L3201.09T

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, 208.215, 210.160, 210.842, 429.090, 429.120, 442.035, 452.330, 452.345, 452.395, 452.402, 452.423, 452.490, 452.610, 454.150, 455.030, 455.040, 455.205, 473.233, 473.420, 473.618, 474.510, 476.053, 478.463, 479.020, 479.260, 479.261, 482.345, 483.310, 483.312, 483.500, 483.505, 483.510, 483.530, 483.535, 483.545, 483.550, 483.580, 483.591, 485.130, 485.150, 490.130, 491.280, 492.590, 494.456, 494.480, 494.490, 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, 537.675, 550.260, 550.300, 561.035, 575.130, 590.140, 595.045, and 630.167, RSMo 1994, and sections 302.137, 478.401 and 487.170, RSMo Supp. 1995, relating to the assessment, collection, disbursement and expenditure of moneys in judicial proceedings and judicial procedures, and to enact in lieu thereof one hundred new sections relating to the same subject, with penalty provisions, an effective date for certain sections and expiration date for certain provisions.

Be it enacted by the General Assembly of the State of Missouri, as follows:

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550.300, 561.035, 590.140 and 595.045, RSMo 1994, and sections 302.137, 478.401 and 487.170, RSMo Supp. 1995, are repealed and sixty- two new sections enacted in lieu thereof, to be known as sections 14.040, 56.765, 57.280, 57.290, 57.955, 66.110, 67.133, 98.330, 141.380, 193.205,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

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. For purposes of this section, the term "county ordinance" shall not include any ordinance of the city of St. Louis. 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. For purposes of this section, the term "county ordinance" shall not include any ordinance of the city of St. Louis. A similar fee of four dollars shall be assessed as costs in each court proceeding filed in any court in the state in any civil proceeding except those filed in the municipal divisions] or municipality. All fees collected under the provisions of this section shall be [paid monthly by the clerk of the court wherein the costs are] collected and disbursed in the manner provided by section 514.015, RSMo, and payable to the county treasurer [for transmittal to the state treasurer] who shall deposit those funds in the ["County Officers Compensation Fund" which is hereby created. Thereafter, on a monthly basis, the state treasurer shall, from the county officers compensation fund, reimburse each county which has paid additional compensation to county officers pursuant to the provisions of sections 49.102, 51.303, 52.245, 53.092, 54.267, 55.096, 57.316, 59.224, 58.137 and 473.739, RSMo, for such amounts so paid. If moneys in the fund would be exhausted by the reimbursements provided by the provisions of this section, the reimbursements shall be prorated. If moneys remain in the fund after all reimbursements have been made, any such remainder shall be transferred to the state's general revenue fund.] county treasury.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(5) Custodial arrangements for minor children.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2. The guardian ad litem shall:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[473.420. Whenever a claim or offsets or counterclaims thereto exceed one hundred dollars and either party demands a jury, one shall be summoned and the trial conducted before it; in all other cases the claim, offsets and counterclaims shall be tried by the court without a jury. A party, other than an executor or administrator, demanding a jury, before the same is summoned, shall deposit with the clerk an amount as estimated by the judge or clerk to be sufficient to pay the costs of the jury.] 473.618. 1. Any judgment creditor of a distributee desiring notice of any partial or final distribution or both, may, at any time subsequent to the granting of letters testamentary or of administration, file with the clerk of the probate division of the circuit court having jurisdiction a duly acknowledged request for such notice and shall cause a copy of the request to be served upon the personal representative administering the estate or upon [his] such representative's attorney of record. The request shall specify the name and address of the judgment creditor, the name of the debtor-distributee and the identity of the estate. A separate request shall be filed for each judgment creditor of a distributee desiring notice [and a fee of ten dollars shall accompany each request]. After the serving and filing of any such request, any distributee mentioned in the request may be referred to as a "debtor-distributee".

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

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

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

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

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

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

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

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

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

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

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

479.260. 1. Municipalities by ordinance may provide for [court costs] fees in an amount [not to exceed twelve dollars] per case to be set pursuant to section 514.015, RSMo, for each municipal ordinance violation case filed before a municipal judge, and in the event a defendant pleads guilty or is found guilty, the judge may assess costs against the defendant except in those cases where the defendant is found by the judge to be indigent and unable to pay the costs. The [costs] fees authorized in this subsection are in addition to service [costs] charges, witness fees and jail costs that may otherwise be authorized to be assessed, but are in lieu of other court [or judge] costs [or fees]. [Such costs] The fees provided by this subsection shall be collected by the municipal division clerk in municipalities electing or required 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] each 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 or required 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 or required to have violations of municipal ordinances tried before a municipal judge pursuant to section 479.020, or to employ judicial personnel pursuant to section 479.060, shall be disbursed to the [county or] city at least monthly, and such surcharges collected by circuit court clerks shall be collected and disbursed as provided by section 514.015, RSMo. Such fees shall be payable to the city or county wherein such fees originated. The county or city shall use such [additional costs] moneys only for the purpose of providing operating expenses for shelters for battered persons as defined in sections 455.200 to 455.230, RSMo.

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

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

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

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

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

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

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

483.310. 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.] 483.580. 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.

[485.130. 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.

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

For attending any court of record, reference, arbitrators,

commissioner, clerk or coroner, at any inquest or inquiry

of damages, within the county where the witness resides,

each day $3.00

For like attendance out of the county where witness resides,

each day 4.00

For traveling each mile in going to and returning from

the place of trial .07

For attending under the law to perpetuate testimony, the

same fees as are allowed for attending a court of record

in like cases; but witnesses attending in more than one

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

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

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

and at the same place shall not be allowed any fees that

day] subject to guidelines to be promulgated by the

supreme court.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[514.010. 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.]

[514.020. 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.

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 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. Any such surcharge shall be authorized by the county or municipality and written notice given to the supreme court of such authorization prior to December first of the year preceding the state fiscal year during which such surcharge is to be collected and disbursed in the manner provided by section 514.015, RSMo. 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] surcharge 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. Notwithstanding any other provision of law to the contrary, 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, and shall be payable to the director of the department of revenue. The director of revenue shall deposit annually the amount of two hundred fifty thousand dollars 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 to the credit of the crime victims' compensation fund and twenty-five percent to the services to victims fund established in section 595.100.]

3. The remaining funds collected under subsection 1 of this section shall be subject to the following provisions:

(1) On the first of every month, the director of revenue or the director's designee shall determine the balance of the funds in the crime victims' compensation fund available to satisfy the amount of compensation payable pursuant to sections 595.010 to 595.075, excluding sections 595.050 and 595.055;

(2) Beginning on October 1, 1996, and on the first of each month, if the balance of the funds available exceeds one million dollars plus one hundred percent of the previous twelve months' actual expenditures, excluding the immediate past calendar month's expenditures, paid pursuant to sections 595.010 to 595.075, excluding sections 595.050 and 595.055, then the director of revenue or the director's designee shall deposit fifty percent to the credit of the crime victims' compensation fund and fifty percent to the services to victims' fund established in section 595.100;

(3) Beginning on October 1, 1996, and on the first of each month, if the balance of the funds available is less than one million dollars plus one hundred percent of the previous twelve months' actual expenditures, excluding the immediate past calendar month's expenditures, paid pursuant to sections 595.010 to 595.075, excluding sections 595.050 and 595.055, then the director of revenue or the director's designee shall deposit seventy-five percent to the credit of the crime victims' compensation fund and twenty-five percent to the services to victims' fund established in section 595.100;

4. The director of revenue or [his] such director's designee shall at least monthly report the moneys paid pursuant to this section 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.] 5. 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 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 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.] The funds received by the director of revenue pursuant to this subsection shall be distributed as follows:

(1) On the first of every month, the director of revenue or the director's designee shall determine the balance of the funds in the crime victims' compensation fund available to satisfy the amount of compensation payable pursuant to sections 595.010 to 595.075, excluding sections 595.050 and 595.055;

(2) Beginning on October 1, 1996, and on the first of each month, if the balance of the funds available exceeds one million dollars plus one hundred percent of the previous twelve months' actual expenditures, excluding the immediate past calendar month's expenditures, paid pursuant to sections 595.010 to 595.075, excluding sections 595.050 and 595.055, then the director of revenue or the director's designee shall deposit fifty percent to the credit of the crime victims' compensation fund and fifty percent to the services to victims' fund established in section 595.100;

(3) Beginning on October 1, 1996, and on the first of each month, if the balance of the funds available is less than one million dollars plus one hundred percent of the previous twelve months' actual expenditures, excluding the immediate past calendar month's expenditures, paid pursuant to sections 595.010 to 595.075, excluding sections 595.050 and 595.055, then the director of revenue or the director's designee shall deposit seventy-five percent to the credit of the crime victims' compensation fund and twenty-five percent to the services to victims' fund established in section 595.100.

[4.] 6. These funds shall be subject to a biennial audit by the Missouri state auditor. Such audit shall include all records associated with crime victims' compensation funds collected, held or disbursed by any state agency.

[5.] 7. 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.] 8. 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.] 9. 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] 14 of this section.

[8.] 10. 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] 17 of this section and shall maintain separate records of collection for alcohol-related offenses.

11. Notwithstanding any other provision of law to the contrary, the provisions of subsections 8 and 9 of this section shall expire and be of no force and effect upon the effective date of the supreme court rule adopted pursuant to subsection 6 of section 514.015, RSMo.

[9.] 12. 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.] 13. 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.] 14. 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.] 15. 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.] 16. 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.] 17. 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. Payment or expenditure of moneys in such funds shall comply with any applicable federal crime victims' compensation laws, rules, regulations or other applicable federal guidelines.

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 B. Section A of this act shall become effective July 1, 1997.

Section C. Sections 208.215, 455.030, 455.040, 473.233, 478.463, 479.020, 483.550, 490.130, 494.490, 512.050, 531.010, 537.675, 550.260 and 630.167, RSMo 1994, are repealed and thirty new sections enacted in lieu thereof, to be known as sections 3.150, 32.042, 208.215, 208.220, 455.030, 455.040, 473.233, 478.268, 478.321, 478.377, 478.463, 479.020, 483.550, 490.130, 494.490, 512.050, 514.005, 514.015, 531.010, 537.675, 550.260, 559.027, 559.029, 630.167, 5, 6, 7, 8, 9 and 10, 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 1, 2, 3, 4, subsection 2 of section 8 and 10 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.

32.042. Service of a summons and petition upon the director of the department of revenue may be made in the manner provided by subsections 4 and 5 of section 506.150, RSMo, provided that in lieu of the acknowledgment provided by said section, service may be made by certified mail, return receipt requested, and such receipt when returned indicating delivery of such mail shall serve as proof of service.

208.215. 1. Medicaid is payer of last resort unless otherwise specified by law. When any person, corporation, institution, public agency or private agency is liable, either pursuant to contract or otherwise, to a recipient of public assistance on account of personal injury to or disability or disease or benefits arising from a health insurance plan to which the recipient may be entitled, payments made by the department of social services shall be a debt due the state and recoverable from the liable party or recipient for all payments made in behalf of the recipient and the debt due the state shall not exceed the payments made from medical assistance provided under sections 208.151 to 208.158 and section 208.162 and section 208.204 on behalf of the recipient, minor or estate for payments on account of the injury, disease, or disability or benefits arising from a health insurance program to which the recipient may be entitled.

2. The department of social services may maintain an appropriate action to recover funds due under this section in the name of the state of Missouri against the person, corporation, institution, public agency, or private agency liable to the recipient, minor or estate.

3. Any recipient, minor, guardian, conservator, personal representative, estate, including persons entitled under section 537.080, RSMo, to bring an action for wrongful death who pursues legal rights against a person, corporation, institution, public agency, or private agency liable to that recipient or minor for injuries, disease or disability or benefits arising from a health insurance plan to which the recipient may be entitled as outlined in subsection 1 of this section shall upon actual knowledge that the department of social services has paid medical assistance benefits as defined by this chapter, promptly notify the department as to the pursuit of such legal rights.

4. Every applicant or recipient by application assigns his right to the department of any funds recovered or expected to be recovered to the extent provided for in this section. All applicants and recipients, including a person authorized by the probate code, shall cooperate with the department of social services in identifying and providing information to assist the state in pursuing any third party who may be liable to pay for care and services available under the state's plan for medical assistance as provided in sections 208.151 to 208.159 and sections 208.162 and 208.204. All applicants and recipients shall cooperate with the agency in obtaining third-party resources due to the applicant, recipient, or child for whom assistance is claimed. Failure to cooperate without good cause as determined by the department of social services in accordance with federally prescribed standards, shall render the applicant or recipient ineligible for medical assistance under sections 208.151 to 208.159 and sections 208.162 and 208.204.

5. Every person, corporation or partnership who acts for or on behalf of a person who is or was eligible for medical assistance under sections 208.151 to 208.159 and sections 208.162 and 208.204 for purposes of pursuing the applicant's or recipient's claim which accrued as a result of a nonoccupational or nonwork-related incident or occurrence resulting in the payment of medical assistance benefits shall notify the department upon agreeing to assist such person and further shall notify the department of any institution of a proceeding, settlement or the results of the pursuit of the claim and give thirty days' notice before any judgment, award, or settlement may be satisfied in any action or any claim by the applicant or recipient to recover damages for such injuries, disease, or disability, or benefits arising from a health insurance program to which the recipient may be entitled.

6. Every recipient, minor, guardian, conservator, personal representative, estate, including persons entitled under section 537.080, RSMo, to bring an action for wrongful death, or his attorney or legal representative shall promptly notify the department of any recovery from a third party and shall immediately reimburse the department from the proceeds of any settlement, judgment, or other recovery in any action or claim initiated against any such third party.

7. The department director shall have a right to recover the [full] amount of payments made to a provider under this chapter because of an injury, disease, or disability, or benefits arising from a health insurance plan to which the recipient may be entitled for which a third party is or may be liable in contract, tort or otherwise under law or equity.

8. The department of social services shall have a lien upon any moneys to be paid by any insurance company or similar business enterprise, person, corporation, institution, public agency or private agency in settlement or satisfaction of a judgment on any claim for injuries or disability or disease benefits arising from a health insurance program to which the recipient may be entitled which resulted in medical expenses for which the department made payment. This lien shall also be applicable to any moneys which may come into the possession of any attorney who is handling the claim for injuries, or disability or disease or benefits arising from a health insurance plan to which the recipient may be entitled which resulted in payments made by the department. [No such lien shall be effective unless a written notice containing the name and department client number of the recipient of medical assistance is sent by the department by certified mail, with return receipt requested, to the attorney who is handling the claim for injuries, or disability or disease or benefits arising from a health insurance plan to which the recipient may be entitled for the recipient and to the person, corporation, institution, public agency, or private agency alleged to be liable to the recipient prior to the payment of any moneys to such recipient or his attorney or legal representative.] In each case, a lien notice shall be served by certified mail or registered mail, upon the party or parties against whom the applicant or recipient has a claim, demand or cause of action. The lien shall claim the charge and describe the interest the department has in the claim, demand or cause of action. The lien shall attach to any verdict or judgment entered and to any money or property which may be recovered on account of such claim, demand, cause of action or suit from and after the time of the service of the notice.

9. On petition filed by the department, or by the recipient, or by the defendant, the court, on written notice of all interested parties, may adjudicate the rights of the parties and enforce the charge. The court may approve the settlement of any claim, demand or cause of action either before or after a verdict, and nothing in this section shall be construed as requiring the actual trial or final adjudication of any claim, demand or cause of action upon which the department has charge. The court may determine what portion of the recovery shall be paid to the department against the recovery. In making this determination the court shall conduct an evidentiary hearing and shall consider competent evidence pertaining to the following matters:

(1) The amount of the charge sought to be enforced against the recovery when expressed as a percentage of the gross amount of the recovery; the amount of the charge sought to be enforced against the recovery when expressed as a percentage of the amount obtained by subtracting from the gross amount of the recovery the total attorney's fees and other costs incurred by the recipient incident to the recovery; and whether the department should, as a matter of fairness and equity, bear its proportionate share of the fees and costs incurred to generate the recovery from which the charge is sought to be satisfied;

(2) The amount, if any, of the attorney's fees and other costs incurred by the recipient incident to the recovery and paid by the recipient up to the time of recovery, and the amount of such fees and costs remaining unpaid at the time of recovery;

(3) The total hospital, doctor and other medical expenses incurred for care and treatment of the injury to the date of recovery therefor, the portion of such expenses theretofore paid by the recipient, by insurance provided by the recipient, and by the department, and the amount of such previously incurred expenses which remain unpaid at the time of recovery and by whom such incurred, unpaid expenses are to be paid;

(4) Whether the recovery represents less than substantially full recompense for the injury and the hospital, doctor and other medical expenses incurred to the date of recovery for the care and treatment of the injury, so that reduction of the charge sought to be enforced against the recovery would not likely result in a double recovery or unjust enrichment to the recipient;

(5) The age of the recipient and of persons dependent for support upon the recipient, the nature and permanency of the recipient's injuries as they affect not only the future employability and education of the recipient but also the reasonably necessary and foreseeable future material, maintenance, medical rehabilitative and training needs of the recipient, the cost of such reasonably necessary and foreseeable future needs, and the resources available to meet such needs and pay such costs;

(6) The realistic ability of the recipient to repay in whole or in part the charge sought to be enforced against the recovery when judged in light of the factors enumerated above.

10. The burden of producing evidence sufficient to support the exercise by the court of its discretion to reduce the amount of a proven charge sought to be enforced against the recovery shall rest with the party seeking such reduction.

11. The court may reduce and apportion the department's lien proportionate to the recovery of the claimant. The court may consider the nature and extent of the injury, economic and noneconomic loss, settlement offers, comparative negligence as it applies to the case at hand, hospital costs, physician costs, and all other appropriate costs. The department shall pay its pro rata share of the attorney's fees based on the department's lien as it compares to the total settlement agreed upon. This section shall not affect the priority of an attorney's lien under section 484.140, RSMo. The charges of the department described in this section, however, shall take priority over all other liens and charges existing under the laws of the state of Missouri with the exception of the attorney's lien under such statute.

12. Whenever the department of social services has a statutory charge under this section against a recovery for damages incurred by a recipient because of its advancement of any assistance, such charge shall not be satisfied out of any recovery until the attorney's claim for fees is satisfied, irrespective of whether or not an action based on recipient's claim has been filed in court. Nothing herein shall prohibit the director from entering into a compromise agreement with any recipient, after consideration of the factors in subsections 9 to 13 of this section.

13. This section shall be inapplicable to any claim, demand or cause of action arising under the workers' compensation act, chapter 287, RSMo. From funds recovered pursuant to this section the federal government shall be paid a portion thereof equal to the proportionate part originally provided by the federal government to pay for medical assistance to the recipient or minor involved. The department shall have the right to enforce TEFRA liens, 42 U.S.C. 1396p, as authorized by federal law and regulation. For the purposes of this subsection, "property" includes the homestead and all other personal and real property in which the recipient has sole legal interest or a legal interest based upon coownership of the property which is the result of a transfer of property for less than the fair market value within thirty months prior to the recipient's entering the nursing facility. The following provisions shall apply to such liens:

(1) The lien shall be for the debt due the state for medical assistance paid or to be paid on behalf of a recipient. The amount of the lien shall be for the full amount due the state at the time the lien is enforced;

(2) The director of the department or the director's designee shall file for record, with the recorder of deeds of the county in which any real property of the recipient is situated, a written notice of the lien. The notice of lien shall contain the name of the recipient and a description of the real estate. The recorder shall note the time of receiving such notice, and shall record and index the notice of lien in the same manner as deeds of real estate are required to be recorded and indexed. The director or the director's designee may release or discharge all or part of the lien and notice of the release shall also be filed with the recorder;

(3) No such lien may be imposed against the property of any individual prior to his death on account of medical assistance paid except:

(a) In the case of the real property of an individual:

a. Who is an inpatient in a nursing facility, intermediate care facility for the mentally retarded, or other medical institution, if such individual is required, as a condition of receiving services in such institution, to spend for costs of medical care all but a minimal amount of his income required for personal needs; and

b. With respect to whom the director of the department of social services or the director's designee determines, after notice and opportunity for hearing, that he cannot reasonably be expected to be discharged from the medical institution and to return home. The hearing, if requested, shall proceed under the provisions of chapter 536, RSMo, before a hearing officer designated by the director of the department of social services; or

(b) Pursuant to the judgment of a court on account of benefits incorrectly paid on behalf of such individual;

(4) No lien may be imposed under paragraph (b) of subdivision (3) of this subsection on such individual's home if one or more of the following persons is lawfully residing in such home:

(a) The spouse of such individual;

(b) Such individual's child who is under twenty-one years of age, or is blind or permanently and totally disabled; or

(c) A sibling of such individual who has an equity interest in such home and who was residing in such individual's home for a period of at least one year immediately before the date of the individual's admission to the medical institution;

(5) Any lien imposed with respect to an individual pursuant to subparagraph b of paragraph (a) of subdivision (3) of this subsection shall dissolve upon that individual's discharge from the medical institution and return home.

[10.] 14. The debt due the state provided by this section is subordinate to the lien provided by section 484.130, RSMo, or section 484.140, RSMo, relating to an attorney's lien and to the recipient's expenses of the claim against the third party.

[11.] 15. Application for and acceptance of medical assistance under this chapter shall constitute an assignment to the department of social services of any rights to support for the purpose of medical care as determined by a court or administrative order and of any other rights to payment for medical care.

[12.] 16. All recipients of benefits as defined in this chapter shall cooperate with the state by reporting to the division of family services or the division of medical services, within thirty days, any occurrences where an injury to their persons or to a member of a household who receives medical assistance is sustained, on such form or forms as provided by the division of family services or the division of medical services.

[13.] 17. If a person fails to comply with the provision of any judicial or administrative decree or temporary order requiring that person to maintain medical insurance on or be responsible for medical expenses for a dependent child, spouse, or ex-spouse, in addition to other remedies available, that person shall be liable to the state for the entire cost of the medical care provided pursuant to eligibility under any public assistance program on behalf of that dependent child, spouse, or ex-spouse during the period for which the required medical care was provided. Where a duty of support exists and no judicial or administrative decree or temporary order for support has been entered, the person owing the duty of support shall be liable to the state for the entire cost of the medical care provided on behalf of the dependent child or spouse to whom the duty of support is owed.

[14.] 18. The department director or his designee may compromise, settle or waive any such claim in whole or in part in the interest of the medical assistance program.

208.220. The commissioner of administration may deduct from any state employee's compensation amounts determined to be owed by such employee pursuant to the procedures contained in section 208.080 for any debt related to the overpayment of public assistance benefits, including food stamps, aid to families with dependent children, medical assistance, general relief, and similar assistance administered by the department of social services or other state department; provided that involuntary deductions based on such a debt determination may be made only if the determination is final.

455.030. 1. When the court is unavailable after business hours or on holidays or weekends, a verified petition for protection from abuse or a motion for hearing on violation of any order of protection under sections 455.010 to 455.085 may be filed before any available circuit or associate circuit court judge in the city or county having jurisdiction to hear the petition pursuant to the guidelines developed pursuant to subsection 4 of this section. An ex parte order may be granted pursuant to section 455.035.

2. All papers in connection with the filing of a petition or the granting of an ex parte order of protection or a motion for a hearing on a violation of an order of protection under this section shall be certified by such judge or the clerk within the next regular business day to the circuit court having jurisdiction to hear the petition.

3. A petitioner seeking a protection order shall not be required to reveal any current address or place of residence except to the judge in camera for the purpose of determining jurisdiction and venue. The petitioner may be required to provide a mailing address unless the petitioner alleges that he or she would be endangered by such disclosure, or that other family or household members would be endangered by such disclosure.

4. The supreme court shall develop guidelines which ensure that a verified petition may be filed on holidays, evenings and weekends.

455.040. 1. Not later than fifteen days after the filing of a petition under sections 455.010 to 455.085 a hearing shall be held unless the court deems, for good cause shown, that a continuance should be granted. At the hearing, if the petitioner has proved the allegation of abuse or stalking by a preponderance of the evidence, the court shall issue a full order of protection for a [definite] period of time [, not to exceed one hundred eighty days] the court deems appropriate, except that the protective order shall be valid for at least one hundred eighty days and not more than one year. Upon motion by the petitioner, and after a hearing by the court, the full order of protection may be renewed for a period [not to exceed] of time the court deems appropriate, except that the protective order shall be valid for at least one hundred eighty days and not more than one year from the expiration date of the originally issued full order of protection. If for good cause a hearing cannot be held on the motion to renew the full order of protection prior to the expiration date of the originally issued full order of protection, an ex parte order of protection may be issued until a hearing is held on the motion. Upon motion by the petitioner, and after a hearing by the court, the second full order of protection may be renewed for an additional period [not to exceed] of time the court deems appropriate, except that the protective order shall be valid for at least one hundred eighty days and not more than one year. For purposes of this subsection, a finding by the court of a subsequent act of abuse is not required for a renewal order of protection.

2. The court shall cause a copy of the petition and notice of the date set for the hearing on such petition and any ex parte order of protection to be personally served upon the respondent by personal process server as provided by law or by any sheriff or police officer at least three days prior to such hearing. Such shall be served at the earliest time, and service of such shall take priority over service in other actions, except those of a similar emergency nature. The court shall cause a copy of any full order of protection to be served upon or mailed by certified mail to the respondent at his last known address. Failure to serve or mail a copy of the full order of protection to the respondent shall not affect the validity or enforceability of a full order of protection.

3. A copy of any order of protection granted under sections 455.010 to 455.085 shall be issued to the petitioner and to the local law enforcement agency in the jurisdiction where the petitioner resides. The clerk shall also issue a copy of any order of protection to the local law enforcement agency responsible for maintaining the Missouri uniform law enforcement system or any other comparable law enforcement system the same day the order is granted. The law enforcement agency responsible for maintaining MULES shall enter information contained in the order for purposes of verification within twenty-four hours from the time the order is granted. A notice of expiration or of termination of any order of protection shall be issued to the local law enforcement agency and to the law enforcement agency responsible for maintaining MULES or any other comparable law enforcement system. The law enforcement agency responsible for maintaining the applicable law enforcement system shall enter such information in the system.

473.233. 1. Within thirty days after letters are granted, unless a longer time is granted by the court, the personal representative shall make and return an inventory and appraisement, in one written instrument, of all of the property of the decedent, including exempt property, which comes to his possession or knowledge, a statement of all encumbrances, liens, and other charges on any item, and all other property possessed by decedent at the time of his death. The property shall be classified therein as follows:

(1) Real property, with plat or survey description and the street address or approximate direction and distance from any city or town, and the popular name thereof, if any;

(2) Furniture, household goods, and wearing apparel, but no detailed appraisement or listing of the items thereof is required;

(3) Corporate stocks described by name, number of shares, class of stock;

(4) Mortgages, bonds, notes, and other written evidences of debt, together with interest due thereon, described by name of debtor, recording data, and other identification;

(5) Bank accounts, insurance policies payable to the personal representative, and money;

(6) All other personal property accurately identified, including a statement of the decedent's proportionate share in any partnership and of its net value as shown in the inventory required by section 473.220. No detailed appraisement or listing of the assets of the partnership property is required in the inventory filed by the personal representative;

(7) All property possessed but not owned by the decedent at his death shall be listed in the inventory, but separately from other property, together with a statement as to the knowledge of the personal representative as to its ownership.

2. At any time when it appears necessary, the judge or clerk may authorize the personal representative to employ a qualified and disinterested appraiser to assist him in ascertaining the fair market value, as of the date of the decedent's death, of any asset the value of which may be subject to reasonable doubt. Different persons may be employed to appraise different kinds of assets included in the estate. The name and address of any appraiser shall be indicated on the inventory with the item or items he appraised.

478.268. Notwithstanding the provisions of section 478.265, on and after January 2, 1997, in the thirtieth judicial circuit, the circuit court en banc may appoint one person, who shall possess the same qualifications as a circuit judge, to act as commissioner of the probate division of the circuit court. The commissioner shall be appointed for a term of four years. The compensation of the commissioner shall be the same as that of an associate circuit judge, payable in the same manner and from the same source as the compensation of the associate circuit judge. Subject to approval or rejection by the judge of the probate division, the commissioner shall have all the powers and duties of the judge. The judge shall by order of record reject or confirm all orders, judgments and decrees of the commissioner within the time the judge could set aside such orders, judgments or decrees had the same been made by such judge. If so confirmed, the orders, judgments and decrees shall have the same effect as if made by the judge on the date of their confirmation.

478.321. 1. In the sixteenth judicial circuit, associate circuit divisions shall hereafter be numbered beginning with the number 25:

(1) Division 101 shall hereafter be division 25;

(2) Division 102 shall hereafter be division 26;

(3) Division 103 shall hereafter be division 27;

(4) Division 104 shall hereafter be division 28;

(5) Division 105 shall hereafter be division 29;

(6) Division 106 shall hereafter be division 30;

(7) Division 107 shall hereafter be division 31; and

(8) Division 108 shall hereafter be division 32.

2. Twelve months after construction of two new courtrooms in Independence is completed, there shall be one additional associate circuit judge in the 16th judicial circuit, to be known as division 33. The presiding judge of such circuit shall certify to the state of administration office the actual date of completion of said construction.

3. Divisions 25, 26, 27, 29, and 31 shall sit in Kansas City and divisions 28, 30, 32, and 33 shall sit in Independence.

478.377. At such time as a new jail or law enforcement center is constructed within the sixth judicial circuit, a new circuit judgeship shall be added.

478.463. There shall be nineteen circuit judges in the sixteenth judicial circuit consisting of the county of Jackson. These judges shall sit in nineteen divisions. Divisions one, [two,] three, four, six, seven, eight, nine, ten, eleven, twelve, thirteen, fourteen, fifteen and eighteen shall sit at the city of Kansas City and divisions two, five, [twelve,] sixteen and seventeen shall sit at the city of Independence. Division nineteen shall sit at both the city of Kansas City and the city of Independence. Notwithstanding the foregoing provisions, the judge of the probate division shall sit at both the city of Kansas City and the city of Independence.

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] the person is licensed to practice law in this state unless, prior to January 2, 1979, [he] such person 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] the municipal judge 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] the municipal judge 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] that person has reached [his seventieth] that person's 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] the municipal judge's selection as municipal judge, [his] the municipal judge's 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.

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 or required 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 or required 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.

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 recordkeeping system established by the supreme court shall be received as evidence of the acts or proceedings in any court of this state.

494.490. In all trials of civil actions before a circuit judge, or an associate circuit judge sitting as a circuit judge, a jury shall consist of twelve persons selected pursuant to sections 494.400 to 494.505, unless all parties agree on a lesser number, but not less than eight, in which case the number of veniremen shall be reduced accordingly. Three-fourths or more jurors may return a lawful verdict. All verdicts shall be signed by each juror who agrees to the verdict.

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. In the event that actual charges due for the preparation of the transcript cannot be readily determined, a deposit in the amount of the estimated charges due for preparation of the transcript shall be 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.

514.015. 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.

4. Prior to adjustment by the supreme court, the following fees, costs and charges shall be collected:

(1) Five dollars for the filing of a lien, pursuant to section 429.090, RSMo;

(2) Ten dollars for maintaining child support enforcement records, pursuant to section 452.345, RSMo;

(3) Ten dollars for a notice to a judgment creditor of a distributee, pursuant to section 473.618, RSMo;

(4) Three dollars for receiving and keeping a will, pursuant to section 474.510, RSMo;

(5) Seven dollars for the statewide court automation fund, pursuant to section 476.053, RSMo;

(6) Twelve dollars for municipal court costs, fifteen dollars for municipal ordinance violations filed before an associate circuit judge and thirty dollars for applications for a trial de novo of a municipal ordinance violation, pursuant to section 479.260, RSMo;

(7) Five dollars for small claims court cases where less than one hundred dollars is in dispute, and ten dollars in all other small claims court cases, pursuant to section 482.345, RSMo;

(8) Fifty dollars for appeals, pursuant to section 483.500, RSMo;

(9) Fifteen dollars in misdemeanor cases where there is no application for trial de novo, pursuant to section 483.530, RSMo;

(10) Forty-five dollars for applications for a trial de novo for misdemeanor cases, pursuant to section 483.530, RSMo;

(11) Fifteen dollars for each preliminary hearing in felony cases, pursuant to section 483.530, RSMo;

(12) Thirty dollars for each information or indictment filed in felony cases, pursuant to section 483.530, RSMo;

(13) Fifteen dollars for each associate circuit court case filed, and one dollar for each additional summons issued in such cases, pursuant to section 483.530, RSMo;

(14) Forty-five dollars for applications for trial de novo from small claims court and associate circuit court and forty- five dollars for filing of other cases, pursuant to section 483.530, RSMo;

(15) One dollar and fifty cents for a certificate of naturalization, pursuant to section 483.535, RSMo;

(16) When letters are applied for in probate proceedings, pursuant to section 483.580, RSMo, when the value of the estate is:

(a) Less than $10,000 $75.00

.(b) From $10,000 to $25,000 115.00

(c) From $25,000 to $50,000 155.00

.(d) From $50,000 to $100,000 245.00

. . .(e) From $100,000 to $500,000 305.00

. . . . . . . . . . . . . . . . . . . . . .(f) More than $500,000 365.00

.(17) Thirty dollars for each additional twelve months a decedent's estate remains open, pursuant to section 483.580, RSMo;

(18) In proceedings regarding guardianships and conservatorships, pursuant to section 483.580, RSMo:

(a) Twenty-five dollars for each grant of letters for guardianship of a minor;

(b) Fifty dollars for each grant of letters for guardianship of an incapacitated person;

(c) Sixty dollars for each grant of letters for guardianship of the person and conservatorship of the estate of a minor;

(d) Twenty-five dollars for each additional twelve months a conservatorship of a minor's estate case remains open;

(e) Seventy-five dollars for each grant of letters in guardianship and conservatorship of incapacitated persons and their estates;

(f) Thirty dollars for each additional twelve months an incapacitated person's case remains open;

(19) Fifteen dollars for issuing orders refusing to grant letters to a spouse or an unmarried minor child and thirty dollars for a certified copy of such orders, pursuant to section 483.580, RSMo;

(20) In probate proceedings, pursuant to section 483.580, RSMo:

(a) Thirty-five dollars for the collection of small estates;

(b) Thirty-five dollars for involuntary hospitalization proceedings;

(c) Thirty dollars for proceedings to determine heirship;

(d) Fifteen dollars for assessment of estate taxes where no letters are granted;

(e) Fifty dollars for proceedings for the sale of real estate by a nonresident conservator;

(f) Forty dollars for proceedings to dispense with administration;

(g) Twenty dollars for proceedings to dispense with conservatorship;

(h) Twenty-five dollars for admitting a will to probate;

(i) One dollar per copied page and one dollar and fifty cents per certificate;

(21) One dollar and fifty cents per page for testimony transcription, pursuant to section 485.100, RSMo;

(22) Fifteen dollars for court reporters, pursuant to section 485.120, RSMo;

(23) Three dollars for witness fees per day, and four dollars when the witness must travel to another county, pursuant to section 491.280, RSMo.

5. The court shall not increase the amount of miscellaneous charges or surcharges allowed by law. The state courts administrator shall determine the total amount of money actually collected for each type of court cost, fee, charge or surcharge for the preceding year. The supreme court may annually adjust each cost, fee, charge or surcharge so that projected total collections for that cost, fee, charge or surcharge will total an amount not to exceed one hundred four percent of the previous year's collections for that cost, fee, charge or surcharge, provided that the adjusted cost, fee, charge or surcharge shall be rounded to the nearest ten cents. In the event that the total collections for any cost, fee, charge or surcharge exceeds one hundred four percent of the previous year's collections, the supreme court shall reduce such cost, fee, charge or surcharge so that the projected total collections for the coming year shall be decreased by the amount of excess in the preceding year. 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. Any changes in the amount of fees made by the court pursuant to this section shall be subject to review by the joint committee on administrative rules, pursuant to section 536.024, RSMo. The supreme court's authority to change the amount of fees shall not be severable from the provision stipulating the review power of the joint committee on administrative rules.

6. 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 7 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 7 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.

7. The state courts administrator shall disburse the amounts contained in the special fund or funds within thirty days of receipt of such amounts 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.

8. 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.

9. 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 court may inform the office of administration of any delinquencies in excess of twenty-five dollars. Upon receiving such notice, and without further notice by the office of administration to the defaulting party, the office of administration shall deduct the amount of unpaid court costs from any state check due to the defaulting party under any provision of law. The office of administration 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 office of administration and its 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 office of administration pursuant to this subdivision shall be brought in the court which certified such unpaid fees to the office of administration, 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 office of administration in such proceeding except upon order of the court;

(4) Upon notification to the party from whom the fee is due, a failure to pay the fee after such notice, and a showing of the party's ability to pay the fee, the court shall hold the party in contempt.

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, 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; provided if the person named therein is a member or employee of the judicial branch of government, and the persons desiring to prosecute the proceeding include the majority of the circuit and associate circuit judges of the circuit in which that person is employed, the suit may proceed without the approval or participation of the attorney general or any prosecuting attorney, and for all purposes under this chapter, such judges shall be considered the "relator" and may file and prosecute such matter without costs as provided by section 531.050. 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, 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.

537.675. 1. There is created the "Tort Victims' Compensation Fund". Unexpended moneys in the fund shall not lapse at the end of the biennium as provided in section 33.080, RSMo.

2. Fifty percent of any final judgment awarding punitive damages after the deduction of attorneys' fees and expenses shall be deemed rendered in favor of the state of Missouri. The circuit clerks shall notify the attorney general of any final judgment awarding punitive damages rendered in their circuits. With respect to such fifty percent, the attorney general shall collect upon such judgment, and may execute or make settlements with respect thereto as he deems appropriate for deposit into the fund.

3. The state of Missouri shall have no interest in or right to intervene at any stage of any judicial proceeding under this section.

4. No disbursement shall be made from the tort victims' compensation fund until procedures for disbursement are established by further action of the general assembly.

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.

559.027. A probation revocation hearing is an independent proceeding, and not a continuation of the plea bargain proceedings or trial.

559.029. Any criminal case under probation supervision may be transferred to another judge in the circuit with the concurrence of both judges.

630.167. 1. Upon receipt of a report, the department or its agents, contractors or vendors, shall initiate an investigation within twenty-four hours.

2. If the investigation indicates possible abuse or neglect of a patient, resident or client, the investigator shall refer the complaint together with his report to the department director for appropriate action. If, during the investigation or at its completion, the department has reasonable cause to believe that immediate removal from a facility not operated or funded by the department is necessary to protect the residents from abuse or neglect, the department or the local prosecuting attorney may, or the attorney general upon request of the department shall, file a petition for temporary care and protection of the residents in a circuit court of competent jurisdiction. The circuit court in which the petition is filed shall have equitable jurisdiction to issue an ex parte order granting the department authority for the temporary care and protection of the resident for a period not to exceed thirty days.

3. (1) Reports shall be confidential, shall not be deemed a public record, and shall not be subject to the provisions of section 109.180, RSMo, or chapter 610, RSMo; except that, all such reports shall be open to the parents or other guardian of the patient, resident, or client who is the subject of such report. All such reports may be disclosed by the department of mental health to law enforcement officers and public health officers, but only to the extent necessary to carry out the responsibilities of their offices, and to the department of social services and to boards appointed pursuant to sections 205.968 to 205.990, RSMo, that are providing services to the patient, resident or client as necessary to report or have investigated abuse, neglect or rights violations of patients, residents or clients provided that all such law enforcement officers, public health officers, department of social services' officers and board shall be obligated to keep such information confidential. The name of the complainant or any person mentioned in the reports shall not be disclosed unless such complainant or person specifically requests such disclosure or unless a judicial proceeding results therefrom;

(2) Except as otherwise provided in this section, the proceedings, findings, deliberations, reports and minutes of investigators or of committees of health care professionals as defined in section 537.035, RSMo, or mental health professionals as defined in section 632.005, RSMo, who have the responsibility to evaluate, maintain, or monitor the quality and utilization of mental health services, or to investigate reports of abuse or neglect or incident reports or complaints of substandard, inadequate or inappropriate care are privileged and shall not be subject to the discovery, subpoena or other means of legal compulsion for their release to any person or entity or be admissible into evidence into any judicial or administrative action for failure to provide adequate or appropriate care. Such committees may exist, either within department facilities or its agents, convractors, or vendors, as applicable. Except as otherwise provided in this section, no person who was in attendance at any investigation or committee proceeding shall be permitted or required to disclose any information acquired in connection with or in the course of such proceeding or to disclose any opinion, recommendation or evaluation of the committee or board or any member thereof; provided, however, that information otherwise discoverable or admissible from original sources is not to be construed as immune from discovery or use in any proceeding merely because it was presented during proceedings before any committee or in the course of any investigation, nor is any member, employee or agent of such committee or other person appearing before it to be prevented from testifying as to matters within their personal knowledge and in accordance with the other provisions of this section, but such witness cannot be questioned about the testimony or other proceedings before any investigation or before any committee;

(3) Nothing in this section shall limit authority otherwise provided by law of a health care licensing board of the state of Missouri to obtain information by subpoena or other authorized process from investigation committees or to require disclosure of otherwise confidential information relating to matters and investigations within the jurisdiction of such health care licensing boards; provided, however, that such information, once obtained by such board and associated persons, shall be governed in accordance with the provisions of this subsection;

(4) Nothing in this section shall limit authority otherwise provided by law in subdivisions (5) and (6) of subsection 2 of section 630.140 concerning access to records by the entity or agency authorized to implement a system to protect and advocate the rights of persons with developmental disabilities under the provisions of 42 U.S.C. 6042 and the entity or agency authorized to implement a system to protect and advocate the rights of persons with mental illness under the provisions of 42 U.S.C. 10801. In addition, nothing in this section shall serve to negate assurances that have been given by the governor of Missouri to the U.S. Administration on Developmental Disabilities, Office of Human Development Services, Department of Health and Human Services concerning access to records by the agency designated as the protection and advocacy system for the state of Missouri. However, such information, once obtained by such entity or agency, shall be governed in accordance with the provisions of this subsection.

4. Anyone who makes a report pursuant to this section or who testifies in any administrative or judicial proceeding arising from the report shall be immune from any civil liability for making such a report or for testifying unless such person acted in bad faith or with malicious purpose.

5. Within five working days after a report required to be made under this section is received, the person making the report shall be notified in writing of its receipt and of the initiation of the investigation.

6. No person who directs or exercises any authority in a residential facility, day program or specialized service shall evict, harass, dismiss or retaliate against a patient, resident or client or employee because he or any member of his family has made a report of any violation or suspected violation of laws, ordinances or regulations applying to the facility which he has reasonable cause to believe has been committed or has occurred.

7. Any person who is discharged as a result of an administrative substantiation of allegations contained in a report of abuse or neglect may, after exhausting administrative remedies as provided in chapter 36, RSMo, appeal such decision to the circuit court of the county in which such person resides within ninety days of such final administrative decision. The court may accept an appeal up to twenty-four months after the party filing the appeal received notice of the department's determination, upon a showing that:

(1) Good cause exists for the untimely commencement of the request for the review;

(2) If the opportunity to appeal is not granted it will adversely affect the party's opportunity for employment; and

(3) There is no other adequate remedy at law.

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 6. 1. As used in this section, the term "court personnel" includes all personnel of all state courts and all divisions of the courts, including juvenile, family and municipal divisions, and clerks, deputy clerks, division clerks, official court reporters, law clerks and court administrators, but not including judges.

2. There is hereby established in the state treasury the "State Court Administration Revolving Fund". Any moneys received by or on behalf of the state court administrator from registration fees, grants, or any other source in connection with the training and education of court personnel provided pursuant to this section shall be deposited into the fund.

3. The state treasurer shall administer the fund and shall disburse moneys from the fund to the state courts administrator pursuant to appropriations in order to provide training and to purchase goods and services related to the training and education of court personnel.

4. Any unexpended balance remaining in the fund at the end of each biennium shall be exempt from the provisions of section 33.080, RSMo, relating to the transfer of unexpended balances to the general revenue fund, until the amount in the state courts administration revolving fund exceeds the greater of either one-half of the expenditures from the fund during the previous year, or fifty thousand dollars.

Section 7. 1. In the sixteenth judicial circuit consisting of the county of Jackson, a majority of the court en banc may appoint one person, who shall possess the same qualifications as an associate circuit judge, to act as drug court commissioner. The commissioner shall be appointed for a term of four years. The compensation of the commissioner shall be the same as that of an associate circuit judge and, subject to appropriation from the county legislature of the county wherein such circuit is wholly located, payable from proceeds from the county anti-drug sales tax adopted pursuant to section 67.547, RSMo. Subject to approval or rejection by a circuit judge, the commissioner shall have all the powers and duties of a circuit judge. A circuit judge shall by order of record reject or confirm any order, judgment and decree of the commissioner within the time the judge could set aside such order, judgment or decree had the same been made by him. If so confirmed, the order, judgment or decree shall have the same effect as if made by the judge on the date of its confirmation.

2. The court administrator of the sixteenth judicial circuit shall charge and collect a surcharge of thirty dollars in all proceedings assigned to the drug commissioner for disposition, provided that the surcharge shall not be charged in any proceeding when costs are waived or are to be paid by the state, county or municipality. Moneys obtained from such surcharge shall be collected and disbursed in the manner provided by section 514.015, RSMo, and payable to the drug commissioner for operation of the drug court.

Section 8. 1. The judges of the supreme court may appoint a committee consisting of at least seven associate circuit judges, who shall meet en banc and establish and maintain a schedule of fines to be paid for violations of chapters 252, 301, 302, 304, 306, 307 and 390, RSMo, with such fines increasing in proportion to the severity of the violation. The associate circuit judges of each county may meet en banc and adopt the schedule of fines and participation in the centralized bureau pursuant to this section. Notice of such adoption and participation shall be given in the manner provided by supreme court rule. Upon order of the supreme court, the associate circuit judges of each county may meet en banc and establish and maintain a schedule of fines to be paid for violations of municipal ordinances for cities, towns and villages electing to have violations of its municipal ordinances heard by associate circuit judges, pursuant to section 479.040, RSMo; and for traffic court divisions established pursuant to section 479.500, RSMo. The schedule of fines adopted for violations of municipal ordinances may be modified from time to time as the associate circuit judges of each county en banc deem advisable. No fine established pursuant to this subsection may exceed the maximum amount specified by statute for such violation.

2. In no event shall any schedule of fines adopted pursuant to this section include offenses involving the following:

(1) Any violation resulting in personal injury or property damage to another person;

(2) Operating a motor vehicle while intoxicated or under the influence of intoxicants or drugs;

(3) Operating a vehicle with a counterfeited, altered, suspended or revoked license;

(4) Fleeing or attempting to elude an officer.

3. There shall be a centralized bureau to be established by supreme court rule in order to accept pleas of not guilty or payments of fines for violators of chapters 252, 301, 302, 304, 306, 307 and 390, RSMo, made pursuant to a schedule of fines established pursuant to this section. Any person alleged to have committed a violation defined in the schedule of fines may plead not guilty or pay the established fine and any additional court costs for such violation.

4. If a person elects to not contest the alleged violation, the person shall send payment in the amount of the fine and any court costs established for the violation to the centralized bureau, made payable to the "central violations bureau", by mail or in any other manner established by the centralized bureau, and a conviction for purposes of section 302.302, RSMo, and for purposes of imposing any collateral consequence of a criminal conviction provided by law. Such payment shall be considered to be a plea of nolo contendere to the alleged violation. Notwithstanding any provision of law to the contrary, the prosecutor shall not be required to sign any information, ticket or indictment if disposition is made pursuant to this subsection. In the event that any payment is made pursuant to this section by credit card or similar method, the centralized bureau may charge an additional fee in order to reflect any transaction cost, surcharge or fee imposed on the recipient of the credit card payment by the credit card company.

5. If a person elects to plead not guilty, such person shall send the plea of not guilty to the centralized bureau. The bureau shall send such plea and request for trial to the prosecutor having original jurisdiction over the offense. The trial shall be conducted at the location designated by the court. The clerk of the court in which the case is to be heard shall notify in writing such person of the date certain for the trial. The prosecutor shall not be required to sign any information, ticket or indictment until the commencement of any proceeding by the prosecutor with respect to the notice of violation.

6. In courts adopting a schedule of fines pursuant to this section, any person receiving a notice of violation pursuant to this section shall also receive written notification of the following:

(1) The fine and court costs established pursuant to this section for the violation;

(2) That the person must respond to the notice of violation by paying the prescribed fine and court costs, or pleading not guilty and appearing at trial, and that other legal penalties prescribed by law may attach for failure to appear and dispose of the violation. The supreme court may modify the suggested forms for uniform complaint and summons for use in courts adopting the procedures provided by this section, in order to accommodate such required written notifications.

7. Any moneys received in payment of fines and court costs pursuant to this section shall not be considered to be state funds, but shall be held in trust by the centralized bureau for benefit of those persons or entities entitled to receive such funds pursuant to this subsection. All amounts paid to the centralized bureau shall be maintained by the centralized bureau, 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 the constitution and laws of this state, provided that all fees included within any court costs collected pursuant to this section shall be payable to the state general revenue fund, notwithstanding any provision of law to the contrary. 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 subsection. The state treasurer shall be the custodian of the revolving fund, and shall make disbursements, as allowed by lawful appropriations, only to the judicial branch of state government for goods and services related to the administration of the judicial system.

8. Any person who receives a notice of violation subject to this section who fails to dispose of such violation as provided by this section shall be guilty of failure to appear provided by section 544.665, RSMo; and may be subject to suspension of driving privileges in the manner provided by section 302.341, RSMo. The centralized bureau shall notify the appropriate prosecutor of any person who fails to either pay the prescribed fine and court costs, or plead not guilty and request a trial within the time allotted by this section, for purposes of application of section 544.665, RSMo. The centralized bureau shall also notify the department of revenue of any failure to appear subject to section 302.341, RSMo, and the department shall thereupon suspend the license of the driver in the manner provided by section 302.341, RSMo, as if notified by the court.

9. In addition to the remedies provided by subsection 8 of this section, the centralized bureau and the courts may use the remedies provided by section 514.015, RSMo, for the collection of court costs payable to courts, in order to collect fines for violations subject to this section.

Section 9. Notwithstanding any other law to the contrary, no victim, as defined in section 595.010, RSMo, shall be required to pay the costs associated with the filing of criminal charges against the offender, or the costs associated with the issuance or service of a warrant, protection order, or witness subpoena associated with a domestic violence offense.

Section 10. 1. In addition to all court fees and costs prescribed by law, a surcharge of up to ten dollars shall be assessed as costs in each court proceeding filed in any court within the thirtieth judicial circuit in all criminal cases including violations of any county or municipal ordinance or any violation of a criminal or traffic law of the state, including an infraction, except that no such surcharge 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 paid by the state, county or municipality. For violations of the general criminal laws of the state or county ordinances, no such surcharge shall be collected unless it is authorized, by order, ordinance or resolution adopted prior to January 1, 1997, by the county government where the violation occurred. For violations of municipal ordinances, no such surcharge shall be collected unless it is authorized, by order, ordinance or resolution adopted prior to January 1, 1997, by the municipal government where the violation occurred. Such surcharges shall be collected and disbursed by the clerk of each respective court responsible for collecting court costs in the manner 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 pursuant to this section only to pay for the costs associated with the construction, maintenance and operation of the county judicial facility and the circuit juvenile detention center 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.

3. This section shall expire and be of no force and effect on and after January 1, 2005.

Section D. Section 575.130, RSMo 1994, is repealed and eight new sections enacted in lieu thereof, to be known as sections 575.130, 1, 2, 3, 4, 5, 6 and 7, to read as follows:

575.130. 1. A person commits the crime of simulating legal process if, with purpose to mislead the recipient and cause him to take action in reliance thereon, he delivers or causes to be delivered:

(1) A request for the payment of money on behalf of any creditor that in form and substance simulates any legal process issued by any court of this state; or

(2) Any purported summons, subpoena or other legal process knowing that the process was not issued or authorized by any court.

2. This section shall not apply to a subpoena properly issued by a notary public.

3. Simulating legal process is a class B misdemeanor.

4. No person shall file a nonconsensual common law lien as defined in section 1 of this act.

5. A violation of subsection 4 of this section is a class B misdemeanor.

6. Subsection 4 of this section shall not apply to a filing officer as defined in section 1 of this act that is acting in the scope of employment.

Section 1. 1. For the purposes of sections 1 to 7 of this act:

(1) "Court" is the United States Supreme Court, Federal Courts of Appeal, Federal District Courts, Federal Magistrates, Federal Administrative Courts, Missouri supreme court, Missouri courts of appeal, Missouri circuit courts, and Missouri associate circuit courts but shall not include municipal courts;

(2) "Filing officer" is the secretary of state, the recorder of deeds of any county, the circuit clerk of any county or any public official or authorized employee required by law to accept for filing and keep as a public record any lien, deed, instrument, judgment or other document, whether in paper, electronic or other form, required to be filed or recorded under the laws of this state;

(3) "Nonconsensual common law lien" is a document that purports to assert a lien against the assets, real or personal, of any person and that, regardless of any self- description:

(a) Is not expressly provided for by a specific state or federal statute;

(b) Does not depend upon the consent of the owner of the property affected or the existence of a contract for its existence; and

(c) Is not an equitable or constructive lien imposed by a state or federal court of competent jurisdiction.

2. Nothing in sections 1 to 7 of this act shall be construed to create a lien or interest in property not otherwise existing under state or federal law.

3. Nothing in sections 1 to 7 of this act shall be construed to permit a municipal court to create a lien or interest in property not otherwise existing under state or federal law.

Section 2. 1. Any filing officer may reject for filing or recording any nonconsensual common law lien. This section shall not be construed to permit rejection of a document that is shown to be authorized by contract, lease or statute or imposed by a state or federal court of competent jurisdiction or filed by a licensed attorney, a financial institution including, but not limited to, any commercial bank, savings and loan association or credit union or a Missouri state licensed mortgage company or mortgage broker.

2. If a nonconsensual common law lien has been accepted for filing, the filing officer shall accept for filing a sworn notice of invalid lien on a form provided by the filing officer signed and submitted by the person against whom such lien was filed or such person's attorney. The form shall be captioned "Notice of Invalid Lien" and shall state the name and address of the person on whose behalf such notice is filed, the name and address of the lien claimant and a clear reference to the document or documents the person believes constitute a nonconsensual common law lien. A copy of the notice of invalid lien shall be mailed by the filing officer to the lien claimant at the lien claimant's last known address within one business day. No filing officer, county or the state shall be liable for the acceptance for filing of a nonconsensual common law lien, nor for the acceptance for filing of a sworn notice of invalid lien pursuant to this subsection.

Section 3. Any person who attempts to file a lien against real or personal property that is rejected pursuant to subsection 1 of section 2 of this act may petition the circuit court of the county of the filing officer that rejected such lien for an order, which may be granted ex parte, directing the filing officer to file or record the lien pending a hearing on whether the lien constitutes a nonconsensual common law lien. The lien claimant shall appear before the court as the petitioner within ten business days following the date of service of the petition and order on the filing officer, and show cause, if any, why the lien should not be declared void and other relief provided for by section 5 of this act should not be granted. The petition shall state the grounds upon which relief is requested, and shall be supported by the affidavit of the petitioner or the petitioner's attorney setting forth a concise statement of the facts upon which the claim for relief is based.

Section 4. Any person who has real or personal property or an interest therein, which is subject to a recorded nonconsensual common law lien who believes such lien is invalid may petition the circuit court of the county in which the lien has been recorded or filed for an order, which may be granted ex parte, directing the lien claimant to appear before the court within ten business days following the date of service of the petition and order on the lien claimant, and show cause, if any, why the claim of lien should not be declared void and other relief provided for by section 5 of this act should not be granted. The petition shall state the grounds upon which relief is requested, and shall be supported by the affidavit of the petitioner or the petitioner's attorney setting forth a concise statement of the facts upon which the claim for relief is based.

Section 5. 1. Any order rendered pursuant to section 3 or 4 of this act shall clearly state that if the lien claimant fails to appear at the time and place noted, the claim of lien shall be declared void ab initio and released and that the lien claimant shall be ordered to pay the costs incurred by any other party to the proceeding, including reasonable attorney's fees.

2. If, following a hearing on the matter, the court determines that the document at issue is a nonconsensual common law lien, the court shall issue an order declaring the lien void ab initio, releasing the lien and awarding costs and reasonable attorney's fees to the prevailing party.

3. If the court determines that the claim of lien is valid, the court shall issue an order so stating and may award costs and reasonable attorney's fees to the prevailing party.

4. A certified copy of any order rendered pursuant to this section shall be filed by the circuit clerk in the office of the appropriate filing officer.

Section 6. Filing officers and any employees thereof, acting in the scope of employment, shall not be liable for damages pursuant to sections 1 to 5 of this act and, except as otherwise provided by law, shall not be required to defend decisions to accept or reject any documents.

Section 7. Any person who records or files in the office of a filing officer:

(1) Any document purporting to create a nonconsensual common law lien against real or personal property; or

(2) A notice of invalid lien pursuant to subsection 2 of section 2 of this act with respect to a valid lien and which the filer knew to be false at the time of filing;

shall be liable to the damaged party for actual damages or five thousand dollars, whichever is greater plus costs and reasonable attorney's fees.