Offered April 11, 1996.

Senate Substitute adopted, April 11, 1996.

Taken up for Perfection April 11, 1996. Bill declared Perfected and Ordered Printed, as amended.

TERRY L. SPIELER, Secretary.

S3201.05P

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, 302.020, 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, 476.450, 476.681, 476.682, 479.020, 479.040, 479.260, 479.261, 483.310, 483.312, 483.500, 483.505, 483.510, 483.530, 483.535, 483.545, 483.550, 483.580, 483.591, 485.040, 485.130, 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, 512.050, 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, 531.010, 531.020, 531.050, 531.060, 550.260, 550.300, 561.035, 590.140 and 595.045, RSMo 1994, and sections 302.137, 476.515, 478.401 and 487.170, RSMo Supp. 1995, relating to the judiciary, and to enact in lieu thereof eighty-three 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, 302.020, 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, 476.450, 476.681, 476.682, 479.020, 479.040, 479.260, 479.261, 483.310, 483.312, 483.500, 483.505, 483.510, 483.530, 483.535, 483.545, 483.550, 483.580, 483.591, 485.040, 485.130, 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, 512.050, 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, 531.010, 531.020, 531.050, 531.060, 550.260, 550.300, 561.035, 590.140 and 595.045, RSMo 1994, and sections 302.137, 476.515, 478.401, 483.083 and 487.170, RSMo Supp. 1995, are repealed and eighty-three new sections enacted in lieu thereof, to be known as sections 3.150, 14.040, 56.765, 57.280, 57.290, 57.955, 66.110, 67.133, 98.330, 141.380,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, 211.342, 302.020, 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, 476.450, 476.515, 476.515, 476.681, 476.682, 478.401, 479.020, 479.040, 479.260, 479.261, 483.310, 483.312, 483.500, 483.505, 483.510, 483.530, 483.535, 483.550, 483.580, 483.591, 485.040, 487.170, 490.130, 491.280, 492.590, 494.480, 506.140, 511.510, 512.050, 514.005, 514.015, 514.303, 514.330, 514.335, 514.440, 514.450, 514.460, 517.151, 531.010, 531.020, 531.050, 531.060, 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] receive 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.] service of any summons, writ or other order of court, in connection with any civil case, and making on the same either a return indicating service, a non est return or a nulla bona return, the sum of twenty dollars for each item to be served, except that a sheriff shall receive a charge for service of any subpoena, and making a return on the same, the sum of ten dollars; however, no such charge shall be collected in any proceeding when court costs are to be paid by the state, county or municipality. In addition to such charge, the sheriff shall be entitled to collect and receive for each mile actually traveled in serving any summons, writ, subpoena or other order of court, the rate prescribed by the Internal Revenue Service for all allowable expenses for motor vehicle use expressed as an amount per mile, provided that such mileage shall not be charged for more than one subpoena or summons or other writ served in the same cause on the same trip. All of such charges shall be charged and collected by the sheriff who is requested to perform the service. Except as otherwise provided by law, all charges made pursuant to this section are payable prior to the time the service is rendered; provided that if the amount of such charge cannot be readily determined, then the sheriff shall collect a deposit based upon the likely amount of such charge, and the balance of such charge shall be payable immediately upon ascertainment of the proper amount of said charge. A sheriff may refuse to perform any service in any action or proceeding, other than when court costs are waived as provided by law, until the charge provided by this section is paid. Failure to collect the charge shall not affect the validity of the service.

2. The sheriff shall collect 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 charge 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, the rate prescribed by the Internal Revenue Service for all allowable expenses for motor vehicle use expressed as an amount per mile.

3. 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] office, 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] expended at the discretion of 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] the county. Moneys in the fund shall be used only for the procurement of services and equipment to support the operation of the sheriff's [department and not to support the cost of salaries] office.

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] charges 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.

302.020. 1. Unless otherwise provided for by law, it shall be unlawful for any person, except those expressly exempted by section 302.080, to:

(1) Operate any vehicle upon any highway in this state unless [the person] he has a valid license;

(2) Operate a motorcycle or motortricycle upon any highway of this state unless such person has a valid license that shows [the person] he has successfully passed an examination for the operation of a motorcycle or motortricycle as prescribed by the director. The director may indicate such upon a valid license issued to such person, or shall issue a license restricting the applicant to the operation of a motorcycle or motortricycle if the actual demonstration, required by section 302.173, is conducted on such vehicle;

(3) Authorize or knowingly permit a motorcycle or motortricycle owned by [such person] him or under [such person's] his control to be driven upon any highway by any person whose license does not indicate that the person has passed the examination for the operation of a motorcycle or motortricycle or has been issued an instruction permit therefor;

(4) Operate a motor vehicle with an instruction permit or license issued to another person.

2. Every person operating or riding as a passenger on any motorcycle or motortricycle, as defined in section 301.010, RSMo, upon any highway of this state shall wear protective headgear at all times the vehicle is in motion. The protective headgear shall meet reasonable standards and specifications established by the director.

3. Notwithstanding the provisions of section 302.340, violation of subsection 1 of this section shall be deemed a class C misdemeanor and the penalty for failure to wear protective headgear as required by subsection 2 of this section shall be deemed an infraction for which a fine not to exceed twenty-five dollars may be imposed. [Notwithstanding all other provisions of law and court rules to the contrary, no court costs shall be imposed upon any person due to such violation.] No points shall be assessed pursuant to section 302.302 for a failure to wear such protective headgear.

211.342. 1. In addition to all court fees and costs prescribed by law, a fee of ten dollars may be assessed as costs in each court proceeding filed in any court within the thirtieth judicial circuit for violations of the general criminal 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, violations of fish and game regulations or in any proceeding when the proceeding or defendant has been dismissed by the court. For violations of the general criminal laws of the state or county ordinances, no such fee shall be collected unless it is authorized by the county government where the violation occurred. For violations of municipal ordinances, no such fee shall be collected unless it is authorized by the municipal government where the violation occurred. Such fees shall be collected by the official of each respective court responsible for collecting court costs and fines and shall be transmitted monthly to the treasurer of the county where the violation occurred.

2. The counties of the thirtieth judicial circuit shall use all fees received under this section to fund a juvenile detention facility if such facility is recommended by the circuit judge of such circuit as provided in section 211.341. The county commissions of the counties within the thirtieth judicial circuit may, by order pursuant to sections 70.210 to 70.320, RSMo, contract to pay the costs of such facility. Such costs include, but are not limited to, the costs of construction and maintenance of the facility as well as the costs of providing for the subsistence and education of the children placed in such facility.

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.

476.450. 1. Any person having reached the age of sixty-five years and having in this state served an aggregate of twelve years, continuously or otherwise, as a judge or commissioner of the supreme court, or as a judge or commissioner of any of the courts of appeals, or as a circuit judge, or as a judge of a court of criminal correction, or as a judge of a court of common pleas, or either or both as judge or commissioner of any of said courts, or as a commissioner of the family court division of a circuit court or as a commissioner of the juvenile court division of a circuit court, and who shall have ceased to hold such office by reason of the expiration of his term, or voluntary resignation or retirement by reason of having reached the age of seventy-five years, under section 25, article V, of the Constitution of Missouri, shall, if he so elects as hereinafter provided, be made, constituted and appointed a special commissioner or referee for and during the remainder of his life and shall, while he remains a resident of Missouri, be entitled to and shall receive as annual compensation, salary or retirement compensation during the remainder of his life a sum equal in amount to one-half the salary or compensation provided for by law on January 1, 1989, for the office from which he has retired, except as follows:

(1) For the period from August 13, 1986, until January 1, 1988, the annual compensation, salary or retirement compensation shall equal forty percent of the salary or compensation provided by law on August 13, 1986, for the office from which he has retired;

(2) For the period January 1, 1988, through December 31, 1988, the annual compensation, salary or retirement compensation shall equal forty-five percent of the salary or compensation provided by law on January 1, 1988, for the office from which he has retired.

2. A judge of the supreme court who ceased or ceases to hold office by reason of the expiration of his term, voluntary resignation, or retirement from the supreme court and who is sixty-five years of age or older and has served an aggregate of at least eight years or who is sixty years of age or older and has served an aggregate of at least twelve years, continuously or otherwise, as a judge of the supreme court may elect, before June 30, 1988, to be made, constituted and appointed a special commissioner or referee and shall receive as annual compensation, in lieu of the compensation provided by subsection 1 of this section, one-half of the salary or compensation provided by law at the time of such election under this subsection for the office from which he has retired. Said sum shall be payable monthly out of the general revenue of the state of Missouri.

476.515. 1. As used in sections 476.515 to 476.565, unless the context clearly indicates otherwise, the following terms mean:

(1) "Beneficiary", a surviving spouse married to the deceased judge continuously for a period of at least two years immediately preceding the judge's death or if there is no surviving spouse eligible to receive benefits under sections 476.515 to 476.570, the term "beneficiary" shall mean any unemancipated minor child of the deceased judge, who shall share in the benefits on an equal basis with all other beneficiaries;

(2) "Benefit", a series of equal monthly payments payable during the life of a judge retiring under the provisions of sections 476.515 to 476.570 or payable to a beneficiary as provided in sections 476.515 to 476.570; all benefits paid under sections 476.515 to 476.570 in excess of any contributions made to the system by a judge shall be considered to be a part of the compensation provided a judge for the judge's services;

(3) "Commissioner of administration", the commissioner of administration of the state of Missouri;

(4) "Judge", any person who has served or is serving as a judge or commissioner of the supreme court or of the court of appeals; or as a judge of any circuit court, probate court, magistrate court, court of common pleas or court of criminal corrections of this state; as a justice of the peace; or as commissioner of the probate division of the circuit court appointed after February 29, 1972, in a first class county having a charter form of government or in a city not within a county; or as commissioner of the juvenile division of the circuit court appointed pursuant to section 211.023, RSMo, or as a commissioner of the family court division of the circuit court appointed pursuant to section 487.020, RSMo;

(5) "Salary", the total compensation paid for personal services as a judge by the state or any of its political subdivisions.

2. A surviving spouse whose benefits were terminated because of remarriage prior to October 1, 1984, shall, upon written application to the board within six months after October 1, 1984, have the surviving spouse's rights as a beneficiary restored. Benefits shall resume as of October 1, 1984.

476.515. 1. As used in sections 476.515 to 476.565, unless the context clearly indicates otherwise, the following terms mean:

(1) "Beneficiary", a surviving spouse married to the deceased judge continuously for a period of at least [two years] one year immediately preceding the judge's death or if there is no surviving spouse eligible to receive benefits under sections 476.515 to 476.570, the term "beneficiary" shall mean any unemancipated minor child of the deceased judge, who shall share in the benefits on an equal basis with all other beneficiaries;

(2) "Benefit", a series of equal monthly payments payable during the life of a judge retiring under the provisions of sections 476.515 to 476.570 or payable to a beneficiary as provided in sections 476.515 to 476.570; all benefits paid under sections 476.515 to 476.570 in excess of any contributions made to the system by a judge shall be considered to be a part of the compensation provided a judge for the judge's services;

(3) "Commissioner of administration", the commissioner of administration of the state of Missouri;

(4) "Judge", any person who has served or is serving as a judge or commissioner of the supreme court or of the court of appeals; or as a judge of any circuit court, probate court, magistrate court, court of common pleas or court of criminal corrections of this state; as a justice of the peace; or as commissioner of the probate division of the circuit court appointed after February 29, 1972, in a first class county having a charter form of government or in a city not within a county; or as commissioner of the juvenile division of the circuit court appointed pursuant to section 211.023, RSMo;

(5) "Salary", the total compensation paid for personal services as a judge by the state or any of its political subdivisions.

2. A surviving spouse whose benefits were terminated because of remarriage prior to October 1, 1984, shall, upon written application to the board within six months after October 1, 1984, have the surviving spouse's rights as a beneficiary restored. Benefits shall resume as of October 1, 1984.

3. A surviving spouse who, on or after January 1, 1996, and before August 28, 1996, meets the qualifications of a beneficiary as defined in subdivision (1) of subsection 1 of this section shall be eligible to receive benefits as a beneficiary beginning August 28, 1996.

476.681. 1. Any retired judge or retired commissioner of the family court division of a circuit court or retired commissioner of the juvenile court division of a circuit court receiving retirement benefits under any of the applicable provisions of this chapter, who is willing to serve as a senior judge, may make application for such service with the clerk of the supreme court on forms provided by the clerk. The application shall contain information relating to the prior legal and judicial experience of the applicant, the applicant's physical and mental health, and the times of the applicant's availability. The clerk may request physical or mental examinations of any applicant and may request that the applicant furnish or authorize the furnishing of any relevant medical or other health records. An application shall be submitted to the supreme court for approval or disapproval and shall be valid for a period of one year from the date of approval.

2. Upon written request of the chief judge of any district of the court of appeals or the presiding judge of any circuit, the supreme court may appoint a senior judge from the file of approved applications maintained by the clerk of the supreme court. Appointments to serve shall be based on caseload and need, as determined by the supreme court in its discretion, taking into consideration reports filed pursuant to section 476.412, recommendations made by the judicial resources commission created herein and such other matters that the court deems relevant. The appointment may be made for a specific case or cases or for a specified period of time not to exceed one year. The appointment may be extended for additional periods of time not to exceed one year each if the appointed senior judge maintains an annual updated and approved application for appointment. Persons serving as a senior judge pursuant to the provisions of this section shall receive compensation as provided in section 476.682.

476.682. 1. Any person assigned as a senior judge pursuant to section 26 of article V of the Missouri Constitution shall receive for each day of service an amount that when added to the daily amount of annual compensation, salary or retirement compensation payable pursuant to sections 476.450 to 476.595, equals one hundred percent of the current annual salary of the office from which the judge or commissioner retired attributable to one day of service. For purposes of this subsection, one year shall equal two hundred thirty-five days.

2. A senior judge assigned pursuant to section 26 of article V of the Missouri Constitution for service outside the county where he resides shall be reimbursed for his travel and other actual and necessary expenses incurred in the performance of his services.

3. On or before the tenth day of each month a senior judge shall certify to the state courts administrator the period during the previous month during which he was assigned services and, if such services were completed, the date thereof and at the same time shall certify his expenses incurred and allowable under this section. The state courts administrator shall then issue a warrant to the state treasurer for the payment of the salary and expenses to the extent and within limitations provided for in this section. The state treasurer upon receipt of such warrant shall pay the same out of any appropriations made for this purpose on the last day of the month during which the warrant was received by him.

4. On or before the twentieth day of each month the state courts administrator shall certify the period of service reported by each senior judge pursuant to subsection 3 of this section to the Missouri state employees' retirement system. Any senior judge accumulating two hundred thirty-five days of such service shall receive credit for one year of judicial service for purposes of sections 476.520 and 476.545, for each two hundred thirty-five days of service certified by the state courts administrator to the Missouri state employees' retirement system, except, if a pro rata portion of two hundred thirty-five days would cause the senior judge's total judicial service to equal twelve years, the Missouri state employees' retirement system shall credit the service at the time the pro rata portion is certified. Upon receipt of such certification, the retirement benefit of the senior judge shall be recalculated to reflect the attainment of twelve years; the adjusted benefit will become effective the first of the month following certification.

5. Notwithstanding the provisions of section 476.510 or 476.565, no person shall receive benefits pursuant to the provisions of this section if the person is engaged in the private practice of law or doing a law business.

6. The judicial conference of the state of Missouri shall annually report on the use of senior judges pursuant to this section. Such report shall include at least the number of senior judges assigned, the number of cases assigned and disposed of by senior judges, and the expenditures made for that purpose.

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.

479.020. 1. Any city, town or village, including those operating under a constitutional or special charter, may, and cities with a population of four hundred thousand or more shall, provide by ordinance or charter for the selection, tenure and compensation of a municipal judge or judges consistent with the provisions of this chapter who shall have original jurisdiction to hear and determine all violations against the ordinances of the municipality. The method of selection of municipal judges shall be provided by charter or ordinance. Each municipal judge shall be selected for a term of not less than two years as provided by charter or ordinance.

2. Except where prohibited by charter or ordinance, the municipal judge may be a part-time judge and may serve as municipal judge in more than one municipality.

3. No person shall serve as a municipal judge of any municipality with a population of seven thousand five hundred or more or of any municipality in a county of the first class with a charter form of government unless he be licensed to practice law in this state unless, prior to January 2, 1979, he has served as municipal judge of that same municipality for at least three years.

4. Notwithstanding any other statute, a municipal judge need not be a resident of the municipality or of the circuit in which he serves except where ordinance or charter provides otherwise. Municipal judges shall be residents of Missouri.

5. Judges selected under the provisions of this section shall be municipal judges of the circuit court and shall be divisions of the circuit court of the circuit in which the municipality, or major geographical portion thereof, is located. The judges of these municipal divisions shall be subject to the rules of the circuit court which are not inconsistent with the rules of the supreme court. The presiding judge of the circuit shall have general administrative authority over the judges and court personnel of the municipal divisions within the circuit. Notwithstanding the foregoing provisions of this subsection, in any city with a population of over four hundred thousand with full-time municipal judges who are subject to a plan of merit selection and retention, such municipal judges and court personnel of the municipal divisions shall not be subject to court management and case docketing in the municipal divisions by the presiding judge or the rules of the circuit court of which the municipal divisions are a part.

6. No municipal judge shall hold any other office in the municipality which he serves as judge. The compensation of any municipal judge and other court personnel shall not be dependent in any way upon the number of cases tried, the number of guilty verdicts reached or the amount of fines imposed or collected.

7. Municipal judges shall be at least twenty-one years of age. No person shall serve as municipal judge after he has reached his [seventieth] seventy-fifth birthday.

8. Within six months after selection for the position, each municipal judge who is not licensed to practice law in this state shall satisfactorily complete the course of instruction for municipal judges prescribed by the supreme court. The state courts administrator shall certify to the supreme court the names of those judges who satisfactorily complete the prescribed course. If a municipal judge fails to complete satisfactorily the prescribed course within six months after his selection as municipal judge, his office shall be deemed vacant and such person shall not thereafter be permitted to serve as a municipal judge, nor shall any compensation thereafter be paid to such person for serving as municipal judge.

479.040. 1. Any city, town or village with a population of less than four hundred thousand may elect to have the violations of its municipal ordinances heard and determined by an associate circuit judge of the [county] circuit in which the city, town or village, or the major geographical portion thereof, is located; provided, however, if such election is made, all violations of that municipality's ordinances shall be heard and determined before an associate circuit judge or judges. If a municipality has elected to have the violations of its municipal ordinances heard and determined by an associate circuit judge, the municipality may thereafter elect to provide for a municipal judge or judges to hear such cases; provided, however, if such later election is made, all violations of that municipality's ordinances shall be heard and determined before a municipal judge. Nothing in this subsection shall preclude the transfer or assignment of another judge to hear and determine a case or class of cases when otherwise authorized by provisions of the constitution, law, or court rule. Nothing in this section shall preclude an election made [under] pursuant to the provisions of subsection 4 of this section.

2. If, after January 1, 1980, a municipality elects to have the violations of its municipal ordinances heard and determined by an associate circuit judge, the associate circuit judge or judges shall commence hearing and determining such violations six months after the municipality notifies the presiding judge of the circuit of its election. With the consent of the presiding judge, the associate circuit judge or judges may commence hearing such violations at an earlier date.

3. Associate circuit judges of the [county] circuit in which the municipality, or major geographical portion thereof, is located shall hear and determine violations of municipal ordinances of any municipality with a population of under four hundred thousand for which a municipal judge is not provided.

4. Any city, town or village with a population of less than four hundred thousand located in a county which has created a county municipal court [under] pursuant to the provisions of section 66.010, RSMo, may elect to enter into a contract with the county to have violations of municipal ordinances prosecuted, heard, and determined in the county municipal court. If a contract is entered into [under] pursuant to the provisions of this subsection, all violations of that municipality's ordinances shall be heard and determined in the county municipal court. The contract may provide for a transition period after an election is made [under] pursuant to the provisions of this subsection.

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.

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, each circuit judge may appoint an official court reporter 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 judge, 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.

[485.130. 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.

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].

512.050. When an appeal is permitted by law from a trial court and within the time prescribed, a party or his agent may appeal from a judgment or order by filing with the clerk of the trial court a notice of appeal. No such appeal shall be effective unless the notice of appeal shall be filed not later than ten days after the judgment or order appealed from becomes final and all charges due to the court reporter for preparation of the transcript of the record of the trial court are paid within ten days of the filing of the notice of appeal. After a timely filing of such notice of appeal, failure of the appellant to take any of the further steps to secure the review of the judgment or order appealed from does not affect the validity of the appeal, but is ground for such action as the appellate court deems appropriate, which may include dismissal of the appeal. The docket fee of ten dollars in the appellate court shall be deposited with the clerk of the trial court at the time of filing the notice of appeal.

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 actions on office bonds for the use of any person, actions on the bonds of personal representatives, conservators, or guardians, qui tam actions, actions on penal statutes when the penalty is given to the informer, and in all civil cases when the plaintiff or person for whose use the action is to be commenced shall not be a resident of this state, the plaintiff or person for whose use the action is to be commenced shall, before he institutes such suit, file with the clerk of the court in which the action is to be commenced the written undertaking of some person, being a resident of this state, whereby he shall acknowledge himself bound to pay all costs which may accrue in such action; and if any such action shall be commenced without filing such undertaking, or depositing with the clerk of the court in which the suit is brought, a sum of money sufficient to pay all costs that may accrue in the case, subject to be increased at any time, whenever the court may deem proper, and by its order of record require, the court, on motion, may dismiss the same, unless such undertaking be filed or sum of money be deposited before the motion is determined, and the attorney of the plaintiff shall be ruled to pay all costs accruing therein.]

514.015. 1. As used in this section and section 514.005, the following words and phrases shall mean:

(1) "Court costs", the total of fees, miscellaneous charges and surcharges, imposed in a particular case;

(2) "Fees", the amount charged for services to be performed by the court;

(3) "Miscellaneous charges", the amounts allowed by law for services provided by individuals or entities other than the court;

(4) "Surcharges", additional charges allowed by law which are allowed for specific purposes designated by law.

2. Beginning July 1, 1997, the clerk of each court of this state responsible for collecting court costs shall collect the court costs authorized by statute, in such amounts as are authorized by supreme court rule adopted pursuant to this section. Court costs due and payable prior to July 1, 1997, shall not be affected by the adoption of this rule.

3. The supreme court shall set the amount of court costs authorized by statute, at levels to produce revenue which shall not substantially exceed the total of the proportion of the costs associated with administration of the judicial system defrayed by fees, miscellaneous charges and surcharges. The court shall not increase the amount of miscellaneous charges or surcharges allowed by law. The supreme court rule may provide that in the event that any payment of court costs is made in time or installment payments or by credit card or similar method, the clerk may charge an additional fee for such time or installment payments or in order to reflect any transaction cost, surcharge or fee imposed on the recipient of the credit card payment by the credit card company. Any change in the amount of fees made by the court pursuant to this section shall take effect on July first of any particular year, provided that the proposed supreme court rule or amendment to a supreme court rule changing the amount of fees shall be published on or before January first of the year in which the rule or amendment is proposed to take effect. Any such rule may be annulled or amended in whole or part in the manner provided by section 5 of article V of the constitution of the state of Missouri.

4. Beginning July 1, 2000, or an earlier date which may be designated by order of the supreme court, upon written notice to all circuit clerks of this state, the clerk of each court of this state shall disburse court costs collected by, or under the authority of, the clerk, in the manner provided by supreme court rule. Such rule may provide that all or portions of such court costs be deposited into a special fund or funds to be established by the state courts administrator. Such funds shall not be considered to be state funds, except those funds disbursed to the department of revenue pursuant to subdivisions (4) and (5) of subsection 5 of this section; but shall be held in trust by the state courts administrator for benefit of those persons or entities entitled to receive such funds pursuant to subsection 5 of this section. All amounts deposited into such fund or funds shall be maintained by the state courts administrator, invested in the manner required of the state treasurer for state funds by sections 30.240, 30.250, 30.260 and 30.270, RSMo, and disbursed as provided by this section.

5. The state courts administrator shall disburse the amounts contained in the special fund or funds as follows:

(1) Refunds for overpayments or erroneous payments of court costs;

(2) Reimbursement in the amounts allowed by law to individuals or entities other than the court for services provided by such individuals or entities;

(3) Payment to persons or entities of additional charges allowed for specific purposes, as provided by law;

(4) Eighty percent of the remainder of such amounts, less any interest earned on such fund or funds, shall be paid to the director of the department of revenue for deposit into the general revenue fund, and the remaining twenty percent of such amounts, less interest, to each county treasury, or in the case of the city of St. Louis, the city treasury, in order to defray the costs incurred by the state, and each county and the city of St. Louis, related to the administration of the judicial system. The proportion of such total amount paid to each county and the city of St. Louis pursuant to this section shall be paid in the proportions as the court's deposits to the fund or funds bear to the total deposits to the fund, on an annual basis;

(5) Any interest earned on such fund shall be payable to the director of the department of revenue for deposit into a revolving fund to be established pursuant to this subdivision. The state treasurer shall be the custodian of the fund, and shall make disbursements, as allowed by lawful appropriations, only as follows: Sixty percent of the interest earned on such fund or funds less any costs incurred in the administration of such fund or funds maintained by the state courts administrator shall be paid to each court of this state, in the proportions as the court's deposits to the fund or funds bear to the total deposits to the fund, on an annual basis. Forty percent of the interest earned on such fund or funds maintained by the state courts administrator shall be paid to the supreme court. All of such interest earned and appropriated to courts pursuant to this subdivision shall be expended by the courts for goods and services related to the administration of the judicial system.

6. The supreme court may establish and provide for by rule such accounting guidelines, procedures, forms, controls and reviews relating to the collection, deposit, payment and disbursement of all court costs collected pursuant to this section. The supreme court may provide by rule for proper disbursement of moneys in event of a discrepancy in moneys collected and subject to disbursement.

7. Except as otherwise provided by law, all court costs are payable prior to the time the service is rendered; provided that if the amount of such court cost cannot be readily determined, then the clerk shall collect a deposit based upon the likely amount of such court cost, and the balance of such court cost shall be payable immediately upon ascertainment of the proper amount of said court cost. An official may refuse to perform any service in any action or proceeding, other than a criminal proceeding or when costs are waived as provided by law, until the court costs are paid. Failure to collect the court cost shall not affect the validity of the court cost or service. The supreme court may provide by rule for imposition of interest on any court costs not paid within thirty days of when due. If any court cost is not paid when due, the following actions may be taken:

(1) Upon notification by the court or clerk to the party from whom the court cost is due or such party's attorney, and upon the failure to pay the court cost after such notice, the court may dismiss the action or any claim by the defaulting party which is part of the action, without prejudice to the party;

(2) The court may refuse to enter any order or judgment in favor of the defaulting party, or if within the time period allowed by law before the order or judgment is final, may withdraw such order or judgment;

(3) Upon notification to the party from whom the court cost is due, and upon failure to pay the fee after such notice, the clerk may report to any consumer credit reporting agency the amount of any unpaid court costs. The clerk may also retain the services of collection agencies and attorneys in order to collect the amount of any unpaid court costs, and may incur charges resulting from the collection of such unpaid court costs, including entering into contingency fee contracts, subject to administrative rule of the supreme court. No person or entity shall be civilly liable for any act in relation to any reporting or referral of any unpaid court costs pursuant to this subdivision;

(4) Upon notification to the party from whom the court cost is due, and upon failure to pay the court cost after such notice, the court may inform the department of revenue of any total delinquencies in excess of twenty-five dollars. Upon receiving such notice, and without further notice by the department of revenue to the defaulting party, if the court is able to provide sufficient identifying information regarding the defaulting party, the department of revenue shall not issue any notice of renewal of registration for any motor vehicle, trailer, motor boat or outboard motor, or issue any notice to renew any license pursuant to chapter 302, RSMo, to the defaulting party; and shall not register or issue a certificate of registration for any motor vehicle, trailer, motor boat, outboard motor or manufactured home, or issue any license pursuant to chapter 302, RSMo, to the defaulting party;

(5) Upon notification to the party from whom the court cost is due, and upon failure to pay the court cost after such notice, the court may inform the state treasurer of any total delinquencies in excess of twenty-five dollars. Upon receiving such notice, and without further notice by the state treasurer to the defaulting party, the state treasurer shall deduct the amount of the unpaid court costs from any state check due to the defaulting party under the provisions of any provision of law. The state treasurer shall transmit the amount set off to the court, and shall send the excess amount to the payee, with a notice that the remainder of the refund was transmitted to the court in satisfaction of all or part of the unpaid court costs. The state treasurer and such treasurer's officials and employees shall not be liable to any person for any action taken in accordance with the requirements of this subdivision. Any proceeding contesting any action taken by a court or the state treasurer pursuant to this subdivision shall be brought in the court which certified such unpaid fees to the state treasurer, and shall be deemed ancillary to the proceeding for which such unpaid fees were assessed. No appearance, responsive pleading or discovery shall be due from the state treasurer in such proceeding except upon order of the court;

(6) Upon notification to the party from whom the fee is due, and upon failure to pay the fee after such notice, the clerk may impose a lien upon, or seek execution based on the amount of the unpaid fees without regard to any exemption allowed by law on the goods, chattels, money and effects of the defaulting party, including, but not limited to, the following:

(a) Any motor vehicles, trailers, motor boats, outboard motors and manufactured homes;

(b) Any account, obligation due, distributive share of a decedent's estate, any demand or right of action for personal injury or negligence, any workers' compensation benefit or settlement, or any contract right or right to receive money or property from any person;

(c) Any money or property paid into or held by the court or any person or entity for benefit of or due or payable to, the defaulting party;

(d) Any interest in real estate.

[514.020. If, at any time after the commencement of any suit by a resident of this state, he shall become nonresident, or in any case the court shall be satisfied that any plaintiff is unable to pay the costs of suit, or that he is so unsettled as to endanger the officers of the court with respect to their legal demands, the court shall, on motion of the defendant or any officer of the court, rule the plaintiff, on or before the day in such rule named, to give security for the payment of the costs in such suit; and if such plaintiff shall fail, on or before the day in such rule named, to file the undertaking of some responsible person, being a resident of this state, whereby he shall bind himself to pay all costs which have accrued or may accrue in such action, or deposit with the clerk of the court in which said suit is pending a sum of money sufficient to pay all costs that have accrued or will probably accrue in the case, subject to be increased at any time whenever the court may deem proper and by its order require, the court may, on motion, dismiss the suit unless such undertaking shall be filed or sum of money be deposited before the motion is determined.]

[514.290. Costs attending the correction of every bill of costs, and enforcing the order to refund, as provided in section 514.280, shall be paid by the clerk improperly charging fees.]

[514.300. In all cases where costs shall be awarded, either before or upon final judgment, execution shall be issued therefor forthwith by the clerk, unless otherwise ordered by the party in whose favor such costs shall be awarded.]

514.303. All costs involved in the execution and sale of property pursuant to judgment, except attorney's fees, may be [taxed as court costs] awarded as judgment in favor of the party incurring such costs, including moving expenses, insurance, storage charges, and any other expenses except for attorney's fees, reasonably incurred as a result of such execution and sale. Creditors shall certify such expenses as true and accurate in an affidavit filed with the court, and shall provide the court with copies of all receipts. The court may then award such costs as it deems reasonable and necessary.

[514.320. Every clerk of any court of record issuing a fee bill or writ of fieri facias in violation of the provisions of section 514.310, and any officer undertaking to collect money thereon without having himself complied with the provisions thereof concerning himself, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall forfeit his office.]

514.330. The [circuit] clerks [and division clerks] who are responsible by law or court rule for collecting [fees] court costs shall strictly examine the accounts of all [fees] court costs accruing during the progress of any civil suit pending in divisions for which they are responsible for collecting [fees] court costs, and shall correct the same if wrong in any manner, and shall thereupon enter the amount thereof upon their [fee books, and the said clerks shall promptly, if required by the party entitled to fees, certify a fee bill of such services and deliver the same to the sheriff or other officer of the proper county charged by law with the service of executions, who shall proceed forthwith to collect the same] records; and if the person or persons and their sureties for costs properly chargeable with such [fees] court costs shall neglect or refuse to pay the amount thereof, and costs for issuing and serving the same, within thirty days after demand [of said sheriff or other officer aforesaid, the same shall be levied of the goods and chattels, moneys and effects of such persons or their sureties, in the same manner and with like effect as on an execution; and if any such officer shall neglect or refuse to levy and collect such fees, or to pay over the money collected thereon to the person entitled thereto, within three months after such fee bill shall have been delivered to him, the court wherein such fees accrued shall, upon ten days' previous notice given to such officer, on motion, enter up judgment against him and his sureties for the amount of the fee bill, interest and costs thereon], the clerk shall take such action to collect such fees as provided by section 514.015, RSMo.

514.335. In any court case or proceeding in which a guardian ad litem is appointed by the court to safeguard the interests of a minor and in which the minor is not a party, the court may [allow] enter judgment in favor of the guardian ad litem [a] allowing reasonable compensation for [his] such guardian ad litem's services[, which shall be taxed as costs in the case or proceeding].

514.440. The [circuit judge or] judges of the circuit court, en banc, in any [county of class one] circuit in this state, by rule of court adopted prior to January 1, 1997, may require [the attorney or attorneys for] any party filing [suit] a civil case in the circuit court, at the time of filing the suit, to deposit with the clerk of the court a [sum not to exceed five] surcharge in the amount of not to exceed fifteen dollars in addition to all other deposits [now or hereafter] required by law or court rule[, and no summons shall issue until the deposit has been made]. Sections 514.440 to 514.460 shall not apply to [actions sent to the county on change of venue or cases within the probate jurisdiction, cases filed under chapter 517, RSMo, procedures, cases filed under small claims procedures, applications for trial de novo, or to suits, civil or criminal, filed] proceedings when costs are waived or are to be paid by the county or state or any city.

514.450. [On the first day of each month said circuit clerk shall pay the entire fund created by said deposits during the preceding month] Moneys collected pursuant to section 514.440 shall be payable to the circuit judge or judges of the circuit court of the county [in] from which such [deposits] surcharges were [made] collected, or to such person as is designated by local circuit court rule as treasurer of said fund, and said fund shall be applied and expended under the direction and order of the circuit judge or judges of the circuit court of any such county for the maintenance and upkeep of the law library maintained by the bar association in any such county, or such other law library in any such county as may be designated by the circuit judge or judges of the circuit court of any such county; provided, that the judge or judges of the circuit of any such county, and the officers of all courts of record of any such county, shall be entitled at all reasonable times to use the library to the support of which said funds are applied.

514.460. If in any suit in which a deposit is provided for under sections 514.440 to 514.460, the party filing the suit shall prevail, the amount of said deposit required at the time of filing said suit shall be [taxed as costs] awarded and collectable as a judgment entered in said suit[, and upon collection thereof, shall be paid by the circuit clerk to the attorney] in favor of the prevailing party making said deposit.

[514.470. The circuit judge or judges of the circuit court in any county of the second, third or fourth class in this state may by rule of court require the attorney or attorneys for any party filing suit in the circuit court, at the time of filing the suit, to deposit with the clerk of the court a sum not to exceed ten dollars in any county of the second, third or fourth class, and in any first class county which has a charter form of government and which has a population of more than nine hundred thousand inhabitants, and in any city not within a county, except a county of the second class which is required by law to hold circuit court in more than one city, in addition to all other deposits now or hereafter required by law or court rule, and no summons shall issue until such deposit has been made. This law does not apply to actions sent to the county on change of venue or cases within the probate jurisdiction, cases filed under small claims procedures, applications for trial de novo, or to suits, civil or criminal, filed by the county or state or any city. This section shall not apply to cases filed under chapter 517, RSMo, procedures, except the circuit judge or judges or the circuit court in any city not within a county, any first class charter county which adjoins a city not within a county, any county of the second class in which state fairgrounds facilities are located, any second class county which has another state as a border and which contains all of a city with a population of seventy-five thousand or more inhabitants and any third class county may by rule of court require such fee for cases filed under chapter 517, RSMo, procedures; however, the amount of such fee may be less than or equal to any other fee imposed pursuant to this section.]

[514.475. In all counties which are required by law to hold circuit court in two cities and a law library is maintained in each of said cities, the circuit judges of the circuit court may by rule of court require the attorney or attorneys for any party filing suit in the circuit court at the time of filing the suit to deposit with the clerk of the circuit court a sum not to exceed fifteen dollars, in addition to all other deposits now or hereafter required by law or court rule, and no summons shall issue until such deposit has been made. This law does not apply to actions sent to the county on a change of venue or cases within the probate jurisdiction, cases filed under small claims procedures, applications for trial de novo, or to suits, civil or criminal, filed by the county or state or any city. This section shall not apply to cases filed under chapter 517, RSMo, procedures, except the circuit judges of any such circuit court, as well as of the circuit court in any first class charter county containing all or part of a city having a population of more than four hundred fifty thousand may by rule of court require such fees for cases filed under chapter 517, RSMo, procedures; however, the amount of such fee may be less than or equal to any other fee imposed pursuant to this section.]

[514.480. On the first day of each month each clerk who is responsible for the collection of such fees shall pay the entire fund created by said deposits during the preceding month to the circuit judge or judges of the circuit court of the county in which such deposits were made, or to such person as the circuit judge or judges of the circuit court of said county may designate by local circuit court rule as treasurer of said fund, and said fund shall be applied and expended under the direction and order of the circuit judge or judges of the circuit court of any such county for the maintenance and upkeep of the law library maintained by the bar association in any such county or in an adjoining county, or such other law library in any such county, or in an adjoining county, as may be designated by the circuit judge or judges of the circuit court of any such county, provided that the judge or judges of the circuit court of any such county, and the officers of all courts of record of any such county and all attorneys licensed to practice law in any such county shall be entitled at all reasonable times to use the library to the support of which said funds are applied.]

[514.490. If in any suit in which a deposit is provided for under section 514.470, the party filing the suit shall prevail, the amount of said deposit required at the time of filing said suit shall be taxed as costs against the attorney or attorneys representing the defendant or defendants in said suit, and, upon collection thereof, shall be paid by the circuit clerk to the attorney making said deposit.]

517.151. From the time of filing the transcript, every such judgment shall have the same lien on the real estate of the defendant in the county as is given judgments rendered by circuit judges. The circuit clerk shall collect [two dollars fee] fees in such amounts as are determined pursuant to section 514.015, RSMo, for each transcript filed. The revival of any such lien upon real estate shall be under the same procedures as with judgments originally rendered by a circuit judge, shall be made from the record of the transcripted judgment so filed in the office of circuit clerk, and may be revived under proceedings before either a circuit or an associate circuit judge. The foregoing provisions shall not apply with respect to any judgment of a small claims court nor shall any judgment of a small claims court be a lien upon real estate.

531.010. In case any person shall usurp, intrude into or unlawfully hold or execute any office or franchise, the [attorney general of the state, or any circuit or prosecuting attorney of the county in which the action is commenced,] petitioner shall exhibit to the circuit court, or other court having concurrent jurisdiction therewith in civil cases, an information in the nature of a quo warranto[, at the relation of any person desiring to prosecute the same; and when such information has been filed and proceedings have been commenced, the same shall not be dismissed or discontinued without the consent of the person named therein as the relator; but such relator shall have the right to prosecute the same to final judgment, either by himself or by attorney]. If such information be filed or exhibited against any person who has usurped, intruded into or is unlawfully holding or executing the office of judge of any judicial circuit, then it shall be the duty of the [attorney general of the state, or circuit or prosecuting attorney of the proper county,] petitioner to exhibit such information to the circuit court of some county adjoining and outside of such judicial circuit, and nearest to the county in which the [person] judge so offending shall reside.

531.020. The [relator] petitioner shall be named as such, in the information against such person usurping, intruding into or unlawfully holding or executing any such office or franchise, and shall proceed thereon in such manner as is usual in cases of information in the nature of a quo warranto.

531.050. In case any person, against whom any such information in the nature of a quo warranto shall be prosecuted, shall be adjudged guilty of any usurpation of, or intrusion into, or unlawfully holding and executing any office or franchise, it may be lawful for the court as well to give judgment of ouster against such person from any of the said offices or franchises, as to fine such person for his usurpation of, intruding into or unlawfully holding and executing any such office or franchise, and to give judgment that the [relator] petitioner in such information named shall recover his costs of such prosecution; and if judgment shall be given for the defendant in such information, he shall recover his costs against such [relator] petitioner.

531.060. The court in which any information shall be exhibited shall allow to the [relator] petitioner and the defendant such convenient time to answer, reply or make a motion as shall seem just and reasonable.

550.260. 1. All criminal court cost [fee] bills shall be certified for payment as herein provided, and in addition thereto the circuit clerks of each county shall make copies of all original [fee] criminal court cost bills certified to the commissioner of administration for payment, and shall file the same with the treasurers of their respective counties, and the city of St. Louis, at the time of transmitting the original for payment.

2. When [fee] criminal court cost bills are certified to the commissioner of administration, warrants shall be drawn on the state treasurer as provided by law [and], provided that the amounts due to the state contained within such criminal court cost bills may be withheld by the state before payment is made to the counties. Payment shall be transmitted to the treasurer of the county from whence the bill originated, or the city of St. Louis. When any criminal cost [fee] bill shall be certified to the county commission or the comptroller of the city of St. Louis, for payment, the county clerk, or the comptroller of the city of St. Louis, when the same is allowed, shall draw a warrant on the county treasurer or city treasurer in payment thereof, and deliver the same to the county treasurer, or to the treasurer of the city of St. Louis, together with a list of the names of the various parties to whom the fees are due, stating the amount due each person.

3. The treasurers, on receipt of any such warrants and [fees] criminal court cost bills, shall record the [fee] criminal court cost bills in a well-bound book arranged with appropriate headings, so that the same shall correspond, as near as may be, with the accounts required to be kept by other officers in section 50.470, RSMo.

550.300. At the end of each term of court after the receipt of each criminal court cost [fee] bill from either the state auditor or the county clerk, the treasurer shall strike a balance of the same, and shall turn over the amounts collected on account of the various items of indebtedness herein mentioned to the various funds to which they belong or in the manner provided by section 514.015, RSMo. And all uncalled for fees paid by the state shall be promptly transmitted to the state director of revenue who shall deposit the same in the state treasury, and those paid by the county shall be turned over to the credit of the county revenue fund.

561.035. [Any person who is convicted of or pleads guilty to a drug-related offense pursuant to the provisions of chapter 195, RSMo, or an intoxication-related traffic offense, as defined in section 577.023, RSMo,] In all criminal cases including violations of any county ordinance or any violation of criminal or traffic laws of this state, including an infraction, there shall be assessed as costs a [fee] surcharge in the amount of [five dollars.] fifty cents. No such surcharge shall be collected in any proceeding involving a violation of an ordinance or state law 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 [fee] surcharge shall be collected and disbursed by the clerk of the court [and paid at least monthly to the director of revenue and placed to the credit of] as provided by section 514.015, RSMo. Moneys collected from this surcharge shall be payable to the independent living center fund created in section 178.653, RSMo.

590.140. 1. A [fee] surcharge of up to two dollars may be assessed as costs in each [court proceeding filed in any court in the state for violations of the general] criminal case involving violations of any county ordinance or a violation of any criminal or traffic laws of the state, including infractions, or violations of [county or] municipal ordinances, provided 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 no such fee shall be collected] in any proceeding 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, prior to January 1, 1997, by the county government where the violation occurred. For violations of municipal ordinances, no such [fee] surcharge shall be collected unless it is authorized, prior to January 1, 1997, by the municipal government where the violation occurred. If imposed by a municipality, such [fees] surcharges shall be collected by the [official] clerk of [each respective] the municipal court responsible for collecting court costs and fines and shall be transmitted monthly to the treasurer of the municipality where the violation occurred in cases of violations of municipal ordinances. If imposed by a county, such surcharges shall be collected and disbursed as provided in section 514.015, RSMo. Such surcharges shall be payable to the treasurer of the county where the violation occurred in the case of violations of the general criminal laws of the state or county ordinances [and to the treasurer of the municipality where the violation occurred in the case of violations of municipal ordinances]. An additional surcharge in the amount of one dollar [may] shall be assessed as [costs as] provided in this section, and [sent] shall be collected and disbursed as provided in section 514.015, RSMo, and payable to the state treasury to the credit of the peace officer standards and training commission fund created in section 590.178. Any county or municipality not [contributing] enacting an order or ordinance effective prior to January 1, 1997, providing surcharges to the peace officer standards and training commission fund shall not be entitled to any reimbursement from the fund. Such [fees] surcharges shall be in addition to the court costs and fees and limits on such court costs and fees established by section 66.110, RSMo, and section 479.260, RSMo.

2. Each county and municipality shall use all funds received under this section only to pay for the training required as provided in sections 590.100 to 590.180 or for the training of county coroners and their deputies. No county or municipality shall retain more than one thousand five hundred dollars of such funds for each certified law enforcement officer, candidate for certification employed by that agency or a coroner and the coroner's deputies. Any excess funds shall be transmitted quarterly to the general revenue fund of the county or municipality treasury which assessed the costs.

595.045. 1. There is established in the state treasury the "Crime Victims' Compensation Fund". A [fee] surcharge of five dollars shall be assessed as costs in each court proceeding filed in any court in the state [for violation of a] in all criminal [law] cases including violations of any county ordinance or any violation of criminal or traffic laws of the state, including an infraction and violation of a municipal [or county] ordinance; except that [no such fee shall be collected for violations of any provision of chapter 252, RSMo, or any rule or regulation adopted under chapter 252, RSMo, for any nonmoving traffic violations, except violations of weight limit and safety laws, and] no such fee 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, county, or municipality [on behalf of an indigent defendant]. A fee of five dollars shall be assessed as costs in a juvenile court proceeding in which a child is found by the court to come within the applicable provisions of subdivision (3) of subsection 1 of section 211.031, RSMo.

2. The moneys collected by clerks of the courts, except municipal clerks, [under] pursuant to the provisions of subsection 1 of this section shall be [paid] collected and disbursed in accordance with section [483.545, RSMo, and subsection 4 of section 483.550] 514.015, RSMo. [The director of revenue shall deposit annually] From all such fees collected annually, the amount of two hundred fifty thousand dollars shall be payable to the state forensic laboratory account administered by the department of public safety to provide financial assistance to defray expenses of crime laboratories if such analytical laboratories are registered with the federal Drug Enforcement Agency or the Missouri department of health. Subject to appropriations made therefor, such funds shall be distributed by the department of public safety to the crime laboratories serving the courts of this state making analysis of a controlled substance or analysis of blood, breath or urine in relation to a court proceeding. Of the remaining funds collected under the provisions of subsection 1 of this section, [the director of revenue shall deposit] seventy-five percent shall be payable for deposit to the credit of the crime victims' compensation fund and twenty-five percent to the services to victims fund established in section 595.100. The director of revenue or [his] such director's designee shall at least monthly report the moneys paid into the crime victims' compensation fund and the services to victims fund to the division of workers' compensation and the department of public safety, respectively.

3. The moneys collected by clerks of municipal courts pursuant to subsection 1 of this section shall be [paid at least monthly as follows:

(1) Ninety-five percent of such fee shall be paid to the director of revenue; and

(2)] collected and disbursed as provided by section 514.015, RSMo. Five percent of such moneys shall be [paid into] payable to the city treasury of the city from which such funds were collected. The [director of revenue shall deposit] remaining ninety-five percent of such moneys shall be payable to the director of revenue. Seventy-five percent of the amount collected shall be deposited to the credit of the crime victims' compensation fund and twenty-five percent to the services to victims fund. The director of revenue or [his] such director's designee shall, at least monthly, report the moneys paid into the crime victims' compensation fund and the services to victims fund to the division of workers' compensation and the department of public safety, respectively.

4. These funds shall be subject to a biennial audit by the Missouri state auditor.

5. In addition to the moneys collected [under] pursuant to subsection 1 of this section, the court shall enter a judgment in favor of the state of Missouri, payable to the crime victims' compensation fund, of sixty-eight dollars if the conviction is for a class A or B felony; forty-six dollars if the conviction is for a class C or D felony; and ten dollars if the conviction is for any misdemeanor under the following Missouri laws:

(1) Chapter 195, RSMo, relating to drug regulations;

(2) Chapter 311, RSMo, but relating only to felony violations of this chapter committed by persons not duly licensed by the supervisor of liquor control;

(3) Chapter 491, RSMo, relating to witnesses;

(4) Chapter 565, RSMo, relating to offenses against the person;

(5) Chapter 566, RSMo, relating to sexual offenses;

(6) Chapter 567, RSMo, relating to prostitution;

(7) Chapter 568, RSMo, relating to offenses against the family;

(8) Chapter 569, RSMo, relating to robbery, arson, burglary and related offenses;

(9) Chapter 570, RSMo, relating to stealing and related offenses;

(10) Chapter 571, RSMo, relating to weapons offenses;

(11) Chapter 572, RSMo, relating to gambling;

(12) Chapter 573, RSMo, relating to pornography and related offenses;

(13) Chapter 574, RSMo, relating to offenses against public order;

(14) Chapter 575, RSMo, relating to offenses against the administration of justice;

(15) Chapter 577, RSMo, relating to public safety offenses.

[The] Any clerk of the court [processing such funds] receiving moneys pursuant to such judgments shall [pay over, at least monthly, the moneys collected as] collect and disburse such crime victims' compensation judgments in the manner provided by section 514.015, RSMo. Such funds shall be payable to the state treasury[. Such funds shall be] and deposited to the credit of the crime victims' compensation fund.

6. The clerk of the court processing such funds shall maintain records of all dispositions described in subsection 1 of this section [and all dispositions where a judgment has been entered against a defendant in favor of the state of Missouri in accordance with this section; all payments made on judgments for alcohol-related traffic offenses; and any judgment or portion of a judgment entered but not collected. These records shall be subject to audit by the state auditor. The clerk of each court transmitting such funds shall report separately the amount of dollars collected on judgments entered for alcohol-related traffic offenses from other crime victims' compensation collections or services to victims collections.

7. The clerks of the court shall report all delinquent payments to the department of revenue by October first of each year for the preceding fiscal year, and such sums may be withheld pursuant to subsection 11 of this section.

8. The department of revenue shall maintain records of funds transmitted to the crime victims' compensation fund by each reporting court and collections pursuant to subsection 14 of this section and shall maintain separate records of collection for alcohol-related offenses].

[9.] 7. The state courts administrator shall include in the annual report required by section 476.350, RSMo, the circuit court caseloads and the number of crime victims' compensation judgments entered.

[10.] 8. All awards made to injured victims under sections 595.010 to 595.105 and all appropriations for administration of sections 595.010 to 595.105, except sections 595.050 and 595.055, shall be made from the crime victims' compensation fund. Any unexpended balance remaining in the crime victims' compensation fund at the end of each biennium shall not be subject to the provision of section 33.080, RSMo, requiring the transfer of such unexpended balance to the ordinary revenue fund of the state, but shall remain in the crime victims' compensation fund. In the event that there are insufficient funds in the crime victims' compensation fund to pay all claims in full, all claims shall be paid on a pro rata basis. If there are no funds in the crime victims' compensation fund, then no claim shall be paid until funds have again accumulated in the crime victims' compensation fund. When sufficient funds become available from the fund, awards which have not been paid shall be paid in chronological order with the oldest paid first. In the event an award was to be paid in installments and some remaining installments have not been paid due to a lack of funds, then when funds do become available that award shall be paid in full. All such awards on which installments remain due shall be paid in full in chronological order before any other postdated award shall be paid. Any award [hereunder] pursuant to this subsection is specifically not a claim against the state, if it cannot be paid due to a lack of funds in the crime victims' compensation fund.

[11.] 9. When judgment is entered against a defendant as provided in this section and such sum, or any part thereof, remains unpaid, there shall be withheld from any disbursement, payment, benefit, compensation, salary, or other transfer of money from the state of Missouri to such defendant an amount equal to the unpaid amount of such judgment. Such amount shall be paid forthwith to the crime victims' compensation fund and satisfaction of such judgment shall be entered on the court record. Under no circumstances shall the general revenue fund be used to reimburse court costs or pay for such judgment. The director of the department of corrections shall have the authority to pay into the crime victims' compensation fund from an offender's compensation or account the amount owed by the offender to the crime victims' compensation fund, provided that the offender has failed to pay the amount owed to the fund prior to entering a correctional facility of the department of corrections.

[12.] 10. All interest earned as a result of investing funds in the crime victims' compensation fund shall be paid into the crime victims' compensation fund and not into the general revenue of this state.

[13.] 11. Any person who knowingly makes a fraudulent claim or false statement in connection with any claim hereunder is guilty of a class A misdemeanor.

[14.] 12. Any gifts, contributions, grants or federal funds specifically given to the division for the benefit of victims of crime shall be credited to the crime victims' compensation fund.

Section 1. The clerk of the circuit court shall charge and collect fees for the clerk's duties as prescribed by sections 429.090 and 429.120, RSMo, in such amounts as are determined pursuant to section 514.015, RSMo.

Section 2. The circuit clerk shall charge an amount determined pursuant to section 514.015, RSMo, as fees for maintaining records required pursuant to section 452.340, RSMo, which fee shall be deducted from the first maintenance or support payment made each calendar year, except that no fee shall be charged for maintaining records for any IV-D case. This fee shall be paid to the county or city general revenue fund.

Section 3. A fee in an amount determined pursuant to section 514.015, RSMo, shall accompany each duly acknowledged request for notice of any partial or final distribution or both filed pursuant to section 473.618, RSMo, with the clerk of the probate division of the circuit court having jurisdiction.

Section 4. A will may be deposited by the person making it, or by some person for him, 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 in an amount determined pursuant to section 514.015, RSMo, shall receive and keep, and give a certificate of deposit for, a will deposited with the court pursuant to section 474.510, RSMo.

Section 5. Venue for any civil action involving the board of police commissioners, established pursuant to section 84.020, RSMo, shall be appropriate in the twenty- second judicial circuit.

Section B. Sections 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, 483.310, 483.312, 483.500, 483.505, 483.510, 483.530, 483.535, 483.550, 483.580, 483.591, 485.040, 487.170, 491.280, 492.590, 494.480, 506.140, 514.303, 514.330, 514.335, 514.440, 514.450, 514.460, 517.151, 550.260, 550.300, 561.035, 590.140, 595.045, 2, 3, 4 and 5 of this act shall become effective July 1, 1997.

Section C. The provisions of section 211.342 shall terminate on January 1, 2005.