Modifies and creates new provisions relating to illegal immigrants

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. 1772
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR BRATTIN.
7498S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 115.158, 115.160, 208.009, 302.735, 537.675, 537.684, 595.010, 595.040, and
595.045, RSMo, and to enact in lieu thereof ten new sections relating to illegal
immigrants, with penalty provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 115.158, 115.160, 208.009, 302.735, 1
537.675, 537.684, 595.010, 595.040, and 595.045, RSMo, are 2
repealed and ten new sections enacted in lieu thereof, to be 3
known as sections 115.158, 115.160, 208.009, 302.733, 302.735, 4
537.675, 537.684, 595.010, 595.040, and 595.045, to read as 5
follows:6
115.158. 1. The secretary of state shall implement a 1
centralized, interactive computerized statewide voter 2
registration list. This computerized list shall be known as 3
the "Missouri Voter Registration System". The system shall 4
be implemented by January 1, 2004, unless a waiver is 5
obtained pursuant to the Help America Vote Act of 2002. If 6
a waiver is obtained, the system shall be implemented by 7
January 1, 2006. The system shall be maintained and 8
administered by the secretary of state and contain the name 9
and registration information of every legally registered 10
voter in Missouri. In addition, the system shall: 11
(1) Assign a unique identifier to each legally 12
registered voter in Missouri; 13
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(2) Serve as the single system for storing and 14
managing the official list of registered voters throughout 15
Missouri; 16
(3) Be coordinated with other agency databases in 17
Missouri; 18
(4) Allow any election official in Missouri, including 19
local election authorities, immediate electronic access to 20
the information contained in the system; 21
(5) Allow all voter registration information obtained 22
by any local election official in Missouri to be 23
electronically entered into the system on an expedited basis 24
at the time the information is provided to the local 25
official. The secretary of state, as the chief state 26
election official, shall provide such support as may be 27
required so that local election officials are able to enter 28
the registration information; and 29
(6) Serve as the official voter registration list for 30
the conduct of all elections in Missouri. 31
2. The secretary of state and local election 32
authorities shall perform system maintenance on a regular 33
basis, which shall include: 34
(1) Removing names in accordance with the provisions 35
and procedures of the National Voter Registration Act of 36
1993 and coordinating system maintenance activities with 37
state agency records on death and felony status; 38
(2) Requiring the name of each registered voter to 39
appear in the system; 40
(3) Removing only voters who are not registered or who 41
are not eligible to vote; and 42
(4) Eliminating duplicate names from the system. 43
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3. The secretary of state shall provide adequate 44
technological security measures to prevent the unauthorized 45
access to the system established pursuant to this section. 46
4. The secretary of state shall develop procedures to 47
ensure that voter registration records within the system are 48
accurate and updated regularly. At a minimum, the 49
procedures shall include: 50
(1) A system of file maintenance that makes a 51
reasonable effort to remove registrants who are ineligible 52
to vote. Consistent with the National Voter Registration 53
Act of 1993, registrants who have not responded to a notice 54
and who have not voted in two consecutive general elections 55
for federal office shall be removed from the official list 56
of eligible voters, except that no registrant may be removed 57
solely by reason of a failure to vote; and 58
(2) Safeguards to ensure that eligible voters are not 59
removed in error. 60
5. Voter registration information shall be verified in 61
accordance with the Help America Vote Act of 2002. 62
(1) Except as provided in subdivision (2) of this 63
subsection, an application for voter registration may not be 64
accepted or processed unless the application includes: 65
(a) In the case of an applicant who has been issued a 66
current and valid driver's license, the applicant's driver's 67
license number; or 68
(b) In the case of any other applicant, other than an 69
applicant to whom subdivision (2) applies, the last four 70
digits of the applicant's Social Security number. 71
(2) If an applicant for voter registration has not 72
been issued a current and valid driver's license or a Social 73
Security number, the applicant shall be assigned a number 74
which will serve to identify the applicant for voter 75
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registration purposes. The number assigned under this 76
subdivision shall be used as the unique identifying number 77
within the system. 78
(3) The secretary of state and the director of the 79
department of revenue shall enter into an agreement to match 80
information in the database of the voter registration system 81
with information in the database of the motor vehicle 82
system, which shall include information pertaining to the 83
citizenship status of those within the department of 84
revenue's database, to enable the secretary to verify the 85
accuracy of information provided on applications for voter 86
registration. 87
(4) The director of the department of revenue shall 88
enter into an agreement with the commissioner of Social 89
Security and comply with the Help America Vote Act of 2002. 90
6. In addition to using the system for voter 91
registration, the election authorities and secretary of 92
state may use the system for the collection and 93
dissemination of election results and other pertinent 94
information. Any information contained in any state or 95
local voter registration system, limited to the master voter 96
registration list or any other list generated from the 97
information, subject to chapter 610, shall not be used for 98
commercial purposes; provided, however, that the information 99
may be used for elections, for candidates, or for ballot 100
measures, furnished at a reasonable fee. Violation of this 101
section shall be a class B misdemeanor. For purposes of 102
this section, "commercial purposes" means the use of a 103
public record for the purpose of sale or resale or for the 104
purpose of producing a document containing all or part of 105
the copy, printout, or photograph for sale or the obtaining 106
of names and addresses from public records for the purpose 107
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of solicitation or the sale of names and addresses to 108
another for the purpose of solicitation or for any purpose 109
in which the purchaser can reasonably anticipate the receipt 110
of monetary gain from the direct or indirect use of the 111
public record. 112
7. The secretary of state shall establish an advisory 113
committee to assist in the establishment and maintenance of 114
the Missouri voter registration system. 115
8. The secretary of state may promulgate rules to 116
execute this section. No rule or portion of a rule 117
promulgated pursuant to the authority of this section shall 118
become effective unless it has been promulgated pursuant to 119
chapter 536. 120
9. Election authorities and any agency required under 121
the National Voter Registration Act of 1993 to accept voter 122
registration applications shall forward registration and 123
other data in a manner prescribed by the secretary of state 124
to assist with administering and maintaining the Missouri 125
voter registration system in accordance with the Help 126
America Vote Act of 2002. 127
115.160. 1. All Missouri driver's license applicants 1
shall receive a voter registration application form as a 2
simultaneous part of the application for a driver's license, 3
renewal of driver's license, change of address, duplicate 4
request and a nondriver's license. 5
2. If a single application form is used, the voter 6
registration application portion of any application 7
described in subsection 1 of this section may not require 8
any information that duplicates information required in the 9
driver's license portion of the form, except a second 10
signature or other information required by law. 11
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3. After conferring with the secretary of state as the 12
chief state election official responsible for overseeing of 13
the voter registration process, the director of revenue 14
shall adopt rules and regulations pertaining to the format 15
of the voter registration application used by the 16
department. The director of revenue shall utilize 17
electronic voter registration application forms and provide 18
for secure electronic transfer of voter registration 19
information to election authorities. The secretary of state 20
and the director of revenue shall ensure the confidentiality 21
and integrity of the voter registration data collected, 22
maintained, received, or transmitted under this section. 23
4. No information relating to the failure of an 24
applicant for a driver's license or nondriver's license to 25
sign a voter registration application may be used for any 26
purpose other than voter registration. 27
5. Any voter registration application received 28
pursuant to the provisions of this section shall be 29
forwarded, in a secure and electronic manner, to the 30
election authority located within that county or any city 31
not within a county, or if there is more than one election 32
authority within the county, then to the election authority 33
located nearest to the location where the driver's license 34
application was received. Voter registration information, 35
including an electronic image of the signature of the 36
applicant, shall be transmitted in a format compatible with 37
the Missouri voter registration system established in 38
section 115.158 which allows for review by the election 39
authority and does not require the election authority to 40
manually reenter the information, provided that the election 41
authority shall print out a paper copy of the information 42
and retain such information in the manner required by 43
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section 115.145. The election authority receiving the 44
application forms shall review the applications and forward, 45
in a secure and electronic manner, any applications 46
pertaining to a different election authority to that 47
election authority. 48
6. A completed voter registration application accepted 49
in the driver's licensing process shall be transmitted to 50
the election authority described in subsection 5 of this 51
section not later than three business days after the form is 52
completed by the applicant. 53
7. Any person registering to vote when applying for or 54
renewing a Missouri driver's license shall submit with the 55
application form a copy of a birth certificate, a Native 56
American tribal document, or other proof of United States 57
citizenship, a valid Missouri driver's license, or other 58
form of personal identification. Any person who, at the 59
time of a transaction with the division of motor vehicle and 60
driver licensing of the department of revenue, provides a 61
document that establishes noncitizenship shall not be 62
offered the opportunity to register to vote as part of the 63
transaction. The division of motor vehicle and driver 64
licensing shall determine whether an applicant for a 65
driver's license has the requisite proof of citizenship 66
needed to register to vote. The division shall only provide 67
an opportunity to register to vote to a customer who 68
provides documentation demonstrating that the individual is 69
a citizen of the United States. 70
208.009. 1. No individual who is not a United States 1
citizen or national of the United States shall be eligible 2
to receive food assistance through the Supplemental 3
Nutrition Assistance Program (SNAP), unless that individual 4
meets the definition of an eligible alien pursuant to 7 5
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U.S.C. 2015(f) and meets the definition of a qualified alien 6
pursuant to 8 U.S.C. 1641(b). 7
2. No individual who is not a United States citizen or 8
national of the United States shall be eligible to receive 9
medical assistance through MO HealthNet, unless that 10
individual meets the definition of an eligible alien 11
pursuant to 42 U.S.C. 1396b(v) and meets the definition of a 12
qualified alien pursuant to 8 U.S.C. 1641(b). 13
3. No alien unlawfully present in the United States 14
shall receive any state or local public benefit, except for 15
state or local public benefits that may be offered under 8 16
U.S.C. 1621(b). Nothing in this section shall be construed 17
to prohibit the rendering of emergency medical care, 18
prenatal care, services offering alternatives to abortion, 19
emergency assistance, or legal assistance to any person. 20
[2.] 4. As used in this section, "public benefit" 21
means any grant, contract, or loan provided by an agency of 22
state or local government; or any retirement, welfare, 23
health, disability, housing, or food assistance benefit 24
under which payments, assistance, credits, or reduced rates 25
or fees are provided. The term "public benefit" shall not 26
include postsecondary education public benefits as defined 27
in section 173.1110, any municipal permit, or contracts or 28
agreements between public utility providers and their 29
customers or unemployment benefits payable under chapter 30
288. The unemployment compensation program shall verify the 31
lawful presence of an alien for the purpose of determining 32
eligibility for benefits in accordance with its own 33
procedures. 34
[3.] 5. In addition to providing proof of other 35
eligibility requirements, at the time of application for any 36
state or local public benefit, an applicant [who is eighteen 37
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years of age or older] shall provide affirmative proof [that 38
the applicant is] they are a United States citizen [or a 39
permanent resident of the United States or is lawfully 40
present in the United States], a United States national, or 41
an alien with eligible immigration status for public 42
benefits. Such affirmative proof shall include documentary 43
evidence recognized by the department of revenue when 44
processing an application for a driver's license, a Missouri 45
driver's license, as well as any document issued by the 46
federal government that confirms an alien's lawful presence 47
in the United States[. In processing applications for 48
public benefits, an employee of an agency of state or local 49
government shall not inquire about the legal status of a 50
custodial parent or guardian applying for a public benefit 51
on behalf of his or her dependent child who is a citizen or 52
permanent resident of the United States] and eligible alien 53
status for public benefits. 54
[4.] 6. An applicant who cannot provide the proof 55
required under this section at the time of application may 56
alternatively sign an affidavit under oath, attesting to 57
either United States citizenship or classification by the 58
United States as an alien lawfully admitted [for permanent 59
residence] that is eligible for public benefits, in order to 60
receive temporary benefits or a temporary identification 61
document as provided in this section. The affidavit shall 62
be on or consistent with forms prepared by the state or 63
local government agency administering the state or local 64
public benefits and shall include the applicant's Social 65
Security number or any applicable federal identification 66
number and an explanation of the penalties under state law 67
for obtaining public assistance benefits fraudulently. 68
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[5.] 7. (1) An applicant who has provided the sworn 69
affidavit required under subsection [4] 6 of this section is 70
eligible to receive temporary public benefits as follows: 71
[(1)] (a) For the minimum period required under 72
federal law, or if no minimum period is established under 73
federal law, for ninety days or until such time that it is 74
determined that the applicant is not lawfully present in the 75
United States or otherwise ineligible for public benefits 76
due to immigration status, whichever is earlier; or 77
[(2)] (b) Indefinitely if the applicant provides a 78
copy of a completed application for a birth certificate that 79
is pending in Missouri or some other state. An extension 80
granted under this subsection shall terminate upon the 81
applicant's receipt of a birth certificate or a 82
determination that a birth certificate does not exist 83
because the applicant is not a United States citizen. 84
(2) Failure to submit acceptable documentation 85
establishing United States citizenship, United States 86
national status, or alien status eligible for such public 87
benefits within the temporary eligibility period shall 88
result in denial or termination of public benefits. 89
(3) No additional period of eligibility for temporary 90
benefits shall be granted to any applicant who has 91
previously been denied public benefits at any time due to a 92
failure to verify United States citizenship, United States 93
national status, or alien status eligible for such public 94
benefits. 95
[6.] 8. An applicant who is an alien shall not receive 96
any state or local public benefit unless the alien's lawful 97
presence in the United States is first verified by the 98
federal government. State and local agencies administering 99
public benefits in this state shall cooperate with the 100
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United States Department of Homeland Security in achieving 101
verification of an alien's lawful presence in the United 102
States in furtherance of this section. The system utilized 103
[may] shall include, but not be limited to, the Systematic 104
Alien Verification for Entitlements Program operated by the 105
United States Department of Homeland Security. [After an 106
applicant's lawful presence in the United States has been 107
verified through the Systematic Alien Verification for 108
Entitlements Program, no additional verification is required 109
within the same agency of the state or local government.] 110
9. A match through any electronic or data verification 111
system shall not, by itself, be accepted as proof of 112
identity. Every applicant for public benefits shall be 113
required to provide documentary proof of United States 114
citizenship, United States national status, or alien status 115
eligible for such public benefits pursuant to subsection 5 116
of this section. 117
[7.] 10. The provisions of this section shall not be 118
construed to require any nonprofit organization duly 119
registered with the Internal Revenue Service to enforce the 120
provisions of this section, nor does it prohibit such an 121
organization from providing aid. 122
[8.] 11. Any agency that administers public benefits 123
shall provide assistance in obtaining appropriate 124
documentation to persons applying for public benefits who 125
sign the affidavit required by subsection [4] 6 of this 126
section stating they are eligible for such benefits but lack 127
the documents required under subsection [3] 5 of this 128
section. 129
12. The MO HealthNet division shall require a field 130
for citizenship or immigration status on all presumptive 131
eligibility applications. The division shall require 132
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hospitals, clinics, and other qualified entities authorized 133
to conduct presumptive eligibility determinations to collect 134
and transmit attestations of citizenship or eligible 135
immigration status to the division. No presumptive 136
eligibility application shall be approved unless the 137
applicant certifies that they are a United States citizen, 138
United States national, or alien with eligible immigration 139
status for MO HealthNet. 140
13. Any agency that administers public benefits shall 141
verify that the applicant or enrollee of that public benefit 142
is a United States citizen, United States national, or an 143
eligible alien for such public benefit through the 144
Systematic Alien Verification for Entitlements Program 145
operated by the United States Department of Homeland 146
Security and any other verification system at the time of 147
application, at each eligibility redetermination, and 148
whenever information is received indicating a change in 149
circumstances affecting eligibility related to citizenship 150
or immigration status. 151
(1) If verification confirms that an applicant or 152
enrollee is not lawfully present in the United States or no 153
longer qualifies pursuant to subsections 1, 2, or 3 of this 154
section, or any successor provision of state and federal 155
law, the agency that administers that public benefit shall 156
immediately terminate future benefits and initiate 157
disenrollment, except as otherwise permitted for temporary 158
benefits under subsection 6 of this section. 159
(2) If any agency that administers public benefits is 160
unable to determine an applicant's or enrollee's lawful 161
presence after a Systematic Alien Verification for 162
Entitlements Program query or other authorized verification, 163
the agency shall immediately suspend approval or 164
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continuation of benefits and refer the case to the United 165
States Department of Homeland Security or other appropriate 166
federal agency for investigation and enforcement action. No 167
public benefits shall be paid or continued unless and until 168
lawful presence is conclusively verified, except as 169
otherwise permitted for temporary benefits under subsection 170
6 of this section. 171
(3) The appropriate agency for referral for an 172
applicant or enrollee for whom they were unable to verify 173
lawful presence shall include, but not be limited to, the 174
United States Department of Agriculture. 175
14. When administering SNAP benefits, the department 176
of social services shall: 177
(1) Consider the entire income and financial resources 178
of any individual rendered ineligible to receive SNAP 179
benefits under subsection 1 of this section when determining 180
the eligibility and benefit allotment of the household of 181
which such individual is a member; and 182
(2) Notwithstanding any options provided under 7 CFR 183
Section 273.11(c)(3), not prorate or exclude the income or 184
financial resources of ineligible individuals under 185
subsection 1 of this section. All such income and resources 186
shall be fully considered. 187
302.733. 1. An operator of a commercial motor vehicle 1
shall be able to read and speak the English language 2
sufficiently to: 3
(1) Converse with the general public; 4
(2) Understand highway traffic signs and signals in 5
the English language; 6
(3) Respond to official inquiries; and 7
(4) Make entries on reports and records. 8
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2. A person commits the offense of operating a 9
commercial motor vehicle without sufficient English language 10
proficiency if he or she: 11
(1) Operates a commercial vehicle; and 12
(2) Fails to demonstrate proficiency in the English 13
language as required under subsection 1 of this section. 14
3. The offense of operating a commercial motor vehicle 15
without sufficient English language proficiency is a class D 16
misdemeanor for a first offense and a class B misdemeanor 17
for a second or subsequent offense. 18
4. A driver found to be in violation of the language 19
proficiency requirements of this section shall be prohibited 20
from operating a commercial motor vehicle within this state 21
until such a time that the driver is able to meet the 22
requirements of subsection 1 of this section. 23
5. Any operator of a commercial motor vehicle found to 24
be in violation of this section shall, in addition to the 25
penalties provided under subsections 3 and 4 of this 26
section, be subject to a fine of one thousand dollars. 27
6. A commercial motor carrier whose driver is found to 28
be in violation of this section shall be subject to a fine 29
of three thousand dollars for each violation. 30
7. A commercial motor carrier shall be notified of the 31
location of any commercial motor vehicle involved in a 32
violation of this section and, upon payment of a fine in 33
full and presentation of a driver who meets all of the 34
requirements to operate a commercial motor vehicle in this 35
state, shall take possession of the vehicle. If the 36
commercial motor carrier is unable to either pay such fine 37
or present such driver within twelve hours after 38
notification, the owner of any cargo being transported by 39
the commercial motor vehicle shall be notified and allowed 40
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to arrange for the transfer of the cargo to another 41
vehicle. Neither the state or the owner of such cargo shall 42
be liable for any reasonable action to transfer such cargo. 43
302.735. 1. An application shall not be taken from a 1
nonresident after September 30, 2005. The application for a 2
commercial driver's license shall include, but not be 3
limited to, the applicant's legal name, mailing and 4
residence address, if different, a physical description of 5
the person, including sex, height, weight and eye color, the 6
person's Social Security number, date of birth and any other 7
information deemed appropriate by the director. The 8
application shall also require, beginning September 30, 9
2005, the applicant to provide the names of all states where 10
the applicant has been previously licensed to drive any type 11
of motor vehicle during the preceding ten years. 12
2. A commercial driver's license shall expire on the 13
applicant's birthday in the sixth year after issuance, 14
unless the license must be issued for a shorter period due 15
to other requirements of law or for transition or staggering 16
of work as determined by the director, and must be renewed 17
on or before the date of expiration. When a person changes 18
such person's name an application for a duplicate license 19
shall be made to the director of revenue. When a person 20
changes such person's mailing address or residence the 21
applicant shall notify the director of revenue of said 22
change, however, no application for a duplicate license is 23
required. A commercial license issued pursuant to this 24
section to an applicant less than twenty-one years of age 25
and seventy years of age and older shall expire on the 26
applicant's birthday in the third year after issuance, 27
unless the license must be issued for a shorter period as 28
determined by the director. 29
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3. A commercial driver's license containing a 30
hazardous materials endorsement issued to an applicant who 31
is between the age of twenty-one and sixty-nine shall not be 32
issued for a period exceeding five years from the approval 33
date of the security threat assessment as determined by the 34
Transportation Security Administration. 35
4. The director shall issue a biennial commercial 36
driver's license containing a school bus endorsement to an 37
applicant who is seventy-five years of age or older. The 38
fee for such license shall be seven dollars and fifty cents. 39
5. A commercial driver's license containing a 40
hazardous materials endorsement issued to an applicant who 41
is seventy years of age or older shall not be issued for a 42
period exceeding three years. The director shall not 43
require such drivers to obtain a security threat assessment 44
more frequently than such assessment is required by the 45
Transportation Security Administration under the Uniting and 46
Strengthening America by Providing Appropriate Tools 47
Required to Intercept and Obstruct Terrorism Act (USA 48
PATRIOT ACT) of 2001. 49
(1) The state shall immediately revoke a hazardous 50
materials endorsement upon receipt of an initial 51
determination of threat assessment and immediate revocation 52
from the Transportation Security Administration as defined 53
by 49 CFR 1572.13(a). 54
(2) The state shall revoke or deny a hazardous 55
materials endorsement within fifteen days of receipt of a 56
final determination of threat assessment from the 57
Transportation Security Administration as required by CFR 58
1572.13(a). 59
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6. The fee for a commercial driver's license or 60
renewal commercial driver's license issued for a period 61
greater than three years shall be forty dollars. 62
7. The fee for a commercial driver's license or 63
renewal commercial driver's license issued for a period of 64
three years or less shall be twenty dollars. 65
8. The fee for a duplicate commercial driver's license 66
shall be twenty dollars. 67
9. In order for the director to properly transition 68
driver's license requirements under the Motor Carrier Safety 69
Improvement Act of 1999 and the Uniting and Strengthening 70
America by Providing Appropriate Tools Required to Intercept 71
and Obstruct Terrorism Act (USA PATRIOT ACT) of 2001, the 72
director is authorized to stagger expiration dates and make 73
adjustments for any fees, including driver examination fees 74
that are incurred by the driver as a result of the initial 75
issuance of a transitional license required to comply with 76
such acts. 77
10. Within thirty days after moving to this state, the 78
holder of a commercial driver's license shall apply for a 79
commercial driver's license in this state. The applicant 80
shall meet all other requirements of sections 302.700 to 81
302.780, except that the director may waive the driving test 82
for a commercial driver's license as required in section 83
302.720 if the applicant for a commercial driver's license 84
has a valid commercial driver's license from a state which 85
has requirements for issuance of such license comparable to 86
those in this state. 87
11. Any person who falsifies any information in an 88
application or test for a commercial driver's license shall 89
not be licensed to operate a commercial motor vehicle, or 90
the person's commercial driver's license shall be cancelled, 91
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for a period of one year after the director discovers such 92
falsification. 93
12. Beginning July 1, 2005, the director shall not 94
issue a commercial driver's license under this section 95
unless the director verifies that the applicant is lawfully 96
present in the United States before accepting the 97
application. If lawful presence is granted for a temporary 98
period, no commercial driver's license shall be issued. The 99
director may, by rule or regulation, establish procedures to 100
verify the lawful presence of the applicant and establish 101
the duration of any commercial driver's license issued under 102
this section. No rule or portion of a rule promulgated 103
pursuant to the authority of this section shall become 104
effective unless it has been promulgated pursuant to chapter 105
536. 106
13. (1) Effective December 19, 2005, notwithstanding 107
any provisions of subsections 1 and 5 of this section to the 108
contrary, the director may issue a nondomiciled commercial 109
driver's license or commercial driver's instruction permit 110
to a resident of a foreign jurisdiction if the United States 111
Secretary of Transportation has determined that the 112
commercial motor vehicle testing and licensing standards in 113
the foreign jurisdiction do not meet the testing standards 114
established in 49 CFR 383. 115
(2) Any applicant for a nondomiciled commercial 116
driver's license or commercial driver's instruction permit 117
must present evidence satisfactory to the director that the 118
applicant currently has employment with an employer in this 119
state. The nondomiciled applicant must meet the same 120
testing, driver record requirements, conditions, and is 121
subject to the same disqualification and conviction 122
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reporting requirements applicable to resident commercial 123
drivers. 124
(3) The nondomiciled commercial driver's license will 125
expire on the same date that the documents establishing 126
lawful presence for employment expire. The word 127
"nondomiciled" shall appear on the face of the nondomiciled 128
commercial driver's license. Any applicant for a Missouri 129
nondomiciled commercial driver's license or commercial 130
driver's instruction permit must first surrender any 131
nondomiciled commercial driver's license issued by another 132
state. 133
(4) The nondomiciled commercial driver's license 134
applicant must pay the same fees as required for the 135
issuance of a resident commercial driver's license or 136
commercial driver's instruction permit. 137
(5) A person holding a nondomiciled commercial 138
driver's license or commercial driver's instruction permit 139
within this state shall also possess a valid work visa and 140
provide proof of citizenship to validate his or her identity 141
while operating a commercial motor vehicle. Proof of 142
citizenship shall be demonstrated through presentation of a 143
birth certificate, naturalization certificate, or valid 144
passport. 145
(6) A commercial motor carrier whose driver is found 146
to be in violation of subdivision (5) of this subsection 147
shall be subject to a fine in the amount of three thousand 148
dollars for each violation. 149
(7) A driver found to be in violation of subdivision 150
(5) of this subsection shall be prohibited from operating a 151
commercial motor vehicle within this state until such a time 152
that the driver is able to meet the requirements of such 153
subdivision. Any driver found to be operating a motor 154
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vehicle within this state while under such prohibition shall 155
be guilty of a class B misdemeanor and upon conviction shall 156
be subject to a fine not to exceed one thousand dollars or 157
by imprisonment for not more than ninety days, or by both 158
such fine and imprisonment. 159
(8) The commercial motor carrier shall be notified of 160
the location of any commercial motor vehicle involved in a 161
violation of subdivision (5) of this subsection and, upon 162
payment of the fine in full and presentation of a driver who 163
meets all requirements to operate a commercial motor vehicle 164
within this state, shall take possession of the vehicle. If 165
the commercial motor carrier is unable to either pay such 166
fine or present such driver within twelve hours after 167
notification, the owner of any cargo being transported by 168
the commercial motor vehicle shall be notified and allowed 169
to arrange for the transfer of the cargo to another 170
vehicle. Neither the state or the owner of such cargo shall 171
be liable for any reasonable action to transfer such cargo. 172
14. Foreign jurisdiction for purposes of issuing a 173
nondomiciled commercial driver's license or commercial 174
driver's instruction permit under this section shall not 175
include any of the fifty states of the United States or 176
Canada or Mexico. 177
537.675. 1. As used in sections 537.675 through 1
537.693, the following terms mean: 2
(1) "Annual claims", that period of time commencing on 3
the first day of January of every year after December 31, 4
2002, and ending on the last day of that calendar year; 5
(2) "Commission", the labor and industrial relations 6
commission; 7
(3) "Division", the division of workers' compensation; 8
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(4) "Punitive damage final judgment", an award for 9
punitive damages excluding interest that is no longer 10
subject to review by courts of this state or of the United 11
States; 12
(5) "Uncompensated tort victim", a person who: 13
(a) Is a party in a personal injury or wrongful death 14
lawsuit; or is a tort victim whose claim against the tort- 15
feasor has been settled for the policy limits of insurance 16
covering the liability of such tort-feasor and such policy 17
limits are inadequate in light of the nature and extent of 18
damages due to the personal injury or wrongful death; 19
(b) Unless described in paragraph (a) of this 20
subdivision: 21
a. Has obtained a final monetary judgment in that 22
lawsuit described in paragraph (a) of this subdivision 23
against a tort-feasor for personal injuries, or wrongful 24
death in a case in which all appeals are final; 25
b. Has exercised due diligence in enforcing the 26
judgment; and 27
c. Has not collected the full amount of the judgment; 28
(c) Is not a corporation, company, partnership or 29
other incorporated or unincorporated commercial entity; 30
(d) Is not any entity claiming a right of subrogation; 31
(e) Was not on house arrest and was not confined in 32
any federal, state, regional, county or municipal jail, 33
prison or other correctional facility at the time he or she 34
sustained injury from the tort-feasor; 35
(f) Has not pleaded guilty to or been found guilty of 36
two or more felonies, where such two or more felonies 37
occurred within ten years of the occurrence of the tort in 38
question, and where either of such felonies involved a 39
controlled substance or an act of violence; [and] 40
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(g) Is a resident of the state of Missouri or 41
sustained personal injury or death by a tort which occurred 42
in the state of Missouri; and 43
(h) Is a citizen of the United States, or is a lawful 44
permanent resident, or lawfully holds a valid visa issued by 45
the United States Department of State at the time of the 46
claim for dispensation. 47
2. There is created the "Tort Victims' Compensation 48
Fund". Unexpended moneys in the fund shall not lapse at the 49
end of the biennium as provided in section 33.080. 50
3. Any party receiving a judgment final for purposes 51
of appeal for punitive damages in any case filed in any 52
division of any circuit court of the state of Missouri shall 53
notify the attorney general of the state of Missouri of such 54
award, except for actions claiming improper health care 55
pursuant to chapter 538. The state of Missouri shall have a 56
lien for deposit into the tort victims' compensation fund to 57
the extent of fifty percent of the punitive damage final 58
judgment which shall attach in any such case after deducting 59
attorney's fees and expenses. In each case, the attorney 60
general shall serve a lien notice by certified mail or 61
registered mail upon the party or parties against whom the 62
state has a claim for collection of its share of a punitive 63
damage final judgment. On a petition filed by the state, 64
the court, on written notice to all interested parties, 65
shall adjudicate the rights of the parties and enforce the 66
lien. The lien shall not be satisfied out of any recovery 67
until the attorney's claim for fees and expenses is paid. 68
The state can file its lien in all cases where punitive 69
damages are awarded upon the entry of the judgment final for 70
purposes of appeal. The state cannot enforce its lien until 71
there is a punitive damage final judgment. Cases resolved 72
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by arbitration, mediation or compromise settlement prior to 73
a punitive damage final judgment are exempt from the 74
provisions of this section. Nothing in this section shall 75
hinder or in any way affect the right or ability of the 76
parties to any claim or lawsuit to compromise or settle such 77
claim or litigation on any terms and at any time the parties 78
desire. 79
4. The state of Missouri shall have no interest in or 80
right to intervene at any stage of any judicial proceeding 81
pursuant to this section, except to enforce its lien rights 82
as provided in subsection 3 of this section. 83
5. Twenty-six percent of all payments deposited into 84
the tort victims' compensation fund and all interest 85
accruing on the principal regardless of source or 86
designation shall be transferred to the basic civil legal 87
services fund established in section 477.650. Moneys in the 88
tort victims' compensation fund shall not be used to pay any 89
portion of a refund mandated by Article X, Section 18 of the 90
Constitution. 91
6. The department of labor and industrial relations 92
shall verify compliance with the eligibility requirements of 93
any claimant under this section prior to authorizing payment 94
from the tort victims' compensation fund, and shall deny any 95
claim that fails to meet such requirements. 96
537.684. 1. A claim for compensation may be filed by 1
a person eligible for compensation or, if the person is an 2
incapacitated or disabled person, or a minor, by the 3
person's spouse, parent, conservator or guardian. 4
2. A claim shall be filed not later than two years 5
after the judgment upon which it is based becomes final and 6
all appeals are final. If there is no judgment, claims must 7
be filed within time limits prescribed pursuant to section 8
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516.120, except for cases resulting in death, in which case 9
claims must be filed within time limits prescribed pursuant 10
to section 537.100. 11
3. Each claim shall be filed in person or by mail. 12
The division shall investigate such claim prior to the 13
opening of formal proceedings. The director of the division 14
shall assign an administrative law judge, associate 15
administrative law judge or legal advisor within the 16
division to hear any claim for compensation filed. The 17
claimant shall be notified of the date and time of any 18
hearing on the claim. In determining the amount of 19
compensation for which a claimant is eligible, the division 20
shall: 21
(1) Consider the facts stated on the application filed 22
pursuant to section 537.678; 23
(2) Obtain a copy of the final judgment, if any, from 24
the appropriate court; 25
(3) Determine the amount of the loss to the claimant, 26
or the victim's survivors or dependents; and 27
(4) If there is no final judgment, determine the 28
degree or extent to which the victim's acts or conduct 29
provoked, incited or contributed to the injuries or death of 30
the victim. 31
4. The claimant may present evidence and testimony on 32
his or her own behalf or may retain counsel. The 33
administrative law judge may, as part of any award entered 34
under sections 537.675 to 537.693, determine and allow 35
reasonable attorney's fees, which shall not exceed fifteen 36
percent of the amount awarded as compensation under sections 37
537.675 to 537.693, which fee shall be paid out of, but not 38
in addition to, the amount of compensation, to the attorney 39
representing the claimant. No attorney for a claimant shall 40
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ask for, contract for, or receive any larger sum than the 41
amount so allowed. 42
5. Prior to any hearing, the person filing a claim 43
shall submit reports, if available, from all hospitals, 44
physicians or surgeons who treated or examined the victim 45
for the injury for which compensation is sought. If, in the 46
opinion of the division, an examination of the injured 47
victim or a report on the cause of death of the victim would 48
be of material aid, the division may appoint a duly 49
qualified, impartial physician to make an examination and 50
report. A finding of the judge or jury in the underlying 51
case shall be considered as evidence. 52
6. Each and every payment shall be exempt from 53
attachment, garnishment or any other remedy available to 54
creditors for the collection of a debt, provided however, 55
this section shall not in any way affect the right of any 56
attorney who represents or represented any claimant to 57
collect any fee or expenses to which he or she is entitled, 58
provided that attorney's fees awarded from the filing and 59
adjudication of the claim are determined to be just and 60
reasonable by the hearing officer and are not to exceed 61
fifteen percent of the applicant's payment from the tort 62
victims' compensation fund. 63
7. Payments of compensation shall not be made directly 64
to any person legally incompetent to receive them but shall 65
be made to the parent, guardian or conservator for the 66
benefit of such minor, disabled or incapacitated person. 67
8. For payment of all claims from the fund, the 68
division shall determine the aggregate amount of all awards 69
made on those claims filed during an annual claims period. 70
Such determination shall be made on or before the thirtieth 71
day of June in the next succeeding year. If the aggregate 72
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value of the awards does not exceed the total amount of 73
money in the fund, then the awards shall be paid in full on 74
or before the thirtieth day of September in the next 75
succeeding year. If the aggregate value of the awards does 76
exceed the total amount of money in the fund, then the 77
awards shall be paid on a pro rata basis on or before the 78
thirtieth day of September in the next succeeding year. 79
9. If there are no funds available, then no claim 80
shall be paid until funds have accumulated in the tort 81
victims' compensation fund and have been appropriated to the 82
division for payment to uncompensated tort victims. When 83
sufficient funds become available for payment of claims of 84
uncompensated tort victims, awards that have been determined 85
but have not been paid shall be paid in chronological order 86
with the oldest paid first, based upon the date on which the 87
application was filed with the division. Any award pursuant 88
to this subsection that cannot be paid due to a lack of 89
funds appropriated for payment of claims of uncompensated 90
tort victims shall not constitute a claim against the state. 91
10. In the event there are no funds available for 92
payment of claims, then the division may suspend all action 93
related to valuing claims and granting awards until such 94
time as funds in excess of one hundred thousand dollars have 95
accumulated in the tort victims' compensation fund, at which 96
time the division shall resume its claim processing duties. 97
595.010. 1. As used in sections 595.010 to 595.075, 1
unless the context requires otherwise, the following terms 2
shall mean: 3
(1) "Child", a dependent, unmarried person who is 4
under eighteen years of age and includes a posthumous child, 5
stepchild, or an adopted child; 6
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(2) "Claimant", a victim or a dependent, relative, 7
survivor, or member of the family, of a victim eligible for 8
compensation pursuant to sections 595.010 to 595.075; 9
(3) "Conservator", a person or corporation appointed 10
by a court to have the care and custody of the estate of a 11
minor or a disabled person, including a limited conservator; 12
(4) "Counseling", problem-solving and support 13
concerning emotional issues that result from criminal 14
victimization licensed pursuant to section 595.030. 15
Counseling is a confidential service provided either on an 16
individual basis or in a group. Counseling has as a primary 17
purpose to enhance, protect and restore a person's sense of 18
well-being and social functioning after victimization. 19
Counseling does not include victim advocacy services such as 20
crisis telephone counseling, attendance at medical 21
procedures, law enforcement interviews or criminal justice 22
proceedings; 23
(5) "Crime", an act committed in this state which, 24
regardless of whether it is adjudicated, involves the 25
application of force or violence or the threat of force or 26
violence by the offender upon the victim but shall include 27
the crime of driving while intoxicated, vehicular 28
manslaughter and hit and run; and provided, further, that no 29
act involving the operation of a motor vehicle except 30
driving while intoxicated, vehicular manslaughter and hit 31
and run which results in injury to another shall constitute 32
a crime for the purpose of sections 595.010 to 595.075, 33
unless such injury was intentionally inflicted through the 34
use of a motor vehicle. A crime shall also include an act 35
of terrorism, as defined in 18 U.S.C. Section 2331, which 36
has been committed outside of the United States against a 37
resident of Missouri; 38
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(6) "Crisis intervention counseling", helping to 39
reduce psychological trauma where victimization occurs; 40
(7) "Department", the department of public safety; 41
(8) "Dependent", mother, father, spouse, spouse's 42
mother, spouse's father, child, grandchild, adopted child, 43
illegitimate child, niece or nephew, who is wholly or 44
partially dependent for support upon, and living with, but 45
shall include children entitled to child support but not 46
living with, the victim at the time of his injury or death 47
due to a crime alleged in a claim pursuant to sections 48
595.010 to 595.075; 49
(9) "Direct service", providing physical services to a 50
victim of crime including, but not limited to, 51
transportation, funeral arrangements, child care, emergency 52
food, clothing, shelter, notification and information; 53
(10) "Director", the director of public safety of this 54
state or a person designated by him for the purposes of 55
sections 595.010 to 595.075; 56
(11) "Disabled person", one who is unable by reason of 57
any physical or mental condition to receive and evaluate 58
information or to communicate decisions to such an extent 59
that the person lacks ability to manage his financial 60
resources, including a partially disabled person who lacks 61
the ability, in part, to manage his financial resources; 62
(12) ["Emergency service", those services provided to 63
alleviate the immediate effects of the criminal act or 64
offense, and may include cash grants of not more than one 65
hundred dollars; 66
(13)] "Earnings", net income or net wages; 67
(13) "Eligible injured victim", a person who, at the 68
time of application for compensation from the crime victims' 69
compensation fund, is: 70
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(a) A citizen of the United States, a lawful permanent 71
resident, or a person lawfully present in the United States 72
under a valid visa issued by the United States Department of 73
State; and 74
(b) Killed or suffers personal physical injury in this 75
state as a result of: 76
a. The commission or attempted commission of any crime 77
by another person; 78
b. A good-faith attempt to assist a person against 79
whom a crime is being committed or attempted; or 80
c. Assisting a law enforcement officer in the 81
apprehension of a person the officer has reason to believe 82
has committed or attempted to commit a crime; 83
(14) "Emergency service", those services provided to 84
alleviate the immediate effects of the criminal act or 85
offense, and may include cash grants of not more than one 86
hundred dollars; 87
[(14)] (15) "Family", the spouse, parent, grandparent, 88
stepmother, stepfather, child, grandchild, brother, sister, 89
half brother, half sister, adopted children of parent, or 90
spouse's parents; 91
[(15)] (16) "Funeral expenses", the expenses of the 92
funeral, burial, cremation or other chosen method of 93
interment, including plot or tomb and other necessary 94
incidents to the disposition of the remains; 95
[(16)] (17) "Gainful employment", engaging on a 96
regular and continuous basis, up to the date of the incident 97
upon which the claim is based, in a lawful activity from 98
which a person derives a livelihood; 99
[(17)] (18) "Guardian", one appointed by a court to 100
have the care and custody of the person of a minor or of an 101
incapacitated person, including a limited guardian; 102
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[(18)] (19) "Hit and run", the crime of leaving the 103
scene of a motor vehicle accident as defined in section 104
577.060; 105
[(19)] (20) "Incapacitated person", one who is unable 106
by reason of any physical or mental condition to receive and 107
evaluate information or to communicate decisions to such an 108
extent that he lacks capacity to meet essential requirements 109
for food, clothing, shelter, safety or other care such that 110
serious physical injury, illness, or disease is likely to 111
occur, including a partially incapacitated person who lacks 112
the capacity to meet, in part, such essential requirements; 113
[(20)] (21) "Injured victim", a person: 114
(a) Killed or receiving a personal physical injury in 115
this state as a result of another person's commission of or 116
attempt to commit any crime; 117
(b) Killed or receiving a personal physical injury in 118
this state while in a good faith attempt to assist a person 119
against whom a crime is being perpetrated or attempted; 120
(c) Killed or receiving a personal physical injury in 121
this state while assisting a law enforcement officer in the 122
apprehension of a person who the officer has reason to 123
believe has perpetrated or attempted a crime; 124
[(21)] (22) "Law enforcement official", a sheriff and 125
his regular deputies, municipal police officer or member of 126
the Missouri state highway patrol and such other persons as 127
may be designated by law as peace officers; 128
[(22)] (23) "Offender", a person who commits a crime; 129
[(23)] (24) "Personal injury", physical, emotional, or 130
mental harm or trauma resulting from the crime upon which 131
the claim is based; 132
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[(24)] (25) "Private agency", a not-for-profit 133
corporation, in good standing in this state, which provides 134
services to victims of crime and their dependents; 135
[(25)] (26) "Public agency", a part of any local or 136
state government organization which provides services to 137
victims of crime; 138
[(26)] (27) "Relative", the spouse of the victim or a 139
person related to the victim within the third degree of 140
consanguinity or affinity as calculated according to civil 141
law; 142
[(27)] (28) "Survivor", the spouse, parent, legal 143
guardian, grandparent, sibling or child of the deceased 144
victim of the victim's household at the time of the crime; 145
[(28)] (29) "Victim", a person who suffers personal 146
injury or death as a direct result of a crime, as defined in 147
subdivision (5) of this subsection; 148
[(29)] (30) "Victim advocacy", assisting the victim of 149
a crime and his dependents to acquire services from existing 150
community resources. 151
2. As used in sections 595.010 to 595.075, the term 152
"alcohol-related traffic offense" means those offenses 153
defined by sections 577.001, 577.010, and 577.012, and any 154
county or municipal ordinance which prohibits operation of a 155
motor vehicle while under the influence of alcohol. 156
595.040. 1. Acceptance of any compensation under 1
sections 595.010 to 595.075 shall subrogate this state, to 2
the extent of such compensation paid, to any right or right 3
of action accruing to the claimant or to the victim to 4
recover payments on account of losses resulting from the 5
crime with respect to which the compensation has been paid. 6
The attorney general may enforce the subrogation, and he 7
shall bring suit to recover from any person to whom 8
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compensation is paid, to the extent of the compensation 9
actually paid under sections 595.010 to 595.075, any amount 10
received by the claimant from any source exceeding the 11
actual loss to the victim. 12
2. The department shall have a lien on any 13
compensation received by the claimant, in addition to 14
compensation received under provisions of sections 595.010 15
to 595.075, for injuries or death resulting from the 16
incident upon which the claim is based. The claimant shall 17
retain, as trustee for the department, so much of the 18
recovered funds as necessary to reimburse the Missouri crime 19
victims' compensation fund to the extent that compensation 20
was awarded to the claimant from that fund. 21
3. If a claimant initiates any legal proceeding to 22
recover restitution or damages related to the crime upon 23
which the claim is based, or if the claimant enters into 24
negotiations to receive any proceeds in settlement of a 25
claim for restitution or damages related to the crime, the 26
claimant shall give the department written notice within 27
fifteen days of the filing of the action or entering into 28
negotiations. The department may intervene in the 29
proceeding of a complainant to recover the compensation 30
awarded. If a claimant fails to give such written notice to 31
the department within the stated time period, or prior to 32
any attempt by claimant to reach a negotiated settlement of 33
claims for recovery of damages related to the crime upon 34
which the claim is based, the department's right of 35
subrogation to receive or recover funds from claimant, to 36
the extent that compensation was awarded by the department, 37
shall not be reduced in any amount or percentage by the 38
costs incurred by claimant attributable to such legal 39
proceedings or settlement, including, but not limited to, 40
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attorney's fees, investigative cost or cost of court. If 41
such notice is given, [attorney] attorney's fees may be 42
awarded in an amount not to exceed [fifteen] ten percent of 43
the amount subrogated to the department. 44
4. Whenever compensation is awarded to a claimant who 45
is entitled to restitution from a criminal defendant, the 46
department may initiate restitution hearings in such 47
criminal proceedings or intervene in the same. The 48
department shall be entitled to receive restitution in such 49
proceedings to the extent compensation was awarded; 50
provided, however, the department shall be exempt from the 51
payment of any fees or other charges for the recording of 52
restitution orders in the offices of the judges of probate. 53
The claimant shall notify this department when restitution 54
is ordered. Failure to notify the department will result in 55
possible forfeiture of any amount already received from the 56
department. 57
5. Whenever the department shall deem it necessary to 58
protect, maintain or enforce the department's right to 59
subrogation or to exercise any of its powers or to carry out 60
any of its duties or responsibilities, the attorney general 61
may initiate legal proceedings or intervene in legal 62
proceedings as the department's legal representative. 63
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
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
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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 proceeding. 34
4. The remaining funds collected under subsection 1 of 35
this section shall be denoted to the payment of an annual 36
appropriation for the administrative and operational costs 37
of the office for victims of crime and, if a statewide 38
automated crime victim notification system is established 39
pursuant to section 650.310, to the monthly payment of 40
expenditures actually incurred in the operation of such 41
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system. Additional remaining funds shall be subject to the 42
following provisions: 43
(1) On the first of every month, the director of 44
revenue or the director's designee shall determine the 45
balance of the funds in the crime victims' compensation fund 46
available to satisfy the amount of compensation payable 47
pursuant to sections 595.010 to 595.075, excluding sections 48
595.050 and 595.055; 49
(2) [Beginning on September 1, 2004, and] On the first 50
of each month, the director of revenue or the director's 51
designee shall deposit fifty percent of the balance of funds 52
available to the credit of the crime victims' compensation 53
fund and fifty percent to the services to victims' fund 54
established in section 595.100. 55
5. The director of revenue or such director's designee 56
shall at least monthly report the moneys paid pursuant to 57
this section into the crime victims' compensation fund and 58
the services to victims fund to the department of public 59
safety. 60
6. The moneys collected by clerks of municipal courts 61
pursuant to subsection 1 of this section shall be collected 62
and disbursed as provided by sections 488.010 to 488.020. 63
Five percent of such moneys shall be payable to the city 64
treasury of the city from which such funds were collected. 65
The remaining ninety-five percent of such moneys shall be 66
payable to the director of revenue. The funds received by 67
the director of revenue pursuant to this subsection shall be 68
distributed as follows: 69
(1) On the first of every month, the director of 70
revenue or the director's designee shall determine the 71
balance of the funds in the crime victims' compensation fund 72
available to satisfy the amount of compensation payable 73
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pursuant to sections 595.010 to 595.075, excluding sections 74
595.050 and 595.055; 75
(2) [Beginning on September 1, 2004, and] On the first 76
of each month the director of revenue or the director's 77
designee shall deposit fifty percent of the balance of funds 78
available to the credit of the crime victims' compensation 79
fund and fifty percent to the services to victims' fund 80
established in section 595.100. 81
7. These funds shall be subject to a biennial audit by 82
the Missouri state auditor. Such audit shall include all 83
records associated with crime victims' compensation funds 84
collected, held or disbursed by any state agency. 85
8. In addition to the moneys collected pursuant to 86
subsection 1 of this section, the court shall enter a 87
judgment in favor of the state of Missouri, payable to the 88
crime victims' compensation fund, of sixty-eight dollars 89
upon a plea of guilty or a finding of guilt for a class A or 90
B felony; forty-six dollars upon a plea of guilty or finding 91
of guilt for a class C, D, or E felony; and ten dollars upon 92
a plea of guilty or a finding of guilt for any misdemeanor 93
under Missouri law except for those in chapter 252 relating 94
to fish and game, chapter 302 relating to drivers' and 95
commercial drivers' license, chapter 303 relating to motor 96
vehicle financial responsibility, chapter 304 relating to 97
traffic regulations, chapter 306 relating to watercraft 98
regulation and licensing, and chapter 307 relating to 99
vehicle equipment regulations. Any clerk of the court 100
receiving moneys pursuant to such judgments shall collect 101
and disburse such crime victims' compensation judgments in 102
the manner provided by sections 488.010 to 488.020. Such 103
funds shall be payable to the state treasury and deposited 104
to the credit of the crime victims' compensation fund. 105
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9. The clerk of the court processing such funds shall 106
maintain records of all dispositions described in subsection 107
1 of this section and all dispositions where a judgment has 108
been entered against a defendant in favor of the state of 109
Missouri in accordance with this section; all payments made 110
on judgments for alcohol-related traffic offenses; and any 111
judgment or portion of a judgment entered but not 112
collected. These records shall be subject to audit by the 113
state auditor. The clerk of each court transmitting such 114
funds shall report separately the amount of dollars 115
collected on judgments entered for alcohol-related traffic 116
offenses from other crime victims' compensation collections 117
or services to victims collections. 118
10. The department of revenue shall maintain records 119
of funds transmitted to the crime victims' compensation fund 120
by each reporting court and collections pursuant to 121
subsection 16 of this section and shall maintain separate 122
records of collection for alcohol-related offenses. 123
11. The state courts administrator shall include in 124
the annual report required by section 476.350 the circuit 125
court caseloads and the number of crime victims' 126
compensation judgments entered. 127
12. All awards made to eligible injured victims under 128
sections 595.010 to 595.105 and all appropriations for 129
administration of sections 595.010 to 595.105, except 130
sections 595.050 and 595.055, shall be made from the crime 131
victims' compensation fund. Any unexpended balance 132
remaining in the crime victims' compensation fund at the end 133
of each biennium shall not be subject to the provision of 134
section 33.080 requiring the transfer of such unexpended 135
balance to the ordinary revenue fund of the state, but shall 136
remain in the crime victims' compensation fund. In the 137
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event that there are insufficient funds in the crime 138
victims' compensation fund to pay all claims in full, all 139
claims shall be paid on a pro rata basis. If there are no 140
funds in the crime victims' compensation fund, then no claim 141
shall be paid until funds have again accumulated in the 142
crime victims' compensation fund. When sufficient funds 143
become available from the fund, awards which have not been 144
paid shall be paid in chronological order with the oldest 145
paid first. In the event an award was to be paid in 146
installments and some remaining installments have not been 147
paid due to a lack of funds, then when funds do become 148
available that award shall be paid in full. All such awards 149
on which installments remain due shall be paid in full in 150
chronological order before any other postdated award shall 151
be paid. Any award pursuant to this subsection is 152
specifically not a claim against the state, if it cannot be 153
paid due to a lack of funds in the crime victims' 154
compensation fund. 155
13. When judgment is entered against a defendant as 156
provided in this section and such sum, or any part thereof, 157
remains unpaid, there shall be withheld from any 158
disbursement, payment, benefit, compensation, salary, or 159
other transfer of money from the state of Missouri to such 160
defendant an amount equal to the unpaid amount of such 161
judgment. Such amount shall be paid forthwith to the crime 162
victims' compensation fund and satisfaction of such judgment 163
shall be entered on the court record. Under no 164
circumstances shall the general revenue fund be used to 165
reimburse court costs or pay for such judgment. The 166
director of the department of corrections shall have the 167
authority to pay into the crime victims' compensation fund 168
from an offender's compensation or account the amount owed 169
SB 1772 39
by the offender to the crime victims' compensation fund, 170
provided that the offender has failed to pay the amount owed 171
to the fund prior to entering a correctional facility of the 172
department of corrections. 173
14. All interest earned as a result of investing funds 174
in the crime victims' compensation fund shall be paid into 175
the crime victims' compensation fund and not into the 176
general revenue of this state. 177
15. Any person who knowingly makes a fraudulent claim 178
or false statement in connection with any claim hereunder is 179
guilty of a class A misdemeanor. 180
16. The department may receive gifts and contributions 181
for the benefit of crime victims. Such gifts and 182
contributions shall be credited to the crime victims' 183
compensation fund as used solely for compensating victims 184
under the provisions of sections 595.010 to 595.075. 185
17. The department of public safety shall verify 186
compliance with the eligibility requirements of any claimant 187
purporting to be an eligible injured victim under this 188
section prior to authorizing payment from the crime victims' 189
compensation fund, and shall deny any claim that fails to 190
meet such requirements. 191
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