SECOND REGULAR SESSION

[P E R F E C T E D]

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 614, 696, 906, 530, 912 & 914

89TH GENERAL ASSEMBLY

Senate Committee Substitute for Senate Bills Nos. 614, 696, 906, 530, 912 and 914, adopted March 25, 1998.

Taken up for Perfection March 25, 1998. Bill declared Perfected and Ordered Printed, as amended.

TERRY L. SPIELER, Secretary.

S2241.07P

AN ACT

To repeal sections 138.430, 196.790, 426.220, 426.230, 476.682, 478.265, 478.266, 478.267, 478.320, 478.437, 534.350, 534.360 and 535.110, RSMo 1994, and sections 105.464, 478.464, 479.500, 487.020, 488.012, 488.015, 514.040, 534.380 and 535.030, RSMo Supp. 1997, and to enact in lieu thereof twenty-six new sections relating to the judiciary.

Section A.  Sections 138.430, 196.790, 426.220, 426.230, 476.682, 478.265, 478.266, 478.267, 478.320, 478.437, 534.350, 534.360 and 535.110, RSMo 1994, and sections 105.464, 478.464, 479.500, 487.020, 488.012, 488.015, 514.040, 534.380 and 535.030, RSMo Supp. 1997, are repealed and twenty-six new sections enacted in lieu thereof, to be known as sections 105.464, 138.430, 196.790, 426.220, 426.230, 476.682, 478.242, 478.265, 478.266, 478.267, 478.269, 478.320, 478.437, 478.464, 479.500, 487.020, 488.012, 488.015, 514.040, 534.350, 534.360, 534.380, 535.030, 535.110, 600.101 and 1, to read as follows:

105.464.  1.  No person serving in a judicial or quasi-judicial capacity shall participate in such capacity in any proceeding in which:

(1)  The person knows that a party is any of the following: the person or the person's great-grandparent, grandparent, parent, stepparent, guardian, foster parent, spouse, former spouse, child, stepchild, foster child, ward, niece, nephew, brother, sister, uncle, aunt, or cousin, or any firm or corporation in which the person has an ownership interest, or any trust in which the person has any legal, equitable or beneficial interest;

(2)  The person knows the subject matter is such that the person may receive a direct [or indirect] financial gain from any potential result of the proceeding, except that no provision in this subsection shall be construed to prohibit the person from participating in any proceeding by reason of the fact that the state, or any agency of the state, or any agency of a political subdivision thereof, is a party.

2.  No provision in the section shall be construed to prohibit him from entering an order disqualifying himself or herself or transferring the matter to another court, body, or person for further proceedings.

138.430.  1.  Every owner of real property or tangible personal property shall have the right to appeal from the local boards of equalization to the state tax commission under rules prescribed by the state tax commission, within the time prescribed in this chapter or thirty days following the final action of the local board of equalization, whichever date later occurs, concerning all questions and disputes involving the assessment against such property, the correct valuation to be placed on such property, the method or formula used in determining the valuation of such property, or the assignment of a discriminatory assessment to such property.  The commission shall investigate all such appeals and shall correct any assessment or valuation which is shown to be unlawful, unfair, improper, arbitrary or capricious.  Any person aggrieved by the decision of the commission may seek review as provided in chapter 536, RSMo.

2.  In order to investigate such appeals, the commission may inquire of the owner of the property or of any other party to the appeal regarding any matter or issue relevant to the valuation, subclassification or assessment of the property.  The commission may make its decision regarding the assessment or valuation of the property based solely upon its inquiry and any evidence presented by the parties to the commission, or based solely upon evidence presented by the parties to the commission.

3.  Every owner of real property or tangible personal property shall have the right to appeal to the circuit court of the county in which the collector maintains his office, from the decision of the local board of equalization not later than thirty days after the final decision of the board of equalization concerning all questions and disputes involving the exclusion or exemption of such property from assessment or from the tax rolls pursuant to the Constitution of the United States or the constitution or laws of this state, or of the taxable situs of such property.  The appeal shall be [as a trial de novo] conducted in the manner prescribed [for nonjury civil proceedings] by section 536.150, RSMo.

4.  Upon the timely filing of an appeal as provided in this section, the state tax commission or the clerk of the circuit court, as applicable, shall send to the county collector to whom the taxes on the property involved would be due, a notice that an appeal has been filed, which notice shall contain the name and address of the taxpayer filing the appeal.

5.  If the circuit court, after review of the appeal, finds that the appeal is not a proper subject for the appeal to the circuit court as provided in subsection 3 of this section, it shall transfer the appeal to the state tax commission for consideration.

196.790.  Every person, firm or corporation who shall violate any of the provisions of sections 196.755 to 196.765, 196.780 and 196.785, shall forfeit and pay to the state of Missouri, for the use of the school fund for every such violation, the sum of fifty dollars and costs of suit, to be recovered by civil action in the circuit court in the name of the state of Missouri on the relation of any person having knowledge of the facts before [an associate circuit judge, or circuit] a judge assigned to hear the cause[, of] in the city or county where such violation occurs, subject to the right of [an application for trial de novo or] appeal[, as the case may be,] as in other civil cases; and it is further enacted that every person, firm or corporation who shall violate the provisions of sections 196.750 to 196.810, in addition to the civil liability to the state of Missouri [herein] provided in this section, shall be deemed guilty of a misdemeanor, and shall for the first offense be punished by a fine of not less than fifty dollars nor more than one hundred dollars or by imprisonment not exceeding thirty days, and for each subsequent offense, by a fine of not less than two hundred and fifty dollars nor more than five hundred dollars, or by imprisonment in the county jail not less than thirty days nor more than six months, or by both such fine and imprisonment, in the discretion of the court.

426.220.  All appeals allowed by virtue of section 426.210 shall be taken and made by the appellant, or someone for him, making and filing an affidavit that the appeal is not taken for vexation or delay, but because affiant believes that appellant is prejudiced by the decision appealed from, and by giving bond to the state of Missouri in such sum as the assignee may require, and with such sureties as he may approve, conditioned that appellant will prosecute his appeal with due diligence, and pay all cost thereon awarded against appellant.  If judgment for costs be rendered against appellant, it shall be against him and his sureties on the bond.  [In all other respects appeals shall be taken, certified and proceeded with in the same manner as applications for a trial de novo from judgments of associate circuit judges.]

426.230.  Upon such appeal being allowed and certified, as in section 426.220 is required, the court shall become possessed of the case, and shall proceed to hear and determine the same, in the same manner as if such case was pending before a circuit judge [on an application for trial de novo from the judgment of an associate circuit judge]; and appeals may be taken from the judgment of the court, in the same manner as appeals are now allowed by law from judgments of circuit judges in this state.

476.682.  1.  Any person assigned as a senior judge pursuant to section 26 of article V of the Missouri Constitution shall receive for each day of service an amount [that when added to the daily amount of annual compensation, salary or retirement compensation payable pursuant to sections 476.450 to 476.595, equals one hundred] equal to fifty percent of the current annual salary of the office from which the judge retired attributable to one day of service.  Notwithstanding the foregoing, no senior judge shall receive less daily compensation than an amount, that when added to the daily amount of annual compensation payable to sections 476.450 to 476.595, is less than one hundred percent of the current annual salary of the office from which the judge retired attributable to one day of service.  For purposes of this subsection, one year shall equal two hundred thirty-five days.  No senior judge shall receive compensation pursuant to this subsection in a total amount that when such compensation is added to the annual compensation, salary or retirement compensation payable pursuant to sections 476.450 to 476.595, the sum is greater than the current annual salary of the office from which the judge retired.

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

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

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

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

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

478.242.  The presiding judge of any circuit may assign any probate, juvenile, family court, drug court, traffic court, or any other commissioner of any division of the circuit court to hear particular cases or classes of cases, pursuant to subsection 2 of section 478.240, RSMo.  A circuit or associate circuit judge shall by order of record confirm or reject all orders, judgments and decrees of a commissioner within the time such judge could have set aside such orders, judgments and decrees, had the same been made by him, and if so confirmed, such orders, judgments and decrees shall have the same effect as if made by the judge on the date of such confirmation.

478.265.  [The judge of the probate division of the circuit court of any county which has more than four hundred thousand inhabitants] In the twenty-second judicial circuit, the judge of the probate division, may appoint a person to be known as commissioner of the probate division of the circuit court, who shall possess the same qualifications and take and subscribe a like oath as [such] an associate circuit judge.  The compensation of the commissioner shall be [limited, determined and paid in the same manner as division clerks as provided by subsection 2 of section 483.243, RSMo, until June 30, 1981, and section 483.245 RSMo after that date except as provided in sections 478.266 and 478.267; provided, however, that said commissioner shall receive a per diem of twenty dollars per day as compensation unless said commissioner is a regular salaried employee serving the probate division of the circuit court in which event he shall receive no per diem allowance; and his service shall extend until terminated by order of the judge of the probate division of the circuit court entered of record but not beyond the term of office of such judge] the same as that of a circuit judge and payable from the same source as the compensation of the probate commissioner in the twenty-second judicial circuit was payable on August 27, 1998.  Subject to approval or rejection by the judge of the probate division, the commissioner shall have all the powers and duties of [such] the judge for matters within the jurisdiction of the judge of the probate division; but [the] a judge shall by order of record reject or confirm all orders, judgments, and decrees of the commissioner within the time such judge could set aside such orders, judgments, or decrees, had the same been made by him; and if so confirmed such orders, judgments, and decrees shall have the same effect as if made by the judge on the date of such confirmation.

478.266.  1.  [Notwithstanding the provisions of section 478.265, on and after January 2, 1979, each county of the first class having a charter form of government and containing all or part of a city having a population of at least four hundred fifty thousand or more] In the sixteenth judicial circuit, a majority of the circuit and associate circuit judges, meeting 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 a circuit judge, payable in the same manner and from the same source as the compensation of the judge who serves in the probate division of the circuit court.  Subject to approval or rejection by the judge of the probate division, the commissioner shall have all the powers and duties of the judge for matters within the jurisdiction of the judge of the probate division.  [The] A 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 him.  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.

2.  [The judge of the probate division of the circuit court of each county of the first class having a charter form of government and containing a population of at least four hundred fifty thousand inhabitants and in any city not within a county and, after January 1, 1991, in each county of the first class having a charter form of government and not containing all or part of a city having a population of at least four hundred fifty thousand or more] In each of the sixteenth, twenty-first and twenty-second judicial circuits, the judge of the probate division may appoint a person to be known as deputy commissioner of the probate division of the circuit court, who shall possess the same qualifications and take and subscribe a like oath as [such] an associate circuit judge.  The deputy commissioner shall be appointed for a term of four years.  The compensation of the deputy commissioner shall be the same as that of an associate circuit judge [of the circuit court in a county of the first class], payable in the same manner and from the same source as the compensation of an associate circuit judge [of the circuit court of a first class county].  Subject to approval or rejection by the judge of the probate division, the commissioner shall have all the powers and duties of the clerk of the probate division and [such] the judge for matters within the jurisdiction of the judge of the probate division; but [the] a judge shall by order of record reject or confirm all orders, judgments, and decrees of the deputy commissioner within the time such judge could set aside such orders, judgments, or decrees, had the same been made by him; and if so confirmed such orders, judgments, and decrees shall have the same effect as if made by the judge on the date of such confirmation.

478.267.  [Notwithstanding the provisions of section 478.265, on and after January 2, 1979, in each county of the first class having a charter form of government and having a population of at least nine hundred thousand or more inhabitants, the judge of the probate division of the circuit court] In the twenty-first judicial circuit, the judge of the probate division may appoint one person, who shall possess the same qualifications as [a] an associate 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 [determined by the judge of the probate division of the circuit court, not to exceed] the same amount as the compensation of a circuit court judge, payable in the same manner and from the same source as the compensation of the judge who serves in the probate division of the circuit court.  Subject to approval or rejection by the judge of the probate division, the commissioner shall have all the powers and duties of the judge for matters within the jurisdiction of the probate division.  [The] A 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 him.  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.

478.269.  In the twenty-third judicial circuit, by a majority of the associate circuit and circuit judges meeting en banc, may appoint one person, who shall possess the same qualifications as a circuit judge, to act as commissioner of the probate division and the family court 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 an associate circuit judge.  Subject to approval or rejection by a circuit or associate circuit judge, the commissioner shall have all the powers and duties of a circuit judge.  A circuit or associate circuit 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 him or her.  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.

478.320.  1.  In counties having a population of thirty thousand or less, there shall be one associate circuit judge.  In counties having a population of more than thirty thousand and less than one hundred thousand, there shall be two associate circuit judges.  In counties having a population of one hundred thousand or more, there shall be two associate circuit judges and one additional associate circuit judge for each additional one hundred thousand inhabitants or major fraction thereof.

2.  In addition to the associate circuit judges authorized by subsection 1 of this section, one additional associate circuit judge is authorized for each magistrate which was provided in the county pursuant to the provisions of subsection 3 of section 482.010, RSMo, in effect on January 1, 1979.  Additional associate circuit judges may be authorized in particular counties by law hereafter enacted.

3.  The number of associate circuit judges authorized for the twenty-first judicial circuit shall be reduced by the number of additional circuit judges authorized for the twenty-first judicial circuit, as provided by subsection 2 of section 478.437.

[3.]  4.  Except in circuits where associate circuit judges are selected under the provisions of sections 25(a) to (g) of article V of the constitution, the election of associate circuit judges shall in all respects be conducted as other elections and the returns made as for other officers.

[4.]  5.  In counties where associate circuit judges are elected, they shall be elected by the county at large.

[5.]  6.  No associate circuit judge shall practice law, or do a law business, nor shall he accept, during his term of office, any public appointment for which he receives compensation for his services.

[6.]  7.  No person shall be elected as an associate circuit judge unless he has resided in the county for which he is to be elected at least one year prior to the date of his election; provided that, a person who is appointed by the governor to fill a vacancy may file for election and be elected notwithstanding the provisions of this subsection.  

478.437.  1.  Prior to August 28, 1998, the circuit court of the county of St. Louis, comprising circuit number twenty-one, shall be composed of nineteen divisions and nineteen judges and each of the judges shall separately try causes, exercise the powers and perform all the duties imposed upon circuit judges.

2.  On and after August 28, 1998, as the number of associate circuit judges are reduced in the twenty-first judicial circuit pursuant to subsection 3 of section 478.320, five additional circuit divisions and five additional circuit judges are authorized for the twenty-first judicial circuit.  The procedure for adding these judges shall be as follows:

(1)  On and after August 28, 1998, the next five associate circuit judge positions which become vacant shall be considered abolished; and

(2)  A vacancy in a circuit judge position shall be deemed to exist, and a circuit judge shall be appointed as provided by sections 25(a) to (g) of article V of the constitution.

The provisions of this subsection shall apply only to the first five vacancies in associate circuit judge positions in the twenty-first judicial circuit which occur on and after August 28, 1998.

478.464.  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,] On and after August 28, 1998, there shall be one additional associate circuit judge in the sixteenth judicial circuit, to [be known as] sit in 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.

479.500.  1.  In the twenty-first judicial circuit, a majority of the circuit judges, en banc, may establish a traffic court, which shall be a division of the circuit court, and may authorize the appointment of not more than three municipal judges who shall be known as traffic judges.  The traffic judges shall be appointed by a traffic court judicial commission consisting of the presiding judge of the circuit, who shall be the chair, one circuit judge elected by the circuit judges, one associate circuit judge elected by the associate circuit judges of the circuit, and two members appointed by the county executive of St. Louis County, each of whom shall represent one of the two political parties casting the highest number of votes at the next preceding gubernatorial election.  The procedures and operations of the traffic court judicial commission shall be established by circuit court rule.

2.  Traffic judges may be authorized to act as commissioners to hear in the first instance nonfelony violations of state law involving motor vehicles, and such other offenses as may be provided by circuit court rule.  Traffic judges may also be authorized to hear in the first instance violations of county and municipal ordinances involving motor vehicles, and other county ordinance violations, as provided by circuit court rule.

3.  In the event that a county municipal court is established pursuant to section 66.010, RSMo, which takes jurisdiction of county ordinance violations the circuit court may then authorize the appointment of no more than two traffic judges authorized to hear municipal ordinance violations other than county ordinance violations, and to act as commissioner to hear in the first instance nonfelony violations of state law involving motor vehicles, and such other offenses as may be provided by rule.  These traffic court judges also may be authorized to act as commissioners to hear in the first instance petitions to review decisions of the department of revenue or the director of revenue filed pursuant to sections 302.309, 302.311, 302.535 and 302.750, RSMo.

4.  In establishing a traffic court, the circuit may be divided into such sectors as may be established by a majority of the circuit and associate circuit judges, en banc.  The traffic court in each sector shall hear those cases arising within the territorial limits of the sector unless a case arising within another sector is transferred as provided by operating procedures.

5.  Traffic judges shall be licensed to practice law in this state and shall serve at the pleasure of a majority of the circuit and associate circuit judges, en banc, and shall be residents of St. Louis County, and shall receive from the state as annual compensation an amount equal to one-third of the annual compensation of an associate circuit judge.  Each judge shall devote approximately one-third of his working time to the performance of his duties as a traffic judge.  Traffic judges shall not accept or handle cases in their practice of law which are inconsistent with their duties as a traffic judge and shall not be a judge or prosecutor for any other court.  Traffic judges shall not be considered state employees and shall not be members of the state employees' or judicial retirement system or be eligible to receive any other employment benefit accorded state employees or judges.

6.  A majority of the judges, en banc, shall establish operating procedures for the traffic court which shall provide for regular sessions in the evenings after 6:00 p.m. and for Saturday or other sessions as efficient operation and convenience to the public may require.  Proceedings in the traffic court, except when a judge is acting as a commissioner pursuant to this section, shall be conducted as provided in supreme court rule 37.  The hearing shall be before a traffic judge without jury, and the judge shall assume an affirmative duty to determine the merits of the evidence presented and the defenses of the defendant and may question parties and witnesses.  No term of imprisonment or confinement may be assessed by a traffic judge.  In the event a jury trial is requested, the cause shall be certified to the circuit court for trial by jury as otherwise provided by law.  Clerks and computer personnel shall be assigned as needed for the efficient operation of the court.

7.  In establishing operating procedure, provisions shall be made for appropriate circumstances whereby defendants may enter not guilty pleas and obtain trial dates by telephone or written communication without personal appearance, or to plead guilty and deliver by mail or electronic transfer or other approved method the specified amount of the fine and costs as otherwise provided by law, within a specified period of time.

8.  Operating procedures shall be provided for electronic recording of proceedings, except that if adequate recording equipment is not provided at county expense, then, in that event, a person aggrieved by a judgment of a traffic judge or commissioner finding a violation of a county or municipal ordinance shall have the right of a trial de novo.  The procedures for perfecting the right of a trial de novo shall be the same as that provided under [sections 512.180 to 512.320, RSMo, except that the provisions of subsection 2 of section 512.180, RSMo, shall not apply to such cases] section 479.200, RSMo.

9.  The circuit court shall only have the authority to appoint two commissioners with the jurisdiction provided in subsection 3 of this section.

10.  All costs to establish and operate a county municipal court under section 66.010, RSMo, and this section shall be borne by such county.

487.020.  1.  In each circuit or a county having a family court, a majority of the circuit and associate circuit judges en banc, in the circuit, may appoint commissioners, subject to appropriations, to hear family court cases and make findings as provided for in sections 487.010 to 487.190.  Any person serving as a commissioner of the juvenile division of the circuit court on August 28, 1993, shall become a commissioner of the family court.  In each circuit or a county therein having a family court, a majority of the circuit and associate circuit judges en banc may appoint, in addition to those commissioners serving as commissioners of the juvenile division and becoming commissioners of the family court pursuant to the provisions of sections 487.020 to 487.040, no more than three additional commissioners to hear family court cases and make findings and recommendations as provided in sections 487.010 to 487.190.  The number of additional commissioners added as a result of the provisions of sections 487.010 to 487.190 may be appointed only to the extent that the state is reimbursed for the salaries of the commissioners as provided in sections 487.010 to 487.190 or by federal or county funds or by gifts or grants made for such purposes, except that any county of the first class having a charter form of government on August 28, 1993, which had appointed only one commissioner of the juvenile division of its circuit court under section 211.023, RSMo, may, in addition to the commissioners provided for herein, appoint one additional commissioner of its family court whose compensation shall be payable by the state in accordance with section 211.023 and 487.190, RSMo.  A commissioner shall be appointed for a term of four years.  Commissioners appointed pursuant to sections 487.020 to 487.040 shall serve in addition to circuit judges, associate circuit court judges and commissioners authorized to hear actions classified under section 487.080.

2.  Each commissioner of the family court shall possess the same qualifications as a circuit judge.  The compensation and retirement benefits of each commissioner shall be the same as that of an associate circuit judge, payable in the same manner and from the same source as that of an associate circuit judge.

488.012.  1.  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 [section 514.015] sections 488.010 to 488.020.  Court costs due and payable prior to July 1, 1997, shall not be affected by the adoption of this rule.

2.  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.

3.  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; and witness mileage reimbursement computed at the rate specifically authorized by rules issued by the commissioner of administration for employees of the state pursuant to section 33.095, RSMo.

488.015.  The court shall not increase the amount of miscellaneous charges or surcharges allowed by law.  The amounts of fees payable to the state of Missouri may be annually adjusted as provided in section 488.012 to the extent that projected total collections for all such fees shall not exceed one hundred four percent of such fees assessed or assessable during the previous year less the amount of such assessed fees attributable to any increase in the judiciary's caseload, provided that the amount of the adjusted fee attributable to each case may be rounded to the nearest dollar.  [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 sections 488.010 to 488.020 shall be presented to the general assembly on or before January first of the year in which the rule or amendment is proposed to take effect.

514.040.  1.  Except as provided in subsection 3 of this section, if any court shall, before or after the commencement of any suit pending before it, be satisfied that the plaintiff is a poor person, and unable to prosecute his or her suit, and pay all or any portion of the costs and expenses thereof, such court may, in its discretion, permit him or her to commence and prosecute his or her action as a poor person, and thereupon such poor person shall have all necessary process and proceedings as in other cases, without fees, tax or charge as the court determines the person cannot pay; and the court may assign to such person counsel, who, as well as all other officers of the court, shall perform their duties in such suit without fee or reward as the court may excuse; but if judgment is entered for the plaintiff, costs shall be recovered, which shall be collected for the use of the officers of the court.

2.  In any civil action brought in a court of this state by any offender convicted of a crime who is confined in any state prison or correctional center, the court shall not reduce the amount required as security for costs upon filing such suit to an amount of less than ten dollars pursuant to this section.  This subsection shall not apply to any action for which no sum as security for costs is required to be paid upon filing such suit.

3.  Where a party is represented in a civil action by a legal aid society or a legal services or other nonprofit organization funded in whole or substantial part by moneys appropriated by the general assembly of the state of Missouri, which has as its primary purpose the furnishing of legal services to indigent persons, or by private counsel working on behalf of or under the auspices of such society, all costs and expenses related to the prosecution of the suit may be waived without the necessity of a motion and court approval, provided that a determination has been made by such society or organization that such party is unable to pay the costs, fees and expenses necessary to prosecute or defend the action, and that a certification that such determination has been made is filed with the clerk of the court.

534.350.  The judge rendering judgment in any such cause may issue execution at any time after judgment, but such execution shall not be levied until after the expiration of the time allowed for the filing of an [application for trial de novo or the taking of an] appeal, except as [in the next succeeding section is] provided in section 534.360.

534.360.  If it shall appear to the officer having charge of the execution that the defendant therein is about to remove, conceal or dispose of his property, so as to hinder or delay the levy, the rents and profits, damages and costs may be levied before the expiration of the time allowed for the filing of [an application for a trial de novo or taking] an appeal.

534.380.  [Applications for trials de novo and] Appeals shall be allowed and conducted in the manner provided in chapter 512, RSMo.  [Application for a trial de novo or] An appeal shall not stay execution for restitution of the premises unless the defendant gives bond within the time for appeal.  The bond shall be for the amount of the judgment and with the condition to stay waste and to pay all subsequently accruing rent, if any, into court within ten days after it becomes due, pending determination of the [trial de novo or] appeal, subject to the judge's discretion.  However, in any case in which the defendant receives a reduction in rent due to a local, state or federal subsidy program, the amount of the bond shall be reduced by the amount of said subsidy.  Execution other than for restitution shall be stayed if the defendant files a bond in the proper amount at such time as otherwise provided by law.

535.030.  1.  Such summons shall be served as in other civil cases at least four days before the return day of the summons, however, the return date shall be set for no later than ten days after service.

2.  In addition to attempted personal service, the plaintiff may request, and thereupon the judge, before whom the proceeding is commenced, shall make an order directing that the officer, or other person empowered to execute the summons, shall also serve the same by securely affixing a copy of such summons and the complaint in a conspicuous place on the dwelling of the premises in question at least ten days before the return date of such summons, and by also mailing a copy of the summons and complaint to the defendant at the defendant's last known address by ordinary mail and by certified mail, return receipt requested, deliver to addressee only, at least ten days before the return date.  If the officer, or other person empowered to execute the summons, shall return that the defendant is not found, or that the defendant has absconded or vacated his usual place of abode in this state, and if proof be made by affidavit of the posting and of the mailing of a copy of the summons and complaint, the judge shall at the request of the plaintiff proceed to hear the case as if there had been personal service, and judgment shall be rendered and proceedings had as in other cases, except that no money judgment shall be granted the plaintiff where the defendant is in default and service is by the posting and mailing procedure set forth in this section.

3.  If the plaintiff does not request service of the original summons by posting and mailing as provided in subsection 2 of this section, and if the officer, or other person empowered to execute the summons, makes return that the defendant is not found, or that the defendant has absconded or vacated the defendant's usual place of abode in this state, the plaintiff may request the issuance of an alias summons and service of the same by posting and mailing in the time and manner provided in subsection 2 of this section.  In addition, the plaintiff or an agent of the plaintiff who is at least eighteen years of age may serve the summons by posting and mailing a copy of the summons in the time and manner provided in subsection 2 of this section.  Upon proof by affidavit of the posting and of the mailing of a copy of the summons or alias summons and the complaint, the judge shall proceed to hear the case as if there had been personal service, and judgment shall be rendered and proceedings had as in other cases, except that no money judgment shall be granted the plaintiff where the defendant is in default and service is by the posting and mailing procedure provided in subsection 2 of this section.

4.  On the date judgment is rendered as provided in this section where the defendant is in default, the court shall mail to the defendant at the defendant's last known address by certified mail, with a request for return receipt and with directions to deliver to the addressee only, a notice informing the defendant of the judgment and the date it was entered, and stating that the defendant has ten days from the date of the judgment to file a motion to set aside the judgment [or to file an application for a trial de novo in the circuit court, as the case may be], and that unless the judgment is set aside [or an application for a trial de novo is filed within ten days], the judgment will become final and the defendant will be subject to eviction from the premises without further notice.

535.110.  [Applications for trials de novo and] Appeals shall be allowed and conducted in the manner provided in chapter 512, RSMo; but no [application for a trial de novo or] appeal shall stay execution unless the defendant [give] gives bond, with security sufficient to secure the payment of all damages, costs and rent then due, and with condition to stay waste and to pay all subsequently accruing rent, if any, into court within ten days after it becomes due, pending determination of the [trial de novo or] appeal.

600.101.  At least two public defenders shall be reassigned to offices in the fortieth judicial circuit provided that each county in such circuit fund, on the basis of population, its pro rata share of the costs of office space and utility services.

Section 1.  The provisions of sections 138.430, 196.790, 426.220, 426.230, 479.500, 534.350, 534.360, 534.380, 535.030 and 535.110 of this act shall be applicable to cases filed on and subsequent to January 1, 1999.  Any case filed on or prior to December 31, 1998, shall be governed by the practice and procedure relative to trials de novo in effect on December 31, 1998.

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