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SECOND REGULAR SESSION
HOUSE BILL NO. 2694
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE STEINMEYER.
6474H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal sections 590.145, 595.045, 650.277, and 701.377, RSMo, and to enact in lieu
thereof four new sections relating to the transfer of moneys in certain funds at the end
of any biennium.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 590.145, 595.045, 650.277, and 701.377, RSMo, are repealed
2 and four new sections enacted in lieu thereof, to be known as sections 590.145, 595.045,
3 650.277, and 701.377, to read as follows:
590.145. All moneys received by the Missouri state highway patrol for the training of
2 peace of ficers who are not members of the state highway patrol shall be deposited in the state
3 treasury to the credit of the "Highway Patrol Academy Fund" which is hereby created.
4 [ Subject to section 33.080 , ] Balances from this fund shall be made available for the repair ,
5 maintenance, operation, and personal services required to operate the patrol academy and for
6 no other purpose. Notwithstanding the pr ovisions of section 33.080 to the contrary ,
7 moneys in the highway patr ol academy fund at the end of any biennium shall not be
8 transferr ed to the cr edit of the general reven ue fund.
595.045. 1. There is established in the state treasury the "Crime V ictims'
2 Compensation Fund". A surchar ge of seven dollars and fifty cents shall be assessed as costs
3 in each court proceeding filed in any court in the state in all criminal cases including
4 violations of any county ordinance or any violation of criminal or traf fic laws of the state,
5 including an infraction and violation of a municipal ordinance; except that no such fee shall
6 be collected in any proceeding in any court when the proceeding or the defendant has been
7 dismissed by the court or when costs are to be paid by the state, county , or municipality . A
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
8 surchar ge of seven dollars and fifty cents shall be assessed as costs in a juvenile court
9 proceeding in which a child is found by the court to come within the applicable provisions of
10 subdivision (3) of subsection 1 of section 21 1.031.
11 2. Notwithstanding any other provision of law to the contrary , the moneys collected
12 by clerks of the courts pursuant to the provisions of subsection 1 of this section shall be
13 collected and disbursed in accordance with sections 488.010 to 488.020 and shall be payable
14 to the director of the department of revenue.
15 3. The director of revenue shall deposit annually the amount of two hundred fifty
16 thousand dollars to the state forensic laboratory account administered by the department of
17 public safety to provide financial assistance to defray expenses of crime laboratories if such
18 analytical laboratories are registered with the federal Drug Enforcement Agency or the
19 Missouri department of health and senior services. Subject to appropriations made therefor ,
20 such funds shall be distributed by the department of public safety to the crime laboratories
21 serving the courts of this state making analysis of a controlled substance or analysis of blood,
22 breath or urine in relation to a court proceeding. Notwithstanding the prov isions of section
23 33.080 to the contrary , moneys in the crime victims' compensation fund at the end of any
24 biennium shall not be transferr ed to the cred it of the general reven ue fund.
25 4. The remaining funds collected under subsection 1 of this section shall be denoted
26 to the payment of an annual appropriation for the administrative and operational costs of the
27 of fice for victims of crime and, if a statewide automated crime victim notification system is
28 established pursuant to section 650.310, to the monthly payment of expenditures actually
29 incurred in the operation of such system. Additional remaining funds shall be subject to the
30 following provisions:
31 (1) On the first of every month, the director of revenue or the director's designee shall
32 determine the balance of the funds in the crime victims' compensation fund available to
33 satisfy the amount of compensation payable pursuant to sections 595.010 to 595.075,
34 excluding sections 595.050 and 595.055;
35 (2) Beginning on September 1, 2004, and on the first of each month, the director of
36 revenue or the director's designee shall deposit fifty percent of the balance of funds available
37 to the credit of the crime victims' compensation fund and fifty percent to the services to
38 victims' fund established in section 595.100.
39 5. The director of revenue or such director's designee shall at least monthly report the
40 moneys paid pursuant to this section into the crime victims' compensation fund and the
41 services to victims fund to the department of public safety .
42 6. The moneys collected by clerks of municipal courts pursuant to subsection 1 of this
43 section shall be collected and disbursed as provided by sections 488.010 to 488.020. Five
44 percent of such moneys shall be payable to the city treasury of the city from which such funds
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45 were collected. The remaining ninety-five percent of such moneys shall be payable to the
46 director of revenue. The funds received by the director of revenue pursuant to this subsection
47 shall be distributed as follows:
48 (1) On the first of every month, the director of revenue or the director's designee shall
49 determine the balance of the funds in the crime victims' compensation fund available to
50 satisfy the amount of compensation payable pursuant to sections 595.010 to 595.075,
51 excluding sections 595.050 and 595.055;
52 (2) Beginning on September 1, 2004, and on the first of each month the director of
53 revenue or the director's designee shall deposit fifty percent of the balance of funds available
54 to the credit of the crime victims' compensation fund and fifty percent to the services to
55 victims' fund established in section 595.100.
56 7. These funds shall be subject to a biennial audit by the Missouri state auditor . Such
57 audit shall include all records associated with crime victims' compensation funds collected,
58 held or disbursed by any state agency .
59 8. In addition to the moneys collected pursuant to subsection 1 of this section, the
60 court shall enter a judgment in favor of the state of Missouri, payable to the crime victims'
61 compensation fund, of sixty-eight dollars upon a plea of guilty or a finding of guilt for a class
62 A or B felony; forty-six dollars upon a plea of guilty or finding of guilt for a class C, D, or E
63 felony; and ten dollars upon a plea of guilty or a finding of guilt for any misdemeanor under
64 Missouri law except for those in chapter 252 relating to fish and game, chapter 302 relating to
65 drivers' and commercial drivers' license, chapter 303 relating to motor vehicle financial
66 responsibility , chapter 304 relating to traff ic regulations, chapter 306 relating to watercraft
67 regulation and licensing, and chapter 307 relating to vehicle equipment regulations. Any
68 clerk of the court receiving moneys pursuant to such judgments shall collect and disburse
69 such crime victims' compensation judgments in the manner provided by sections 488.010 to
70 488.020. Such funds shall be payable to the state treasury and deposited to the credit of the
71 crime victims' compensation fund.
72 9. The clerk of the court processing such funds shall maintain records of all
73 dispositions described in subsection 1 of this section and all dispositions where a judgment
74 has been entered against a defendant in favor of the state of Missouri in accordance with this
75 section; all payments made on judgments for alcohol-related traff ic offenses ; and any
76 judgment or portion of a judgment entered but not collected. These records shall be subject to
77 audit by the state auditor . The clerk of each court transmitting such funds shall report
78 separately the amount of dollars collected on judgments entered for alcohol-related traff ic
79 of fenses from other crime victims' compensation collections or services to victims
80 collections.
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81 10. The department of revenue shall maintain records of funds transmitted to the
82 crime victims' compensation fund by each reporting court and collections pursuant to
83 subsection 16 of this section and shall maintain separate records of collection for alcohol-
84 related of fenses.
85 1 1. The state courts administrator shall include in the annual report required by
86 section 476.350 the circuit court caseloads and the number of crime victims' compensation
87 judgments entered.
88 12. All awards made to injured victims under sections 595.010 to 595.105 and all
89 appropriations for administration of sections 595.010 to 595.105, except sections 595.050 and
90 595.055, shall be made from the crime victims' compensation fund. Any unexpended balance
91 remaining in the crime victims' compensation fund at the end of each biennium shall not be
92 subject to the provision of section 33.080 requiring the transfer of such unexpended balance
93 to the ordinary revenue fund of the state, but shall remain in the crime victims' compensation
94 fund. In the event that there are insufficie nt funds in the crime victims' compensation fund to
95 pay all claims in full, all claims shall be paid on a pro rata basis. If there are no funds in the
96 crime victims' compensation fund, then no claim shall be paid until funds have again
97 accumulated in the crime victims' compensation fund. When suff icient funds become
98 available from the fund, awards which have not been paid shall be paid in chronological order
99 with the oldest paid first. In the event an award was to be paid in installments and some
100 remaining installments have not been paid due to a lack of funds, then when funds do become
101 available that award shall be paid in full. All such awards on which installments remain due
102 shall be paid in full in chronological order before any other postdated award shall be paid.
103 Any award pursuant to this subsection is specifically not a claim against the state, if it cannot
104 be paid due to a lack of funds in the crime victims' compensation fund.
105 13. When judgment is entered against a defendant as provided in this section and such
106 sum, or any part thereof, remains unpaid, there shall be withheld from any disbursement,
107 payment, benefit, compensation, salary , or other transfer of money from the state of Missouri
108 to such defendant an amount equal to the unpaid amount of such judgment. Such amount
109 shall be paid forthwith to the crime victims' compensation fund and satisfaction of such
110 judgment shall be entered on the court record. Under no circumstances shall the general
111 revenue fund be used to reimburse court costs or pay for such judgment. The director of the
112 department of corrections shall have the authority to pay into the crime victims' compensation
113 fund from an offender's compensation or account the amount owed by the of fender to the
114 crime victims' compensation fund, provided that the of fender has failed to pay the amount
115 owed to the fund prior to entering a correctional facility of the department of corrections.
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116 14. All interest earned as a result of investing funds in the crime victims'
117 compensation fund shall be paid into the crime victims' compensation fund and not into the
118 general revenue of this state.
119 15. Any person who knowingly makes a fraudulent claim or false statement in
120 connection with any claim hereunder is guilty of a class A misdemeanor .
121 16. The department may receive gifts and contributions for the benefit of crime
122 victims. Such gifts and contributions shall be credited to the crime victims' compensation
123 fund as used solely for compensating victims under the provisions of sections 595.010 to
124 595.075.
650.277. 1. As otherwise provided by sections 650.200 to 650.295, the boiler and
2 pressure vessel board shall set fees for inspection, permits, licenses, and certificates required
3 by sections 650.200 to 650.295. Fees shall be determined by the board to provide suf ficient
4 funds for the operation of the board and shall be set by rule or regulation promulgated in
5 accordance with the provisions of section 536.021. The board may alter the fee schedule once
6 every two years. Any funds collected pursuant to sections 650.200 to 650.295 shall be
7 deposited in the "Boiler and Pressure V essels Safety Fund", which is hereby created.
8 Beginning July 1, 2003, moneys in the fund shall be appropriated from the fund for the
9 expenses of the board. A municipality or other political subdivision enforcing the provisions
10 of sections 650.200 to 650.295 and which performs the inspections, permitting, licensing, and
11 certification as required, the fee for such inspection shall be paid directly to the municipality
12 or political subdivision and shall not be preempted by sections 650.200 to 650.295, except
13 that any fee established by the board for the issuance of appropriate state certificates shall be
14 paid to the board. Notwithstanding the provi sions of section 33.080 to the contrary ,
15 moneys in the boiler and pr essur e vessels safety fund at the end of any biennium shall
16 not be transferred to the cr edit of the general rev enue fund.
17 2. Any rule or portion of a rule, as that term is defined in section 536.010, that is
18 created under the authority delegated in this section or under the authority of sections 650.210
19 to 650.275 shall become ef fective only if it complies with and is subject to all of the
20 provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536
21 are nonseverable and if any of the powers vested with the general assembly pursuant to
22 chapter 536 to review , to delay the ef fective date or to disapprove and annul a rule are
23 subsequently held unconstitutional, then the grant of rulemaking authority and any rule
24 proposed or adopted after August 28, 2002, shall be invalid and void.
701.377. As otherwise provided by sections 701.350 to 701.380, the elevator safety
2 board shall set fees for inspection, permits, licenses, certificates, and plan review required by
3 the provisions of sections 701.350 to 701.380. Fees shall be determined by the elevator safety
4 board to provide suff icient funds for the operation of the board, except that no fee for the
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5 certificate shall exceed twenty-five dollars. The elevator safety board may alter the fee
6 schedule once each year . Any funds collected pursuant to sections 701.350 to 701.380 and
7 sections 316.200 to 316.237 shall be deposited in the "Elevator Safety Fund" which is hereby
8 created. Moneys shall be appropriated from the fund for the expense and functions of the
9 elevator safety and amusement ride safety boards. [ Any unexpended funds in the elevator
10 safety fund at the close of the biennium shall revert to the general revenue as required by
11 section 33.080 . ] Notwithstanding the pr ovisions of section 33.080 to the contrary ,
12 moneys in the elevator safety fund at the end of any biennium shall not be transferr ed to
13 the cred it of the general r evenue fund. A municipality or other political subdivision
14 enforcing the provisions of sections 701.350 to 701.380 under the provisions of subsection 2
15 of section 701.365 and which performs the plan review , permitting, inspections, and
16 certifications as required, the fee for that inspection shall be paid directly to the municipality
17 or political subdivision and shall not be preempted by sections 701.350 to 701.380, except
18 that any fee established by the elevator safety board for the issuance of appropriate state
19 certificates shall be paid to the elevator safety board.
✔
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