CCS/HCS/SS/SB 248 - This act makes various revisions to the Court Costs Bill (SB 869) passed in 1996 and includes other provisions relating to civil and criminal actions.

MISSOURI OFFICE OF PROSECUTION SERVICES: The Missouri Office of Prosecution Services Revolving Fund is created. Any registration fees or grants shall be deposited into such fund (Section 56.765).

DRIVING OFFENSES: The Highway Patrol may direct that a court forward a conviction of a driving violation to the Department of Revenue.

Court fees for driving offenses and fish and game violations shall be reduced from twenty-five dollars to ten dollars.

BAIL BONDSMEN: If a court orders a bail bond agent to pay for the forfeiture of any bond and such payment is not made, the court shall notify the Department of Insurance and the Department may act against the license of the agent. The Department shall furnish each circuit court with a list of agents in good standing.

COURTS: Municipal divisions of circuit courts shall not be considered courts of record (Section 476.010). Any municipal court may automate if it passes an ordinance imposing a surcharge for automation and enters an agreement with the State Courts Administrator to automate (Section 476.056). A municipal court may establish a Judicial Education Fund to pay for continuing education for municipal judges and other court personnel.

Until the Supreme Court adopts a rule for disbursement of court fees, each Circuit Clerk shall disburse such costs as follows: 1) 80% of such fees shall be paid to General Revenue; and 2) 20% of such fees shall be paid into the County Treasury.

The Statewide Court Automation Fund may accept gifts, bequests and grants in addition to court fees. The fund shall remain in effect until September 1, 2004. The total of adjusted fees payable to the state shall not exceed 104% of fees collected in the previous year.

A fund is created to provide training and education for judicial personnel. Moneys shall be transferred into this fund pursuant to appropriations.

SHERIFFS AND MARSHALS: The maximum salary of a circuit court marshal is set at 90% of the salary of the highest paid sheriff serving a county either wholly or partly in the circuit. Current law sets the marshal's maximum salary at 90% of the salary of any sheriff serving a county wholly or partly in the circuit. This provision is identical to SB 20.

Court marshals may carry firearms while on duty pursuant to Supreme Court Rules. Marshals shall have arrest powers to ensure the security of their courts.

FEES: Starting on July 1, 1999, a fee shall be assessed for any case disposed of by the Centralized Fine Bureau. One-half of the proceeds of such fee shall be paid to those counties that participate in the Centralized Bureau. The remainder shall be kept in a state fund and may be used, pursuant to appropriations, for the operation of the Centralized Bureau (Section 488.200).

MISCELLANEOUS: A pleading must be attributed to, but not necessarily signed by, an attorney pursuant to Supreme Court Rule.

The provision which specifies that a probation revocation hearing is an independent proceeding is removed (Section 559.027). See also HB 265 (TAT).

The makeup of the Judicial Finance Commission is revised to include at least one member of a county of the third classification, one member from a county of the first classification, and one member from a county of any classification (Section 477.600).

No elected county official who has responsibility over the court shall have any financial interest in any private probation company (Section 559.615).

A county or municipality that does not enact an order or ordinance providing surcharges to the Peace Officer Standards and Training Commission Fund may still be entitled to reimbursement from such fund (Section 590.140).

APPEALS: A transcript fee must be paid within ten days after such transcript is ordered. Under current law, such fee must be paid within ten days after filing the notice of appeal.

CRIME VICTIMS: Section 595.045, RSMo 1996, as amended by SB 769, is removed so the provisions of Section 595.045, RSMo 1996, as amended in SB 869, will apply.

ADMINISTRATIVE RULES: All rulemaking authority delegated prior to the effective date of this act is repealed. If any powers vested in the General Assembly to review rules are held unconstitutional, the proposed grant of rulemaking authority shall be held invalid.

In an action challenging an administrative rule, the agency has the burden of proving by a preponderance of evidence that such rule is not in conflict with state law. The court shall award reasonable attorneys' fees to any party who prevails in such action. All rulemaking authority is subject to Chapter 536, including any subsequent amendments to such chapter. If Section 536.024 is amended prior to the effective date of this provision, this provision shall terminate.

EMERGENCY CLAUSE: The repeal of certain sections, the repeal and reenactment of those same sections as amended in SB 869, and the repeal of Section 595.045, RSMo 1996, as amended in SB 769, shall become effective on July 1 or upon signature by the Governor, whichever occurs later.
JAMES KLAHR