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EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE BILL NO. 1625
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR WILLIAMS.
6453S.01I KRISTINA MARTIN, Secretary
AN ACT
To 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 state funds to the state
general revenue fund, with penalty provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 590.145, 595.045, 650.277, and 1
701.377, RSMo, are repealed and four new sections enacted in 2
lieu thereof, to be known as sections 590.145, 595.045, 650.277, 3
and 701.377, to read as follows:4
590.145. All moneys received by the Missouri state 1
highway patrol for the training of peace officers who are 2
not members of the state highway patrol shall be deposited 3
in the state treasury to the credit of the "Highway Patrol 4
Academy Fund" which is hereby created. [Subject to section 5
33.080,] Balances from this fund shall be made available for 6
the repair, maintenance, operation, and personal services 7
required to operate the patrol academy and for no other 8
purpose. Notwithstanding the provisions of section 33.080 9
to the contrary, moneys in the fund at the end of any 10
biennium shall not be transferred to the credit of the 11
general revenue fund. 12
595.045. 1. There is established in the state 1
treasury the "Crime Victims' Compensation Fund". A 2
surcharge of seven dollars and fifty cents shall be assessed 3
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as costs in each court proceeding filed in any court in the 4
state in all criminal cases including violations of any 5
county ordinance or any violation of criminal or traffic 6
laws of the state, including an infraction and violation of 7
a municipal ordinance; except that no such fee shall be 8
collected in any proceeding in any court when the proceeding 9
or the defendant has been dismissed by the court or when 10
costs are to be paid by the state, county, or municipality. 11
A surcharge of seven dollars and fifty cents shall be 12
assessed as costs in a juvenile court proceeding in which a 13
child is found by the court to come within the applicable 14
provisions of subdivision (3) of subsection 1 of section 15
211.031. 16
2. Notwithstanding any other provision of law to the 17
contrary, the moneys collected by clerks of the courts 18
pursuant to the provisions of subsection 1 of this section 19
shall be collected and disbursed in accordance with sections 20
488.010 to 488.020 and shall be payable to the director of 21
the department of revenue. 22
3. The director of revenue shall deposit annually the 23
amount of two hundred fifty thousand dollars to the state 24
forensic laboratory account administered by the department 25
of public safety to provide financial assistance to defray 26
expenses of crime laboratories if such analytical 27
laboratories are registered with the federal Drug 28
Enforcement Agency or the Missouri department of health and 29
senior services. Subject to appropriations made therefor, 30
such funds shall be distributed by the department of public 31
safety to the crime laboratories serving the courts of this 32
state making analysis of a controlled substance or analysis 33
of blood, breath or urine in relation to a court 34
proceeding. Notwithstanding the provisions of section 35
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33.080 to the contrary, moneys in the fund at the end of any 36
biennium shall not be transferred to the credit of the 37
general revenue fund. 38
4. The remaining funds collected under subsection 1 of 39
this section shall be denoted to the payment of an annual 40
appropriation for the administrative and operational costs 41
of the office for victims of crime and, if a statewide 42
automated crime victim notification system is established 43
pursuant to section 650.310, to the monthly payment of 44
expenditures actually incurred in the operation of such 45
system. Additional remaining funds shall be subject to the 46
following provisions: 47
(1) On the first of every month, the director of 48
revenue or the director's designee shall determine the 49
balance of the funds in the crime victims' compensation fund 50
available to satisfy the amount of compensation payable 51
pursuant to sections 595.010 to 595.075, excluding sections 52
595.050 and 595.055; 53
(2) Beginning on September 1, 2004, and on the first 54
of each month, the director of revenue or the director's 55
designee shall deposit fifty percent of the balance of funds 56
available to the credit of the crime victims' compensation 57
fund and fifty percent to the services to victims' fund 58
established in section 595.100. 59
5. The director of revenue or such director's designee 60
shall at least monthly report the moneys paid pursuant to 61
this section into the crime victims' compensation fund and 62
the services to victims fund to the department of public 63
safety. 64
6. The moneys collected by clerks of municipal courts 65
pursuant to subsection 1 of this section shall be collected 66
and disbursed as provided by sections 488.010 to 488.020. 67
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Five percent of such moneys shall be payable to the city 68
treasury of the city from which such funds were collected. 69
The remaining ninety-five percent of such moneys shall be 70
payable to the director of revenue. The funds received by 71
the director of revenue pursuant to this subsection shall be 72
distributed as follows: 73
(1) On the first of every month, the director of 74
revenue or the director's designee shall determine the 75
balance of the funds in the crime victims' compensation fund 76
available to satisfy the amount of compensation payable 77
pursuant to sections 595.010 to 595.075, excluding sections 78
595.050 and 595.055; 79
(2) Beginning on September 1, 2004, and on the first 80
of each month the director of revenue or the director's 81
designee shall deposit fifty percent of the balance of funds 82
available to the credit of the crime victims' compensation 83
fund and fifty percent to the services to victims' fund 84
established in section 595.100. 85
7. These funds shall be subject to a biennial audit by 86
the Missouri state auditor. Such audit shall include all 87
records associated with crime victims' compensation funds 88
collected, held or disbursed by any state agency. 89
8. In addition to the moneys collected pursuant to 90
subsection 1 of this section, the court shall enter a 91
judgment in favor of the state of Missouri, payable to the 92
crime victims' compensation fund, of sixty-eight dollars 93
upon a plea of guilty or a finding of guilt for a class A or 94
B felony; forty-six dollars upon a plea of guilty or finding 95
of guilt for a class C, D, or E felony; and ten dollars upon 96
a plea of guilty or a finding of guilt for any misdemeanor 97
under Missouri law except for those in chapter 252 relating 98
to fish and game, chapter 302 relating to drivers' and 99
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commercial drivers' license, chapter 303 relating to motor 100
vehicle financial responsibility, chapter 304 relating to 101
traffic regulations, chapter 306 relating to watercraft 102
regulation and licensing, and chapter 307 relating to 103
vehicle equipment regulations. Any clerk of the court 104
receiving moneys pursuant to such judgments shall collect 105
and disburse such crime victims' compensation judgments in 106
the manner provided by sections 488.010 to 488.020. Such 107
funds shall be payable to the state treasury and deposited 108
to the credit of the crime victims' compensation fund. 109
9. The clerk of the court processing such funds shall 110
maintain records of all dispositions described in subsection 111
1 of this section and all dispositions where a judgment has 112
been entered against a defendant in favor of the state of 113
Missouri in accordance with this section; all payments made 114
on judgments for alcohol-related traffic offenses; and any 115
judgment or portion of a judgment entered but not 116
collected. These records shall be subject to audit by the 117
state auditor. The clerk of each court transmitting such 118
funds shall report separately the amount of dollars 119
collected on judgments entered for alcohol-related traffic 120
offenses from other crime victims' compensation collections 121
or services to victims collections. 122
10. The department of revenue shall maintain records 123
of funds transmitted to the crime victims' compensation fund 124
by each reporting court and collections pursuant to 125
subsection 16 of this section and shall maintain separate 126
records of collection for alcohol-related offenses. 127
11. The state courts administrator shall include in 128
the annual report required by section 476.350 the circuit 129
court caseloads and the number of crime victims' 130
compensation judgments entered. 131
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12. All awards made to injured victims under sections 132
595.010 to 595.105 and all appropriations for administration 133
of sections 595.010 to 595.105, except sections 595.050 and 134
595.055, shall be made from the crime victims' compensation 135
fund. Any unexpended balance remaining in the crime 136
victims' compensation fund at the end of each biennium shall 137
not be subject to the provision of section 33.080 requiring 138
the transfer of such unexpended balance to the ordinary 139
revenue fund of the state, but shall remain in the crime 140
victims' compensation fund. In the event that there are 141
insufficient funds in the crime victims' compensation fund 142
to pay all claims in full, all claims shall be paid on a pro 143
rata basis. If there are no funds in the crime victims' 144
compensation fund, then no claim shall be paid until funds 145
have again accumulated in the crime victims' compensation 146
fund. When sufficient funds become available from the fund, 147
awards which have not been paid shall be paid in 148
chronological order with the oldest paid first. In the 149
event an award was to be paid in installments and some 150
remaining installments have not been paid due to a lack of 151
funds, then when funds do become available that award shall 152
be paid in full. All such awards on which installments 153
remain due shall be paid in full in chronological order 154
before any other postdated award shall be paid. Any award 155
pursuant to this subsection is specifically not a claim 156
against the state, if it cannot be paid due to a lack of 157
funds in the crime victims' compensation fund. 158
13. When judgment is entered against a defendant as 159
provided in this section and such sum, or any part thereof, 160
remains unpaid, there shall be withheld from any 161
disbursement, payment, benefit, compensation, salary, or 162
other transfer of money from the state of Missouri to such 163
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defendant an amount equal to the unpaid amount of such 164
judgment. Such amount shall be paid forthwith to the crime 165
victims' compensation fund and satisfaction of such judgment 166
shall be entered on the court record. Under no 167
circumstances shall the general revenue fund be used to 168
reimburse court costs or pay for such judgment. The 169
director of the department of corrections shall have the 170
authority to pay into the crime victims' compensation fund 171
from an offender's compensation or account the amount owed 172
by the offender to the crime victims' compensation fund, 173
provided that the offender has failed to pay the amount owed 174
to the fund prior to entering a correctional facility of the 175
department of corrections. 176
14. All interest earned as a result of investing funds 177
in the crime victims' compensation fund shall be paid into 178
the crime victims' compensation fund and not into the 179
general revenue of this state. 180
15. Any person who knowingly makes a fraudulent claim 181
or false statement in connection with any claim hereunder is 182
guilty of a class A misdemeanor. 183
16. The department may receive gifts and contributions 184
for the benefit of crime victims. Such gifts and 185
contributions shall be credited to the crime victims' 186
compensation fund as used solely for compensating victims 187
under the provisions of sections 595.010 to 595.075. 188
650.277. 1. As otherwise provided by sections 650.200 1
to 650.295, the boiler and pressure vessel board shall set 2
fees for inspection, permits, licenses, and certificates 3
required by sections 650.200 to 650.295. Fees shall be 4
determined by the board to provide sufficient funds for the 5
operation of the board and shall be set by rule or 6
regulation promulgated in accordance with the provisions of 7
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section 536.021. The board may alter the fee schedule once 8
every two years. Any funds collected pursuant to sections 9
650.200 to 650.295 shall be deposited in the "Boiler and 10
Pressure Vessels Safety Fund", which is hereby created. 11
Beginning July 1, 2003, moneys in the fund shall be 12
appropriated from the fund for the expenses of the board. A 13
municipality or other political subdivision enforcing the 14
provisions of sections 650.200 to 650.295 and which performs 15
the inspections, permitting, licensing, and certification as 16
required, the fee for such inspection shall be paid directly 17
to the municipality or political subdivision and shall not 18
be preempted by sections 650.200 to 650.295, except that any 19
fee established by the board for the issuance of appropriate 20
state certificates shall be paid to the board. 21
Notwithstanding the provisions of section 33.080 to the 22
contrary, moneys in the boiler and pressure vessels safety 23
fund at the end of any biennium shall not be transferred to 24
the credit of the general revenue fund. 25
2. Any rule or portion of a rule, as that term is 26
defined in section 536.010, that is created under the 27
authority delegated in this section or under the authority 28
of sections 650.210 to 650.275 shall become effective only 29
if it complies with and is subject to all of the provisions 30
of chapter 536 and, if applicable, section 536.028. This 31
section and chapter 536 are nonseverable and if any of the 32
powers vested with the general assembly pursuant to chapter 33
536 to review, to delay the effective date or to disapprove 34
and annul a rule are subsequently held unconstitutional, 35
then the grant of rulemaking authority and any rule proposed 36
or adopted after August 28, 2002, shall be invalid and void. 37
701.377. As otherwise provided by sections 701.350 to 1
701.380, the elevator safety board shall set fees for 2
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inspection, administration, permits, licenses, certificates, 3
and plan review required by the provisions of sections 4
701.350 to 701.380. Fees shall be determined by the elevator 5
safety board to provide sufficient funds for the operation 6
of the board, except that no fee for the certificate shall 7
exceed twenty-five dollars. The elevator safety board may 8
alter the fee schedule once each year. Any funds collected 9
pursuant to sections 701.350 to 701.380 and sections 316.200 10
to 316.237 shall be deposited in the "Elevator Safety Fund" 11
which is hereby created. Moneys shall be appropriated from 12
the fund for the expense and functions of the elevator 13
safety and amusement ride safety boards. [Any unexpended 14
funds in the elevator safety fund at the close of the 15
biennium shall revert to the general revenue as required by 16
section 33.080.] Notwithstanding the provisions of section 17
33.080 to the contrary, moneys in the elevator safety fund 18
at the end of any biennium shall not be transferred to the 19
credit of the general revenue fund. A municipality or other 20
political subdivision enforcing the provisions of sections 21
701.350 to 701.380 under the provisions of subsection 2 of 22
section 701.365 and which performs the plan review, 23
permitting, inspections, and certifications as required, the 24
fee for that inspection shall be paid directly to the 25
municipality or political subdivision and shall not be 26
preempted by sections 701.350 to 701.380, except that any 27
fee established by the elevator safety board for the 28
issuance of appropriate state certificates shall be paid to 29
the elevator safety board. 30
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