees shall constitute a final judgment in favor of the guardian ad litem. Such final judgment shall be enforceable against the parties in accordance with chapter 513, RSMo.

5. The court may designate volunteer advocates, who may or may not be attorneys licensed to practice law, to assist in the performance of the guardian ad litem duties for the court. The volunteer advocate shall be provided with all reports relevant to the case made to or by any agency or person and shall have access to all records of such agencies or persons relating to the child or [his] such child's family members or placements of the child. Any such designated person shall receive no compensation from public funds. This shall not preclude reimbursement for reasonable expenses.

6. Any person appointed to perform guardian ad litem duties shall have completed a training program in permanency planning. A nonattorney volunteer advocate shall have access to a court appointed attorney guardian ad litem should the circumstances of the particular case so require.

210.842. The court may [order] enter judgment in the amount of the reasonable fees for counsel, experts, the child's guardian ad litem, and other costs of the action and pretrial proceedings, including blood tests, to be paid by the parties in such proportions and at such times as determined by the court, except that:

(1) No fees or costs shall be assessed to an indigent party prior to final adjudication of paternity or as a condition precedent to blood tests; and

(2) No such costs, other than the costs of blood tests and any other fees or charges assessed pursuant to subsection 4 of section 210.834, shall be assessed to the state of Missouri or a political subdivision thereof.

302.137. 1. There is hereby created in the state treasury for use by the department of public safety a fund to be known as the "Motorcycle Safety Trust Fund". All [court fees] judgments collected [under] pursuant to this section, appropriations of the general assembly, federal grants, private donations and any other moneys designated for the motorcycle safety education program established [under] pursuant to sections 302.133 to 302.138 shall be deposited in the fund. Moneys deposited in the fund shall, upon appropriation by the general assembly to the department of public safety, be received and expended by the department of public safety for the purpose of funding the motorcycle safety education program established under sections 302.133 to 302.138. Notwithstanding the provisions of section 33.080, RSMo, to the contrary, any unexpended balance in the motorcycle safety trust fund at the end of any biennium shall not be transferred to the general revenue fund.

2. Any person who violates a Missouri law or a municipal or county ordinance [as an], when the court finds that the violation occurred when the defendant was the operator of a motorcycle or motortricycle, shall [be assessed additional court costs] have a judgment entered against the defendant in favor of the state of Missouri - motorcycle safety trust fund, in the amount of five dollars. Any motor vehicle operator who violates a state law or municipal or county ordinance where the violation involves a motorcycle or motortricycle or where the operator causes an accident involving a motorcycle or motortricycle shall [be assessed additional court costs] have a judgment entered against the defendant in favor of the state of Missouri - motorcycle safety trust fund, of an additional amount of five dollars.

3. [Each court cost assessed under] The amounts assessable as judgments pursuant to this section shall be doubled if the operator at fault is found by the court to have violated any state law or local ordinance relating to the consumption of alcohol.

4. The [court costs] judgments collected [under] pursuant to this section [by the clerks of the courts] shall be paid into the state treasury to the credit of the motorcycle safety trust fund created in this section. Any court clerk receiving funds pursuant to judgments entered pursuant to this section shall collect and disburse such amounts as provided in section 514.015, RSMo.

429.090. It shall be the duty of the clerk of the circuit court to endorse upon every account the date of its filing, and make an abstract thereof in a book by [him] such clerk to be kept for that purpose, and properly endorsed and indexed, containing the date of its filing, the name of the person seeking to enforce the lien, the amount claimed, the name of the person against whose property the lien is filed, and a description of the property charged with the same[, for all which the clerk shall receive as full compensation the sum of five dollars from the person filing the account or seeking to enforce the lien, which shall be taxed and collected as other costs, in case there be an action thereon].

429.120. Whenever any debt, which is a lien upon any building or other improvement, shall be paid or satisfied, the creditor, if required, shall acknowledge such satisfaction upon the record or the margin thereof, in the office of the clerk of the circuit court[, for which said clerk shall be allowed a fee of twenty-five cents].

442.035. 1. If any property, real or personal, including homestead property, is held by a husband and wife as tenants by the entirety, whether such entireties estate was created before or is created after the effective date of this section, and if one spouse is an adult and competent and the other spouse is under the age of eighteen or disabled as defined in chapter 475, RSMo, or if both spouses are under the age of eighteen or disabled, or if one spouse is under the age of eighteen and the other is disabled, the conservator of any such spouse, subject to the provisions of subsections 2 and 3 shall have full power to act for [his] such conservator's protectee and to do all things with respect to the property that the protectee [himself] could do if [he] such protectee were an adult and competent; and without limiting the generality of the foregoing, the conservator acting with the other spouse or the other conservator may sell, convey, exchange, mortgage or pledge to secure loans of cash or purchase money, lease, invest, reinvest, partition the property or its proceeds in equal shares, convert the property or its proceeds into a tenancy in common in equal shares, or otherwise dispose of the property.

2. The power confirmed in a conservator by this section shall at all times be subject to the approval, control, and supervision of the probate division of the circuit court having venue of the conservatorship. Either the conservator or the adult and competent spouse may petition or apply to the appropriate court for approval of an agreed proposed disposition of property held by entireties. In the event the court finds that the proposed disposition is fair and equitable to the protectee taking into consideration all of the circumstances of the case including the proper interests of the other spouse, the court shall make appropriate authorization of disposition and such orders as are necessary and proper in the case. Insofar as is practicable, procedure in the probate division of the circuit court shall be in accord with the procedure provided in chapter 475, RSMo, for a similar type of disposition of property. The court in its discretion may tax the costs[, including the fee allowed the guardian ad litem,] against both parties in equal or unequal shares, or solely against one party, or solely against the other party.

3. If one of the spouses who hold by entireties is the conservator of the other spouse, such conservator shall not represent [his] such conservator's protectee in any negotiations for agreement respecting disposition of the entireties property or in any proceedings for approval of an agreed proposed disposition of such property, but in all such matters the protectee shall be represented by a guardian ad litem. In such cases, on petition or application by the adult and competent spouse, acting individually or as conservator, for disposition of the entireties property, the court shall appoint a guardian ad litem to represent the protectee in the matter of a proposed disposition of the property, and the guardian ad litem shall represent the protectee in any negotiations for agreement with the adult and competent spouse and in any proceedings for approval of the agreed proposed disposition of the property. In the event the agreed proposed disposition is approved by the court, the guardian ad litem shall be discharged and the conservator shall resume [his] such conservator's full conservatorship and shall do all things necessary to carry into effect the disposition of the property as approved pursuant to authorization and orders by the court. In the event no agreement is reached after a reasonable time with reference to disposition of the property, the guardian ad litem shall be discharged.

4. This section has no application to the conveyance, encumbrance or sale of property by a person under the age of eighteen who holds such property as a tenant by the entirety and who is authorized by law to make such conveyance, encumbrance or sale in person.

452.330. 1. In a proceeding for dissolution of the marriage or legal separation, or in a proceeding for disposition of property following dissolution of the marriage by a court which lacked personal jurisdiction over the absent spouse or lacked jurisdiction to dispose of the property, the court shall set apart to each spouse [his] such spouse's nonmarital property and shall divide the marital property in such proportions as the court deems just after considering all relevant factors including:

(1) The economic circumstances of each spouse at the time the division of property is to become effective, including the desirability of awarding the family home or the right to live therein for reasonable periods to the spouse having custody of any children;

(2) The contribution of each spouse to the acquisition of the marital property, including the contribution of a spouse as homemaker;

(3) The value of the nonmarital property set apart to each spouse;

(4) The conduct of the parties during the marriage; and

(5) Custodial arrangements for minor children.

2. For purposes of sections 452.300 to 452.415 only, "marital property" means all property acquired by either spouse subsequent to the marriage except:

(1) Property acquired by gift, bequest, devise, or descent;

(2) Property acquired in exchange for property acquired prior to the marriage or in exchange for property acquired by gift, bequest, devise, or descent;

(3) Property acquired by a spouse after a decree of legal separation;

(4) Property excluded by valid written agreement of the parties; and

(5) The increase in value of property acquired prior to the marriage or pursuant to subdivisions (1) to (4) of this subsection, unless marital assets including labor, have contributed to such increases and then only to the extent of such contributions.

3. All property acquired by either spouse subsequent to the marriage and prior to a decree of legal separation or dissolution of marriage is presumed to be marital property regardless of whether title is held individually or by the spouses in some form of coownership such as joint tenancy, tenancy in common, tenancy by the entirety, and community property. The presumption of marital property is overcome by a showing that the property was acquired by a method listed in subsection 2 of this section.

4. Property which would otherwise be nonmarital property shall not become marital property solely because it may have become commingled with marital property.

5. The court's order as it affects distribution of marital property shall be a final order not subject to modification; provided, however, that orders intended to be qualified domestic relations orders affecting pension, profit sharing and stock bonus plans pursuant to the U. S. Internal Revenue Code shall be modifiable only for the purpose of establishing or maintaining the order as a qualified domestic relations order or to revise or conform its terms so as to effectuate the expressed intent of order.

6. A certified copy of any decree of court affecting title to real estate may be filed for record in the office of the recorder of deeds of the county and state in which the real estate is situated by the clerk of the court in which the decree was made. [Such filing fees shall be taxed as costs in the cause.]

452.345. 1. As used in sections 452.345 to 452.350, the term "IV-D case" shall mean a case in which support rights have been assigned to the state of Missouri pursuant to section 208.040, RSMo, or where the Missouri division of child support enforcement is providing support enforcement services pursuant to section 454.425, RSMo.

2. At any time the court, upon its own motion, may, or upon the motion of either party shall, order that maintenance or support payments be made to the circuit clerk as trustee for remittance to the person entitled to receive the payments. The circuit clerk shall remit such support payments to the person entitled to receive the payments within three working days of receipt by the circuit clerk. Circuit clerks shall deposit all receipts no later than the next working day after receipt. Payment by a nonguaranteed negotiable financial instrument occurs when the instrument has cleared the depository institution and has been credited to the trust account.

3. The circuit clerk shall maintain records listing the amount of payments, the date when payments are required to be made, and the names and addresses of the parties affected by the order. [The circuit clerk shall charge ten dollars per year as costs for maintaining records, which fee shall be deducted from the first payment made each calendar year, that no fee shall be charged for maintaining records for any IV-D case. This fee shall be paid to county or city general revenue.]

4. The parties affected by the order shall inform the circuit clerk of any change of address or of other conditions that may affect the administration of the order.

5. For any case except a IV-D case, if a party becomes delinquent in maintenance or support payments in an amount equal to one month's total support obligation, provisions of this subsection shall apply. If the circuit clerk has been appointed trustee under subsection 2 of this section, or if the person entitled to receive the payments files with the clerk an affidavit stating the particulars of the obligor's noncompliance, the circuit clerk shall send by regular mail notice of the delinquency to the obligor. This notice shall advise the obligor of the delinquency, shall state the amount of the obligation, and shall advise that the obligor's income is subject to withholding for repayment of the delinquency and for payment of current support, as provided in section 452.350. For such cases, the circuit clerk shall, in addition to the notice to the obligor, send by regular mail a notice to the obligee. This notice shall state the amount of the delinquency and shall advise the obligee that income withholding, pursuant to section 452.350, is available for collection of support delinquencies and current support, and if the support order includes amounts for child support, that support enforcement services, pursuant to section 454.425, RSMo, are available through the Missouri division of child support enforcement of the department of social services.

452.395. 1. Custody proceedings shall receive priority in being set for hearing.

2. [The court may tax as costs the payment of necessary travel and other expenses incurred by any person whose presence at the hearing the court deems necessary to determine the best interests of the child.

3.] The court without a jury shall determine questions of law and fact. If it finds that a public hearing may be detrimental to the child's best interests, the court may exclude the public from a custody hearing, but may admit any person who has a direct and legitimate interest in the particular case.

[4.] 3. If the court finds it necessary to protect the child's welfare that the record of any interview, report, investigation, or testimony in a custody proceeding be kept secret, the court may make an appropriate order sealing the record.

452.402. 1. The court may grant reasonable visitation rights to the grandparents of the child and issue any necessary orders to enforce the decree. The court may grant grandparent visitation when:

(1) The parents of the child have filed for a dissolution of their marriage. A grandparent shall have the right to intervene in any dissolution action solely on the issue of visitation rights. Grandparents shall also have the right to file a motion to modify the original decree of dissolution to seek visitation rights when such rights have been denied to them;

(2) One parent of the child is deceased and the surviving parent denies reasonable visitation rights; or

(3) A grandparent is unreasonably denied visitation with the child for a period exceeding ninety days.

2. The court shall determine if the visitation by the grandparent would be in the child's best interest or if it would endanger the child's physical health or impair his emotional development. Visitation may only be ordered when the court finds such visitation to be in the best interests of the child. The court may order reasonable conditions or restrictions on grandparent visitation.

3. If the court finds it to be in the best interests of the child, the court may appoint a guardian ad litem for the child. The guardian ad litem shall be an attorney licensed to practice law in Missouri. The guardian ad litem may, for the purpose of determining the question of grandparent visitation rights, participate in the proceedings as if [he] such guardian ad litem were a party. The court shall [allow] enter judgment allowing a reasonable fee to the guardian ad litem [to be taxed as costs in the proceedings].

4. A home study, as described by section 452.390, may be ordered by the court to assist in determining the best interests of the child.

5. The court may, in its discretion, consult with the child regarding the child's wishes in determining the best interest of the child.

6. The right of a grandparent to seek or maintain visitation rights under this section may terminate upon the adoption of the child except where the child is adopted by a stepparent, another grandparent or other blood relative.

7. The court may award reasonable attorneys fees and expenses to the prevailing party.

452.423. 1. In all proceedings for child custody or for dissolution of marriage or legal separation where custody, visitation, or support of a child is a contested issue, the court may appoint a guardian ad litem. The court shall appoint a guardian ad litem in any proceeding in which child abuse or neglect is alleged.

2. The guardian ad litem shall:

(1) Be the legal representative of the child at the hearing, and may examine, cross-examine, subpoena witnesses and offer testimony;

(2) Prior to the hearing, conduct all necessary interviews with persons having contact with or knowledge of the child in order to ascertain the child's wishes, feelings, attachments and attitudes. If appropriate, the child should be interviewed;

(3) Request the juvenile officer to cause a petition to be filed in the juvenile division of the circuit court if the guardian ad litem believes the child alleged to be abused or neglected is in danger.

3. The appointing judge shall require the guardian ad litem to faithfully discharge [his] such guardian ad litem's duties, and upon failure to do so shall discharge [him] such guardian ad litem and appoint another. The judge in making appointments pursuant to this section shall give preference to persons who served as guardian ad litem for the child in the earlier proceeding, unless there is a reason on the record for not giving such preference.

4. The guardian ad litem shall be awarded a reasonable fee for such services to be set by the court. The court, in its discretion, may award such fees as a judgment to be paid by any party to the proceedings[, or may tax such fees as costs to be paid by the party against whom costs are taxed,] or from public funds. Such an award of guardian fees shall constitute a final judgment in favor of the guardian ad litem. Such final judgment shall be enforceable against the parties in accordance with chapter 513, RSMo.

5. The court may designate volunteer advocates, who may or may not be attorneys licensed to practice law, to assist in the performance of the guardian ad litem duties for the court. The volunteer advocate shall be provided with all reports relevant to the case made to or by any agency or person and shall have access to all records of such agencies or persons relating to the child or [his] such child's family members. Any such designated person shall receive no compensation from public funds. This shall not preclude reimbursement for reasonable expenses.

452.490. 1. The court may order any party to the proceeding who is in this state to appear personally before the court. If the court finds the physical presence of the child in court to be in the best interests of the child, the court may order that the party who has physical custody of the child appear personally with the child.

2. If a party to the proceeding whose presence is desired by the court is outside this state, with or without the child, the court may order that the notice given under section 452.460 include a statement directing that party to appear personally with or without the child.

3. If a party to the proceeding who is outside this state is directed to appear under subsection 1 of this section or desires to appear personally before the court with or without the child, the court may require another party to pay to the clerk of the court travel and other necessary expenses of the party so appearing and of the child, if this is just and proper under the circumstances.

4. If the court finds it to be in the best interest of the child that a guardian ad litem be appointed, the court may appoint a guardian ad litem for the child. The guardian ad litem so appointed shall be an attorney licensed to practice law in the state of Missouri. The guardian ad litem may, for the purpose of determining custody of the child only, participate in the proceedings as if [he] such guardian ad litem were a party. The court shall [allow] enter judgment allowing a reasonable fee to the guardian ad litem [to be taxed as costs in the proceeding].

452.610. The fees or costs of educational sessions under sections 452.600 to 452.610 shall be less than seventy-five dollars per person and shall be borne by the parties [and shall be assessed by the court as court costs] as deemed equitable.

454.150. An initiating court shall not require the payment of either a filing fee or other costs from the obligee, but may request the responding court to collect fees and costs from the obligor. A responding court shall not require the payment of a filing fee or other costs from the obligee, but it may direct that all fees and costs requested by the initiating court and incurred in this state when acting as a responding state[, including fees for the filing of pleadings, service of process, seizure of property, stenographic or duplication service, or other service supplied to the obligor,] be paid in whole or in part by the obligor or by the appropriate county of the initiating state. These costs or fees do not have priority over amounts due to the obligee.

455.205. 1. The governing body of any county, or of any city not within a county, by order or ordinance to be effective prior to January 1, 1997, may impose a fee upon the issuance of a marriage license and may impose a [fee] surcharge upon the entry of a decree of dissolution of marriage by a circuit court under the provisions of section 452.305, RSMo.

2. The fee imposed upon the issuance of a marriage license shall be five dollars, shall be paid by the person applying for the license, and shall be collected by the recorder of deeds at the time the license is issued. The [fee] surcharge imposed upon the entry of a decree of dissolution of marriage shall be ten dollars, shall be paid by the party who filed the petition, and shall be collected and disbursed by the clerk of the court [as other costs of the proceedings are collected] in the manner provided by section 514.015, RSMo. Such amounts shall be payable to the treasuries of the counties from which such surcharges were paid.

3. At the end of each month, the recorder of deeds [and the clerk of the circuit court] shall file a verified report with the county commission of the fees collected pursuant to the provisions of subsection 2 of this section. The report may be consolidated with the monthly report of other fees collected by such officers. Upon the filing of the reports the recorder of deeds [and the clerk of the circuit] shall forthwith pay over to the county treasurer all fees collected pursuant to subsection 2 of this section. The county treasurer shall deposit all such fees upon receipt in a special fund to be expended only to provide financial assistance to shelters for victims of domestic violence as provided in sections 455.200 to 455.230.

[473.420. Whenever a claim or offsets or counterclaims thereto exceed one hundred dollars and either party demands a jury, one shall be summoned and the trial conducted before it; in all other cases the claim, offsets and counterclaims shall be tried by the court without a jury. A party, other than an executor or administrator, demanding a jury, before the same is summoned, shall deposit with the clerk an amount as estimated by the judge or clerk to be sufficient to pay the costs of the jury.]

473.618. 1. Any judgment creditor of a distributee desiring notice of any partial or final distribution or both, may, at any time subsequent to the granting of letters testamentary or of administration, file with the clerk of the probate division of the circuit court having jurisdiction a duly acknowledged request for such notice and shall cause a copy of the request to be served upon the personal representative administering the estate or upon [his] such representative's attorney of record. The request shall specify the name and address of the judgment creditor, the name of the debtor-distributee and the identity of the estate. A separate request shall be filed for each judgment creditor of a distributee desiring notice [and a fee of ten dollars shall accompany each request]. After the serving and filing of any such request, any distributee mentioned in the request may be referred to as a "debtor-distributee".

2. No partial or final distribution shall be made by a supervised or independent personal representative to a debtor-distributee after the serving and filing of any such request until at least twenty days after such representative has caused to be deposited in the United States mail an envelope certified or registered, and with postage fully prepaid, enclosing a notice of the distribution and the date when such distribution will be made, addressed to each person whose name and address is set forth in a request served and filed as provided in subsection 1 of this section. Actual receipt by the addressee of the envelope shall not be necessary to establish compliance with the requirements of this section. The receipt issued by the United States Post Office for certified or registered mail to evidence that the envelope has been delivered by the personal representative to the United States Post Office shall constitute proof of compliance with the notice requirements of this section. Any distribution made by any personal representative to a debtor-distributee prior to the time specified in the notice required by this subsection shall not discharge such representative as against a garnishment, attachment or other judicial process with respect to such debtor-distributee which is served upon such representative or upon [his] such representative's attorney of record by or in behalf of any judgment creditor who has served and filed a request as described in subsection 1 of this section if such distribution is made after the serving and filing of such request by such judgment creditor and if such garnishment, attachment or other judicial process is served upon such personal representative or [his] such representative's attorney of record prior to the scheduled date of such distribution.

474.510. 1. A will may be deposited by the person making it, or by [some person for him] such person's agent, with the probate division of any circuit court, to be safely kept until delivered or disposed of as hereinafter provided. The clerk of the court[, on being paid a fee of three dollars therefor,] shall receive and keep the will, and give a certificate of deposit for it.

2. Every will intended to be deposited shall be [enclosed in a] sealed [wrapper] in an appropriate manner approved by the circuit court, en banc, subject to administrative rules of the supreme court, which shall have endorsed thereon "Will of", followed by the name of the testator. The clerk of the court shall endorse thereon the day when, and the person by whom, it was delivered. The wrapper may also be endorsed with the name of the person to whom the will is to be delivered after the death of the testator. It shall not be opened or read until delivered to a person entitled to receive it, or otherwise disposed of as hereinafter provided.

3. During the lifetime of the testator, the will shall be delivered only to [him] such testator, or to some person authorized by [him] such testator by an order in writing duly proved by the oath of a subscribing witness. After [his] the testator's death, the clerk shall notify the person named in the endorsement on the wrapper of the will, if there is a person so named, and deliver it to [him] such person.

4. If the will is not delivered to a person named in the endorsement on the wrapper, it shall be publicly opened in the court within thirty days after notice of the testator's death, and be retained by the court until offered for probate. Notice shall be given to the executor named therein and to such other persons as the court may designate. If the proper venue is in another court, the will shall be transmitted to such court; but before such transmission a true copy thereof shall be made and retained in the court in which the will was deposited.

476.053. 1. In addition to all other court costs provided by law, in all civil cases filed in the circuit courts of this state and in all criminal cases including violations of any municipal or county ordinance [heard by an associate circuit judge] or any violation of criminal or traffic laws of this state, including an infraction, a [fee of seven dollars] surcharge in an amount determined pursuant to section 514.015, RSMo, shall be assessed as costs, except that, no such [fee] surcharge shall be collected in any proceeding involving a violation of an ordinance or state law when [the] a criminal proceeding or defendant has been dismissed by the court or when costs are waived or are to be paid by the state, county, or municipality [on behalf of an indigent defendant].

2. The moneys collected by clerks of the courts pursuant to the provisions of this section shall be [paid to the director of revenue as provided in subsection 4 of section 483.550] collected and disbursed as provided by section 514.015, RSMo. All such moneys shall be payable to the director of revenue, who shall deposit all amounts collected pursuant to this section to the credit of the statewide court automation fund which is established in section 476.055.

3. The assessment of court costs authorized by this section shall apply to all cases filed on or after September 1, 1994.

478.401. 1. The circuit and associate circuit judges of the circuit court in any city not within a county shall require any party filing [suit] a civil case in the circuit court, at the time of filing suit, to deposit with the circuit clerk a [sum] surcharge in the amount of thirty-five dollars, in addition to all other [deposits] court costs now or hereafter required by law or court rule, and no summons shall be issued until such [deposit] surcharge has been [made] paid. This section shall not apply to [cases within probate jurisdiction, or cases filed under small claims procedures, or adult abuse cases filed pursuant to chapter 455, RSMo, or to criminal suits] proceedings when costs are waived or paid by the state, county or municipality.

2. [On or before the tenth day of January each year and on or before the last day of June, each circuit clerk shall pay the entire fund created by such deposits during the preceding six months] Such funds shall be payable to the treasury of any city not within a county to be credited to a courthouse restoration fund, which shall bear interest, to be used by any city not within a county only for the restoration, maintenance, and upkeep of the courthouses; provided, that the courthouse restoration fund may be pledged to directly or indirectly secure bonds to fund such costs. All funds collected pursuant to this section before August 28, 1995, shall be credited to the courthouse restoration fund provided for in this section, to be used pursuant to the provisions of this section.

3. This section shall expire on August 28, 2033.

479.260. 1. Municipalities by ordinance may provide for [court costs] fees in an amount [not to exceed twelve dollars] per case to be set pursuant to section 514.015, RSMo, for each municipal ordinance violation case filed before a municipal judge, and in the event a defendant pleads guilty or is found guilty, the judge may assess costs against the defendant except in those cases where the defendant is found by the judge to be indigent and unable to pay the costs. The [costs] fees authorized in this subsection are in addition to service [costs] charges, witness fees and jail costs that may otherwise be authorized to be assessed, but are in lieu of other court [or judge] costs [or fees]. [Such costs] The fees provided by this subsection shall be collected by the municipal division clerk in municipalities electing to have violations of municipal ordinances tried before a municipal judge pursuant to section 479.020, or to employ judicial personnel pursuant to section 479.060, and disbursed as provided in subsection 1 of section 479.080. Any other court costs required in connection with such cases shall be collected and disbursed as provided in section 514.015, RSMo.

2. In municipal ordinance violation cases which are filed before an associate circuit judge, [court costs] fees shall be assessed in [the amount of fifteen dollars] per case in an amount to be set pursuant to section 514.015, RSMo. In the event a defendant pleads guilty or is found guilty, the judge shall assess costs against the defendant except in those cases where the defendant is found by the judge to be indigent and unable to pay the costs. In the event a defendant is acquitted or the case is dismissed, the judge shall not assess costs against the municipality. The costs authorized in this subsection are in addition to service [costs] charges, witness fees and jail costs that may otherwise be authorized to be assessed, but are in lieu of other court costs. [Such] The costs provided by this subsection shall be collected by the municipal division clerk [or as provided by court rule] in municipalities electing to have violations of municipal ordinances tried before a municipal judge pursuant to section 479.020, or to employ judicial personnel pursuant to section 479.060, and disbursed as provided in subsection 2 of section 479.080. Any other court costs required in connection with such cases shall be collected and disbursed as provided in section 514.015, RSMo.

3. A municipality, when filing cases before an associate circuit judge, shall not be required to pay [a filing fee] fees.

4. No fees for a judge, city attorney or prosecutor shall be assessed as costs in a municipal ordinance violation case.

5. In municipal ordinance violation cases, when there is an application for a trial de novo, there shall be an additional fee [of thirty dollars] in an amount to be set pursuant to section 514.015, RSMo, which shall be assessed [as court costs] in the same manner as provided in subsection 2 of this section.

6. Municipalities by ordinance may provide for a schedule of costs to be paid in connection with pleas of guilty which are processed in a traffic violations bureau. If a municipality files its municipal ordinance violation cases before a municipal judge, such costs shall not exceed the court costs authorized by subsection 1 of this section. If a municipality files its municipal ordinance violations cases before an associate circuit judge, such costs shall not exceed the court costs authorized by subsection 2 of this section.

479.261. 1. In addition to all other court costs for county or municipal ordinance violations, any county or any city having a shelter for victims of domestic violence established pursuant to sections 455.200 to 455.230, RSMo, or any municipality within a county which has such shelter, or any county or municipality whose residents are victims of domestic violence and are admitted to such shelters may, by order or ordinance to be effective prior to January 1, 1997, provide for an additional [court cost] surcharge in an amount not to exceed one dollar per case for each criminal case including county or municipal ordinance violation case filed before a municipal division judge or associate circuit judge. [The judge may waive assessment of the cost in those cases where the defendant is found by the judge to be indigent and unable to pay the cost.] No surcharge shall be collected in any proceeding when the proceeding or defendant has been dismissed by the court or when costs are to be paid by the state, county or municipality. Such [cost shall be] surcharges collected by [the clerk and] municipal clerks in municipalities electing to have violations of municipal ordinances tried before a municipal judge pursuant to section 479.020, or to employ judicial personnel pursuant to section 479.060, shall be disbursed to the [county or] city at least monthly, and such surcharges collected by circuit court clerks shall be collected and disbursed as provided by section 514.015, RSMo. Such fees shall be payable to the city or county wherein such fees originated. The county or city shall use such [additional costs] moneys only for the purpose of providing operating expenses for shelters for battered persons as defined in sections 455.200 to 455.230, RSMo.

2. The state highway patrol shall include in its voluntary system of reporting for compilation in the "Missouri Crime Index" all reported incidents of domestic violence, whether or not an arrest is made. All incidents shall be reported on forms provided by the highway patrol and in a manner prescribed by the patrol. For purposes of this subsection only, "domestic violence" shall be defined as any dispute arising between spouses, former spouses, persons related by blood or marriage, individuals who are presently residing together or have resided together in the past and persons who have a child in common regardless of whether they have been married or have resided together at any time.

482.345. 1. A person filing an action in small claims court shall pay [a ten-dollar filing fee, unless the claim is less than one hundred dollars then the filing fee will be five dollars] court costs and a deposit as security for costs in amounts determined pursuant to section 514.015, RSMo.

2. A person filing an action in small claims court shall pay the cost of service and other process in advance.

3. [Except as otherwise provided in this section, no fee or costs shall be required to initiate or prosecute an action in small claims court.

4. The plaintiff in a small claims court action shall not be required to give security for costs.

5.] The court may in its discretion award the fees and assess the costs provided in this section.

[6.] 4. All [filing fees] court costs shall be disbursed in accordance with section [483.545] 514.015, RSMo.

483.015. 1. At the general election in the year 1982, and every four years thereafter, except as herein provided and except as otherwise provided by law, circuit clerks shall be elected by the qualified voters of each county [and of the city of St. Louis, who] shall be commissioned by the governor, and shall enter upon the discharge of their duties on the first day in January next ensuing their election, and shall hold their offices for the term of four years, and until their successors shall be duly elected and qualified, unless sooner removed from office.

2. The court administrator for Jackson County provided by the charter of Jackson County shall be selected as provided in the county charter and shall exercise all of the powers and duties of the circuit clerk of Jackson County. The director of judicial administration and the circuit clerk of St. Louis County shall be selected as provided in the charter of St. Louis County. Prior to December 31, 1998, the circuit court in the twenty-second judicial circuit en banc shall appoint a circuit clerk for the city of St. Louis. Such circuit clerk shall hold and exercise the duties of such office under the direction of the judges of the circuit en banc, subject to the administrative rules of the supreme court relating to the circuit court personnel system. Such appointment shall take effect January 1, 1999.

3. When provision is made in a county charter or constitution for the appointment of a court administrator to perform the duties of a circuit clerk or for the appointment of a circuit clerk, such provisions shall prevail over the provisions of this chapter providing for a circuit clerk to be elected. The persons appointed to fill any such appointive positions shall be paid by the counties as provided by the county charter, constitution or ordinance; provided, however, that [if provision is now or hereafter made by law for the salaries of circuit clerks to be paid by the state,] the state shall pay over to the county a sum which is equivalent to the salary that would be payable by law by the state to [an elected] a circuit clerk in such county if such charter provision was not in effect, or if such person is appointed by the circuit court en banc as provided by this chapter. The sum shall be paid in [semimonthly or monthly] such periodic installments[,] as is designated by the commissioner of administration.

4. Any circuit clerk elected or appointed by the court pursuant to this section shall deliver up all records, books, papers, writings, computer and electronic records and equipment, seals, furniture and apparatus belonging to the office, complete, secure and undefaced, to such officer's successor.

483.083. 1. Each circuit clerk shall annually receive as compensation the following amounts as base salary:

(1) In counties of the first classification, thirty-six thousand one hundred forty-five dollars; except those counties where court is held in two cities, in which instance an additional four thousand dollars shall be added to the base salary;

(2) In all counties of the second or fourth classification, thirty-one thousand nine hundred seventy-eight dollars; except those counties where court is held in two cities, thirty-five thousand five hundred forty-nine dollars;

(3) In the counties of the third classification, twenty-seven thousand two hundred eighteen dollars except those counties where court is held in two cities; thirty thousand three hundred eight dollars; except Marion County circuit clerks, district one and district two in Hannibal, thirty-one thousand three hundred eighty-three dollars;

(4) In the city of St. Louis, sixty-seven thousand three hundred sixty dollars;

(5) The compensation of circuit clerks provided by this subsection shall annually be increased by an amount equivalent to the annual salary adjustment approved pursuant to section 476.405, RSMo, for employees of the judicial department.

2. Such circuit clerks shall receive in addition to any salary provided by this section any salary adjustment provided pursuant to section 476.405, RSMo.

3. In the event the judge orders child support payments in Marion County to be made through the clerk, the clerk shall annually, on or before February first of each year, charge ten dollars per year to each such person so obligated to make child support payments, which fee shall be paid to the state.

4. Payment of the compensation provided in this section shall be payable in equal monthly installments, [except that the salary of the circuit clerk of the city of St. Louis shall be paid in semimonthly installments and] except that all such compensation paid by the state shall be paid in installments as provided in section 33.100, RSMo. The compensation of all circuit clerks shall be paid by the state and they shall be considered state employees [for all purposes except the manner of their selection, appointment or removal from office]; except that, the circuit clerk of [the city of St. Louis, the circuit clerk of] St. Louis County and the court administrator of Jackson County shall continue to be paid by [the city and] those counties and shall not become state employees, but [the city of St. Louis,] St. Louis County and Jackson County shall each be paid an amount which is equivalent to a circuit clerk's salary as provided in subsection 3 of section 483.015.

5. The compensation provided in this section shall be in lieu of all fees, and all fees collected shall be paid over to the state or to the counties and the city of St. Louis as otherwise provided by law.

483.310. 1. Whenever any funds other than court costs collected and disbursed pursuant to subsection 3 of section 514.015, RSMo, are paid into the registry of any circuit court and the court determines, upon its own finding or after application by one of the parties, that such funds can be reasonably expected to remain on deposit for a period sufficient to provide income through investment, the court may make an order directing the clerk to deposit such funds as are described in the order in savings deposits in banks, savings and loan associations, or in United States treasury bills. Deposits of such funds in any bank or savings and loan association shall not exceed the limits of the federal deposit insurance on accounts in such institution. All such accounts shall be in the name of the "Clerk of the .......... Court as Trustee in .......... (Style and Cause Number)", the exact name to be prescribed in the court's order. The court may prescribe a bond or other guarantee for the security of the fund. Necessary costs, including reasonable costs for administering the investment, may be paid from the income received from the investment of the trust fund. The net income so derived shall be added to and become a part of the principal.

2. In the absence of such an application by one of the parties within sixty days from the payment of such funds into the registry of the court, the clerk of the court may invest funds placed in the registry of the court in savings deposits in banks or savings and loan associations carrying federal deposit insurance to the extent of the insurance or in United States treasury bills and the income derived therefrom may be used by the clerk for paying the premiums on bonds of employees of the clerk, rent on safety deposit boxes, subscriptions on publications available pursuant to section 477.235, RSMo, books and publications of the Missouri bar and books and other publications and materials published by the state of Missouri, printing of pamphlets or booklets of the rules adopted by the court or clerk and forms used in the court which comply with the statutes of the state of Missouri and the rules of the supreme court, copies of which shall be distributed to litigants and members of the bar practicing in the court, and other expenditures of the circuit clerk's office, and the balance, if any, shall be paid into the general revenue fund of the county, except that when provision is made in a county charter for the appointment of a court administrator to perform the duties of a circuit clerk or for the appointment of a circuit clerk by the court, such income may also be used for any expenditures of the court other than expenditures for travel or entertainment. If any application for the investment of such funds is filed by one of the parties after sixty days, an order may be entered providing for investment of funds as provided in subsection 1 of this section, and the clerk shall thereupon reinvest such funds within a reasonable time thereafter in accordance with the order.

3. As used in this section and section 483.312, the term "clerk" shall mean the circuit clerk with respect to funds in those cases for which the circuit clerk is responsible for collecting [fees] court costs as provided in [subsection 1 of] section 483.550 and shall also mean those clerks who are designated by or pursuant to [subsections 2 and 3 of] section 483.550 to collect [fees] court costs with respect to funds in those cases for which they are so made responsible for collecting [fees.] court costs.

4. If a clerk is charged by a court with collecting any moneys which are not court costs as defined by section 514.015, RSMo, the clerk may use any of the procedures provided by section 514.015, RSMo, to collect such funds, if not paid as ordered by the court.

483.312. 1. Whenever any funds subject to section 483.310 placed in the registry of the circuit court in any county, and in cities now having or which hereafter have six hundred thousand inhabitants or more, are deposited in a banking institution, the funds in excess of the amount, if any, of federal deposit insurance carried by said banking institution under the law as it now exists or as it may be hereafter amended, shall be secured by the depositary by the deposit of securities of the character prescribed by section 30.270, RSMo, for the security of funds deposited by the state treasurer under the provisions of section 30.240, RSMo.

2. The securities shall have a constant value equal to the excess of the deposit over the federal deposit insurance, if any, and at the option of the depositary banking institution, be delivered to the clerk, or be deposited with such disinterested banking institution or safe depositary as trustee as may be satisfactory to both parties to the depositary agreement.

3. The rights and duties of the several parties to the depositary contract shall be the same as those of the state and the depositary banking institution respectively under section 30.270, RSMo. If a depositary banking institution deposits the bonds or securities with a trustee as above provided, and the clerk gives notice in writing to the trustee that there has been a breach of the depositary contract and makes demand in writing on the trustee for the securities, or any part thereof, then the trustee shall forthwith surrender to the clerk a sufficient amount of the securities as may fully protect the depositor from loss and the trustee shall thereby be discharged of all further responsibility in respect to the securities so surrendered.

483.500. 1. Clerks of the supreme court and court of appeals[, in lieu of other fees,] shall severally be allowed and paid by the appellant or plaintiff in error [a fee of fifty dollars, which shall include all the costs in the case, including a certified copy of the opinion and mandate to the court from which the cause shall be sent, and all fee bills and executions issued in the cause] court costs in an amount determined pursuant to section 514.015, RSMo; provided, that nothing herein shall be construed to apply to [anyone who was permitted, as provided by law, to sue as a poor person] proceedings when costs are waived or are to be paid by the state, county or municipality.

2. If the judgment of the supreme court or court of appeals is in favor of the appellant or plaintiff in error, the clerks shall [tax] assess the fee provided herein in favor of the appellant or plaintiff in error[, and it shall] which may be [their duty to issue fee bills or writs of execution in all cases in favor of the successful party, after the adjournment of each term of the court, including therein all the costs that have accrued in the supreme court or court of appeals, and receiving for the writs or fee bills the fee now] collected in the manner provided by [law] section 514.460, RSMo.

3. Such clerks shall [be allowed a reasonable fee] collect court costs for other services in such amounts as are determined [by each clerk] pursuant to section 514.015, RSMo.

483.505. The clerk of the supreme court shall keep a true and accurate account of all fees earned in [his] such clerk's office [in a suitable book provided for that purpose. Such fees shall be paid into the state treasury at least monthly].

483.510. The clerk of each of the districts of the court of appeals shall keep a true and accurate account of all fees earned in [his] such clerk's office [in a suitable book provided for that purpose. Such fees shall be paid into the state treasury at least monthly].

483.530. The clerk who is responsible for collecting fees [under] pursuant to the provisions of section 483.550 shall charge and collect the [following fees:

(1) In misdemeanor cases where there is no application for a trial de novo, the sum of $15;

(2) In misdemeanor cases where there is an application for a trial de novo, the sum of $45 in addition to the fee provided in subdivision (1);

(3) In felony cases, the sum of $15 in each preliminary hearing;

(4) In felony cases, the sum of $30 for each information or indictment filed;

(5) In municipal ordinance violation cases, the sum or sums provided in section 479.260, RSMo;

(6) For each civil case which is instituted and maintained under procedures provided in chapter 517, RSMo, or to which such chapter 517, RSMo, procedures have application, the following sums:

Each such case instituted ................................. $15 Each additional summons issued for additional defendants .. $ 1 Each alias summons issued ................................. $ 1 Each pluralis summons issued .............................. $ 1 Each third party summons issued ........................... $ 1;

(7) For each civil case which is instituted and maintained under small claims court procedures, the sum or sums provided in section 482.345, RSMo;

(8) In cases processed under chapter 517, RSMo, procedures or small claims court procedures where there is an application for trial de novo, the sum of $45 in addition to the fee provided in subdivisions (6) and (7);

(9) In cases within the probate jurisdiction, the sums provided in section 483.580;

(10) In all other civil cases, the following sums:

Each such case instituted ............................... $45.00 Each additional summons issued for additional defendants $ 1.00 Each alias summons issued .............................. $ 1.00 Each pluralis summons issued ........................... $ 1.00 Each third party defendant summons issued .............. $ 1.00 When a case pends under chapter 517, RSMo, procedures and it is certified for assignment as provided in subsection 2 of section 517.520, RSMo, the fee provisions of this subdivision (10) shall apply in lieu of the fee provisions contained in subdivisions (6) and (8)] court costs in such amounts as are determined pursuant to section 514.015, RSMo.

483.535. The clerks of courts in this state authorized by law to grant naturalization papers shall [receive the following fees, and no more:

For all charges and costs accruing at the time of

obtaining a certificate of a declaration of

intention to become citizens, and granting a

certificate thereon, in each case ................... $1.50

For all costs and charges accruing at the time of

receiving full admission to citizenship, including certificate of naturalization, in each case ......... $1.50] charge and collect court costs in such amounts as are determined pursuant to section 514.015, RSMo.

[483.545. From and after July 1, 1981, the fees provided in section 483.580, in subdivisions (1), (2), (3), (4), (6), (7), (8), (9) and (10) of section 483.530, and in subsections 2 and 5 of section 479.260, RSMo, shall be paid over by the responsible clerk not less frequently than monthly as follows:

(1) Eighty percent of said fees shall be paid to the director of revenue of the state; and

(2) Twenty percent of said fees shall be paid into the county treasury or, in the case of the circuit court of the city of St. Louis, into the city treasury.]

483.550. 1. Each circuit clerk, or person fulfilling the duties of the circuit clerk pursuant to this chapter, however denominated, shall charge, collect, and be the responsible clerk for every [fee] court costs accruing to [his] such clerk's office to which [he] such clerk may be entitled under the law, except that the circuit clerk shall not be accountable or responsible for or under a duty to collect the following [fees] court costs:

(1) [Fees] Court costs in a case pending in the probate division of the circuit court;

(2) [Fees] Court costs in a case while it pends in a municipal division of the circuit court, in municipalities electing to have violations of municipal ordinances tried before a municipal judge pursuant to section 479.020, RSMo, or to employ judicial personnel pursuant to section 479.060, RSMo;

(3) [Fees] Court costs in a case which was originally filed and pends before an associate circuit judge; provided, however, that such exception with respect to cases filed and pending before an associate circuit judge shall not apply (a) in the city of St. Louis and (b) when by local circuit court rule it is provided that cases which are to be heard by associate circuit judges shall be centrally filed and final judgments therein maintained in an office which is operated and staffed by the circuit clerk and [his] such clerk's deputies[;

(4) Fees to which he is entitled for services performed in preparing or completing passport applications, which fees may be retained by the circuit clerk].

2. Each chief division clerk for the probate division of the circuit court shall charge and collect every [fee] court cost accruing to the probate division of the circuit court to which it may be entitled under the law.

3. In divisions presided over by associate circuit judges for which the circuit clerk is not responsible for collecting [fees] court costs as hereinabove provided, the associate circuit judge shall designate by order entered of record a division clerk who shall be responsible for the collection of all [fees] court costs with respect to cases in the division; or if there be a centralized filing and docketing system for two or more divisions presided over by an associate circuit judge, then a division clerk or clerks shall be designated in accordance with the provisions of local circuit court rule by an order which shall be entered of record, and if there be no such rule adopted, then a majority of the associate circuit judges being served shall designate a division clerk or clerks who shall be responsible for the collection of all [fees] court costs with respect to cases in the divisions served by the centralized filing and docketing system.

4. [Each clerk who is made responsible for the collection of fees under the provisions of this section shall not less frequently than monthly remit the funds to the county treasurer or the comptroller of the city of St. Louis in the case of moneys due a county or the city of St. Louis and to the director of revenue in the case of moneys due the state. The responsible clerk shall file such reports with respect to fees as may from time to time be required by the commissioner of administration or the state courts administrator.] Notwithstanding the provisions of subsections 1, 2 and 3 of this section, by vote of all judges, circuit and associate circuit, of a circuit court, en banc, the circuit court may adopt a system by local circuit rule whereby the circuit clerks within the circuit shall have administrative control over and be responsible for the charging and collection of all court costs accruing to the court other than court costs in a case while it pends in the municipal divisions of the circuit court, in municipalities electing to have violations of municipal ordinances tried before a municipal judge pursuant to section 479.020, RSMo, or to employ judicial personnel pursuant to section 479.060, RSMo. The chief division clerk for the probate divisions of the circuit court may be designated by the local circuit rule to charge and collect every court cost accruing to the probate divisions of the circuit court to which it may be entitled under the law, under the supervision of the circuit clerk.

5. [If fees be not paid when due by the party liable for payment, it shall be the duty of the responsible clerk to forthwith issue a fee bill for same and place such fee bill in the hands of the sheriff or other proper officer of the county or the city of St. Louis who shall forthwith levy same on the person, persons, associations or corporations liable therefor, or their sureties, as authorized by section 514.330, RSMo.

6.] The responsible clerks shall make periodic reports of delinquent [fees] court costs which are due [a county or the city of St. Louis at such times as may be requested from time to time by a county commission or the comptroller of the city of St. Louis. The responsible clerks shall also make periodic reports of delinquent fees] at such times and in such form as may be required by the [commissioner of administration or the] state courts administrator.

[7.] 6. It shall be the duty of each prosecuting attorney when such be referred to [him] such prosecuting attorney by the responsible clerk[, by the county commission or comptroller of the city of St. Louis, by the commissioner of administration or by the state courts administrator] to reasonably attempt to collect such delinquent [fees] court costs. In the case of delinquent [fees] court costs which are payable to the state, it shall be the duty of each prosecuting attorney, and the attorney general [as well] when such be referred to [him] the attorney general by the [commissioner of administration or by the] state courts administrator to reasonably attempt to collect such delinquent [fees] court costs.

483.580. 1. In all probate proceedings in the probate divisions of the different circuit courts in this state, there shall be charged against and collected from the estates or parties requiring the services of the probate division of the circuit court, [fees as follows:

(1) Decedents' estates:

In each decedent's estate where letters testamentary or of administration are applied for

(a) Where the fair market value at date of death of the probate assets, including both real and personal property, less liens and encumbrances, but before claims and costs of administration, is:

Not over $10,000 ..................................... $ 75.00 Over $10,000 but not over $25,000 .................... 115.00 Over $25,000 but not over $50,000 .................... 155.00 Over $50,000 but not over $100,000 ................... 245.00 Over $100,000 but not over $500,000 .................. 305.00 Over $500,000 ........................................ 365.00

(b) There shall be an additional fee of $30.00 for each twelve months or part thereof after the first twelve months an estate remains open after grant of letters until an order of discharge is entered or administration is otherwise terminated or suspended. This additional fee of $30.00 shall not be assessed in those cases where the personal representative files his final settlement within such year even though this settlement is not approved until after the twelve months have expired;

(2) Guardianships and conservatorships:

(a) In each matter of the guardianship of the person only of minors, $25.00 for each grant of letters;

(b) In the matter of the guardianship of the person only of incapacitated persons, $50.00 for each grant of letters;

(c) In each matter of the guardianship of the person and conservatorship of the estate or the estate only of minors, a basic charge of $60.00 for each grant of letters plus an additional charge of $25.00 for each twelve months or part thereof after the first twelve months an estate remains open after grant of letters until an order of discharge is entered or administration is otherwise terminated or suspended;

(d) In each matter of the guardianship of the person and conservatorship of the estate or estate only of incapacitated and disabled persons, a basic charge of $75.00 for each grant of letters plus an additional charge of $30.00 for each twelve months or part thereof after the first twelve months an estate remains open after grant of letters until an order of discharge is entered or administration is otherwise terminated or suspended; the basic charge herein mentioned shall not include any allowance made by the court to the attorney appointed by it to represent the alleged incapacitated or disabled person;

(3) For issuing orders refusing to grant letters pursuant to section 473.090, RSMo, to a surviving spouse or an unmarried minor child, $15.00 for each order, including the furnishing of one certified copy thereof; to a creditor, $30.00 for each order, including the furnishing of one certified copy thereof;

(4) For proceedings for the collection of small estates on the affidavit of distributees pursuant to section 473.097, RSMo, $35.00;

(5) For proceedings for the involuntary hospitalization of persons pursuant to chapter 632, RSMo, $35.00, which costs shall not include any fee for any attorney appointed by the court in the proceeding;

(6) For proceedings to determine heirship pursuant to section 473.663, RSMo, $30.00;

(7) For proceedings pursuant to chapter 145, RSMo, to assess Missouri estate taxes where no letters are granted, $15.00;

(8) For proceedings for the sale of real estate by a nonresident conservator pursuant to section 475.340, RSMo, $50.00;

(9) For proceedings to dispense with administration pursuant to section 475.320, RSMo, $40.00;

(10) For proceedings to dispense with conservatorship pursuant to section 475.330, RSMo, $20.00;

(11) For proceedings to admit a will to probate, $25.00;

(12) For copies, the charge not to exceed $1.00 for the first page and $1.00 for each additional page or portion thereof, and $1.50 for the certificate; provided, however, that in counties of the first class having a charter form of government, wherein the probate division of the circuit court holds hearings in two cities within said county, the charge for copies shall not exceed $1.00 per page and $1.50 per certificate;

(13) The fees for any services rendered by the probate divisions of the different circuit courts not specifically provided for above shall be determined by the court and shall be consistent with the above fees, but not to exceed $25.00] court costs in such amounts as are determined pursuant to section 514.015, RSMo.

2. Except as provided in section 483.550, the [fees] court costs provided in this section shall be charged and collected by the [judge or] clerk of the probate division of the circuit court.

[3. The fees provided for in this section shall become effective January 1, 1982, as to estates of decedents dying after December 31, 1981, and as to incompetents for estates filing settlements on or after January 1, 1982, and on all estates of incompetents and decedents commencing after December 31, 1981.]

483.591. 1. In addition to all other court [fees and] costs prescribed by law, a [fee] surcharge of ten dollars shall be assessed as costs in each court proceeding filed in any court in the state located within a county of the first classification with a population of at least two hundred thousand inhabitants which does not adjoin any other county of the first classification [for violations of the general] in all criminal cases including violations of any county ordinance or any violation of criminal or traffic laws of the state, including infractions, [or violations of county or municipal ordinances, except that no such fee shall be collected for nonmoving traffic violations, and no such fee shall be collected for violations of fish and game regulations, and] except that no such [fee] surcharge shall be collected in any proceeding involving a violation of an ordinance or state law in any court when the proceeding or defendant has been dismissed by the court or when costs are to be paid by the state, county or municipality. For violations of the general criminal laws of the state or county ordinances, no such [fee] surcharge shall be collected unless it is authorized by the county government where the violation occurred. For violations of municipal ordinances, no such [fee] surcharge shall be collected unless it is authorized by the municipal government where the violation occurred. Such [fees] surcharges shall be collected [by the official of each respective court responsible for collecting court costs and fines and shall be transmitted monthly] and disbursed as provided by section 514.015, RSMo, and shall be payable to the treasurer of the county where the violation occurred.

2. Each county shall use all funds received under this section only to pay for the costs associated with the operation of the county judicial facility including, but not limited to, utilities, maintenance and building security. The county shall maintain records identifying such operating costs, and any moneys not needed for the operating costs of the county judicial facility shall be transmitted quarterly to the general revenue fund of the county.

485.040. 1. For the purpose of preserving the record in all cases for the information of the court, jury and parties, and for expediting the public business, [each circuit judge shall appoint an official court reporter] subject to appropriations authorized for such purpose and administrative rules of the supreme court, the circuit judges of the circuit court shall appoint all court reporters for the circuit who shall be [a] certified court [reporter] reporters as provided by Rule 14 of the supreme court. [Such] Each court reporter shall be a sworn officer of the court, and shall hold [his office during the pleasure of the judge appointing him, and on the death, resignation, or retirement of that judge, the reporter shall retain his office until the judge's successor is elected, or appointed] and exercise such reporter's duties under the direction of the judges of the circuit, subject to the administrative rules of the supreme court relating to the circuit court personnel system.

2. In lieu of a [full-time] court reporter, a circuit judge [who serves as the judge of the probate division] may [utilize the services of a court reporter on a part-time basis or may] preserve the record in the manner provided in section 478.072, RSMo, or in compliance with supreme court rule.

485.055. 1. Whenever the supreme court makes an order temporarily transferring a circuit judge to a circuit court other than the court to which [he] such judge was appointed or elected, or whenever any such judge is temporarily transferred or assigned in a manner other than by order of the supreme court, the supreme court, upon written notice from such transferred judge, shall, if the regular reporter is for any reason unavailable and the transfer is deemed necessary, order the temporary transfer of [the] an official court reporter of the court of such transferred judge to accompany the judge and perform all the duties of the official court reporter of the court to which the judge is transferred in the matters heard or considered by the transferred judge while so transferred, and the official court reporter shall perform the same duties[, make the same charges for his services,] and be subject to the same laws and rules while acting as such transferred reporter as though [he were] such reporter was the regularly appointed official reporter of the court to which [he] such reporter was temporarily appointed.

2. Upon the request made to the supreme court by a circuit [judge whose] court for which its official reporter is absent by reason of illness or physical incapacity, for the transfer of a reporter, the supreme court may[, with the consent of the judge appointing him, or without such consent if said judge is absent or incapacitated,] order the temporary transfer of another official reporter to said circuit court, and the official reporter shall perform the same duties[, make the same charges for his services,] and be subject to the same laws and rules while acting as such transferred reporter as though [he were] such reporter was the regularly appointed official reporter of the court to which [he] such reporter was temporarily appointed.

[3. In all judicial circuits having more than one circuit judge, in the absence or incapacity of one of the judges, the presiding judge may order the court reporter of said absent or incapacitated judge to act as court reporter of another division of said court when he shall deem such action necessary.]

485.060. Each court reporter for a circuit [judge] court shall receive an annual salary [of twenty-six thousand nine hundred dollars beginning January 1, 1985, until December 31, 1985, and beginning January 1, 1986, an annual salary of thirty thousand dollars] from appropriations authorized for such purpose and subject to administrative rules of the supreme court. Such annual salary shall be modified by any salary adjustment provided by section 476.405, RSMo, payable in equal [monthly] installments on the certification of the [judge of the] court [or division in whose court] by which the reporter is employed. [When paid by the state] The salaries of such court reporters shall be paid by the state in semimonthly or monthly installments, as designated by the commissioner of administration.

485.075. In the absence of the official reporter of any circuit [judge] court because of illness or physical incapacity to perform [his] such reporter's duties, the [judge] judges of the circuit may appoint a temporary reporter, who shall perform the same duties and, subject to funds appropriated for such purpose and at the rate established by the state courts administrator, receive the same compensation as provided for [the] a regular reporter for the time served by the appointee as temporary reporter, to be paid upon certification of the judge making such appointment. No temporary appointment shall continue through more than thirty court days in any calendar year unless so ordered by the supreme court of this state.

485.100. For all transcripts of testimony given or proceedings had in any circuit court, the clerk of the court [reporter shall receive the sum of one dollar and fifty cents per twenty-five line page] shall charge and collect an amount determined pursuant to section 514.015, RSMo, for the [original of the] transcript[, and the sum of thirty-five cents per twenty-five line page for each carbon copy thereof; the page to be approximately eight and one-half inches by eleven inches in size, with left-hand margin of approximately one and one-half inches and the right-hand margin of approximately one-half inch; answer to follow question on same line when feasible; such page to be designated as a legal page. Any judge, in his discretion, may order a transcript of all or any part of the evidence or oral proceedings, and the court reporter's fees for making the same shall be paid by the state upon a voucher approved by the court, and taxed against the state]. In criminal cases where an appeal is taken by the defendant, and it appears to the satisfaction of the court that the defendant is unable to pay the costs of the transcript for the purpose of perfecting the appeal, the court shall order the [court reporter] defendant to [furnish] be furnished three transcripts in duplication of the notes of the evidence[, for the original of which he shall receive one dollar and fifty cents per legal page and for the copies twenty cents per page. The payment of court reporter's fees provided in this section shall be made by the state upon a voucher approved by the court.], at no charge to the defendant. All of such charges collected shall be payable to the state treasury to the credit of the general revenue fund.

485.120. In every contested case, or case in which the evidence is to be preserved, except for the collection of delinquent or back taxes, before any circuit judge when an official court reporter is appointed, the clerk of [said] such court shall tax [up the sum of fifteen dollars] a charge in an amount determined pursuant to section 514.015, RSMo, to be collected and disbursed as [other costs] provided by section 514.015, RSMo, and [paid by said clerk] payable to the [director of revenue of the] state treasury to the credit of the general revenue fund.

[485.130. Such official court reporter may appoint one or more deputies to assist him in the discharge of his duties, but he shall not be allowed any additional compensation on account of such deputies; provided, however, that any deputy may be removed in like manner as the official court reporter.]

[485.150. Each associate circuit judge may appoint a competent stenographer or reporter to write and certify evidence of witnesses in cases of homicide and such stenographer shall receive the sum as provided in section 485.100. Such fee shall be taxed as costs and paid as other costs in the case.]

487.170. 1. A "Family Services and Justice Fund" is hereby established in each county or circuit with a family court, for the purpose of aiding with the operation of the family court divisions and services provided by those divisions. In circuits or counties having a family court, the circuit clerk [who is responsible for collecting fees under the provisions of section 483.550, RSMo,] shall charge and collect a [fee] surcharge of thirty dollars[, in addition to other amounts authorized by law], in all proceedings falling within the jurisdiction of the family court. The [fee] surcharge shall not be charged [where] when no [filing fee is] court costs are otherwise required, shall not be charged for actions filed pursuant to the provisions of chapter 455, RSMo, shall not be charged to a government agency, and shall not be charged [for actions disposed of before August 29, 1993] in any proceeding when costs are waived or are to be paid by the state, county or municipality.

2. In juvenile proceedings under chapter 211, RSMo, a [fee] judgment of up to thirty dollars may be assessed against the child, parent or custodian of the child, in addition to other amounts authorized by law, in informal adjustments made under the provisions of sections 211.081 and 211.083, RSMo, and in an order of disposition or treatment under the provisions of section 211.181, RSMo. The [assessment shall] judgment may be ordered paid to the clerk of the [court in the] circuit where the assessment is imposed and shall be [deposited in the family services and justice fund] collected and disbursed in the manner provided by section 514.015, RSMo.

3. [Not less frequently than monthly,] All sums collected pursuant to this section and section 487.140 shall be [paid] payable to the various county family services and justice [fund] funds.

4. Any moneys in the family services and justice fund not expended for salaries of commissioners, family court administrators, and family court staff shall be used toward funding the enhanced services provided as a result of the establishment of a family court; however, it shall not replace or reduce the current and ongoing responsibilities of the counties to provide funding for the courts as required by law. Moneys collected for the family services and justice fund shall be expended for the benefit of litigants and recipients of services in the family court, with priority given to services such as mediation, counseling, home studies, psychological evaluation and other forms of alternative dispute resolution services. Expenditures shall be made at the discretion of the presiding judge or family court administrative judge, as designated by the circuit and associate circuit judges en banc, for the implementation of the family court system as set forth in this section. No moneys from the family services and justice fund may be used to pay for mediation in any cause of action in which domestic violence is alleged.

5. From the funds collected pursuant to this section and retained in the family services and justice fund, each circuit or county in which a family court commissioner in addition to those commissioners existing as juvenile court commissioners on August 28, 1993, have been appointed pursuant to sections 487.020 to 487.040, shall pay to and reimburse the state for the actual costs of that portion of the salaries of family court commissioners appointed pursuant to the provisions of sections 487.020 to 487.040.

6. No moneys deposited in the family services and justice fund may be expended for capital improvements.

490.130. The records [and] of judicial proceedings of any court of the United States, or of any state, attested by the clerk thereof, with the seal of the court annexed, if there be a seal, and certified by the judge, chief justice or presiding associate circuit judge of the court to be attested in due form, shall have such faith and credit given to them in this state as they would have at the place whence the said records come. Copies from the record of proceedings of any court [of record] of this state, attested by the clerk thereof, with the seal of the court annexed, if there be a seal, or if there be no seal, with the private seal of the clerk, shall be received as evidence of the acts or proceedings of such court [of record] in any court of this state. Records of proceedings of any court of this state contained within any statewide court automated record keeping system established by the supreme court shall be received as evidence of the acts or proceedings in any court of this state, in the manner provided by supreme court rule.

491.280. 1. Witnesses shall be allowed fees for their services [as follows:

For attending any court of record, reference, arbitrators,

commissioner, clerk or coroner, at any inquest or

inquiry of damages, within the county where the

witness resides, each day ........................ $3.00

For like attendance out of the county where witness resides,

each day ......................................... 4.00

For traveling each mile in going to and returning from

the place of trial ............................... .07

For attending under the law to perpetuate testimony, the

same fees as are allowed for attending a court of record

in like cases; but witnesses attending in more than one

case on the same day and at the same place shall only be

allowed fees in one case; and any witness who shall claim

fees for attendance in two or more cases on the same day

and at the same place shall not be allowed any fees that day] subject to guidelines to be promulgated by the supreme court.

2. Each witness [shall] may be examined on oath by the court or by the clerk when the court shall so order, as to [the number of days of his actual necessary attendance, under subpoena or recognizance, and the number of miles necessarily traveled; and in every case where a witness shall not, as such, actually and necessarily attend such court, and withdraw himself from his business during the full time for which pay is claimed, he shall not be allowed for more than one day's attendance] factors relevant to the proper amount of payment pursuant to this section.

492.590. 1. The costs and expenses of depositions, whether originals or copies, or related court reporter, notarial, or other fees of recording the same, shall be [taxed] awarded as a judgment in favor of the party or parties requesting the same, and collected [as other costs in the suit or suits in which such depositions, or any part thereof, may be used] in the manner provided by section 514.460, RSMo. Any party incurring any such costs or expenses may request the taxing of such costs or expenses actually incurred by that party whether or not such depositions were taken at the instance of that party or some other party to the suit or suits, provided, however, that any [costs] judgment awarded for copies of depositions shall be limited to the cost of one copy per party, except upon leave of court.

2. The costs and expenses so [taxed] incurred shall be certified by the reporter taking the same and shall be further limited by the court in which the action is pending at the request of either party with said limitation based on:

(1) The relevancy and probative value of the testimony offered by deponent;

(2) The time required in the taking of the deposition;

(3) The reasonableness of the charge made by the reporter;

(4) The availability of stenographers or shorthand reporters in the area where the deposition is taken;

(5) Charges made by other stenographers or shorthand reporters in the community.

[494.456. Wherever any jury provided for in sections 494.400 to 494.505 shall serve in the trial of any case, other than criminal, there shall be taxed against the unsuccessful party and collected as costs of the sum of twelve dollars as jury fees, which, when collected, shall be paid into the county treasury to the credit of the county revenue fund; and the person paying the same into the county treasury shall take duplicate receipts therefor, one of which shall be filed with the county clerk, and such clerk shall charge the treasurer therewith.]

494.480. 1. In trials of civil causes each party shall be entitled to peremptorily challenge three jurors. When there are multiple plaintiffs or defendants, all plaintiffs and all defendants shall join in their challenges as if there were one plaintiff and one defendant. The court in its discretion may allocate the allowable peremptory challenges among the parties plaintiff or defendant upon good cause shown and as the ends of justice require. In all cases, the plaintiff shall announce its challenges first.

2. In all criminal cases, the state and the defendant shall be entitled to a peremptory challenge of jurors as follows:

(1) If the offense charged is punishable by death, the state shall have the right to challenge nine and the defendant nine;

(2) In all other cases punishable by imprisonment in the penitentiary, the state shall have the right to challenge six and the defendant six;

(3) In all cases not punishable by death or imprisonment in the penitentiary, the state and the defendant shall each have the right to challenge two.

3. In all criminal cases where several defendants are tried together, the following provisions shall apply:

(1) Each defendant then on trial shall be allowed separate peremptory challenges as provided in subsection 2 of this section;

(2) The number of peremptory challenges allowed the state by subsection 2 of this section shall be multiplied by the number of defendants then on trial in each case.

4. Within such time as may be ordered by the court, the state shall announce its peremptory challenges first and the defendants thereafter. The qualifications of a juror on the panel from which peremptory challenges by the defense are made shall not constitute a ground for the granting of a motion for new trial or the reversal of a conviction or sentence unless such juror served upon the jury at the defendant's trial and participated in the verdict rendered against the defendant.

5. If the defendant pleads guilty to a lesser or included offense other than the offense charged in the information or indictment in return for a specific lesser sentence than [he] such defendant would likely have received if [he] such defendant were found guilty of the crime charged, or makes any other plea bargaining arrangement, at any time after the jury is impaneled such defendant shall be [charged] liable to the county for the costs associated with impaneling the jury.

506.140. 1. Service of process, except as otherwise provided, shall be made by a sheriff, or [his] such sheriff's deputy, or in case the sheriff in any cause is for any reason disqualified, then process may be issued to and served by the coroner of the county in which such process is to be served; or some person, other than a sheriff or coroner, may be specially appointed by the court or the circuit clerk following procedures established by local court rules for service of process in any cause, but such appointment shall be valid for service of the process only for which such person was specially appointed.

2. A party may file an application to the court requesting that any fees paid to a special process server be [taxed as costs] awarded in any judgment entered in the action. The court may [order a] enter judgment in the reasonable amount of such fees [as costs].

[506.320. The fee allowed by law shall be paid by plaintiff to the secretary of state under section 506.240 at the time of service of such process and shall be taxed as part of plaintiff's costs if he prevails in the action or proceeding.]

[508.200. If such petitioner fail to pay such costs within fifteen days after the change of venue, such clerk may make out a fee-bill against him and his sureties, if any, and deliver the same to any sheriff, who shall levy and collect the same, with fifty percent thereon for the use of the clerk, as other fee-bills.]

[508.210. Such clerk may recover the amount of such fee-bills, and fifty percent thereon, by civil action.]

[508.220. Whenever any change of venue is applied for in any civil cause from any circuit court of any county, or city constituting a county, to any other county or such city, in another circuit, the party or person applying for such a change of venue shall, with his application, deposit with the clerk of the circuit court the sum of ten dollars; and thereupon, if such change of venue is awarded, the clerk of said court shall transmit said sum of ten dollars, together with the transcript and proceedings in the cause, to the clerk of the court to which the removal is ordered; and no transcript shall be transmitted or received by any clerk on such change of venue, as aforesaid, unless said sum of ten dollars shall accompany such transcript; provided, however, that whenever any cause shall be transferred to another circuit by agreement of parties, such sum shall be paid by both parties, before any change of venue is awarded, in equal shares, and transmitted as aforesaid.]

[508.230. 1. Said sum when received shall be paid into the county treasury in the same manner as other fees of the clerk of the court except that in any case in which a special judge presides, said ten-dollar fee shall be paid to such special judge after a trial had or upon the final disposition of the cause in the court.

2. All moneys received by the clerk of the circuit court of the city of St. Louis under and by virtue of the provisions of this and section 508.220 shall be paid by him into the city treasury, and used for the payment of the salaries of the circuit judges and court stenographers of said city.

3. If no change of venue is granted, the money paid under this and section 508.220 shall be returned to the party or parties paying the same.]

511.510. It shall be the duty of each of the clerks of [all courts of record in such city or county] the circuit divisions, within five days after the rendition of any final judgment in their respective courts, to furnish an abstract thereof, as provided in section 511.500, to the clerk of such circuit court, who shall immediately upon the same day, enter the same on [his] such clerk's abstract in the bound book or computerized record as required in section 511.500; and it shall be the duty of the clerk or clerks of the circuit courts in such counties, within five days after the rendition of any final judgment in their respective courts to prepare and enter such abstract in the bound book or computerized record as required in section 511.500; and each of such clerks shall immediately enter the same when the abstract aforesaid shall be furnished to [him] such clerk by any party interested, or [his] such party's agent; and each of the clerks and their sureties shall be respectively liable for any damage occasioned by any neglect to perform the duties hereby required of them respectively[, and they shall each receive a fee of twenty-five cents for each judgment so abstracted for his services in relation thereto, which shall be taxed and collected as other costs in the case]; and it is further provided, that whenever any personal representative, guardian or conservator, or any party interested, or [his] such party's agent, shall exhibit to the clerk of the circuit court wherein such judgment may be recorded a receipt or certificate of the proper officer, stating that such judgment has been duly satisfied, then the clerk of such circuit court shall, without further fee, enter satisfaction of such judgment in [his] such clerk's office in the bound book or computerized record as required in section 511.500[; provided, however, that nothing in section 511.500 and this section shall increase, decrease or affect or be construed to increase, decrease or affect the salaries or compensation now paid to or received by any of the clerks of courts of record in any county of this state having over sixty thousand inhabitants].

514.005. Notwithstanding any other provision of law to the contrary, whether enacted before, on or after the effective date of this section, no clerk of any court shall collect any surcharge authorized by or pursuant to any ordinance, order or resolution which provides that the effective date to commence imposition of such surcharge is on or after January 1, 1997.

[514. 010. In all actio ns on offic e bonds for the use of any perso n, actio ns on the bonds of perso nal repre senta tives , conse rvato rs, or guard ians, qui tam actio ns, actio ns on penal statu tes when the penal ty is given to the infor mer, and in all civil cases when the plain tiff or perso n for whose use the actio n is to be comme nced shall not be a resid ent of this state , the plain tiff or perso n for whose use the actio n is to be comme nced shall , befor e he insti tutes such suit, file with the clerk of the court in which the actio n is to be comme nced the writt en under takin g of some perso n, being a resid ent of this state , where by he shall ackno wledg e himse lf bound to pay all costs which may accru e in such actio n; and if any such actio n shall be comme nced witho ut filin g such under takin g, or depos iting with the clerk of the court in which the suit is broug ht, a sum of money suffi cient to pay all costs that may accru e in the case, subje ct to be incre ased at any time, whene ver the court may deem prope r, and by its order of recor d requi re, the court , on motio n, may dismi ss the same, unles s such under takin g be filed or sum of money be depos ited befor e the motio n is deter mined , and the attor ney of the plain tiff shall be ruled to pay all costs accru ing there in.]< p>

514.0 15. 1. As used in this secti on and secti on 514.0 05, the follo wing words and phras es shall mean:

(1) "Cour t costs ", the total of fees, misce llane ous charg es and surch arges , impos ed in a parti cular case;

(2) "Fees ", the amoun t charg ed for servi ces to be perfo rmed by the court ;

(3) "Misc ellan eous charg es", the amoun ts allow ed by law for servi ces provi ded by indiv idual s or entit ies other than the court ;

(4) "Surc harge s", addit ional charg es allow ed by law which are allow ed for speci fic purpo ses desig nated by law.< p> 2. Begin ning July 1, 1997, the clerk of each court of this state respo nsibl e for colle cting court costs shall colle ct the court costs autho rized by statu te, in such amoun ts as are autho rized by supre me court rule adopt ed pursu ant to this secti on. Court costs due and payab le prior to July 1, 1997, shall not be affec ted by the adopt ion of this rule.

3. The supre me court shall set the amoun t of court costs autho rized by statu te, at level s to produ ce reven ue which shall not subst antia lly excee d the total of the propo rtion of the costs assoc iated with admin istra tion of the judic ial syste m defra yed by fees, misce llane ous charg es and surch arges . The court shall not incre ase the amoun t of misce llane ous charg es or surch arges allow ed by law. The supre me court rule may provi de that in the event that any payme nt of court costs is made in time or insta llmen t payme nts or by credi t card or simil ar metho d, the clerk may charg e an addit ional fee for such time or insta llmen t payme nts or in order to refle ct any trans actio n cost, surch arge or fee impos ed on the recip ient of the credi t card payme nt by the credi t card compa ny. Any chang e in the amoun t of fees made by the court pursu ant to this secti on shall take effec t on July first of any parti cular year, provi ded that the propo sed supre me court rule or amend ment to a supre me court rule chang ing the amoun t of fees shall be publi shed on or befor e Janua ry first of the year in which the rule or amend ment is propo sed to take effec t. Any such rule may be annul led or amend ed in whole or part in the manne r provi ded by secti on 5 of artic le V of the const ituti on of the state of Misso uri.< /b>

4. Begin ning July 1, 2000, or an earli er date which may be desig nated by order of the supre me court , upon writt en notic e to all circu it clerk s of this state , the clerk of each court of this state shall disbu rse court costs colle cted by, or under the autho rity of, the clerk , in the manne r provi ded by supre me court rule. Such rule may provi de that all or porti ons of such court costs be depos ited into a speci al fund or funds to be estab lishe d by the state court s admin istra tor. Such funds shall not be consi dered to be state funds , excep t those funds disbu rsed to the depar tment of reven ue pursu ant to subdi visio ns (4) and (5) of subse ction 5 of this secti on; but shall be held in trust by the state court s admin istra tor for benef it of those perso ns or entit ies entit led to recei ve such funds pursu ant to subse ction 5 of this secti on. All amoun ts depos ited into such fund or funds shall be maint ained by the state court s admin istra tor, inves ted in the manne r requi red of the state treas urer for state funds by secti ons 30.24 0, 30.25 0, 30.26 0 and 30.27 0, RSMo, and disbu rsed as provi ded by this secti on.

5. The state court s admin istra tor shall disbu rse the amoun ts conta ined in the speci al fund or funds as follo ws:

(1) Refun ds for overp aymen ts or erron eous payme nts of court costs ;

(2) Reimb ursem ent in the amoun ts allow ed by law to indiv idual s or entit ies other than the court for servi ces provi ded by such indiv idual s or entit ies;< p> (3) Payme nt to perso ns or entit ies of addit ional charg es allow ed for speci fic purpo ses, as provi ded by law;< p> (4) Eight y perce nt of the remai nder of such amoun ts, less any inter est earne d on such fund or funds , shall be paid to the direc tor of the depar tment of reven ue for depos it into the gener al reven ue fund, and the remai ning twent y perce nt of such amoun ts, less inter est, to each count y treas ury, or in the case of the city of St. Louis , the city treas ury, in order to defra y the costs incur red by the state , and each count y and the city of St. Louis , relat ed to the admin istra tion of the judic ial syste m. The propo rtion of such total amoun t paid to each count y and the city of St. Louis pursu ant to this secti on shall be paid in the propo rtion s as the court 's depos its to the fund or funds bear to the total depos its to the fund, on an annua l basis ;

(5) Any inter est earne d on such fund shall be payab le to the direc tor of the depar tment of reven ue for depos it into a revol ving fund to be estab lishe d pursu ant to this subdi visio n. The state treas urer shall be the custo dian of the fund, and shall make disbu rseme nts, as allow ed by lawfu l appro priat ions, only as follo ws: Sixty perce nt of the inter est earne d on such fund or funds less any costs incur red in the admin istra tion of such fund or funds maint ained by the state court s admin istra tor shall be paid to each court of this state , in the propo rtion s as the court 's depos its to the fund or funds bear to the total depos its to the fund, on an annua l basis . Forty perce nt of the inter est earne d on such fund or funds maint ained by the state court s admin istra tor shall be paid to the supre me court . All of such inter est earne d and appro priat ed to court s pursu ant to this subdi visio n shall be expen ded by the court s for goods and servi ces relat ed to the admin istra tion of the judic ial syste m.

6. The supre me court may estab lish and provi de for by rule such accou nting guide lines , proce dures , forms , contr ols and revie ws relat ing to the colle ction , depos it, payme nt and disbu rseme nt of all court costs colle cted pursu ant to this secti on. The supre me court may provi de by rule for prope r disbu rseme nt of money s in event of a discr epanc y in money s colle cted and subje ct to disbu rseme nt.

7. Excep t as other wise provi ded by law, all court costs are payab le prior to the time the servi ce is rende red; provi ded that if the amoun t of such court cost canno t be readi ly deter mined , then the clerk shall colle ct a depos it based upon the likel y amoun t of such court cost, and the balan ce of such court cost shall be payab le immed iatel y upon ascer tainm ent of the prope r amoun t of said court cost. An offic ial may refus e to perfo rm any servi ce in any actio n or proce eding , other than a crimi nal proce eding or when costs are waive d as provi ded by law, until the court costs are paid. Failu re to colle ct the court cost shall not affec t the valid ity of the court cost or servi ce. The supre me court may provi de by rule for impos ition of inter est on any court costs not paid withi n thirt y days of when due. If any court cost is not paid when due, the follo wing actio ns may be taken :

(1) Upon notif icati on by the court or clerk to the party from whom the court cost is due or such party 's attor ney, and upon the failu re to pay the court cost after such notic e, the court may dismi ss the actio n or any claim by the defau lting party which is part of the actio n, witho ut preju dice to the party ;

(2) The court may refus e to enter any order or judgm ent in favor of the defau lting party , or if withi n the time perio d allow ed by law befor e the order or judgm ent is final , may withd raw such order or judgm ent;< p> (3) Upon notif icati on to the party from whom the court cost is due, and upon failu re to pay the fee after such notic e, the clerk may repor t to any consu mer credi t repor ting agenc y the amoun t of any unpai d court costs . The clerk may also retai n the servi ces of colle ction agenc ies and attor neys in order to colle ct the amoun t of any unpai d court costs , and may incur charg es resul ting from the colle ction of such unpai d court costs , inclu ding enter ing into conti ngenc y fee contr acts, subje ct to admin istra tive rule of the supre me court . No perso n or entit y shall be civil ly liabl e for any act in relat ion to any repor ting or refer ral of any unpai d court costs pursu ant to this subdi visio n;

(4) Upon notif icati on to the party from whom the court cost is due, and upon failu re to pay the court cost after such notic e, the court may infor m the depar tment of reven ue of any total delin quenc ies in exces s of twent y- five dolla rs. Upon recei ving such notic e, and witho ut furth er notic e by the depar tment of reven ue to the defau lting party , the depar tment of reven ue shall not issue any notic e of renew al of regis trati on for any motor vehic le, trail er, motor boat or outbo ard motor , or issue any notic e to renew any licen se pursu ant to chapt er 302, RSMo, to the defau lting party ; and shall not regis ter or issue a certi ficat e of regis trati on for any motor vehic le, trail er, motor boat, outbo ard motor or manuf actur ed home, or issue any licen se pursu ant to chapt er 302, RSMo, to the defau lting party ;

(5) Upon notif icati on to the party from whom the court cost is due, and upon failu re to pay the court cost after such notic e, the court may infor m the state treas urer of any total delin quenc ies in exces s of twent y- five dolla rs. Upon recei ving such notic e, and witho ut furth er notic e by the state treas urer to the defau lting party , the state treas urer shall deduc t the amoun t of the unpai d court costs from any state check due to the defau lting party under the provi sions of any provi sion of law. The state treas urer shall trans mit the amoun t set off to the court , and shall send the exces s amoun t to the payee , with a notic e that the remai nder of the refun d was trans mitte d to the court in satis facti on of all or part of the unpai d court costs . The state treas urer and such treas urer' s offic ials and emplo yees shall not be liabl e to any perso n for any actio n taken in accor dance with the requi remen ts of this subdi visio n. Any proce eding conte sting any actio n taken by a court or the state treas urer pursu ant to this subdi visio n shall be broug ht in the court which certi fied such unpai d fees to the state treas urer, and shall be deeme d ancil lary to the proce eding for which such unpai d fees were asses sed. No appea rance , respo nsive plead ing or disco very shall be due from the state treas urer in such proce eding excep t upon order of the court ;

(6) Upon notif icati on to the party from whom the fee is due, and upon failu re to pay the fee after such notic e, the clerk may impos e a lien upon, or seek execu tion based on the amoun t of the unpai d fees witho ut regar d to any exemp tion allow ed by law on the goods , chatt els, money and effec ts of the defau lting party , inclu ding, but not limit ed to, the follo wing:

(a) Any motor vehic les, trail ers, motor boats , outbo ard motor s and manuf actur ed homes ;

(b) Any accou nt, oblig ation due, distr ibuti ve share of a deced ent's estat e, any deman d or right of actio n for perso nal injur y or negli gence , any worke rs' compe nsati on benef it or settl ement , or any contr act right or right to recei ve money or prope rty from any perso n;

(c) Any money or prope rty paid into or held by the court or any perso n or entit y for benef it of or due or payab le to, the defau lting party ;

(d) Any inter est in real estat e.

[514. 020. If, at any time after the comme nceme nt of any suit by a resid ent of this state , he shall becom e nonre siden t, or in any case the court shall be satis fied that any plain tiff is unabl e to pay the costs of suit, or that he is so unset tled as to endan ger the offic ers of the court with respe ct to their legal deman ds, the court shall , on motio n of the defen dant or any offic er of the court , rule the plain tiff, on or befor e the day in such rule named , to give secur ity for the payme nt of the costs in such suit; and if such plain tiff shall fail, on or befor e the day in such rule named , to file the under takin g of some respo nsibl e perso n, being a resid ent of this state , where by he shall bind himse lf to pay all costs which have accru ed or may accru e in such actio n, or depos it with the clerk of the court in which said suit is pendi ng a sum of money suffi cient to pay all costs that have accru ed or will proba bly accru e in the case, subje ct to be incre ased at any time whene ver the court may deem prope r and by its order requi re, the court may, on motio n, dismi ss the suit unles s such under takin g shall be filed or sum of money be depos ited befor e the motio n is deter mined .]

[514. 290. Costs atten ding the corre ction of every bill of costs , and enfor cing the order to refun d, as provi ded in secti on 514.2 80, shall be paid by the clerk impro perly charg ing fees. ]

< p> [514. 300. In all cases where costs shall be award ed, eithe r befor e or upon final judgm ent, execu tion shall be issue d there for forth with by the clerk , unles s other wise order ed by the party in whose favor such costs shall be award ed.]

514.3 03. All costs invol ved in the execu tion and sale of prope rty pursu ant to judgm ent, excep t attor ney's fees, may be [taxe d as court costs ] aw arded as judgm ent in favor of the party incur ring such costs , inclu ding movin g expen ses, insur ance, stora ge charg es, and any other expen ses excep t for attor ney's fees, reaso nably incur red as a resul t of such execu tion and sale. Credi tors shall certi fy such expen ses as true and accur ate in an affid avit filed with the court , and shall provi de the court with copie s of all recei pts. The court may then award such costs as it deems reaso nable and neces sary.

[514. 320. Every clerk of any court of recor d issui ng a fee bill or writ of fieri facia s in viola tion of the provi sions of secti on 514.3 10, and any offic er under takin g to colle ct money there on witho ut havin g himse lf compl ied with the provi sions there of conce rning himse lf, shall be deeme d guilt y of a misde meano r, and, upon convi ction there of, shall forfe it his offic e.]

514.3 30. The [circ uit] clerk s [and divis ion clerk s] who are respo nsibl e by law or court rule for colle cting [fees ] co urt costs shall stric tly exami ne the accou nts of all [fees ] co urt costs accru ing durin g the progr ess of any civil suit pendi ng in divis ions for which they are respo nsibl e for colle cting [fees ] co urt costs , and shall corre ct the same if wrong in any manne r, and shall there upon enter the amoun t there of upon their [fee books , and the said clerk s shall promp tly, if requi red by the party entit led to fees, certi fy a fee bill of such servi ces and deliv er the same to the sheri ff or other offic er of the prope r count y charg ed by law with the servi ce of execu tions , who shall proce ed forth with to colle ct the same] re cords ; and if the perso n or perso ns and their suret ies for costs prope rly charg eable with such [fees ] co urt costs shall negle ct or refus e to pay the amoun t there of, and costs for issui ng and servi ng the same, withi n thirt y days after deman d [of said sheri ff or other offic er afore said, the same shall be levie d of the goods and chatt els, money s and effec ts of such perso ns or their suret ies, in the same manne r and with like effec t as on an execu tion; and if any such offic er shall negle ct or refus e to levy and colle ct such fees, or to pay over the money colle cted there on to the perso n entit led there to, withi n three month s after such fee bill shall have been deliv ered to him, the court where in such fees accru ed shall , upon ten days' previ ous notic e given to such offic er, on motio n, enter up judgm ent again st him and his suret ies for the amoun t of the fee bill, inter est and costs there on], the clerk shall take such actio n to colle ct such fees as provi ded by secti on 514.0 15, RSMo< /b>.< p> 514.3 35. In any court case or proce eding in which a guard ian ad litem is appoi nted by the court to safeg uard the inter ests of a minor and in which the minor is not a party , the court may [allo w] en ter judgm ent in favor of the guard ian ad litem [a] al lowin g reaso nable compe nsati on for [his] su ch guard ian ad litem 's servi ces[, which shall be taxed as costs in the case or proce eding ].

514.4 40. The [circ uit judge or] judge s of the circu it court , en banc, in any [coun ty of class one] ci rcuit in this state , by rule of court ad opted prior to Janua ry 1, 1997< /b>, may requi re [the attor ney or attor neys for] any party filin g [suit ] a civil case< /b> in the circu it court , at the time of filin g the suit, to depos it with the clerk of the court a [sum not to excee d five] su rchar ge in the amoun t of fifte en dolla rs in addit ion to all other depos its [now or herea fter] requi red by law or court rule[ , and no summo ns shall issue until the depos it has been made] . Secti ons 514.4 40 to 514.4 60 shall not apply to [acti ons sent to the count y on chang e of venue or cases withi n the proba te juris dicti on, cases filed under chapt er 517, RSMo, proce dures , cases filed under small claim s proce dures , appli catio ns for trial de novo, or to suits , civil or crimi nal, filed ] pr oceed ings when costs are waive d or are to be paid< /b> by the count y or state or any city.

514.4 50. [On the first day of each month said circu it clerk shall pay the entir e fund creat ed by said depos its durin g the prece ding month ] Mo neys colle cted pursu ant to secti on 514.4 40 shall be payab le to the circu it judge or judge s of the circu it court of the count y [in] fr om which such [depo sits] su rchar ges were [made ] co llect ed, or to such perso n as is desig nated by local circu it court rule as treas urer of said fund, and said fund shall be appli ed and expen ded under the direc tion and order of the circu it judge or judge s of the circu it court of any such count y for the maint enanc e and upkee p of the law libra ry maint ained by the bar assoc iatio n in any such count y, or such other law libra ry in any such count y as may be desig nated by the circu it judge or judge s of the circu it court of any such count y; provi ded, that the judge or judge s of the circu it of any such count y, and the offic ers of all court s of recor d of any such count y, shall be entit led at all reaso nable times to use the libra ry to the suppo rt of which said funds are appli ed.

514.4 60. If in any suit in which a depos it is provi ded for under secti ons 514.4 40 to 514.4 60, the party filin g the suit shall preva il, the amoun t of said depos it requi red at the time of filin g said suit shall be [taxe d as costs ] aw arded and colle ctabl e as a judgm ent enter ed in said suit[ , and upon colle ction there of, shall be paid by the circu it clerk to the attor ney] in favor of the preva iling party makin g said depos it.

[514. 470. The circu it judge or judge s of the circu it court in any count y of the secon d, third or fourt h class in this state may by rule of court requi re the attor ney or attor neys for any party filin g suit in the circu it court , at the time of filin g the suit, to depos it with the clerk of the court a sum not to excee d ten dolla rs in any count y of the secon d, third or fourt h class , and in any first class count y which has a chart er form of gover nment and which has a popul ation of more than nine hundr ed thous and inhab itant s, and in any city not withi n a count y, excep t a count y of the secon d class which is requi red by law to hold circu it court in more than one city, in addit ion to all other depos its now or herea fter requi red by law or court rule, and no summo ns shall issue until such depos it has been made. This law does not apply to actio ns sent to the count y on chang e of venue or cases withi n the proba te juris dicti on, cases filed under small claim s proce dures , appli catio ns for trial de novo, or to suits , civil or crimi nal, filed by the count y or state or any city. This secti on shall not apply to cases filed under chapt er 517, RSMo, proce dures , excep t the circu it judge or judge s or the circu it court in any city not withi n a count y, any first class chart er count y which adjoi ns a city not withi n a count y, any count y of the secon d class in which state fairg round s facil ities are locat ed, any secon d class count y which has anoth er state as a borde r and which conta ins all of a city with a popul ation of seven ty-fi ve thous and or more inhab itant s and any third class count y may by rule of court requi re such fee for cases filed under chapt er 517, RSMo, proce dures ; howev er, the amoun t of such fee may be less than or equal to any other fee impos ed pursu ant to this secti on.]< p>

[514. 475. In all count ies which are requi red by law to hold circu it court in two citie s and a law libra ry is maint ained in each of said citie s, the circu it judge s of the circu it court may by rule of court requi re the attor ney or attor neys for any party filin g suit in the circu it court at the time of filin g the suit to depos it with the clerk of the circu it court a sum not to excee d fifte en dolla rs, in addit ion to all other depos its now or herea fter requi red by law or court rule, and no summo ns shall issue until such depos it has been made. This law does not apply to actio ns sent to the count y on a chang e of venue or cases withi n the proba te juris dicti on, cases filed under small claim s proce dures , appli catio ns for trial de novo, or to suits , civil or crimi nal, filed by the count y or state or any city. This secti on shall not apply to cases filed under chapt er 517, RSMo, proce dures , excep t the circu it judge s of any such circu it court , as well as of the circu it court in any first class chart er count y conta ining all or part of a city havin g a popul ation of more than four hundr ed fifty thous and may by rule of court requi re such fees for cases filed under chapt er 517, RSMo, proce dures ; howev er, the amoun t of such fee may be less than or equal to any other fee impos ed pursu ant to this secti on.]< p>

[514. 480. On the first day of each month each clerk who is respo nsibl e for the colle ction of such fees shall pay the entir e fund creat ed by said depos its durin g the prece ding month to the circu it judge or judge s of the circu it court of the count y in which such depos its were made, or to such perso n as the circu it judge or judge s of the circu it court of said count y may desig nate by local circu it court rule as treas urer of said fund, and said fund shall be appli ed and expen ded under the direc tion and order of the circu it judge or judge s of the circu it court of any such count y for the maint enanc e and upkee p of the law libra ry maint ained by the bar assoc iatio n in any such count y or in an adjoi ning count y, or such other law libra ry in any such count y, or in an adjoi ning count y, as may be desig nated by the circu it judge or judge s of the circu it court of any such count y, provi ded that the judge or judge s of the circu it court of any such count y, and the offic ers of all court s of recor d of any such count y and all attor neys licen sed to pract ice law in any such count y shall be entit led at all reaso nable times to use the libra ry to the suppo rt of which said funds are appli ed.]< p>

[514. 490. If in any suit in which a depos it is provi ded for under secti on 514.4 70, the party filin g the suit shall preva il, the amoun t of said depos it requi red at the time of filin g said suit shall be taxed as costs again st the attor ney or attor neys repre senti ng the defen dant or defen dants in said suit, and, upon colle ction there of, shall be paid by the circu it clerk to the attor ney makin g said depos it.]< p>

517.1 51. From the time of filin g the trans cript , every such judgm ent shall have the same lien on the real estat e of the defen dant in the count y as is given judgm ents rende red by circu it judge s. The circu it clerk shall colle ct [two dolla rs fee] fe es in such amoun ts as are deter mined pursu ant to secti on 514.0 15, RSMo, for each trans cript filed . The reviv al of any such lien upon real estat e shall be under the same proce dures as with judgm ents origi nally rende red by a circu it judge , shall be made from the recor d of the trans cript ed judgm ent so filed in the offic e of circu it clerk , and may be reviv ed under proce eding s befor e eithe r a circu it or an assoc iate circu it judge . The foreg oing provi sions shall not apply with respe ct to any judgm ent of a small claim s court nor shall any judgm ent of a small claim s court be a lien upon real estat e.

550.2 60. 1. All crimi nal co urt cost [fee] bills shall be certi fied for payme nt as herei n provi ded, and in addit ion there to the circu it clerk s of each count y shall make copie s of all origi nal [fee] cr imina l court cost< /b> bills certi fied to the commi ssion er of admin istra tion for payme nt, and shall file the same with the treas urers of their respe ctive count ies, and the city of St. Louis , at the time of trans mitti ng the origi nal for payme nt.

2. When [fee] cr imina l court cost< /b> bills are certi fied to the commi ssion er of admin istra tion, warra nts shall be drawn on the state treas urer as provi ded by law [and] , provi ded that the amoun ts due to the state conta ined withi n such crimi nal court cost bills may be withh eld by the state befor e payme nt is made to the count ies. Payme nt shall be trans mitte d to the treas urer of the count y from whenc e the bill origi nated , or the city of St. Louis . When any crimi nal cost [fee] bill shall be certi fied to the count y commi ssion or the compt rolle r of the city of St. Louis , for payme nt, the count y clerk , or the compt rolle r of the city of St. Louis , when the same is allow ed, shall draw a warra nt on the count y treas urer or city treas urer in payme nt there of, and deliv er the same to the count y treas urer, or to the treas urer of the city of St. Louis , toget her with a list of the names of the vario us parti es to whom the fees are due, stati ng the amoun t due each perso n.

3. The treas urers , on recei pt of any such warra nts and [fees ] cr imina l court cost< /b> bills , shall recor d the [fee] cr imina l court cost< /b> bills in a well- bound book arran ged with appro priat e headi ngs, so that the same shall corre spond , as near as may be, with the accou nts requi red to be kept by other offic ers in secti on 50.47 0, RSMo.

550.3 00. At the end of each term of court after the recei pt of each crimi nal co urt cost [fee] bill from eithe r the state audit or or the count y clerk , the treas urer shall strik e a balan ce of the same, and shall turn over the amoun ts colle cted on accou nt of the vario us items of indeb tedne ss herei n menti oned to the vario us funds to which they belon g or in the manne r provi ded by secti on 514.0 15, RSMo< /b>. And all uncal led for fees paid by the state shall be promp tly trans mitte d to the state direc tor of reven ue who shall depos it the same in the state treas ury, and those paid by the count y shall be turne d over to the credi t of the count y reven ue fund.

561.0 35. [Any perso n who is convi cted of or plead s guilt y to a drug- relat ed offen se pursu ant to the provi sions of chapt er 195, RSMo, or an intox icati on-re lated traff ic offen se, as defin ed in secti on 577.0 23, RSMo, ] In all crimi nal cases inclu ding viola tions of any count y ordin ance or any viola tion of crimi nal or traff ic laws of this state , inclu ding an infra ction , there shall be asses sed as costs a [fee] su rchar ge in the amoun t of [five dolla rs.] fi fty cents . No such surch arge shall be colle cted in any proce eding invol ving a viola tion of an ordin ance or state law when the proce eding or defen dant has been dismi ssed by the court or when costs are to be paid by the state , count y or munic ipali ty. Such [fee] su rchar ge shall be colle cted an d disbu rsed< /b> by the clerk of the court [and paid at least month ly to the direc tor of reven ue and place d to the credi t of] as provi ded by secti on 514.0 15, RSMo. Money s colle cted from this surch arge shall be payab le to the indep enden t livin g cente r fund creat ed in secti on 178.6 53, RSMo.

590.1 40. 1. A [fee] su rchar ge of up to two dolla rs may be asses sed as costs in each [cour t proce eding filed in any court in the state for viola tions of the gener al] crimi nal ca se invol ving viola tions of any count y ordin ance or a viola tion of any crimi nal or traff ic laws of the state , inclu ding infra ction s, or viola tions of [coun ty or] munic ipal ordin ances , provi ded that no such fee shall be colle cted [for nonmo ving traff ic viola tions , and no such fee shall be colle cted for viola tions of fish and game regul ation s, and no such fee shall be colle cted] in any proce eding in any court when the proce eding or defen dant has been dismi ssed by the court or when costs are to be paid by the state , count y or munic ipali ty. For viola tions of the gener al crimi nal laws of the state or count y ordin ances , no such [fee] su rchar ge shall be colle cted unles s it is autho rized , prior to Janua ry 1, 1997, by the count y gover nment where the viola tion occur red. For viola tions of munic ipal ordin ances , no such [fee] su rchar ge shall be colle cted unles s it is autho rized , prior to Janua ry 1, 1997, by the munic ipal gover nment where the viola tion occur red. If impos ed by a munic ipali ty, such [fees ] su rchar ges shall be colle cted by the [offi cial] cl erk of [each respe ctive ] th e munic ipal< /b> court respo nsibl e for colle cting court costs and fines and shall be trans mitte d month ly to the treas urer of the munic ipali ty where the viola tion occur red in cases of viola tions of munic ipal ordin ances . If impos ed by a count y, such surch arges shall be colle cted and disbu rsed as provi ded in secti on 514.0 15, RSMo. Such surch arges shall be payab le to the treas urer of the count y where the viola tion occur red in the case of viola tions of the gener al crimi nal laws of the state or count y ordin ances [and to the treas urer of the munic ipali ty where the viola tion occur red in the case of viola tions of munic ipal ordin ances ]. An addit ional su rchar ge in the amoun t of one dolla r [may] sh all be asses sed as [cost s as] provi ded in this secti on, and [sent ] sh all be colle cted and disbu rsed as provi ded in secti on 514.0 15, RSMo, and payab le to the state treas ury to the credi t of the peace offic er stand ards and train ing commi ssion fund creat ed in secti on 590.1 78. Any count y or munic ipali ty not [cont ribut ing] en actin g an order or ordin ance effec tive prior to Janua ry 1, 1997, provi ding surch arges to the peace offic er stand ards and train ing commi ssion fund shall not be entit led to any reimb ursem ent from the fund. Such [fees ] su rchar ges shall be in addit ion to the court costs and fees and limit s on such court costs and fees estab lishe d by secti on 66.11 0, RSMo, and secti on 479.2 60, RSMo.

2. Each count y and munic ipali ty shall use all funds recei ved under this secti on only to pay for the train ing requi red as provi ded in secti ons 590.1 00 to 590.1 80 or for the train ing of count y coron ers and their deput ies. No count y or munic ipali ty shall retai n more than one thous and five hundr ed dolla rs of such funds for each certi fied law enfor cemen t offic er, candi date for certi ficat ion emplo yed by that agenc y or a coron er and the coron er's deput ies. Any exces s funds shall be trans mitte d quart erly to the gener al reven ue fund of the count y or munic ipali ty treas ury which asses sed the costs .

595.0 45. 1. There is estab lishe d in the state treas ury the "Crim e Victi ms' Compe nsati on Fund" . A [fee] su rchar ge of five dolla rs shall be asses sed as costs in each court proce eding filed in any court in the state [for viola tion of a] in all crimi nal [law] ca ses inclu ding viola tions of any count y ordin ance or any viola tion of crimi nal or traff ic laws< /b> of the state , inclu ding an infra ction and viola tion of a munic ipal [or count y] ordin ance; excep t that [no such fee shall be colle cted for viola tions of any provi sion of chapt er 252, RSMo, or any rule or regul ation adopt ed under chapt er 252, RSMo, for any nonmo ving traff ic viola tions , excep t viola tions of weigh t limit and safet y laws, and] no such fee shall be colle cted in any proce eding in any court when the proce eding or the defen dant has been dismi ssed by the court or when costs are to be paid by the state , count y, or munic ipali ty [on behal f of an indig ent defen dant] . A fee of five dolla rs shall be asses sed as costs in a juven ile court proce eding in which a child is found by the court to come withi n the appli cable provi sions of subdi visio n (3) of subse ction 1 of secti on 211.0 31, RSMo.

2. The money s colle cted by clerk s of the court s, excep t munic ipal clerk s, [unde r] pu rsuan t to the provi sions of subse ction 1 of this secti on shall be [paid ] co llect ed and disbu rsed< /b> in accor dance with secti on [483. 545, RSMo, and subse ction 4 of secti on 483.5 50] 51 4.015 , RSMo. [The direc tor of reven ue shall depos it annua lly] Fr om all such fees colle cted annua lly,< /b> the amoun t of two hundr ed fifty thous and dolla rs sh all be payab le to the state foren sic labor atory accou nt admin ister ed by the depar tment of publi c safet y to provi de finan cial assis tance to defra y expen ses of crime labor atori es if such analy tical labor atori es are regis tered with the feder al Drug Enfor cemen t Agenc y or the Misso uri depar tment of healt h. Subje ct to appro priat ions made there for, such funds shall be distr ibute d by the depar tment of publi c safet y to the crime labor atori es servi ng the court s of this state makin g analy sis of a contr olled subst ance or analy sis of blood , breat h or urine in relat ion to a court proce eding . Of the remai ning funds colle cted under the provi sions of subse ction 1 of this secti on, [the direc tor of reven ue shall depos it] seven ty-fi ve perce nt sh all be payab le for depos it to the credi t of the crime victi ms' compe nsati on fund and twent y-fiv e perce nt to the servi ces to victi ms fund estab lishe d in secti on 595.1 00. The direc tor of reven ue or [his] su ch direc tor's desig nee shall at least month ly repor t the money s paid into the crime victi ms' compe nsati on fund and the servi ces to victi ms fund to the divis ion of worke rs' compe nsati on and the depar tment of publi c safet y, respe ctive ly.

3. The money s colle cted by clerk s of munic ipal court s pursu ant to subse ction 1 of this secti on shall be [paid at least month ly as follo ws:

(1) Ninet y-fiv e perce nt of such fee shall be paid to the direc tor of reven ue; and

(2)] co llect ed and disbu rsed as provi ded by secti on 514.0 15, RSMo. Five perce nt of such money s shall be [paid into] pa yable to the city treas ury of the city from which such funds were colle cted< /b>. The [dire ctor of reven ue shall depos it] re maini ng ninet y- five perce nt of such money s shall be payab le to the direc tor of reven ue. Seven ty-fi ve perce nt of the amoun t colle cted sh all be depos ited< /b> to the credi t of the crime victi ms' compe nsati on fund and twent y-fiv e perce nt to the servi ces to victi ms fund. The direc tor of reven ue or [his] su ch direc tor's desig nee shall , at least month ly, repor t the money s paid into the crime victi ms' compe nsati on fund and the servi ces to victi ms fund to the divis ion of worke rs' compe nsati on and the depar tment of publi c safet y, respe ctive ly.

4. These funds shall be subje ct to a bienn ial audit by the Misso uri state audit or.

5. In addit ion to the money s colle cted [unde r] pu rsuan t to subse ction 1 of this secti on, the court shall enter a judgm ent in favor of the state of Misso uri, payab le to the crime victi ms' compe nsati on fund, of sixty -eigh t dolla rs if the convi ction is for a class A or B felon y; forty -six dolla rs if the convi ction is for a class C or D felon y; and ten dolla rs if the convi ction is for any misde meano r under the follo wing Misso uri laws:

(1) Chapt er 195, RSMo, relat ing to drug regul ation s;

(2) Chapt er 311, RSMo, but relat ing only to felon y viola tions of this chapt er commi tted by perso ns not duly licen sed by the super visor of liquo r contr ol;

(3) Chapt er 491, RSMo, relat ing to witne sses;

(4) Chapt er 565, RSMo, relat ing to offen ses again st the perso n;

(5) Chapt er 566, RSMo, relat ing to sexua l offen ses;< p> (6) Chapt er 567, RSMo, relat ing to prost ituti on;

(7) Chapt er 568, RSMo, relat ing to offen ses again st the famil y;

(8) Chapt er 569, RSMo, relat ing to robbe ry, arson , burgl ary and relat ed offen ses;< p> (9) Chapt er 570, RSMo, relat ing to steal ing and relat ed offen ses;< p> (10) Chapt er 571, RSMo, relat ing to weapo ns offen ses;< p> (11) Chapt er 572, RSMo, relat ing to gambl ing;< p> (12) Chapt er 573, RSMo, relat ing to porno graph y and relat ed offen ses;< p> (13) Chapt er 574, RSMo, relat ing to offen ses again st publi c order ;

(14) Chapt er 575, RSMo, relat ing to offen ses again st the admin istra tion of justi ce;

(15) Chapt er 577, RSMo, relat ing to publi c safet y offen ses.

[The ] An y clerk of the court [proc essin g such funds ] re ceivi ng money s pursu ant to such judgm ents< /b> shall [pay over, at least month ly, the money s colle cted as] co llect and disbu rse such< /b> crime victi ms' compe nsati on judgm ents in the manne r provi ded by secti on 514.0 15, RSMo. Such funds shall be payab le to the state treas ury[. Such funds shall be] an d depos ited to the credi t of the crime victi ms' compe nsati on fund.

6. The clerk of the court proce ssing such funds shall maint ain recor ds of all dispo sitio ns descr ibed in subse ction 1 of this secti on [and all dispo sitio ns where a judgm ent has been enter ed again st a defen dant in favor of the state of Misso uri in accor dance with this secti on; all payme nts made on judgm ents for alcoh ol-re lated traff ic offen ses; and any judgm ent or porti on of a judgm ent enter ed but not colle cted. These recor ds shall be subje ct to audit by the state audit or. The clerk of each court trans mitti ng such funds shall repor t separ ately the amoun t of dolla rs colle cted on judgm ents enter ed for alcoh ol-re lated traff ic offen ses from other crime victi ms' compe nsati on colle ction s or servi ces to victi ms colle ction s.

7. The clerk s of the court shall repor t all delin quent payme nts to the depar tment of reven ue by Octob er first of each year for the prece ding fisca l year, and such sums may be withh eld pursu ant to subse ction 11 of this secti on.

8. The depar tment of reven ue shall maint ain recor ds of funds trans mitte d to the crime victi ms' compe nsati on fund by each repor ting court and colle ction s pursu ant to subse ction 14 of this secti on and shall maint ain separ ate recor ds of colle ction for alcoh ol-re lated offen ses].

[9.] 7. The state court s admin istra tor shall inclu de in the annua l repor t requi red by secti on 476.3 50, RSMo, the circu it court casel oads and the numbe r of crime victi ms' compe nsati on judgm ents enter ed.

[10.] 8. All award s made to injur ed victi ms under secti ons 595.0 10 to 595.1 05 and all appro priat ions for admin istra tion of secti ons 595.0 10 to 595.1 05, excep t secti ons 595.0 50 and 595.0 55, shall be made from the crime victi ms' compe nsati on fund. Any unexp ended balan ce remai ning in the crime victi ms' compe nsati on fund at the end of each bienn ium shall not be subje ct to the provi sion of secti on 33.08 0, RSMo, requi ring the trans fer of such unexp ended balan ce to the ordin ary reven ue fund of the state , but shall remai n in the crime victi ms' compe nsati on fund. In the event that there are insuf ficie nt funds in the crime victi ms' compe nsati on fund to pay all claim s in full, all claim s shall be paid on a pro rata basis . If there are no funds in the crime victi ms' compe nsati on fund, then no claim shall be paid until funds have again accum ulate d in the crime victi ms' compe nsati on fund. When suffi cient funds becom e avail able from the fund, award s which have not been paid shall be paid in chron ologi cal order with the oldes t paid first . In the event an award was to be paid in insta llmen ts and some remai ning insta llmen ts have not been paid due to a lack of funds , then when funds do becom e avail able that award shall be paid in full. All such award s on which insta llmen ts remai n due shall be paid in full in chron ologi cal order befor e any other postd ated award shall be paid. Any award [here under ] pu rsuan t to this subse ction is speci fical ly not a claim again st the state , if it canno t be paid due to a lack of funds in the crime victi ms' compe nsati on fund.

[11.] 9. When judgm ent is enter ed again st a defen dant as provi ded in this secti on and such sum, or any part there of, remai ns unpai d, there shall be withh eld from any disbu rseme nt, payme nt, benef it, compe nsati on, salar y, or other trans fer of money from the state of Misso uri to such defen dant an amoun t equal to the unpai d amoun t of such judgm ent. Such amoun t shall be paid forth with to the crime victi ms' compe nsati on fund and satis facti on of such judgm ent shall be enter ed on the court recor d. Under no circu mstan ces shall the gener al reven ue fund be used to reimb urse court costs or pay for such judgm ent. The direc tor of the depar tment of corre ction s shall have the autho rity to pay into the crime victi ms' compe nsati on fund from an offen der's compe nsati on or accou nt the amoun t owed by the offen der to the crime victi ms' compe nsati on fund, provi ded that the offen der has faile d to pay the amoun t owed to the fund prior to enter ing a corre ction al facil ity of the depar tment of corre ction s.

[12.] 10 . All inter est earne d as a resul t of inves ting funds in the crime victi ms' compe nsati on fund shall be paid into the crime victi ms' compe nsati on fund and not into the gener al reven ue of this state .

[13.] 11 . Any perso n who knowi ngly makes a fraud ulent claim or false state ment in conne ction with any claim hereu nder is guilt y of a class A misde meano r.

[14.] 12 . Any gifts , contr ibuti ons, grant s or feder al funds speci fical ly given to the divis ion for the benef it of victi ms of crime shall be credi ted to the crime victi ms' compe nsati on fund.

Secti on 1. 1. The judge s of the supre me court may appoi nt a commi ttee consi sting of at least seven assoc iate circu it judge s, who shall meet and estab lish and maint ain a sched ule of fines to be paid for viola tions of chapt ers 252, 301, 302, 304, 306, 307 and 390, RSMo, with such fines incre asing in propo rtion to the sever ity of the viola tion. The assoc iate circu it judge s of each count y may meet en banc and adopt the sched ule of fines and parti cipat ion in the centr alize d burea u pursu ant to this secti on. Notic e of such adopt ion and parti cipat ion shall be given in the manne r provi ded by supre me court rule. Upon order of the supre me court , the assoc iate circu it judge s of each count y may meet en banc and estab lish and maint ain a sched ule of fines to be paid for viola tions of munic ipal ordin ances for citie s, towns and villa ges elect ing to have viola tions of its munic ipal ordin ances heard by assoc iate circu it judge s, pursu ant to secti on 479.0 40, RSMo; and for traff ic court divis ions estab lishe d pursu ant to secti on 479.5 00, RSMo. The sched ule of fines adopt ed for viola tions of munic ipal ordin ances may be modif ied from time to time as the assoc iate circu it judge s of each count y, en banc, deem advis able. No fine estab lishe d pursu ant to this subse ction may excee d the maxim um amoun t speci fied by statu te for such viola tion.

2. In no event shall any sched ule of fines adopt ed pursu ant to this secti on inclu de offen ses invol ving the follo wing:

(1) Any viola tion resul ting in perso nal injur y or prope rty damag e to anoth er perso n;

(2) Opera ting a motor vehic le while intox icate d or under the influ ence of intox icant s or drugs ;

(3) Opera ting a vehic le with a count erfei ted, alter ed, suspe nded or revok ed licen se;

(4) Fleei ng or attem pting to elude an offic er.

3. There shall be a centr alize d burea u to be estab lishe d by supre me court rule in order to accep t pleas of not guilt y or payme nts of fines for viola tors of chapt ers 252, 301, 302, 304, 306, 307 and 390, RSMo, made pursu ant to a sched ule of fines estab lishe d pursu ant to this secti on. Any perso n alleg ed to have commi tted a viola tion defin ed in the sched ule of fines may plead not guilt y or pay the estab lishe d fine and any addit ional court costs for such viola tion.

4. If a perso n elect s to not conte st the alleg ed viola tion, the perso n shall send payme nt in the amoun t of the fine and any court costs estab lishe d for the viola tion to the centr alize d burea u, made payab le to the "cent ral viola tions burea u", by mail or in any other manne r estab lishe d by the centr alize d burea u. Such payme nt shall be consi dered to be a plea of nolo conte ndere to the alleg ed viola tion and a convi ction for the purpo se of asses sing point s pursu ant to secti on 302.3 02, RSMo. Notwi thsta nding any provi sion of law to the contr ary, the prose cutor shall not be requi red to sign any infor matio n, ticke t or indic tment if dispo sitio n is made pursu ant to this subse ction . In the event that any payme nt is made pursu ant to this secti on by credi t card or simil ar metho d, the centr alize d burea u may charg e an addit ional fee in order to refle ct any trans actio n cost, surch arge or fee impos ed on the recip ient of the credi t card payme nt by the credi t card compa ny.

5. If a perso n elect s to plead not guilt y, such perso n shall send the plea of not guilt y to the centr alize d burea u. The burea u shall send such plea and reque st for trial to the clerk of the court havin g origi nal juris dicti on over the offen se. The trial shall be condu cted at the locat ion desig nated by the court . The clerk shall notif y in writi ng such perso n of the date certa in for the trial . The prose cutor shall not be requi red to sign any infor matio n, ticke t or indic tment until the time of trial reque sted pursu ant to this subse ction .

6. In court s adopt ing a sched ule of fines pursu ant to this secti on, a notic e of viola tion shall const itute a deter minat ion that the viola tion has been commi tted by the perso n named in the notic e and the deter minat ion will be final unles s conte sted as provi ded in this secti on. There fore, any perso n recei ving a notic e of viola tion pursu ant to this secti on shall also recei ve writt en notif icati on of the follo wing:

(1) That the notic e of viola tion const itute s a deter minat ion that the viola tion has been commi tted by the perso n named in the notic e and the deter minat ion shall be final unles s conte sted as provi ded by law;< p> (2) The fine and court costs estab lishe d pursu ant to this secti on for the viola tion;

(3) That the perso n must respo nd to the notic e of viola tion by payin g the presc ribed fine and court costs , or plead ing not guilt y and appea ring at trial , and that other legal penal ties presc ribed by law may attac h for failu re to appea r and dispo se of the viola tion.

Th e supre me court may modif y the sugge sted forms for unifo rm compl aint and summo ns for use in court s adopt ing the proce dures provi ded by this secti on, in order to accom modat e such requi red writt en notif icati ons.< p> 7. Any money s recei ved in payme nt of fines and court costs pursu ant to this secti on shall not be consi dered to be state funds , but shall be held in trust by the centr alize d burea u for benef it of those perso ns or entit ies entit led to recei ve such funds pursu ant to this subse ction . All amoun ts paid to the centr alize d burea u shall be maint ained by the centr alize d burea u, inves ted in the manne r requi red of the state treas urer for state funds by secti ons 30.24 0, 30.25 0, 30.26 0 and 30.27 0, RSMo, and disbu rsed as provi ded by the const ituti on and laws of this state , provi ded that all fees inclu ded withi n any court costs colle cted pursu ant to this secti on shall be payab le to the state gener al reven ue fund, notwi thsta nding any provi sion of law to the contr ary. Any inter est earne d on such fund shall be payab le to the direc tor of the depar tment of reven ue for depos it into a revol ving fund to be estab lishe d pursu ant to this subse ction . The state treas urer shall be the custo dian of the revol ving fund, and shall make disbu rseme nts, as allow ed by lawfu l appro priat ions, only to the judic ial branc h of state gover nment for goods and servi ces relat ed to the admin istra tion of the judic ial syste m.

8. Any perso n who recei ves a notic e of viola tion subje ct to this secti on who fails to dispo se of such viola tion as provi ded by this secti on shall be guilt y of failu re to appea r provi ded by secti on 544.6 65, RSMo; and may be subje ct to suspe nsion of drivi ng privi leges in the manne r provi ded by secti on 302.3 41, RSMo. The centr alize d burea u shall notif y the appro priat e prose cutor of any perso n who fails to eithe r pay the presc ribed fine and court costs , or plead not guilt y and reque st a trial withi n the time allot ted by this secti on, for purpo ses of appli catio n of secti on 544.6 65, RSMo. The centr alize d burea u shall also notif y the depar tment of reven ue of any failu re to appea r subje ct to secti on 302.3 41, RSMo, and the depar tment shall there upon suspe nd the licen se of the drive r in the manne r provi ded by secti on 302.3 41, RSMo, as if notif ied by the court .

9. In addit ion to the remed ies provi ded by subse ction 8 of this secti on, the centr alize d burea u and the court s may use the remed ies provi ded by secti on 514.0 15, RSMo, for the colle ction of court costs payab le to court s, in order to colle ct fines for viola tions subje ct to this secti on.

Secti on 2. The clerk of the circu it court shall charg e and colle ct fees for the clerk 's dutie s as presc ribed by secti ons 429.0 90 and 429.1 20, RSMo, in such amoun ts as are deter mined pursu ant to secti on 514.0 15, RSMo.

Secti on 3. The circu it clerk shall charg e an amoun t deter mined pursu ant to secti on 514.0 15, RSMo, as fees for maint ainin g recor ds requi red pursu ant to secti on 452.3 40, RSMo, which fee shall be deduc ted from the first maint enanc e or suppo rt payme nt made each calen dar year, excep t that no fee shall be charg ed for maint ainin g recor ds for any IV-D case. This fee shall be paid to the count y or city gener al reven ue fund.

Secti on 4. A fee in an amoun t deter mined pursu ant to secti on 514.0 15, RSMo, shall accom pany each duly ackno wledg ed reque st for notic e of any parti al or final distr ibuti on or both filed pursu ant to secti on 473.6 18, RSMo, with the clerk of the proba te divis ion of the circu it court havin g juris dicti on.

Secti on 5. A will may be depos ited by the perso n makin g it, or by some perso n for him, with the proba te divis ion of any circu it court , to be safel y kept until deliv ered or dispo sed of as herei nafte r provi ded. The clerk of the court , on being paid a fee in an amoun t deter mined pursu ant to secti on 514.0 15, RSMo, shall recei ve and keep, and give a certi ficat e of depos it for, a will depos ited with the court pursu ant to secti on 474.5 10, RSMo.

Secti on B. Secti ons 14.04 0, 56.76 5, 57.28 0, 57.29 0, 57.95 5, 66.11 0, 67.13 3, 98.33 0, 141.3 80, 193.2 05, 210.1 60, 210.8 42, 302.1 37, 429.0 90, 429.1 20, 442.0 35, 452.3 30, 452.3 45, 452.3 95, 452.4 02, 452.4 23, 452.4 90, 452.6 10, 454.1 50, 455.2 05, 473.6 18, 474.5 10, 476.0 53, 478.4 01, 479.2 60, 479.2 61, 482.3 45, 483.3 10, 483.3 12, 483.5 00, 483.5 05, 483.5 10, 483.5 30, 483.5 35, 483.5 50, 483.5 80, 483.5 91, 485.0 40, 485.0 55, 485.0 60, 485.0 75, 485.1 00, 485.1 20, 487.1 70, 491.2 80, 492.5 90, 494.4 80, 506.1 40, 514.3 03, 514.3 30, 514.3 35, 514.4 40, 514.4 50, 514.4 60, 517.1 51, 550.2 60, 550.3 00, 561.0 35, 590.1 40, 595.0 45, 2, 3, 4 and 5 of this act shall becom e effec tive July 1, 1997.