Read 1st time January 6, 2000, and 1000 copies ordered printed.
ANNE C. WALKER, Chief Clerk
AN ACT
To transfer or enact two hundred sixty-four sections in compliance with the directives of senate bill no. 869 of the second regular session of the eighty-eighth general assembly, 1996.
Section A. The following two hundred sixty-four sections are transferred or enacted, to be known as sections 488.024, 488.027, 488.029, 488.031, 488.032, 488.035, 488.040, 488.045, 488.048, 488.050, 488.053, 488.057, 488.061, 488.063, 488.064, 488.067, 488.068, 488.070, 488.073, 488.340, 488.343, 488.346, 488.350, 488.353, 488.356, 488.360, 488.363, 488.366, 488.369, 488.372, 488.375, 488.378, 488.381, 488.384, 488.387, 488.390, 488.393, 488.396, 488.399, 488.402, 488.405, 488.408, 488.411, 488.414, 488.417, 488.420, 488.423, 488.426, 488.429, 488.432, 488.435, 488.437, 488.439, 488.442, 488.445, 488.447, 488.449, 488.451, 488.453, 488.457, 488.460, 488.462, 488.464, 488.465, 488.466, 488.467, 488.468, 488.470, 488.472, 488.473, 488.474, 488.475, 488.476, 488.477, 488.478, 488.479, 488.481, 488.483, 488.607, 43.545, 488.612, 488.615, 488.618, 488.625, 488.627, 488.629, 488.631, 488.632, 488.633, 488.635, 488.1007, 488.1009, 488.1011, 488.1014, 488.2207, 488.2209, 488.2212, 488.2215, 488.2225, 488.2226, 488.2250, 488.2253, 488.2255, 488.2275, 488.2300, 488.2340, 488.3000, 488.3005, 488.3007, 488.3010, 488.3013, 488.3017, 488.3023, 488.3027, 488.3029, 488.3031, 488.3032, 488.3034, 488.3035, 488.3036, 488.3038, 488.3039, 488.4000, 488.4003, 488.4005, 488.4006, 488.4009, 488.4014, 488.4020, 488.4037, 488.5010, 488.5017, 488.5020, 488.5030, 488.5040, 488.5050, 488.5060, 488.5070, 488.5080, 488.5090, 488.5110, 488.5120, 488.5130, 488.5140, 488.5150, 488.5160, 488.5170, 488.5180, 488.5190, 488.5200, 488.5210, 488.5220, 488.5230, 488.5240, 488.5260, 488.5270, 488.5280, 488.5290, 488.5300, 488.5310, 488.5320, 488.5323, 488.5325, 488.5327, 488.5332, 488.5334, 488.5336, 488.5339, 488.5342, 488.5345, 488.5347, 488.5349, 488.5352, 488.5355, 488.5356, 488.5358, 488.6500, 488.6525, 488.6540, 488.6543, 488.6545, 488.6547, 488.6549, 488.6551, 488.6553, 488.6555, 488.6557, 488.6561, 488.6564, 488.6567, 488.6569, 488.6572, 488.6575, 488.6578, 488.6580, 488.6583, 488.6585, 488.6587, 488.6589, 488.6591, 488.6593, 488.6595, 488.6597, 488.6599, 488.6601, 488.6604, 488.6607, 488.6609, 488.6612, 488.6614, 488.6616, 488.6618, 488.6620, 488.6623, 488.6625, 488.6628, 488.6629, 488.6630, 488.6632, 488.6634, 488.6635, 488.6637, 488.6639, 488.6642, 488.6645, 488.6647, 488.6649, 488.6652, 488.6654, 488.6655, 488.6656, 488.6657, 488.6658, 488.6659, 488.6661, 488.6662, 488.6663, 488.6664, 488.6666, 488.6667, 488.6669, 488.6671, 488.6672, 488.6673, 488.6675, 488.6676, 488.6677, 488.6678, 488.6679, 488.6680, 488.6682, 488.6684, 488.6688, 488.6689, 488.6694, 488.6695, 488.6696, 488.6697, 488.6698, 488.7000, 488.7005, 488.7010, 488.7014 and 488.7019, to read as follows:
488.024. As provided by section 57.955, RSMo, there shall be assessed and collected a surcharge of three dollars in all civil actions filed in the courts of this state and in all criminal cases including violation of any county ordinance or any violation of criminal or traffic laws of this state, including infractions, but no such surcharge shall be assessed when the costs are waived or are to be paid by the state, county or municipality or when a criminal proceeding or the defendant has been dismissed by the court. For purposes of this section, the term "county ordinance" shall not include any ordinance of the City of St. Louis. The clerk responsible for collecting court costs in civil and criminal cases shall collect and disburse such amounts as provided by sections 488.010 to 488.020. Such funds shall be payable to the sheriffs' retirement fund.
EXPLANATION: This section was enacted and printed in chapter 488, RSMo, from section 57.955, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
[476.053.] 488.027. 1. In addition to all other court costs provided by law, in all civil cases filed in the circuit courts of this state and in all criminal cases including violations of any municipal or county ordinance heard by an associate circuit judge or any violation of criminal or traffic laws of this state, including an infraction, a fee in an amount determined pursuant to sections 488.015 to 488.020[, RSMo,] shall be assessed as costs, except that, no such fee shall be collected in any proceeding involving a violation of an ordinance or state law when a criminal proceeding or defendant has been dismissed by the court or when costs are waived or are to be paid by the state, county[,] or municipality.
2. The moneys collected by clerks of the courts pursuant to the provisions of this section shall be collected and disbursed as provided by sections 488.010 to 488.020[, RSMo]. All such moneys shall be payable to the director of revenue, who shall deposit all amounts collected pursuant to this section to the credit of the statewide court automation fund which is established in section 476.055, RSMo.
3. The assessment of court costs authorized by this section shall apply to all cases filed on or after September 1, 1994.
EXPLANATION: This section is transferred in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.029. In no event shall any schedule of fines adopted pursuant to section 476.385, RSMo, include offenses involving the following:
(1) Any violation resulting in personal injury or property damage to another person;
(2) Operating a motor vehicle while intoxicated or under the influence of intoxicants or drugs;
(3) Operating a vehicle with a counterfeited, altered, suspended or revoked license;
(4) Fleeing or attempting to elude an officer.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.031. 1. Any person convicted of a violation of section 191.905, RSMo, relating to Medicaid fraud, in addition to any fines, penalties or sentences imposed by law, shall be required to make restitution to the federal and state governments, in an amount at least equal to that unlawfully paid to or by the person, and shall be required to reimburse the reasonable costs attributable to the investigation and prosecution pursuant to sections 191.900 to 191.910, RSMo. All of such restitution shall be paid and deposited to the credit of the Medicaid fraud reimbursement fund pursuant to the provisions of section 191.905, RSMo. All cost reimbursements attributable to the investigation and prosecution shall be paid and deposited to the credit of the Medicaid fraud prosecution revolving fund pursuant to the provisions of section 191.905, RSMo. Moneys in the Medicaid fraud prosecution revolving fund may be appropriated to the attorney general, or to any prosecuting or circuit attorney who has successfully prosecuted an action for a violation of sections 191.900 to 191.910, RSMo, and been awarded such costs of prosecution, in order to defray the costs of the attorney general and any such prosecuting or circuit attorney in connection with their duties provided by sections 191.900 to 191.910, RSMo. No moneys shall be paid into the Medicaid fraud protection revolving fund pursuant to section 191.905, RSMo, unless the attorney general or appropriate prosecuting or circuit attorney shall have commenced a prosecution pursuant to section 191.905, RSMo, and the court finds in its discretion that payment of attorneys' fees and investigative costs is appropriate under all the circumstances, and the attorney general and prosecuting or circuit attorney shall prove to the court those expenses which were reasonable and necessary to the investigation and prosecution of such case, and the court approves such expenses as being reasonable and necessary.
2. The attorney general may, pursuant to section 191.905, RSMo, bring a civil action against any person who shall receive a health care payment as a result of a false statement or false representation of a material fact made or caused to be made by that person. The person shall be liable pursuant to section 191.905, RSMo, for up to double the amount of all payments received by that person based upon the false statement or false representation of a material fact, and the reasonable costs attributable to the prosecution of the civil action. All such restitution shall be paid and deposited to the credit of the Medicaid fraud reimbursement fund, and all such cost reimbursements shall be paid and deposited to the credit of the Medicaid fraud prosecution revolving fund. No reimbursement of such costs attributable to the prosecution of the civil action shall be made or allowed except with the approval of the court having jurisdiction of the civil action. No civil action provided by section 191.905, RSMo, shall be brought if restitution and civil penalties provided by subsections 10 and 11 of section 191.905, RSMo, have been previously ordered against the person for the same cause of action.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.032. 1. Witnesses shall, pursuant to section 491.280, RSMo, be allowed fees for their services subject to guidelines to be promulgated by the supreme court.
2. Each witness may be examined on oath by the court or by the clerk when the court shall so order as to factors relevant to the proper amount of payment pursuant to this section.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.035. If the witness is summoned to attend and testify in this state, pursuant to the provisions of section 491.420, RSMo, he or she shall, pursuant to section 491.420, RSMo, be tendered by the treasurer of the county in which the prosecution is pending the sum of ten cents a mile for each mile by the ordinary traveled route to and from the court where the prosecution is pending and fifteen dollars for each day that he or she is required to travel and attend as a witness.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.040. 1. Each grand and petit juror shall, pursuant to the provisions of section 494.455, RSMo, receive six dollars per day for every day he or she may actually serve as such and seven cents for every mile he or she may necessarily travel going from his or her place of residence to the courthouse and returning, to be paid from funds of the county or a city not within a county.
2. Provided that a county or a city not within a county authorizes daily compensation payable from county or city funds for jurors who serve in that county pursuant to subsection 3 of this section in the amount of at least six dollars per day in addition to the amount required by subsection 1 of this section, a person shall receive an additional six dollars per day, pursuant to the provisions of section 494.455, RSMo, to be reimbursed by the state of Missouri so that the total compensation payable shall be at least eighteen dollars, plus mileage as indicated in subsection 1 of this section, for each day that the person actually serves as a petit juror in a particular case; or for each day that a person actually serves as a grand juror during a term of a grand jury. The state shall reimburse the county for six dollars of the additional juror compensation provided by this subsection.
3. The governing body of each county or a city not within a county may authorize additional daily compensation and mileage allowance for jurors, which additional compensation shall be paid from the funds of the county or a city not within a county. The governing body of each county or a city not within a county may authorize additional daily compensation and mileage allowance for jurors attending a coroner's inquest. Jurors may receive the additional compensation and mileage allowance authorized by this subsection only if the governing body of the county or the city not within a county authorizes the additional compensation. The provisions of this subsection authorizing additional compensation shall terminate upon the issuance of a mandate by the Missouri supreme court which results in the state of Missouri being obligated or required to pay any such additional compensation even if such additional compensation is formally approved or authorized by the governing body of a county or a city not within a county.
4. When each panel of jurors summoned and attending court has completed its service, the board of jury commissioners shall cause to be submitted to the governing body of the county or a city not within a county a statement of fees earned by each juror. Within thirty days of the submission of the statement of fees, the governing body shall cause payment to be made to those jurors summoned the fees earned during their service as jurors.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.045. At any time after the jury is impaneled, pursuant to the provisions of section 494.480, RSMo, such defendant shall be liable to the county for the costs associated with impaneling the jury.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.048. Interpreters and translators in civil and criminal cases shall be allowed a reasonable fee pursuant to the provisions of section 491.300, RSMo, approved by the court. Such fee shall be payable by the state in criminal cases from funds appropriated to the office of the state courts administrator.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.050. 1. The police retirement board may indemnify any person who was or is a party or is threatened to be made a party to any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative, by reason of the fact that he or she is or was a member of the retirement board, or is or was serving at the request of the retirement board in the capacity which caused his or her relationship to such action, suit or proceeding, against expenses, including attorneys' fees, judgments, fines and amounts paid in settlement actually and reasonably incurred by him or her in connection with such action, suit or proceeding, pursuant to the provisions of section 86.398, RSMo, if he or she acted in good faith and without willful malfeasance, and, with respect to any criminal action or proceeding, had reasonable cause to believe his or her conduct was lawful. The termination of any action, suit or proceeding by judgment, order, settlement, conviction or upon a plea of nolo contendere or its equivalent shall not, of itself, create a presumption that the person did not act in good faith, or, with respect to any criminal action or proceeding, that he or she did not have reasonable cause to believe that his or her conduct was lawful.
2. To the extent that a member of the retirement board has been successful on the merits or otherwise in defense of any action, suit or proceeding referred to in subsection 1 of this section, or in defense of any claim, issue or matter therein, he or she shall be indemnified against expenses, including attorneys' fees, actually and reasonably incurred by him or her in connection with the action, suit or proceeding pursuant to the provisions of section 86.398, RSMo.
3. Any indemnification under subsection 1 of this section, unless ordered by a court, shall be made by the retirement board only as authorized in each specific case upon a determination that indemnification of a member of the retirement board is proper in the circumstances because he or she has met the applicable standard of conduct set forth in this section. The determination shall be made by the retirement board by a majority vote of a quorum consisting of members of the retirement board who are not parties to the action, suit or proceeding, or if such a quorum is not obtainable, or even if obtainable a quorum of disinterested members of the retirement board so directs, by independent legal counsel in a written opinion. Such legal counsel may but need not be counsel to the retirement system.
4. Expenses incurred in defending a civil or criminal action, suit or proceeding may be paid by the retirement board in advance of the final disposition of the action, suit or proceeding as authorized by the retirement board in the specific case upon receipt of an undertaking by or on behalf of the member of the retirement board to repay such amount unless it shall ultimately be determined that he or she is entitled to be indemnified by the retirement board as authorized in this section.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.053. 1. The police department civilian employees' retirement board may indemnify any person who was or is a party or is threatened to be made a party to any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative, by reason of the fact that he or she is or was a member of the retirement board, or is or was serving at the request of the retirement board in the capacity which caused his or her relationship to such action, suit or proceeding, against expenses, including attorneys' fees, judgments, fines and amounts paid in settlement actually and reasonably incurred by him or her in connection with such action, suit or proceeding, pursuant to the provisions of section 86.745, RSMo, if he or she acted in good faith and without willful malfeasance, and, with respect to any criminal action or proceeding, had reasonable cause to believe his or her conduct was lawful. The termination of any action, suit or proceeding by judgment, order, settlement, conviction or upon a plea of nolo contendere or its equivalent, shall not, of itself, create a presumption that the person did not act in good faith, or, with respect to any criminal action or proceeding, that he or she did not have reasonable cause to believe that his or her conduct was lawful.
2. To the extent that a member of the retirement board has been successful on the merits or otherwise in defense of any action, suit or proceeding referred to in subsection 1 of this section, or in defense of any claim, issue or matter therein, he or she shall be indemnified against expenses, including attorneys' fees, actually and reasonably incurred by him or her in connection with the action, suit or proceeding, pursuant to the provisions of section 86.745, RSMo.
3. Any indemnification under subsection 1 of this section, unless ordered by a court, shall be made by the retirement board only as authorized in each specific case upon a determination that indemnification of the member of the retirement board is proper in the circumstances because he or she has met the applicable standard of conduct set forth in this section. The determination shall be made by the retirement board by a majority vote of a quorum consisting of members of the retirement board who are not parties to the action, suit or proceeding, or if such a quorum is not obtainable, or even if obtainable a quorum of disinterested members of the retirement board so directs, by independent legal counsel, who may but need not be counsel to the retirement system, in a written opinion.
4. Expenses incurred in defending a civil or criminal action, suit or proceeding may be paid by the retirement board in advance of the final disposition of the action, suit or proceeding as authorized by the retirement board in the specific case upon receipt of an undertaking by or on behalf of the member of the retirement board to repay such amount unless it shall ultimately be determined that he or she is entitled to be indemnified by the retirement board as authorized in this section.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.057. In public work contracts, no late payment interest shall be due and owing for payments which are withheld in good faith for reasonable cause pursuant to the provisions of section 34.057, RSMo. If it is determined by a court of competent jurisdiction that a payment which was withheld pursuant to the provisions of section 34.057, RSMo, was not withheld in good faith for reasonable cause, the court may impose interest at the rate of one and one-half percent per month calculated from the date of the invoice and may, in its discretion, award reasonable attorney fees to the prevailing party. In any civil action or part of a civil action brought pursuant to section 34.057, RSMo, if a court determines after a hearing for such purpose that the cause was initiated, or a defense was asserted, or a motion was filed, or any proceeding therein was done frivolously and in bad faith, the court shall require the party who initiated such cause, asserted such defense, filed such motion, or caused such proceeding to be had to pay the other party named in such action the amount of the costs attributable thereto and reasonable expenses incurred by such party, including reasonable attorney fees.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance
with the directive of S.B. 869 of the Second Regular Session of the 88th
General Assembly, 1996.
488.061. 1. A citation issued by personnel designated under subsection 1 of section 70.378, RSMo, to maintain safety and order upon the bi-state development agency public mass transportation system shall be considered a release on the personal recognizance of the violator, provided that the citation shall contain a time and date for the appearance of the violator in circuit court to contest or admit the charges. Any violator failing to appear in circuit court when required to do so shall be subject to arrest upon order of the court. The circuit court may establish a schedule for the amount of fines for violations of section 70.441, RSMo, or a similar section under Illinois law. The court shall allow for the payment of the fine and court costs by mail instead of a court appearance for a violation in which the only penalty authorized by this section or section 70.441, RSMo, is a fine.
2. Unless a greater penalty is provided by the laws of the signatory states, any violation of the rules and regulations of the agency shall constitute an infraction for which the authorized punishment shall be a fine of not less than twenty-five dollars and not greater than two hundred fifty dollars, in addition to court costs.
3. The board of commissioners of the bi-state development agency shall establish the amount of fines for each violation of the rules and regulations of the agency within the limits of subsection 9 of section 70.378, RSMo.
4. Judges and clerks of the circuit courts having jurisdiction in the signatory states shall have the authority pursuant to section 70.378, RSMo, to impose, collect and enforce penalties for, and for failure to pay fines for, violations of the rules and regulations of the agency in the same manner as penalties are imposed, collected and enforced in the respective signatory states.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.063. The costs of disinterment, relocation and delivery of dead human remains pursuant to section 214.208, RSMo, and the related court proceedings, shall be paid by the persons so ordered by the court.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.064. In the event the judge orders child support payments in Marion County to be made through the clerk, the clerk shall annually, on or before February first of each year, pursuant to section 483.083, RSMo, charge ten dollars per year to each such person so obligated to make child support payments, which fee shall be paid to the state.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.067. When any notice or advertisement relating to any cause, matter or thing in any court of record shall be required by law or the order of any court to be published, the same, when duly published, shall be paid for, pursuant to section 493.010, RSMo, by the party at whose instance it was published, which payment, or so much thereof as shall be deemed reasonable, may be taxed as other costs, or otherwise allowed by the proper courts, in the course of the proceedings to which such advertisement relates.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.068. Fees for execution of judgment shall be allowed pursuant to section 513.400, RSMo, to referees appointed and acting under the provisions of sections 513.390 to 513.405, RSMo, as the court or judge thereof appointing them shall adjudge to be a fair and just compensation for the services rendered, not to exceed ten dollars per day, which shall be taxed as costs against the party adjudged to pay the same, and shall, from time to time, be paid as directed by the court.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.070. The court shall allow a receiver pursuant to section 515.260, RSMo, such compensation for his or her services and expenses as may be reasonable and just, and cause the same to be taxed as costs and paid as other costs in the cause.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.073. 1. An auxiliary aids and services provider appointed pursuant to sections 476.750 to 476.766, RSMo, is entitled, pursuant to section 476.760, RSMo, to a reasonable fee for such provider's service, including waiting time, necessary travel expenses and subsistence expenses. The fee may be based on a fee schedule for interpreters and auxiliary aids and services recommended by the Missouri commission for the deaf. Reimbursements for necessary travel and subsistence expenses shall be at the rates provided by law for state employees.
2. The fees and expenses of providers of auxiliary aids and services who serve before any civil court or criminal, civil or juvenile proceeding pursuant to section 476.760, RSMo, are payable from funds appropriated to the office of the state courts administrator.
3. At no time shall any deaf person involved in a proceeding or action as provided for in sections 476.750 to 476.766, RSMo, assume any portion of the cost for an interpreter or auxiliary aids and services nor shall the court, board, commission, department, agency or legislative body assess the cost for an interpreter or auxiliary aids and services to the cost of such proceedings.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
[514.040.] 488.340. 1. Except as provided in subsection 3 of this section, if any court shall, before or after the commencement of any suit pending before it, be satisfied that the plaintiff is a poor person, and unable to prosecute his or her suit, and pay all or any portion of the costs and expenses thereof, such court may, in its discretion, permit him or her to commence and prosecute his or her action as a poor person, and thereupon such poor person shall have all necessary process and proceedings as in other cases, without fees, tax or charge as the court determines the person cannot pay; and the court may assign to such person counsel, who, as well as all other officers of the court, shall perform their duties in such suit without fee or reward as the court may excuse; but if judgment is entered for the plaintiff, costs shall be recovered, which shall be collected for the use of the officers of the court.
2. In any civil action brought in a court of this state by any offender convicted of a crime who is confined in any state prison or correctional center, the court shall not reduce the amount required as security for costs upon filing such suit to an amount of less than ten dollars pursuant to this section. This subsection shall not apply to any action for which no sum as security for costs is required to be paid upon filing such suit.
3. Where a party is represented in a civil action by a legal aid society or a legal services or other nonprofit organization funded in whole or substantial part by moneys appropriated by the general assembly of the state of Missouri, which has as its primary purpose the furnishing of legal services to indigent persons, or by private counsel working on behalf of or under the auspices of such society, all costs and expenses related to the prosecution of the suit may be waived without the necessity of a motion and court approval, provided that a determination has been made by such society or organization that such party is unable to pay the costs, fees and expenses necessary to prosecute or defend the action, and that a certification that such determination has been made is filed with the clerk of the court.
EXPLANATION: This section is transferred in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
[514.050.] 488.343. If any person file, before any clerk in vacation, an affidavit that he has a just and subsisting cause of action on which he proposes to bring a suit, and that he is unable to pay the costs, the clerk shall issue an original writ, without fees for the same. But the court may, in its discretion, refuse or permit the further prosecution of the suit.
EXPLANATION: This section is transferred in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
[514.060.] 488.346. In all civil actions, or proceedings of any kind, the party prevailing shall recover his costs against the other party, except in those cases in which a different provision is made by law.
EXPLANATION: This section is transferred in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
[514.070.] 488.350. On all motions the court may give or refuse costs at its discretion, unless where it is otherwise provided by law.
EXPLANATION: This section is transferred in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
[514.080.] 488.353. When any defendant, in any action, shall plead several matters, any of which shall, upon motion joined, be adjudged insufficient, or if a verdict shall be found on any issue in the case for plaintiff, costs shall be given at the discretion of the court.
EXPLANATION: This section is transferred in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
[514.090.] 488.356. Where there are several counts in any petition, and any one of them be adjudged insufficient, or a verdict, or any issue joined thereon, shall be found for the defendant, costs shall be awarded at the discretion of the court.
EXPLANATION: This section is transferred in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
[514.100.] 488.360. Where several persons are made defendants to any action, and any one or more of them shall have judgment in his favor, every person so having judgment shall recover his costs, in like manner as if such judgment had been entered in favor of all the defendants, unless it shall appear to the court that there was reasonable cause for making such person defendant to such action.
EXPLANATION: This section is transferred in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
[514.110.] 488.363. In all actions not founded on contract, the damages claimed in the petition shall determine the jurisdiction of the court, and if the plaintiff recover any damages he shall recover his costs.
EXPLANATION: This section is transferred in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
[514.112.] 488.366. In addition to all other costs which are assessed in civil actions before the circuit courts of this state, whenever a civil action is settled and the circuit court in which such action was set for trial is not notified of such settlement at least two full business days prior to the trial date, all costs incurred by the court and the county in preparing for such trial which are not otherwise recoverable from the parties involved shall be assessed against one or more of the parties as provided in the settlement agreement. All moneys received from costs assessed pursuant to this section shall be county revenue and shall be deposited in the county treasury.
EXPLANATION: This section is transferred in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
[514.130.] 488.369. In all cases where either party shall sue out a certiorari upon any judgment where the same shall be allowed by law, the successful party in the superior court shall recover costs in both courts.
EXPLANATION: This section is transferred in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
[514.160.] 488.372. If any person shall take an appeal from a judgment of any court to the supreme court, or to any district of the court of appeals, and the judgment shall be affirmed or the appeal discontinued or dismissed, the appellee shall recover his costs; and if the judgment be reversed, the appellant shall recover his costs.
EXPLANATION: This section is transferred in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
[514.170.] 488.375. Upon the plaintiff dismissing his suit, or defendant dismissing the same for want of prosecution, the defendant shall recover against the plaintiff his costs; and in all other cases it shall be in the discretion of the court to award costs or not, except in those cases in which a different provision is made by law.
EXPLANATION: This section is transferred in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
[514.180.] 488.378. If a plaintiff who has once dismissed an action in any court commences an action based upon or including the same claim against the same defendant, the court may make an order for the payment of any unpaid costs of the action previously dismissed and may stay the proceedings in the action until the plaintiff has complied with the order.
EXPLANATION: This section is transferred in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
[514.190.] 488.381. In suits upon obligations, bonds[,] or other specialties, or on contracts, express or implied, made to or with the state, or the governor thereof, or any other person, to the use of the state, or to a county, or the use of a county, and not brought on the relation or in behalf or for the use of any private person, if the plaintiff shall recover any debt or damages, costs shall also be recovered as in other cases; but if such plaintiff suffer a discontinuance, or suit be dismissed, or non prossed, or if a verdict shall be found in favor of the defendant, he shall recover his costs.
EXPLANATION: This section is transferred in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
[514.200.] 488.384. In all such cases, the judgment against the state or county shall not be for costs generally, but the amount thereof shall be expressed in the judgment, and no such judgment shall afterwards be amended so as to increase the amount for which it was originally entered; and, upon a transcript of such judgment, together with a certified copy of the fee bill, showing the items of cost, being presented to the state auditor or the county court, the same shall be audited and allowed.
EXPLANATION: This section is transferred in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
[514.205.] 488.387. 1. In any civil action or part of a civil action pending before any division of any court of this state including the probate division of the circuit court, if the court finds after a hearing for such purpose that the cause was initiated, or a defense was asserted, or a motion was filed, or any proceeding therein was had frivolously and in bad faith, the court shall require the party who initiated such cause, asserted such defense, filed such motion, or caused such proceeding to be had to pay the other party named in such action the amount of the costs attributable thereto and the reasonable expenses incurred by the party opposing such cause, defense, motion[,] or proceeding, including reasonable attorney's fees and compensation of said party for the time reasonably required of the party to oppose such cause, defense, motion or proceeding. Nothing in this section shall be construed as creating any liability on the part of any attorney representing a party in the proceeding who in good faith acted at the specific direction of his client in initiating the case, asserting the defense, filing the motion[,] or causing the proceeding to be had.
2. The provisions of this section shall not apply to specific conduct occurring prior to September 28, 1985. The provisions of this section shall not apply to proceedings brought in the nature of a civil action where a convicted person seeks a judicial review of his conviction.
EXPLANATION: This section is transferred in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
[514.210.] 488.390. When any suit or proceeding, instituted in the name of the state or any county, on the relation or in behalf or for the use of any private person, and where a suit shall be commenced in the name of one person to the use of another, the person for whose use the action is brought shall be held liable to the payment of all costs. [And] In all such cases, as well where there is security for costs, or where the attorney is liable for the same, judgment for costs shall be rendered against the person for whose use the action is brought, the security or attorney, in like manner and to the same extent as if the suit or proceeding had been instituted in his own name.
EXPLANATION: This section is transferred in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
[514.220.] 488.393. In all cases founded on the statutes concerning the partition of lands, the costs shall be paid by the parties plaintiff and defendant, according to their respective interests in the lands which may be the subject of the proceedings; and the court shall render judgment against each party for his or her share of such costs. If the lands, or any part thereof, be sold in partition, then the costs adjudged against the party or parties whose interests shall be sold shall be paid out of the proceeds of such sale; and against all parties to such proceedings among whom partition shall be made in kind, an execution may issue, and shall be levied on the lands, tenements, goods and chattels of each party to such proceedings, whose share is set off in kind; provided, that no lands, tenements, goods or chattels shall be levied upon and sold, under and by virtue of such execution, except for the satisfaction of such part of said costs as may be adjudged against the owner thereof.
EXPLANATION: This section is transferred in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
[514.230.] 488.396. In all actions where, before suit brought, tender shall be made and full payment offered, by discount or otherwise, in such specie and at such time and place as the party, by contract or agreement, ought to do, and the thing tendered, if in money, shall be deposited in court, or if not money, committed under an order of court to the sheriff or other officer of court, for the use of the plaintiff, before the trial of the cause shall commence, and the party to whom such tender shall be made doth refuse the same, and yet afterward will sue for the debt or property so tendered, the plaintiff shall not recover any costs in such suit, but the defendant shall recover costs, as if the judgment in the cause had gone in his favor upon the merits.
EXPLANATION: This section is transferred in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
[514.240.] 488.399. Where tender and no deposit shall be made, as provided in section [514.230] 488.396, the tender shall only have the effect, in law, to prevent the running of interest or accumulation of damages from and after the time such tender was made.
EXPLANATION: This section is transferred in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
[514.250.] 488.402. If, in any suit pending, the defendant shall, at any time, deposit with the clerk, for the use of the plaintiff, the amount of the debt or damages he admits to be due, together with all costs that have then accrued, and the plaintiff shall refuse to accept the same in discharge of his suit, and shall not afterward recover a larger sum for his debt or damages due, and costs accrued up to the time of deposit, than the sum so deposited, he shall pay all costs that may accrue from and after the time such money was so deposited, as aforesaid.
EXPLANATION: This section is transferred in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
[514.260.] 488.405. The clerk shall tax and subscribe all bills of costs arising in any cause or proceedings instituted or adjudged in the court of which he is the clerk, agreeably to fees which shall, for the time being, be allowed by law, and shall in no case allow any item or charge, unless the service for which it was made was actually performed in the cause.
EXPLANATION: This section is transferred in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
[514.270.] 488.408. Any person aggrieved by the taxation of a bill of costs may, upon application, have the same retaxed by the court in which the action or proceeding was had, and in such retaxation all errors shall be corrected by the court; and if the party aggrieved shall have paid any unlawful charge, by reason of the first taxation, the clerk shall pay the costs of retaxation, and also to the party aggrieved the amount which he may have paid by reason of the allowing of such unlawful charge.
EXPLANATION: This section is transferred in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
[514.280.] 488.411. In all cases of appeal in the supreme court and the court of appeals, it shall be the duty of the court, whenever the transcript of a record shall contain any unnecessary matter had before the inferior court, to retax the bill of costs of the clerk of the inferior court, although no motion for that purpose is made by either party; and when the fees for such unnecessary matter contained in the transcript of the record shall have been paid to the clerk of the inferior court, the appellate court shall order the same to be refunded, which order may be enforced by attachment.
EXPLANATION: This section is transferred in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
[514.303.] 488.414. All costs involved in the execution and sale of property pursuant to judgment, except attorney's fees, may be awarded as judgment in favor of the party incurring such costs, including moving expenses, insurance, storage charges[,] and any other expenses except for attorney's fees, reasonably incurred as a result of such execution and sale. Creditors shall certify such expenses as true and accurate in an affidavit filed with the court, and shall provide the court with copies of all receipts. The court may then award such costs as it deems reasonable and necessary.
EXPLANATION: This section is transferred in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
[514.310.] 488.417. Every fee bill and every writ of fieri facias issuing out of any court of record in this state[,] shall have written or printed thereon a true statement of each and every item of all the taxable costs in the case, and over against each item so stated there shall be set the amount of money taxed thereunder; and when the same shall come to the hands of any officer authorized by law to enforce the collection thereof, he shall also itemize all the costs to be added thereto by him for his own services.
EXPLANATION: This section is transferred in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
[514.330.] 488.420. The clerks who are responsible by law or court rule for collecting court costs shall strictly examine the accounts of all court costs accruing during the progress of any civil suit pending in divisions for which they are responsible for collecting court costs, and shall correct the same if wrong in any manner, and shall thereupon enter the amount thereof upon their records; and if the person or persons and their sureties for costs properly chargeable with such court costs shall neglect or refuse to pay the amount thereof, and costs for issuing and serving the same, within thirty days after demand, the clerk shall take such action to collect such fees as provided by sections 488.010 to 488.020[, RSMo].
EXPLANATION: This section is transferred in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
[514.335.] 488.423. In any court case or proceeding in which a guardian ad litem is appointed by the court to safeguard the interests of a minor and in which the minor is not a party, the court may enter judgment in favor of the guardian ad litem allowing reasonable compensation for such guardian ad litem's services.
EXPLANATION: This section is transferred in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
[514.440.] 488.426. The judges of the circuit court, en banc, in any circuit in this state, by rule of court adopted prior to January 1, 1997, may require any party filing a civil case in the circuit court, at the time of filing the suit, to deposit with the clerk of the court a surcharge in the amount of not to exceed fifteen dollars in addition to all other deposits required by law or court rule. Sections [514.440 to 514.460] 488.426 to 488.432 shall not apply to proceedings when costs are waived or are to be paid by the county or state or any city.
EXPLANATION: This section is transferred in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
[514.450.] 488.429. Moneys collected pursuant to section [514.440] 488.426 shall be payable to the circuit judge or judges of the circuit court of the county from which such surcharges were collected, or to such person as is designated by local circuit court rule as treasurer of said fund, and said fund shall be applied and expended under the direction and order of the circuit judge or judges of the circuit court of any such county for the maintenance and upkeep of the law library maintained by the bar association in any such county, or such other law library in any such county as may be designated by the circuit judge or judges of the circuit court of any such county; provided, that the judge or judges of the circuit of any such county, and the officers of all courts of record of any such county, shall be entitled at all reasonable times to use the library to the support of which said funds are applied.
EXPLANATION: This section is transferred in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
[514.460.] 488.432. If in any suit in which a deposit is provided for under sections [514.440 to 514.460] 488.426 to 488.432, the party filing the suit shall prevail, the amount of said deposit required at the time of filing said suit shall be awarded and collectable as a judgment entered in said suit in favor of the prevailing party making said deposit.
EXPLANATION: This section is transferred in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.435. 1. Sheriffs shall receive a charge, as provided in section 57.280, RSMo, for service of any summons, writ or other order of court, in connection with any civil case, and making on the same either a return indicating service, a non est return or a nulla bona return, the sum of twenty dollars for each item to be served, as provided in section 57.280, RSMo, except that a sheriff shall receive a charge for service of any subpoena, and making a return on the same, the sum of ten dollars, as provided in section 57.280, RSMo; however, no such charge shall be collected in any proceeding when court costs are to be paid by the state, county or municipality. In addition to such charge, the sheriff shall be entitled, as provided in section 57.280, RSMo, to receive for each mile actually traveled in serving any summons, writ, subpoena or other order of court, the rate prescribed by the Internal Revenue Service for all allowable expenses for motor vehicle use expressed as an amount per mile, provided that such mileage shall not be charged for more than one subpoena or summons or other writ served in the same cause on the same trip. All of such charges shall be received by the sheriff who is requested to perform the service. Except as otherwise provided by law, all charges made pursuant to section 57.280, RSMo, shall be collected by the court clerk as court costs and are payable prior to the time the service is rendered; provided that if the amount of such charge cannot be readily determined, then the sheriff shall receive a deposit based upon the likely amount of such charge, and the balance of such charge shall be payable immediately upon ascertainment of the proper amount of such charge. A sheriff may refuse to perform any service in any action or proceeding, other than when court costs are waived as provided by law, until the charge provided by this section is paid. Failure to receive the charge shall not affect the validity of the service.
2. The sheriff shall, as provided in section 57.280, RSMo, receive for receiving and paying moneys on execution or other process, where lands or goods have been levied and advertised and sold, five percent on five hundred dollars and four percent on all sums above five hundred dollars, and half of these sums, when the money is paid to the sheriff without a levy, or where the lands or goods levied on shall not be sold and the money is paid to the sheriff or person entitled thereto, his or her agent or attorney. The party at whose application any writ, execution, subpoena or other process has issued from the court shall pay the sheriff's costs, as provided in section 57.280, RSMo, for the removal, transportation, storage, safekeeping and support of any property to be seized pursuant to legal process before such seizure. The sheriff shall be allowed for each mile, as provided in section 57.280, RSMo, going and returning from the courthouse of the county in which he or she resides to the place where the court is held, the rate prescribed by the Internal Revenue Service for all allowable expenses for motor vehicle use expressed as an amount per mile. The provisions of this subsection shall not apply to garnishment proceeds.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.437. The costs attending the trial of issues pursuant to section 236.140, RSMo, shall be adjudged against the unsuccessful party, as in other civil cases.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.439. The costs of filing and defending the petition to form a transportation development district pursuant to section 238.217, RSMo, and all publication and incidental costs incurred in obtaining circuit court certification of the petition for voter approval shall be paid by the petitioners. If a district is organized under sections 238.200 to 238.275, RSMo, the petitioners may be reimbursed for such costs out of the revenues received by the district.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.442. 1. Any person who fails to pay an administrative penalty for a violation of the provisions of sections 260.200 to 260.281, RSMo, relating to solid waste disposal, by the final due date shall be liable to the state, pursuant to section 260.249, RSMo, for a surcharge of fifteen percent of the penalty plus ten percent per annum on any amounts owed. Any administrative penalty paid pursuant to section 260.249, RSMo, shall be handled in accordance with section 7 of article IX of the state constitution. An action may be brought in the appropriate circuit court to collect any unpaid administrative penalty, and for attorney's fees and costs incurred directly in the collection thereof.
2. An administrative penalty shall not be increased in those instances where department action, or failure to act, has caused a continuation of the violation that was a basis for the penalty. Any administrative penalty must be assessed within two years following the department's initial discovery of such alleged violation, or from the date the department in the exercise of ordinary diligence should have discovered such alleged violation.
3. The state may, pursuant to the provisions of section 260.249, RSMo, elect to assess an administrative penalty, or, in lieu thereof, to request that the attorney general or prosecutor file an appropriate legal action seeking a civil penalty in the appropriate circuit court.
4. Any final order imposing an administrative penalty is subject to judicial review upon the filing of a petition pursuant to section 536.100, RSMo, by any person subject to the administrative penalty.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
[455.205.] 488.445. 1. The governing body of any county, or of any city not within a county, by order or ordinance to be effective prior to January 1, 2000, may impose a fee upon the issuance of a marriage license and may impose a surcharge upon any civil case filed in the circuit court under the provisions of section 452.305, RSMo. The surcharge shall not be charged when no court costs are otherwise required, and shall not be charged when costs are waived or are to be paid by the state, county or municipality.
2. The fee imposed upon the issuance of a marriage license shall be five dollars, shall be paid by the person applying for the license[,] and shall be collected by the recorder of deeds at the time the license is issued. The surcharge imposed upon the filing of a civil action shall be two dollars, shall be paid by the party who filed the petition[,] and shall be collected and disbursed by the clerk of the court in the manner provided by sections 488.010 to 488.020[, RSMo]. Such amounts shall be payable to the treasuries of the counties from which such surcharges were paid.
3. At the end of each month, the recorder of deeds shall file a verified report with the county commission of the fees collected pursuant to the provisions of subsection 2 of this section. The report may be consolidated with the monthly report of other fees collected by such officers. Upon the filing of the reports the recorder of deeds shall forthwith pay over to the county treasurer all fees collected pursuant to subsection 2 of this section. The county treasurer shall deposit all such fees upon receipt in a special fund to be expended only to provide financial assistance to shelters for victims of domestic violence as provided in sections 455.200 to 455.230, RSMo.
EXPLANATION: This section is transferred in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
[478.401.] 488.447. 1. The circuit and associate circuit judges of the circuit court in any city not within a county shall require any party filing a civil case in the circuit court, at the time of filing suit, to deposit with the circuit clerk a surcharge in the amount of thirty-five dollars, in addition to all other court costs now or hereafter required by law or court rule, and no summons shall be issued until such surcharge has been paid. This section shall not apply to proceedings when costs are waived or paid by the state, county or municipality.
2. Such funds shall be payable to the treasury of any city not within a county to be credited to a courthouse restoration fund, which shall bear interest, to be used by any city not within a county only for the restoration, maintenance[,] and upkeep of the courthouses; provided, that the courthouse restoration fund may be pledged to directly or indirectly secure bonds to fund such costs. All funds collected pursuant to this section before August 28, 1995, shall be credited to the courthouse restoration fund provided for in this section, to be used pursuant to the provisions of this section.
3. This section shall expire on August 28, 2033.
EXPLANATION: This section is transferred in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.449. In any contract dispute concerning a public works contract pursuant to section 49.500, RSMo, if the petitioners fail to sustain their petition, they shall pay the costs; and all such proceedings shall be governed by the law relating to civil practice in circuit courts.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.451. 1. As provided in section 105.467, RSMo, a governmental body, state agency or appointing authority shall not discharge, threaten or otherwise discriminate against a person or state employee acting on behalf of a person regarding compensation, terms, conditions, location or privileges of employment because:
(1) The person or state employee acting on behalf of the person reports or is about to report, verbally or in writing, a violation or a suspected violation of sections 105.450 to 105.498, RSMo; or
(2) A person or state employee acting on behalf of the person is requested by the commission to participate in an investigation, hearing or inquiry held by the commission or any related court action.
2. A court, in rendering a judgment in an action brought pursuant to section 105.467, RSMo, shall order, as the court considers appropriate, reinstatement of the person or state employee acting on behalf of the person, the payment of back wages, full reinstatement of fringe benefits and seniority rights, actual damages, or any combination of these remedies. A court may also award such person all or a portion of the costs of litigation, including reasonable attorney's fees and witness fees, if the court determines that the award is appropriate.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.453. A teacher shall, pursuant to section 168.120, RSMo, have the right to appeal from the decision of the board of education to the circuit court of the county where the employing school district is located. In all appeals from the board of education or circuit court pursuant to section 168.120, RSMo, the costs thereof shall be assessed against the losing party as provided by law in civil cases.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.457. If the petition is allowed pursuant to section 188.028, RSMo, to grant court-ordered consent to an abortion for a minor, the informed consent of the minor, pursuant to a court grant of majority rights, or the judicial consent, shall bar an action by the parents or guardian of the minor on the grounds of battery of the minor by those performing the abortion. The costs of the action shall be borne by the parties.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.460. Any individual aggrieved by a violation of section 191.656, RSMo, or regulations promulgated by the department of health regarding the confidentiality of reports and records concerning a person's HIV infection status may bring a civil action for damages. If it is found in a civil action that:
(1) A person has negligently violated section 191.656, RSMo, the person is liable pursuant to section 191.656, RSMo, for each violation, for:
(a) The greater of actual damages or liquidated damages of one thousand dollars; and
(b) Court costs and reasonable attorney's fees incurred by the person bringing the action; and
(c) Such other relief, including injunctive relief, as the court may deem appropriate; or
(2) A person has willfully or intentionally or recklessly violated section 191.656, RSMo, the person is liable pursuant to section 191.656, RSMo, for each violation, for:
(a) The greater of actual damages or liquidated damages of five thousand dollars; and
(b) Exemplary damages; and
(c) Court costs and reasonable attorney's fees incurred by the person bringing the action; and
(d) Such other relief, including injunctive relief, as the court may deem appropriate.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.462. In any unlawful discriminatory practice action pursuant to section 213.111, RSMo, the court may grant as relief, as it deems appropriate, pursuant to section 213.111, RSMo, any permanent or temporary injunction, temporary restraining order, or other order, and may award to the plaintiff actual and punitive damages, and may award court costs and reasonable attorney fees to the prevailing party, other than a state agency or commission or a local commission; except that, a prevailing respondent may be awarded court costs and reasonable attorney fees only upon a showing that the case is without foundation.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.464. If any horses, cattle or other stock shall break over or through any lawful fence, as defined in section 272.020, RSMo, and by so doing obtain access to, or do trespass upon, the premises of another, the owner of such animal shall, pursuant to section 272.030, RSMo, for the first trespass, make reparation to the party injured for the true value of the damages sustained, to be recovered with costs before a circuit or associate circuit judge, and for any subsequent trespass the party injured may put up such animal or animals and take good care of the same and immediately notify the owner, who shall pay to taker-up the amount of the damages sustained, and such compensation as shall be reasonable for the taking up and keeping of such animals, before he shall be allowed to remove the same, and if the owner and taker-up cannot agree upon the amount of the damages and compensation, either party may institute an action, pursuant to section 272.030, RSMo, in circuit court as in other civil cases. If the owner recover, he shall recover his costs and any damages he may have sustained, and the court shall issue an order requiring the taker-up to deliver to him the animals. If the taker-up recover, the judgment shall be a lien upon the animals taken up, and in addition to a general judgment and execution, he shall have, pursuant to section 272.030, RSMo, a special execution against such animals to pay the judgment rendered and costs.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.465. If any horses, cattle or other stock trespass upon the premises of another, pursuant to the animal care facilities act, sections 273.325 to 273.357, RSMo, the owner of the animal shall for the first trespass make reparation to the party injured for the true value of the damages sustained, to be recovered, pursuant to section 272.230, RSMo, with costs before an associate circuit judge, or in any court of competent jurisdiction, and for any subsequent trespass the party injured may put up the animal or animals and take good care of them and immediately notify the owner, who shall pay to the taker-up the amount of the damages sustained, and such compensation as shall be reasonable for the taking up and keeping of the animals, before he shall be allowed to remove them, and if the owner and taker-up cannot agree upon the amount of the damages and compensation either party may make complaint pursuant to section 272.230, RSMo, to an associate circuit judge of the county, setting forth the fact of the disagreement, and the associate circuit judge shall be possessed of the cause, and shall issue a summons to the adverse party and proceed with the cause as in other civil cases. If the owner recovers, he shall recover his costs and any damages he may have sustained, and the associate circuit judge shall issue an order requiring the taker-up to deliver to him the animals. If the taker-up recover, the judgment shall be a lien upon the animals taken up, and, in addition to a general judgment and execution, he shall have, pursuant to section 272.230, RSMo, a special execution against the animals to pay the judgment rendered and costs.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.466. Whenever the owner of real estate desires to erect or construct a lawful fence which wholly or partially borders the land of another, he or she shall, pursuant to section 272.240, RSMo, notify the other owner that he or she desires a division fence. If within ninety days after receiving the notice, the other landowner has not erected or constructed one-half of the division fence, the owner desiring the fence may apply to the associate division of the circuit court for an order to proceed with the construction and ordering the other landowner to pay one-half the value of so much thereof, as borders his or her land, and upon the payment shall own an undivided one-half of the fence; except that no owner shall be required to pay more than one-half the value of a lawful fence of four barbed wires, regardless of the type fence constructed. The associate division of the circuit court costs shall be taxed against the other landowner.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.467. The retail installment contract for a motor vehicle may provide for the payment of attorney fees not exceeding fifteen percent of the amount due and payable under the contract where the contract is referred for collection to any attorney not a salaried employee of the holder, plus court costs.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.468. All costs of reorganization proceedings for insurance companies pursuant to section 379.580, RSMo, prior to and including the judgment and decree of the court, or, if the matter be referred, prior to and including the filing and approval of the referee's report, shall be paid by the petitioner, pursuant to section 379.580, RSMo, and the court, as to all costs made subsequent thereto, shall make such order as in its discretion may be deemed just.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.470. If any railroad corporation formed or to be formed in this state, and any corporation to be formed pursuant to chapter 389, RSMo, or any railroad corporation running or operating any railroad in this state fails, neglects or refuses to erect or maintain in good condition any fence, openings or farm crossings or cattle guards as required by section 389.650, RSMo, then the owners or proprietors of such lands, fields or enclosures may erect or repair such fences, openings, gates or farm crossings or cattle guards, and shall thereupon have a right to sue and recover from such corporation as provided in section 389.650, RSMo. In such action, if the plaintiff recovers judgment, there shall be taxed, pursuant to section 389.650, RSMo, as costs against the defendant an attorney's fee, to be fixed by the court or associate circuit judge before which or whom the cause may be pending, at such sum as may be a reasonable compensation for all legal services rendered for plaintiff in the case, without regard to any agreement between plaintiff and his or her counsel as to fees; but such fee shall not be taxed so long as any appeal taken in such case shall remain undisposed of.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.472. In case any telecommunications company shall do or cause to be done or permit to be done any act, matter or thing prohibited, forbidden or declared to be unlawful, or shall omit to do any act, matter or other thing required to be done by chapter 392, RSMo, or by any order or decision of the commission, such telecommunications company shall be liable to the person or corporation affected thereby for all loss, damage or injury caused thereby or resulting therefrom, and in case of recovery, if the court shall find that such an act or omission was willful, it may, in its discretion, pursuant to section 392.350, RSMo, fix a reasonable counsel or attorney's fee, which fee shall be taxed and collected as a part of the costs in the action.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.473. The cost of the proceeding to appropriate property as provided in section 393.080, RSMo, shall be paid by the corporation, company or individual seeking the appropriation for gas, electric, water and sewer corporations, up to and including the filing and copying of the report of the commissioners, and the court, as to any cost made by any subsequent litigation, may make such order as in its discretion may be deemed just. The court shall, pursuant to section 393.080, RSMo, allow the commissioners a reasonable compensation for their services, which shall be taxed as costs in the proceedings.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.474. 1. If, at the hearing on the delivery of access to the utility meter under section 393.557, RSMo, the court specifically finds, on the basis of the record at such hearing, that the utility company willfully and wrongfully instituted an action under sections 393.550 to 393.565, RSMo, the utility customer in default may be entitled to any damages which might be incurred by such utility customer in default as a direct result of such actions by the utility company, together with reasonable attorney fees.
2. Costs may be taxed in the discretion of the court pursuant to section 393.561, RSMo, and the court shall direct which party is obligated to pay the sheriff's expenses referred to in section 393.559, RSMo.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.475. If a court appoints a guardian or conservator ad litem for the minor pursuant to section 404.093, RSMo, regarding gifts to minors, the court may, by order entered in the proceeding, pursuant to section 404.093, RSMo, provide reasonable compensation and reimbursement for expenses for the guardian or conservator ad litem and, in appropriate cases, allow the payment out of the custodial estate of the minor or enter a judgment for the amount as costs against some other person who is a party to the proceeding and whose conduct is determined by the court as giving rise to the necessity for the appointment of the guardian or conservator ad litem.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.476. If a court appoints a guardian or conservator ad litem for the beneficiary pursuant to section 404.648, RSMo, regarding personal custodians, the court may, by order entered in the proceeding, pursuant to section 404.648, RSMo, provide reasonable compensation and reimbursement for expenses for the guardian or conservator ad litem and, in appropriate cases, allow the payment out of the custodial property of the beneficiary or enter a judgment for the amount as costs against some other person who is a party to the proceeding and whose conduct is determined by the court as giving rise to the necessity for the appointment of the guardian or conservator ad litem.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.477. If a court appoints a guardian or conservator ad litem for the principal pursuant to section 404.731, RSMo, regarding durable powers of attorney, the court may, by order entered in the proceeding, pursuant to section 404.731, RSMo, provide reasonable compensation and reimbursement for expenses for the guardian or conservator ad litem and, in appropriate cases, allow the payment out of the estate of the principal or enter a judgment for the amount as costs against some other person who is a party to the proceeding and whose conduct is determined by the court as giving rise to the necessity for the appointment of the guardian or conservator ad litem.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.478. The defendant ad litem pursuant to section 537.021, RSMo, may be allowed a reasonable fee by the court appointing him or her which shall be taxed as court costs. The defendant ad litem shall not be liable for court costs unless specially charged by the court for personal misconduct in the action.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.479. The cost of the condemnation proceeding to appropriate the right-of-way shall be paid pursuant to section 523.070, RSMo, by the company seeking the appropriation, up to and including the filing and copying of the report of the commissioners, and the court, as to any costs made by subsequent litigation, may make such order as in its discretion may be deemed just. The court shall allow the commissioners a reasonable compensation for their services, which shall be taxed pursuant to section 523.070, RSMo, as costs in the proceedings.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.481. The judge of the court in which any partition suit pursuant to chapter 528, RSMo, may be brought shall allow, pursuant to section 528.530, RSMo, a reasonable fee to the attorney or attorneys bringing the suit, and may in like manner make a reasonable allowance to guardian ad litem when appointed, which fee and allowances shall be taxed and paid, pursuant to section 528.530, RSMo, as other costs in the case.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.483. Every corporation, person or association of persons who shall construct a boom across or in any of the streams or waters of this state shall be liable pursuant to section 537.410, RSMo, for all damages arising from backwater or overflow caused by the construction of such boom or the accumulation of logs, lumber or other floatables therein, and in all cases where judgment is rendered in any court for any damages occasioned as provided in section 537.410, RSMo, the court shall, pursuant to section 537.410, RSMo, allow the plaintiff a reasonable attorney's fee, to be taxed as costs in the case.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
[479.261. 1.] 488.607. In addition to all other court costs for county or municipal ordinance violations, any county or any city having a shelter for victims of domestic violence established pursuant to sections 455.200 to 455.230, RSMo, or any municipality within a county which has such shelter, or any county or municipality whose residents are victims of domestic violence and are admitted to such shelters may, by order or ordinance to be effective prior to January 1, 2000, provide for an additional surcharge in the amount of two dollars per case for each criminal case including county or municipal ordinance violation case filed before a municipal division judge or associate circuit judge. No surcharge shall be collected in any proceeding when the proceeding or defendant has been dismissed by the court or when costs are to be paid by the state, county or municipality. Such surcharges collected by municipal clerks in municipalities electing or required to have violations of municipal ordinances tried before a municipal judge pursuant to section 479.020, RSMo, or to employ judicial personnel pursuant to section 479.060, RSMo, shall be disbursed to the city at least monthly, and such surcharges collected by circuit court clerks shall be collected and disbursed as provided by sections 488.010 to 488.020[, RSMo]. Such fees shall be payable to the city or county wherein such fees originated. The county or city shall use such moneys only for the purpose of providing operating expenses for shelters for battered persons as defined in sections 455.200 to 455.230, RSMo.
[2.] 43.545. The state highway patrol shall include in its voluntary system of reporting for compilation in the "Missouri Crime Index" all reported incidents of domestic violence, whether or not an arrest is made. All incidents shall be reported on forms provided by the highway patrol and in a manner prescribed by the patrol. For purposes of this [subsection] section only, "domestic violence" shall be defined as any dispute arising between spouses, former spouses, persons related by blood or marriage, individuals who are presently residing together or have resided together in the past and persons who have a child in common regardless of whether they have been married or have resided together at any time.
EXPLANATION: This section is transferred in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.612. In every case involving an abused or neglected child which results in a judicial proceeding, the judge shall, pursuant to section 210.160, RSMo, appoint a guardian ad litem. The guardian ad litem may be awarded a reasonable fee for such services to be set by the court. The court, in its discretion, may award such fees as a judgment to be paid by any party to the proceedings or from public funds. However, no fees as a judgment shall be taxed against a party or parties who have not been found to have abused or neglected a child or children. Such an award of guardian fees shall constitute a final judgment in favor of the guardian ad litem. Such final judgment shall be enforceable against the parties in accordance with chapter 513, RSMo.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.615. In a paternity action pursuant to section 210.834, RSMo, whenever the court finds that the results of the blood tests show that a person presumed or alleged to be the father of the child is not the father of such child, such evidence shall be conclusive of nonpaternity and the court shall dismiss the action as to that party, and the cost of such blood tests shall be assessed against the party instituting the action unless the division of child support enforcement, through a prosecuting attorney or circuit attorney or other attorney under contract with such division, is a party to such action, in which case the cost of such blood tests shall be assessed against the state. The court shall order the state, pursuant to section 210.834, RSMo, to pay reasonable attorney's fees for counsel and the costs of any blood tests where such blood tests show that the person presumed or alleged to be the father of the child is not the father of such child and the state proceeds further in an action pursuant to sections 210.817 to 210.852, RSMo, to attempt to establish that such person is the father of the child.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.618. The court may, pursuant to section 210.842, RSMo, in a paternity action, enter judgment in the amount of the reasonable fees for counsel, experts, the child's guardian ad litem and other costs of the action and pretrial proceedings, including blood tests, to be paid by the parties in such proportions and at such times as determined by the court, except that:
(1) No fees or costs shall be assessed to an indigent party as a condition precedent to blood tests; and
(2) No such costs, other than the costs of blood tests and any other fees or charges assessed pursuant to subsection 4 of section 210.834, RSMo, shall be assessed to the state of Missouri or a political subdivision thereof.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.625. The costs of the proceedings in any case in the juvenile court may, pursuant to section 211.281, RSMo, in the discretion of the court be adjudged against the parents of the child involved or the informing witness as provided in section 211.081, RSMo, as the case may be, and collected as provided by law. All costs not so collected shall be paid by the county.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.627. In a dispositional hearing for a juvenile pursuant to section 211.459, RSMo, the court may require any and all investigating division personnel connected with the particular case to testify without privilege and subject to the rules of cross-examination. Such witnesses shall receive as compensation the witness fee and mileage provided in civil cases.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.629. In all actions to terminate parental rights, court costs shall be paid, pursuant to section 211.462, RSMo, by the county in which the proceeding is instituted, except that the court may require the agency or person having or receiving legal or actual custody to pay the costs.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.631. An initiating court, pursuant to uniform reciprocal support law, section 454.150, RSMo, shall not require the payment of either a filing fee or other costs from the obligee, but may request the responding court to collect fees and costs from the obligor. A responding court shall not require the payment of a filing fee or other costs from the obligee, but it may direct that all fees and costs requested by the initiating court and incurred in this state when acting as a responding state be paid in whole or in part by the obligor or by the appropriate county of the initiating state. These costs or fees do not have priority over amounts due to the obligee.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.632. 1. No advance filing fees or bond shall be required for filing a petition in an adult abuse action commenced under sections 455.010 to 455.085, RSMo.
2. The clerk shall advise the petitioner of his or her right to file a financial statement indicating the petitioner's income and liabilities. This information may be required by the court and shall be considered before assessment of court costs pursuant to section 455.027, RSMo.
3. Assessment of court costs or a determination of indigency shall be considered by the court at the time of a termination of the proceeding.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.633. The circuit judges of the circuit courts of the City of St. Louis and St. Louis County may appoint at least one "friend of the court" in child support matters, pursuant to section 478.422, RSMo. As compensation for his or her services the friend of the court shall, pursuant to section 478.422, RSMo, be allowed a fee in each case of not to exceed fifty dollars which shall be taxed as costs.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.635. In addition to any other court costs required to institute an action in the circuit division of the circuit court, a surcharge of three dollars shall be paid pursuant to section 452.552, RSMo, by the person filing such action. The surcharge shall be collected and disbursed in a manner provided by sections 488.012 to 488.020 by the court clerk at the time the petition is filed and shall be payable to the director of revenue for deposit in the domestic relations resolution fund established in section 452.554, RSMo.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
[483.580.] 488.1007. 1. In all probate proceedings in the probate divisions of the different circuit courts in this state, there shall be charged against and collected from the estates or parties requiring the services of the probate division of the circuit court, court costs in such amounts as are determined pursuant to sections 488.010 to 488.020[, RSMo].
2. Except as provided in section [483.550] 488.2225, the court costs provided in this section shall be charged and collected by the clerk of the probate division of the circuit court.
EXPLANATION: This section is transferred in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.1009. The courts in which the accounts of any personal representative or conservator remain to be settled, upon good cause shown, may transfer such accounts to the proper court of the county in which such personal representative or conservator resides and the party applying for such removal shall pay all costs for making out such transcript and copies and transmitting the same pursuant to the provisions of section 47.350, RSMo, before the same shall be delivered to be transmitted.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.1011. In all suits and other proceedings in the probate division of the circuit court, the party prevailing shall, pursuant to section 472.040, RSMo, recover his or her costs against the other party, except in those cases in which a different provision is made by law. Whenever costs are given against executors and administrators pursuant to section 472.040, RSMo, the estate shall pay the costs. Parties presenting claims against estates, for the same causes and in the same manner, may be ruled to give security for costs, as is provided in practice in civil cases.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.1014. 1. The costs of proceedings as to incapacity or disability of any person pursuant to section 475.085, RSMo, shall be paid from his or her estate if he or she is found incapacitated or disabled or, if his or her estate is insufficient, costs shall be paid by the county; but if the person is found not to be incapacitated or disabled the costs shall be paid by the person filing the petition, unless he or she is a public employee acting in his or her official capacity, in which case the costs shall be paid by the county.
2. The court shall accept and act upon a petition as to an indigent respondent without requiring a filing fee. The costs of the proceeding shall be taxed pursuant to section 475.085, RSMo, after the court rules on the petition.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
[483.500.] 488.2207. 1. Clerks of the supreme court and court of appeals shall severally be allowed and paid by the appellant or plaintiff in error court costs in an amount determined pursuant to sections 488.010 to 488.020[, RSMo]; provided, that nothing herein shall be construed to apply to proceedings when costs are waived or are to be paid by the state, county or municipality.
2. If the judgment of the supreme court or court of appeals is in favor of the appellant or plaintiff in error, the clerks shall assess the fee provided herein in favor of the appellant or plaintiff in error which may be collected in the manner provided by section [514.460, RSMo] 488.432.
3. Such clerks shall collect court costs for other services in such amounts as are determined pursuant to sections 488.010 to 488.020[, RSMo].
EXPLANATION: This section is transferred in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
[483.505.] 488.2209. The clerk of the supreme court shall keep a true and accurate account of all fees earned in such clerk's office.
EXPLANATION: This section is transferred in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
[483.530.] 488.2212. The clerk who is responsible for collecting fees pursuant to the provisions of section [483.550] 488.2225 shall charge and collect the court costs in such amounts as are determined pursuant to sections 488.010 to 488.020[, RSMo].
EXPLANATION: This section is transferred in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
[483.535.] 488.2215. The clerks of courts in this state authorized by law to grant naturalization papers shall charge and collect court costs in such amounts as are determined pursuant to sections 488.010 to 488.020[, RSMo].
EXPLANATION: This section is transferred in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
[483.550.] 488.2225. 1. Each circuit clerk, or person fulfilling the duties of the circuit clerk pursuant to this chapter, however denominated, shall charge, collect, and be the responsible clerk for every court [costs] cost accruing to such clerk's office to which such clerk may be entitled under the law, except that the circuit clerk shall not be accountable or responsible for or under a duty to collect the following court costs:
(1) Court costs in a case pending in the probate division of the circuit court;
(2) Court costs in a case while it pends in a municipal division of the circuit court, in municipalities electing or required to have violations of municipal ordinances tried before a municipal judge pursuant to section 479.020, RSMo, or to employ judicial personnel pursuant to section 479.060, RSMo;
(3) Court costs in a case which was originally filed and pends before an associate circuit judge; provided, however, that such exception with respect to cases filed and pending before an associate circuit judge shall not apply (a) in the City of St. Louis and (b) when by local circuit court rule it is provided that cases which are to be heard by associate circuit judges shall be centrally filed and final judgments therein maintained in an office which is operated and staffed by the circuit clerk and such clerk's deputies;
(4) Fees to which he is entitled for services performed in preparing or completing passport applications, which fees may be retained by the circuit clerk.
2. Each chief division clerk for the probate division of the circuit court shall charge and collect every court cost accruing to the probate division of the circuit court to which it may be entitled under the law.
3. In divisions presided over by associate circuit judges for which the circuit clerk is not responsible for collecting court costs as hereinabove provided, the associate circuit judge shall designate by order entered of record a division clerk who shall be responsible for the collection of all court costs with respect to cases in the division; or if there be a centralized filing and docketing system for two or more divisions presided over by an associate circuit judge, then a division clerk or clerks shall be designated in accordance with the provisions of local circuit court rule by an order which shall be entered of record, and if there be no such rule adopted, then a majority of the associate circuit judges being served shall designate a division clerk or clerks who shall be responsible for the collection of all court costs with respect to cases in the divisions served by the centralized filing and docketing system.
4. Notwithstanding the provisions of subsections 1, 2 and 3 of this section, by vote of all judges, circuit and associate circuit, of a circuit court, en banc, the circuit court may adopt a system by local circuit rule whereby the circuit clerks within the circuit shall have administrative control over and be responsible for the charging and collection of all court costs accruing to the court other than court costs in a case while it pends in the municipal divisions of the circuit court, in municipalities electing or required to have violations of municipal ordinances tried before a municipal judge pursuant to section 479.020, RSMo, or to employ judicial personnel pursuant to section 479.060, RSMo. The chief division clerk for the probate divisions of the circuit court may be designated by the local circuit rule to charge and collect every court cost accruing to the probate divisions of the circuit court to which it may be entitled under the law, under the supervision of the circuit clerk.
5. The responsible clerks shall make periodic reports of delinquent court costs which are due at such times and in such form as may be required by the state courts administrator.
6. It shall be the duty of each prosecuting attorney when such be referred to such prosecuting attorney by the responsible clerk to reasonably attempt to collect such delinquent court costs. In the case of delinquent court costs which are payable to the state, it shall be the duty of each prosecuting attorney, and the attorney general when such be referred to the attorney general by the state courts administrator to reasonably attempt to collect such delinquent court costs.
EXPLANATION: This section is transferred in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.2226. The Missouri supreme court may answer questions of Missouri law certified to it by the Supreme Court of the United States, a Court of Appeals of the United States, a United States District Court or a United States Bankruptcy Court, pursuant to section 477.004, RSMo. Fees and costs shall be the same as in civil appeals docketed before the Missouri supreme court and shall, pursuant to section 477.004, RSMo, be equally divided between the parties unless otherwise ordered by the certifying court in its order of certification.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
[485.100.] 488.2250. For all transcripts of testimony given or proceedings had in any circuit court, the court reporter shall receive the sum of one dollar and fifty cents per twenty-five line page for the original of the transcript, and the sum of thirty-five cents per twenty-five line page for each carbon copy thereof; the page to be approximately eight and one-half inches by eleven inches in size, with left-hand margin of approximately one and one-half inches and the right-hand margin of approximately one-half inch; answer to follow question on same line when feasible; such page to be designated as a legal page. Any judge, in his discretion, may order a transcript of all or any part of the evidence or oral proceedings, and the court reporter's fees for making the same shall be paid by the state upon a voucher approved by the court, and taxed against the state. In criminal cases where an appeal is taken by the defendant, and it appears to the satisfaction of the court that the defendant is unable to pay the costs of the transcript for the purpose of perfecting the appeal, the court shall order the court reporter to furnish three transcripts in duplication of the notes of the evidence, for the original of which he shall receive one dollar and fifty cents per legal page and for the copies twenty cents per page. The payment of court reporter's fees provided in this section shall be made by the state upon a voucher approved by the court.
EXPLANATION: This section is transferred in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
[485.120.] 488.2253. In every contested case, or case in which the evidence is to be preserved, except for the collection of delinquent or back taxes, before any circuit judge when an official court reporter is appointed, the clerk of said court shall tax up the sum of fifteen dollars, to be collected as other costs, and paid by said clerk to the director of revenue of the state.
EXPLANATION: This section is transferred in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.2255. As provided in section 82.1025, RSMo, in any county of the first classification with a charter form of government and a population greater than nine hundred thousand, in any city not within a county and in any city with at least three hundred fifty thousand inhabitants which is located in more than one county, a parcel of property is a nuisance if such property adversely affects the property values of a neighborhood because the owner of such property allows the property to be in a deteriorated condition, due to neglect, violation of a county or municipal building code or standard, abandonment, failure to repair after a fire, flood or some other damage to the property or because the owner or resident of the property allows clutter on the property such as abandoned automobiles, appliances or similar objects. Any property owner who owns property within a reasonable distance to a parcel of property which is alleged to be a nuisance pursuant to section 82.1025, RSMo, may bring a nuisance action against the offending property owner for the amount of damage created by such property to the value of the petitioner's property and court costs, provided that the owner of the property which is alleged to be a nuisance has received notification of the alleged nuisance and has had a reasonable opportunity, not to exceed forty-five days, to correct the alleged nuisance. Section 82.1025, RSMo, is not intended to abrogate, and shall not be construed as abrogating, any remedy available under the common law of private nuisance.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
[483.591.] 488.2275. 1. In addition to all other court costs prescribed by law, a surcharge of ten dollars shall be assessed as costs in each court proceeding filed in any court in the state located within a county of the first classification with a population of at least two hundred thousand inhabitants which does not adjoin any other county of the first classification in all criminal cases including violations of any county ordinance or any violation of criminal or traffic laws of the state, including infractions, except that no such surcharge shall be collected in any proceeding involving a violation of an ordinance or state law in any court when the proceeding or defendant has been dismissed by the court or when costs are to be paid by the state, county or municipality. For violations of the general criminal laws of the state or county ordinances, no such surcharge shall be collected unless it is authorized by the county government where the violation occurred. For violations of municipal ordinances, no such surcharge shall be collected unless it is authorized by the municipal government where the violation occurred. Such surcharges shall be collected and disbursed as provided by sections 488.010 to 488.020[, RSMo,] and shall be payable to the treasurer of the county where the violation occurred.
2. Each county shall use all funds received under this section only to pay for the costs associated with the operation of the county judicial facility including, but not limited to, utilities, maintenance and building security. The county shall maintain records identifying such operating costs, and any moneys not needed for the operating costs of the county judicial facility shall be transmitted quarterly to the general revenue fund of the county.
EXPLANATION: This section is transferred in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
[487.170.] 488.2300. 1. A "Family Services and Justice Fund" is hereby established in each county or circuit with a family court, for the purpose of aiding with the operation of the family court divisions and services provided by those divisions. In circuits or counties having a family court, the circuit clerk shall charge and collect a surcharge of thirty dollars[,] in all proceedings falling within the jurisdiction of the family court. The surcharge shall not be charged when no court costs are otherwise required, shall not be charged for actions filed pursuant to the provisions of chapter 455, RSMo, shall not be charged to a government agency[,] and shall not be charged in any proceeding when costs are waived or are to be paid by the state, county or municipality.
2. In juvenile proceedings under chapter 211, RSMo, a judgment of up to thirty dollars may be assessed against the child, parent or custodian of the child, in addition to other amounts authorized by law, in informal adjustments made under the provisions of sections 211.081 and 211.083, RSMo, and in an order of disposition or treatment under the provisions of section 211.181, RSMo. The judgment may be ordered paid to the clerk of the circuit where the assessment is imposed and shall be collected and disbursed in the manner provided by sections 488.010 to 488.020[, RSMo].
3. All sums collected pursuant to this section and section 487.140, RSMo, shall be payable to the various county family services and justice funds.
4. Any moneys in the family services and justice fund not expended for salaries of commissioners, family court administrators[,] and family court staff shall be used toward funding the enhanced services provided as a result of the establishment of a family court; however, it shall not replace or reduce the current and ongoing responsibilities of the counties to provide funding for the courts as required by law. Moneys collected for the family services and justice fund shall be expended for the benefit of litigants and recipients of services in the family court, with priority given to services such as mediation, counseling, home studies, psychological evaluation and other forms of alternative dispute-resolution services. Expenditures shall be made at the discretion of the presiding judge or family court administrative judge, as designated by the circuit and associate circuit judges en banc, for the implementation of the family court system as set forth in this section. No moneys from the family services and justice fund may be used to pay for mediation in any cause of action in which domestic violence is alleged.
5. From the funds collected pursuant to this section and retained in the family services and justice fund, each circuit or county in which a family court commissioner in addition to those commissioners existing as juvenile court commissioners on August 28, 1993, have been appointed pursuant to sections 487.020 to 487.040, RSMo, shall pay to and reimburse the state for the actual costs of that portion of the salaries of family court commissioners appointed pursuant to the provisions of sections 487.020 to 487.040, RSMo.
6. No moneys deposited in the family services and justice fund may be expended for capital improvements.
EXPLANATION: This section is transferred in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
[482.345.] 488.2340. 1. A person filing an action in small claims court shall pay court costs and a deposit as security for costs in amounts determined pursuant to sections 488.010 to 488.020[, RSMo].
2. A person filing an action in small claims court shall pay the cost of service and other process in advance.
3. The court may in its discretion award the fees and assess the costs provided in this section.
4. All court costs shall be disbursed in accordance with sections 488.010 to 488.020[, RSMo].
EXPLANATION: This section is transferred in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
[8.180.] 488.3000. In all cases where a court or other officer performs any lawful service, at the instance of any director of the division of design and construction in and about the collection of debts due the state, and the costs have not nor cannot be made out of the defendant, the director of the division of design and construction shall pay the same fees that other plaintiffs are bound to pay for similar services, and no other.
EXPLANATION: This section is transferred in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
[27.080.] 488.3005. There is hereby created a revolving fund for the department of attorney general to be known as "The Attorney General's Court Costs Fund", which shall consist of money transferred by the general assembly of the state of Missouri from the general revenue fund to be credited to such fund, and any money paid into the state treasury and required by law to be credited to such fund. This fund shall be kept separate and apart from all other moneys in the state treasury and shall be paid out by the state treasurer upon warrants issued by the state auditor as certified to by the commissioner of administration, upon verified vouchers of the attorney general. Such money, after appropriation pursuant to law, shall be available only for the making of deposits and the payment of court costs incurred in any litigation, suit or hearing pending or which may hereafter be pending in any state or federal court or tribunal in which it is the duty of the attorney general to prosecute, defend or appear; provided, however, that such deposits and costs as may be awarded or refunded to the state at the termination of any such litigation, suit or hearing shall be deposited in the state treasury to the credit of the attorney general's court costs fund.
EXPLANATION: This section is transferred in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.3007. 1. In the investigation of a lobbyist pursuant to section 105.961, RSMo, the court shall, pursuant to section 105.961, RSMo, allow a reasonable and necessary attorney's fee for the services of the special prosecutor. Such fee shall be assessed as costs if a case is filed, or ordered by the court if no case is filed, and paid together with all other costs in the proceeding by the state, in accordance with rules and regulations promulgated by the state courts administrator, subject to funds appropriated to the office of administration for such purposes.
2. In the proceeding in circuit court, pursuant to section 105.961, RSMo, the commission may seek restitution against any person who has obtained unjust enrichment as a result of violation of any provision of sections 105.450 to 105.496, RSMo, or chapter 130, RSMo, and may recover on behalf of the state or political subdivision with which the alleged violator is associated, damages in the amount of any unjust enrichment obtained and costs and attorney's fees as ordered by the court.
3. A respondent party who prevails in a formal judicial action brought by the commission pursuant to section 105.961, RSMo, shall be awarded those reasonable fees and expenses incurred by that party in the formal judicial action, unless the court finds that the position of the commission was substantially justified or that special circumstances make such an award unjust.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.3010. 1. When a party prevails in a case before the administrative hearing commission or a court with respect to a tax imposed pursuant to chapter 143, RSMo, or any sales or use tax imposed by chapter 144, RSMo, or section 43(a) of article IV of the Missouri Constitution, filed after January 1, 1984, the court or administrative hearing commission may award the party reasonable litigation expenses pursuant to section 136.315, RSMo, if it finds that the position of the state was vexatious or was not substantially justified. Fees and expenses shall not be awarded if the final disposition is substantially the same as a settlement previously offered by the department to the taxpayer.
2. A party seeking an award for fees and other expenses pursuant to section 136.315, RSMo, shall, not later than thirty days after final disposition is made in the proceeding, submit to the court or administrative hearing commission an application which provides evidence of eligibility for an award pursuant to section 136.315, RSMo, alleges in what particulars the department was vexatious or not substantially justified in its position and which specifies the amount sought. If the amount sought includes an attorney's fee or the fee for an expert witness, the application shall include an itemized statement for each such fee indicating the actual time expended in service to the applicant and the rate at which the fees were computed. The burden of proof shall be on the party seeking an award pursuant to section 136.315, RSMo, to demonstrate the facts required as a condition to recovery.
3. The court or administrative hearing commission, in its discretion, may reduce the amount to be awarded pursuant to section 136.315, RSMo, or deny an award, to the extent that the prevailing party, during the course of the proceedings, engaged in conduct which unduly and unreasonably protracted the final resolution of the matter in controversy or when an overriding public interest exists which would make an award unjust.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.3013. In any case where the authority of any insurance company to do business in this state has been or shall be suspended, revoked or withheld for nonpayment of taxes, or for any other cause, or when any company shall voluntarily withdraw from this state, the director of revenue may, pursuant to section 148.430, RSMo, sue and recover, in his or her own name, in any court in this state having jurisdiction, from any such company, the amount of taxes and license properly chargeable against such company pursuant to section 148.430, RSMo, together with costs and reasonable attorney's fees, to be taxed as costs; and in such proceeding, process may issue to any county in the state, and may be served on the agent or attorney appointed under the law to receive or acknowledge service of process, and such service shall be as valid as if served on the company according to the laws of this state in other cases.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.3017. Every person, firm or corporation who shall violate any of the provisions of sections 196.755 to 196.765, 196.780 and 196.785, RSMo, regarding the coloring, sale or possession of imitation butter, shall forfeit and pay to the state of Missouri, for the use of the school fund for every such violation, the sum of fifty dollars and costs of suit, to be recovered by civil action in the name of the state of Missouri.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.3023. Any evasion of section 52.040, RSMo, by the clerk of the county commission or collector regarding bonds shall subject them each to a penalty of not less than five hundred dollars, and all damages and costs, to be recovered before any court of competent jurisdiction in this state; and the attorney general by direction of the director of revenue is required to bring suit, without delay, for every evasion of the requirements of section 52.040, RSMo, as soon as the same comes to the knowledge of the director; the amount recovered on such fines to be paid into the state treasury as general revenue.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.3027. The prevailing party in any action for injunctive relief pursuant to hazardous waste management law, sections 260.350 to 260.430, RSMo, shall, pursuant to section 260.415, RSMo, be awarded costs and reasonable attorneys' fees.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.3029. Every foreign corporation to which a certificate of reciprocity shall have been issued pursuant to section 362.600, RSMo, shall be deemed to have appointed the director of finance to be its true and lawful attorney upon whom may be served all legal process in any action or proceeding against it relating to or growing out of any trust, estate or matter in respect of which the foreign corporation acts in this state in any fiduciary capacity pursuant to the certificate of reciprocity. Service of the process shall be made by delivering a copy of the summons or other process, with a copy of the petition when service of the copy is required by law, together with a remittance of one dollar, pursuant to section 362.600, RSMo, to be taxed as costs in the action or proceeding, to the director of finance or to any person in his or her office authorized by him or her to receive the service.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.3031. Any association of individuals, and any corporation transacting in this state any insurance business, without being authorized by the director of the insurance department of this state so to do, or after the authority so to do has been suspended, revoked or has expired, shall be subject, pursuant to section 375.310, RSMo, to suit by the director who may institute proceedings in the circuit court of the county or city in which such company was organized, or in which it has, or last had, its principal or chief office or place of business, or in the county of Cole, to enjoin such company from the further transaction of its business, either temporarily or perpetually, and for such other decrees and relief as the court shall deem advisable; or such association of individuals or corporation shall be liable, pursuant to section 375.310, RSMo, to a penalty of two hundred fifty dollars for each offense, which penalty may be recovered by ordinary civil action in the name of the state, and shall, when recovered, become part of the school fund, as by law provided for other fines and penalties; suit for such penalty may be brought by the attorney general, the director of the insurance department, or any county, circuit or prosecuting attorney, in either the city or county in which the policy was delivered, or in which the money was paid to any agent of such association or corporation, or in which the receipt was delivered, or in any county or city in which an attorney for service or any agent of such association or corporation may be found; and if the plaintiff recover, an attorney fee to be allowed pursuant to section 375.310, RSMo, by the court for each cause of action upon which recovery is had shall be taxed as and added to the costs; service shall be made of process in any such action, either as in other civil actions or as provided in sections 375.010 to 375.920, RSMo, for service on insurance companies.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.3032. Any referee or master hearing an insurance delinquency case pursuant to section 375.620, RSMo, failing to at once proceed with the hearing, or to file his or her report within the time aforesaid, may be removed by the court, in which case he or she shall not receive any pay or allowance whatever for his or her services; and the court may thereupon hear the case or appoint a new referee or master. The fees of the referee or master shall be taxed pursuant to section 375.620, RSMo, and paid as costs in the case.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.3034. If a domiciliary liquidator for a foreign insurer has not been appointed, the director may, pursuant to section 375.1232, RSMo, apply to the circuit court of Cole County by verified petition for an order directing him or her to act as conservator to conserve the property of an alien insurer not domiciled in this state or a foreign insurer. The conservator may at any time petition the court for an order terminating conservation of an insurer. If the court finds that the conservation is no longer necessary, it shall order that the insurer be restored to possession of its property and the control of its business. The court may also make such finding and issue such order at any time upon motion of any interested party, but if such motion is denied all costs shall be assessed against such party.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.3035. In any action brought pursuant to the provisions of section 407.100, RSMo, for false advertising, the attorney general is entitled, pursuant to section 407.130, RSMo, to recover as costs, in addition to normal court costs, the cost of the investigation and prosecution of any action to enforce the provisions of chapter 407, RSMo.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.3036. If persons constituting the owners, their assignees, personal representatives, grantees, heirs, devisees or other successors of such moneys or funds, to be made parties defendant in such action or proceeding for escheat, are so numerous as to render it impossible or impracticable to bring them all before the court, and to serve them all with process as herein provided for, such of them, if living, or if any of them be not living, their unknown assignees, personal representatives, grantees, heirs, devisees or other successors, as will fairly insure adequate representation of all, may be sued and served with process as a class pursuant to section 470.320, RSMo. If the proof shows that every person to be bound by the judgment or decree is fairly and adequately represented, a judgment or decree of escheat for the entire funds may be entered, notwithstanding the fact that the defendant or defendants make default, but in such case the state shall be required to prove its case and, if the court finds that a reasonable necessity therefor exists, it may, pursuant to section 470.320, RSMo, appoint an attorney to represent the defendants and allow him or her a reasonable attorney's fee to be taxed as costs in the case. The costs of such action shall be paid from funds appropriated by an act of the legislature of the state of Missouri.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.3038. At the time of an appeal from the director's decision to modify, suspend, cancel, revoke or refuse to issue any grain dealer's license pursuant to section 276.451, RSMo, the party appealing shall give a bond for costs conditioned on his or her prosecuting the appeal without delay and paying all costs assessed against him or her.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.3039. If any such insurance carrier shall withdraw from business in this state before the tax shall fall due according to the provisions of chapter 287, RSMo, or shall fail or neglect to pay the tax imposed in chapter 287, RSMo, the department of revenue shall at once proceed to collect the same, and it is empowered and authorized, pursuant to section 287.720, RSMo, to employ such legal process as may be necessary for that purpose. The suit may be brought by the department of revenue, in any court of this state having jurisdiction, reasonable attorney's fees may be taxed pursuant to section 287.720, RSMo, as costs therein, and process may issue to any county of the state, and may be served as in civil actions or in cases of unincorporated associations, partnerships, interindemnity contracts or other plans or scheme upon the principal agent of the parties thereto.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.4000. In any county condemnation action brought pursuant to section 49.300, RSMo, the circuit court may render judgment for damages and costs against the county or against any or all of the parties as is just and proper in the premises.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.4003. In a county municipal court established pursuant to section 66.010, RSMo, the county may provide by ordinance for court costs not to exceed the sum which may be provided by municipalities for municipal violations before municipal courts. The county municipal judge may assess costs against a defendant who pleads guilty or is found guilty except in those cases where the defendant is found by the judge to be indigent and unable to pay the costs. The costs authorized in this section are in addition to service costs, witness fees and jail costs that may otherwise be authorized to be assessed, but are in lieu of other court or judge costs or fees. Such costs shall be collected by the authorized clerk and deposited into the county treasury.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.4005. If the county or township treasurer fails to make the semiannual settlement required by sections 54.170, 54.180 and 54.200, RSMo, and was prevented from making such settlement within the time by sickness or unavoidable absence from home, it shall be the duty of the court to direct a verdict for such treasurer on his or her paying the costs.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.4006. In the event a complaint is made, pursuant to section 66.090, RSMo, by a person other than the county counselor or a peace officer, the court may require the complainant to give security for the costs in such action.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.4009. In each proceeding had in circuit court, pursuant to section 66.110, RSMo, involving a violation of a county ordinance the same fees and costs shall be allowed and collected as in other misdemeanor cases. All such fees and costs charged and collected shall be paid over by the responsible clerk in the manner provided by sections 488.010 to 488.020. The county shall not be required to pay fees pursuant to this section.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.4014. 1. A fee of ten dollars, as provided in section 67.133, RSMo, shall be assessed in all cases in which the defendant is convicted of violating any provision of chapters 252, 301, 302, 304, 306, 307 and 390, RSMo, and any infraction otherwise provided by law, twenty-five dollars in all misdemeanor cases otherwise provided by law, and seventy-five dollars in all felony cases, in criminal cases including violations of any county ordinance or any violation of a criminal or traffic law of the state, except that no such fees shall be collected in any proceeding in any court when the proceeding or the defendant has been dismissed by the court or when costs are to be paid by the state, county or municipality. All fees collected under the provisions of section 67.133, RSMo, shall be collected and disbursed in the manner provided by sections 488.010 to 488.020 and payable to the county treasurer who shall deposit those funds in the county treasury.
2. Counties shall be entitled to a judgment in the amount of twenty-five percent of all sums collected, pursuant to section 67.133, RSMo, on recognizances given to the state in criminal cases, which are or may become forfeited, if not more than five hundred dollars, and fifteen percent of all sums over five hundred dollars, to be paid out of the amount collected.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.4020. In any civil action brought against the boundary commission regarding a proposed boundary change pursuant to section 72.416, RSMo, if the commission prevails in the action, the court may require the party who initiated the action to pay to the commission the reasonable costs incurred by the commission in opposing such action, including attorney's fees.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.4037. In case a common carrier shall do, cause to be done or permit to be done any act, matter or thing prohibited, forbidden or declared to be unlawful, or shall omit to do any act, matter or thing required to be done by chapter 622, RSMo, or by any order or decision of the division, such common carrier shall be liable to the persons or corporations affected thereby for all loss, damage or injury caused thereby or resulting therefrom, and in case of recovery, if the court shall find that such act or omission was willful, it may in its discretion, pursuant to section 622.530, RSMo, fix a reasonable counsel or attorney's fee, which fee shall be taxed and collected as part of the costs in the case. An action to recover for such loss, damage or injury may be brought in any court of competent jurisdiction by any such person or corporation.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
[550.010.] 488.5010. Whenever any person shall be convicted of any crime or misdemeanor he shall be adjudged to pay the costs, and no costs incurred on his part, except fees for the cost of incarceration, including a reasonable sum to cover occupancy costs, shall be paid by the state or county.
EXPLANATION: This section is transferred in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.5017. A surcharge of one dollar, as provided for in section 56.765, RSMo, shall be assessed as costs in each court proceeding filed in any court in the state in all criminal cases including violations of any county ordinance or any violation of a criminal or traffic law of the state, including an infraction; except that no such surcharge shall be collected in any proceeding in any court when the proceeding or the defendant has been dismissed by the court or when costs are to be paid by the state, county or municipality.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
[550.020.] 488.5020. 1. In all capital cases in which the defendant shall be convicted, and in all cases in which the defendant shall be sentenced to imprisonment in the penitentiary, and in cases where such person is convicted of an offense punishable solely by imprisonment in the penitentiary and is sentenced to imprisonment in the county jail, workhouse or reform school because such person is under the age of eighteen years, the state shall pay the costs, if the defendant shall be unable to pay them, except costs incurred on behalf of defendant.
2. And in all cases of felony, when the jury are not permitted to separate, it shall be the duty of the sheriff in charge of the jury, unless otherwise ordered by the court, to supply them with board and lodging during the time they are required by the court to be kept together, for which a reasonable compensation may be allowed, not to exceed three dollars and fifty cents per day for each member of the jury and the officer in charge; and the same shall be taxed as other costs in the case, and the state shall pay such costs, unless in the event of conviction, the same can be made out of the defendant.
EXPLANATION: This section is transferred in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
[550.030.] 488.5030. When the defendant in a criminal case is sentenced to imprisonment in the county jail, or to pay a fine, or both, and is unable to pay the costs, the county in which the indictment was found or information filed shall pay the costs, except such as were incurred on the part of the defendant.
EXPLANATION: This section is transferred in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
[550.040.] 488.5040. In all capital cases, and those in which imprisonment in the penitentiary is the sole punishment for the offense, if the defendant is acquitted, the costs shall be paid by the state; and in all other trials on indictments or information, if the defendant is acquitted, the costs shall be paid by the county in which the indictment was found or information filed, except when the prosecutor shall be adjudged to pay them or it shall be otherwise provided by law.
EXPLANATION: This section is transferred in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
[550.050.] 488.5050. 1. Every person who shall institute any prosecution to recover a fine, penalty or forfeiture shall be adjudged to pay all costs if the defendant is acquitted although he may not be entitled to any part of the same.
2. When such prosecutions are commenced by a public officer whose duty it is to institute the same, and the defendant is acquitted, the county shall pay the costs; if he is convicted, and unable to pay the costs, the county shall pay all the costs, except such as were incurred on the part of the defendant.
EXPLANATION: This section is transferred in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
[550.060.] 488.5060. In all cases where any person shall be committed or recognized to answer for a felony, and no indictment shall be found against such person, the prosecutor, or person on whose oath the prosecution was commenced, shall be liable for all the costs incurred in that behalf; and the court shall render judgment against such prosecutor for the same, and in no such case shall the state or county pay such costs.
EXPLANATION: This section is transferred in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
[550.070.] 488.5070. If a person, charged with a felony, shall be discharged by the officer taking his examination, the costs shall be paid by the prosecutor or person on whose oath the prosecution was instituted, and the officer taking such examination shall enter judgment against such person for the same, and issue execution therefor immediately; and in no such case shall the state or county pay the costs.
EXPLANATION: This section is transferred in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
[550.080.] 488.5080. If, upon the trial of any indictment or information, the defendant shall be acquitted or discharged, and the prosecutor or prosecuting witness shall be liable to pay the costs according to law, judgment shall be rendered against such prosecutor for the costs in the case, and in no such case shall the same be paid by either the county or state.
EXPLANATION: This section is transferred in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
[550.090.] 488.5090. When the proceedings are prosecuted before any associate circuit judge, at the instance of the injured party, for the disturbance of the peace of a person, or for libel or slander, or for any trespass against the person or property of another, not amounting to a felony, except for petit larceny, the name of such injured party shall be entered by the associate circuit judge on his record as a prosecutor; and if the defendant shall be discharged or acquitted, such prosecutor shall be adjudged to pay the costs not otherwise adjudged; and in every other case of acquittal, if the associate circuit judge or jury trying the case shall state in the finding that the prosecution was malicious or without probable cause, the associate circuit judge shall enter judgment for costs against the prosecution or party at whose instance the information was filed, and shall issue execution therefor; but in no case shall the prosecuting attorney be liable for costs. In other cases of discharge or acquittal the costs shall be paid by the county, except when the prosecution is commenced by complaint and the prosecuting attorney declines to file information thereon, in which case the proceedings shall be dismissed at the cost of the party filing the complaint.
EXPLANATION: This section is transferred in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
[550.110.] 488.5110. All costs unnecessarily incurred by a violation of sections 545.320 and 545.330, RSMo, shall be taxed against the clerk or associate circuit judge who caused the same.
EXPLANATION: This section is transferred in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
[550.120.] 488.5120. 1. In any criminal cause in which a change of venue is taken from one county to any other county, for any of the causes mentioned in existing laws, and whenever a prisoner shall, for any cause, be confined in the jail of one county, such costs shall be paid by the county in which the indictment or information was originally instituted. In all cases where fines are imposed upon conviction under such indictments or prosecutions, or penalties or forfeitures of penal bonds in criminal cases[,] are collected, by civil action or otherwise, payable to the county, such fines, penalties and forfeitures shall be paid into the treasury of the county where such indictment or information was originally found or such prosecution originally instituted, for the benefit of the public school fund of the county.
2. The term "costs" as used in this section means:
(1) All items, services and other matters defined as costs under any other provisions of law relating to criminal procedures;
(2) All moneys expended as salaries of persons directly related to the care of defendants, security of the court, security of the jury and the room and board thereof, transportation of the jury, security and room and board of witnesses, and the processing of the cause, payable out of the county treasury to which venue has been changed;
(3) All expenses of whatever nature incurred by a county as the result of jury selection under the provisions of section 545.485, RSMo;
(4) Any other expense directly related to the trial and prosecution of such criminal charge found necessary by the trial judge hearing the case.
EXPLANATION: This section is transferred in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
[550.130.] 488.5130. The bill of costs in any case, as provided for in section [550.120] 488.5120, shall be certified to by the judge and prosecuting attorney, as now provided by law, and shall be presented to the county commission in which the indictment was originally found, or proceedings instituted, and shall thereupon be paid as if the cause had been tried or otherwise disposed of in said county.
EXPLANATION: This section is transferred in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
[550.140.] 488.5140. The clerk of the court in which any criminal cause shall have been determined or continued generally shall, immediately after the adjournment of the court and before the next succeeding term, calculate all costs which have accrued in the case. If the state or county is liable under the provisions of this chapter for costs or any part thereof, he shall make out and deliver forthwith to the prosecuting attorney of said county a complete fee bill, specifying each item of services and the fee therefor. The circuit clerk shall prepare a bill against the state containing only costs which are payable to the county.
EXPLANATION: This section is transferred in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
[550.150.] 488.5150. The clerk shall attach to each fee bill a certified copy of the names of all witnesses endorsed on the indictment or information and all orders of the prosecuting attorney and affidavits of the prosecutor as provided for in section 545.320, RSMo, and no costs shall be paid any state witness not therein.
EXPLANATION: This section is transferred in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
[550.160.] 488.5160. No officer, appointee or employee holding a state, county, township or municipal office, including police officers and policemen, either by election or appointment, shall claim, be allowed or receive any fee or compensation as a witness for testifying before a coroner's inquest, grand jury[,] or in any criminal cases. All officers, appointees and employees as aforesaid, shall be compelled to attend the trial of all criminal cases, coroner's inquest and grand juries, when legally subpoenaed; provided, that the provisions of this section shall not apply to any officer who is a witness in any case where the residence of such officer is five miles from the place where the trial or coroner's inquest is held, or where the grand jury is in session.
EXPLANATION: This section is transferred in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
[550.170.] 488.5170. The judge and prosecuting attorney shall in no case tax the state or county with more than the costs of three witnesses to establish any one fact, nor with the costs of witnesses unnecessarily summoned and not examined, but the costs of such surplus or unnecessary witnesses shall, in the discretion of the court, be taxed against the party or attorney causing them to be summoned.
EXPLANATION: This section is transferred in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
[550.180.] 488.5180. If any clerk shall fail to tax the costs and make out a proper fee bill, or shall willfully neglect to perform any duty required of him in sections [550.140] 488.5140 and [550.190] 488.5190, he shall be liable to the person injured by such neglect in treble the amount of costs to which the party is entitled in the cause, and the court shall give judgment therefor against the clerk, on motion of the party entitled thereto; provided, that the party asking such judgment shall give two days' notice of such motion, which may be served on the clerk or his deputy.
EXPLANATION: This section is transferred in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
[550.190.] 488.5190. The prosecuting attorney shall strictly examine each bill of costs which shall be delivered to him, as provided in section [550.140] 488.5140, for allowance against the state or county, and shall ascertain as far as possible whether the services have been rendered for which the charges are made, and whether the fees charged are expressly given by law for such services, or whether greater charges are made than the law authorizes. If the fee bill has been made out according to law, or if not, after correcting all errors therein, he shall report the same to the judge of the court, either in term or in vacation, and if the same appears to be formal and correct, the judge and prosecuting attorney shall certify to the commissioner of administration, or clerk of the county commission, accordingly as the state or county is liable, the amount of costs due by the state or county on the fee bill, and deliver the same to the clerk who made it out, to be collected without delay, and paid over to those entitled to the fees allowed.
EXPLANATION: This section is transferred in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
[550.200.] 488.5200. The original fee bill, signed by the judge and prosecuting attorney, shall be sent by the clerk to the commissioner of administration or county commission, as the case may be, and the clerk shall make out, under his hand and seal, a true and certified copy of the same, which shall be carefully preserved by the clerk in his office, and shall be prima facie evidence of the facts therein stated.
EXPLANATION: This section is transferred in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
[550.210.] 488.5210. When a fee bill shall be certified to the commissioner of administration for payment, the certificate of the judge and prosecuting attorney shall contain a statement of the following facts: that they have strictly examined the bill of costs; that the defendant was convicted or acquitted, and if convicted, the nature and extent of punishment assessed, or the cause continued generally, as the case may be; that the offense charged is a capital one, or punishable solely by imprisonment in the penitentiary, as the case may be; that the services were rendered for which charges are made, and that the fees charged are expressly authorized by law, and that they are properly taxed against the proper party, and that the fees of no more than three witnesses to prove any one fact are allowed. In cases in which the defendant is convicted, the judge and prosecuting attorney shall certify, in addition to the foregoing facts, that the defendant is insolvent, and that no costs charged in the fee bill, fees for the cost of incarceration, including a reasonable sum to cover occupancy costs, excepted, were incurred on the part of the defendant.
EXPLANATION: This section is transferred in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
[550.220.] 488.5220. Each and every bill of costs presented to any county commission for allowance shall be examined and certified to by the judge and prosecuting attorney in the same manner, all necessary charges excepted, as provided for certifying bills of costs to the commissioner of administration for payment; and any county commissioner who shall pay, or vote to pay, any costs incurred in any criminal case or proceeding, unless the same is so certified to, shall be adjudged guilty of a misdemeanor.
EXPLANATION: This section is transferred in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
[550.230.] 488.5230. When the clerk shall send a bill of costs to the commissioner of administration or county commission, as provided in section [550.200] 488.5200, he shall expressly state in his certificate that he has not at any previous time certified or sent a copy of the same bill, or part thereof, for payment; provided, that if the clerk shall, by oversight or mistake, fail to include any costs properly chargeable against the state or county in any fee bill, he may make out and present, as herein provided for making out bills of costs, a supplemental bill for the costs so omitted; provided, that the clerk shall in no case charge or receive any fee or fees whatsoever for the issuance of such supplemental fee bill.
EXPLANATION: This section is transferred in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
[550.240.] 488.5240. In all criminal cases which have been finally determined before an associate circuit judge in which the county shall be liable for any costs incurred therein, the clerk responsible for collecting fees in cases determined by such judge shall certify a complete itemized fee bill thereof to the county commission for payment, which fee bill shall be examined and audited by the prosecuting attorney and the judge. Whenever the state shall be liable under any law for costs incurred in any examination of a felony before any associate circuit judge, or in any misdemeanor case which is not finally determined before an associate circuit judge, the clerk serving such judge shall calculate, certify and return to the clerk of the circuit court of the county a complete statement of costs, specifying each item of service and the fee therefor, together with all the papers and docket entries in the case. The clerk of the circuit court shall thereupon make out a fee bill of all such costs which are legally chargeable against the state or county, which shall be examined by the prosecuting attorney. The circuit clerk shall prepare a bill against the state containing only costs which are payable to the county. All such fee bills shall thereafter be proceeded with in all respects as in the case of fee bills for costs incurred in cases before circuit judges.
EXPLANATION: This section is transferred in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
[550.260.] 488.5260. 1. All criminal court cost bills shall be certified for payment as herein provided, and in addition thereto the circuit clerks of each county shall make copies of all original criminal court cost bills certified to the commissioner of administration for payment, and shall file the same with the treasurers of their respective counties[,] and the City of St. Louis, at the time of transmitting the original for payment.
2. When criminal court cost bills are certified to the commissioner of administration, warrants shall be drawn on the state treasurer as provided by law, provided that the amounts due to the state contained within such criminal court cost bills may be withheld by the state before payment is made to the counties. Costs payable to the state contained in such criminal costs bills shall not be reimbursed to the counties, but the county shall be reimbursed only for those costs payable to the county. Payment shall be transmitted to the treasurer of the county from whence the bill originated, or the City of St. Louis. When any criminal cost bill shall be certified to the county commission or the comptroller of the City of St. Louis[,] for payment, the county clerk, or the comptroller of the City of St. Louis, when the same is allowed, shall draw a warrant on the county treasurer or city treasurer in payment thereof, and deliver the same to the county treasurer, or to the treasurer of the City of St. Louis, together with a list of the names of the various parties to whom the fees are due, stating the amount due each person.
3. The treasurers, on receipt of any such warrants and criminal court cost bills, shall record the criminal court cost bills in a well-bound book arranged with appropriate headings, so that the same shall correspond, as near as may be, with the accounts required to be kept by other officers in section 50.470, RSMo.
EXPLANATION: This section is transferred in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
[550.270.] 488.5270. The county treasurers shall pay out all such fees to the proper owners as the same may be called for; provided, that before any such fees shall be paid the party to whom the same is due shall furnish satisfactory evidence to the treasurer that he or she, as the case may be, is not at the time indebted to the state or county, on account of delinquent back taxes, or is indebted to the state or county on account of any fine, penalty, forfeitures or forfeited recognizances or costs for a violation of any criminal statute of this state, or for contempt of any court, no matter if the same shall have been paid by oath of insolvency as provided by law; or is indebted to the state or any county on account of any funds coming to his hands by reason of any public office; provided further, that after deducting the amount of the indebtedness of the claimant, if any, on account of any or all of the various causes herein enumerated, the treasurer shall pay him the balance, giving duplicate receipts for the separate amounts paid, one of which shall be filed with the county clerk, who shall charge the treasurer with the same, but if the indebtedness of the claimant equals or exceeds the amount of his fees, the treasurer shall give him credit for the amount of his fees, stating on what account, and shall make duplicate receipts for the same, one of which he shall deliver to the claimant and the other he shall file with the county clerk, who shall charge the treasurer with all such receipts, and in his regular settlements with the county commission the treasurer shall make a full and complete exhibit of all his acts and doings under sections [550.260] 488.5260 to [550.300] 488.5300.
EXPLANATION: This section is transferred in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
[550.280.] 488.5280. All fees due witnesses before the grand jury, and all fees due jurors in any criminal case, and all fees accruing in any inquest case where the verdict of the jury is that the deceased came to death by other than unavoidable accident or natural causes, shall be deemed criminal costs, and shall be paid in like manner and shall be subject to all the offsets herein provided for.
EXPLANATION: This section is transferred in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
[550.290.] 488.5290. In order to make said sections [550.260] 488.5260 to [550.300] 488.5300 effective, it is hereby declared that all fees due by the state or county on account of any criminal case, or due witnesses before the grand jury, or as a juror or witness in an inquest, shall not be negotiable or assignable except subject to all the setoffs herein provided for, and that the state and county [holds] hold a prior lien on the same for the purpose of indemnification against loss by reason of the nonpayment of personal back taxes, and for the payment of the fines, penalties, forfeitures and costs herein mentioned.
EXPLANATION: This section is transferred in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
[550.300.] 488.5300. At the end of each term of court after the receipt of each criminal court cost bill from either the state auditor or the county clerk, the treasurer shall strike a balance of the same, and shall turn over the amounts collected on account of the various items of indebtedness herein mentioned to the various funds to which they belong or in the manner provided by sections 488.010 to 488.020[, RSMo]. [And] All uncalled for fees paid by the state shall be promptly transmitted to the state director of revenue who shall deposit the same in the state treasury, and those paid by the county shall be turned over to the credit of the county revenue fund.
EXPLANATION: This section is transferred in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
[550.310.] 488.5310. Every judge, prosecuting attorney, clerk or judge who shall knowingly violate any provision of [this chapter] sections 488.5010 to 488.5310 shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined not exceeding one thousand dollars.
EXPLANATION: This section is transferred in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.5320. 1. Sheriffs, county marshals or other officers shall be allowed a charge, as provided in section 57.290, RSMo, for their services rendered in criminal cases and in all proceedings for contempt or attachment, as required by law, the sum of seventy-five dollars for each felony case or contempt or attachment proceeding, ten dollars for each misdemeanor case, and six dollars for each infraction, excluding cases disposed of by a traffic violations bureau established pursuant to law or supreme court rule. Such charges shall be charged and collected in the manner provided by sections 488.010 to 488.020, RSMo, and shall be payable to the county treasury.
2. The sheriff receiving any charge pursuant to section 57.290, RSMo, shall reimburse the sheriff of any other county or the City of St. Louis the sum of three dollars for each pleading, writ, summons, order of court or other document served in connection with the case or proceeding by the sheriff of the other county or city, and return made thereof, to the maximum amount of the total charge received pursuant to section 57.290, RSMo.
3. As provided in section 57.290, RSMo, in cities and counties having a population of three hundred thousand inhabitants and over, each deputy sheriff, but not more than two deputy sheriffs, shall be allowed six dollars for each day during the term of court, to be paid by the city or county having a population of three hundred thousand inhabitants or over.
4. For the services of taking convicted offenders to the reception and diagnostic center designated by the director of the department of corrections, the sheriff, county marshal or other officers shall, as provided in section 57.290, RSMo, receive the sum of eight dollars per day for the time actually and necessarily employed in traveling to and from the reception and diagnostic center, and each guard shall, as provided in section 57.290, RSMo, receive the sum of six dollars per day for the same, and the sheriff, county marshal or other officer and guard shall, as provided in section 57.290, RSMo, receive the mileage rate prescribed by section 57.290, RSMo, for the distance necessarily traveled in going to and returning from the reception and diagnostic center, the time and distance to be estimated by the most usually traveled route from the place of departure to the reception and diagnostic center; the mileage rate prescribed by section 57.290, RSMo, for each mile traveled shall be allowed to the sheriff to cover all expenses on each convicted offender while being taken to the reception and diagnostic center; and all persons convicted and sentenced to imprisonment in the department of corrections at any term or sitting of the court, shall be taken to the reception and diagnostic center at the same time, unless prevented by sickness or unavoidable accident. In cities having a population of two hundred thousand inhabitants or more, convicted offenders shall be taken to the reception and diagnostic center as often as the sheriff deems necessary. When three or more convicted offenders are being taken to the reception and diagnostic center at one time, a guard may be employed, as provided in section 57.290, RSMo, but no guard shall be employed for a less number of convicted offenders except upon the order, entered of record, of the judge of the court in which the conviction was had, and any additional guards employed by order of the judge shall, in no event, exceed one for every three convicted offenders; and before any claim for taking convicted offenders to the reception and diagnostic center is allowed, the sheriff, or other officer conveying such convicted offender, shall file with the state commissioner of administration an itemized statement of such sheriff's account, in which the sheriff shall give the name of each convicted offender conveyed and the name of each guard actually employed, with the number of miles necessarily traveled and the number of days required, which in no case shall exceed three days, and which account shall be signed and sworn to by such officer and accompanied by a certificate from the chief administrative officer or such officer's designee of the reception and diagnostic center, that such convicted offenders have been delivered at the reception and diagnostic center and were accompanied by each of the officers and guards named in the account.
5. The sheriff or other officer who shall take a person, charged with a criminal offense, from the county in which the offender is apprehended to that in which the offense was committed, or who may remove a prisoner from one county to another for any cause authorized by law, or who shall have in custody or under such sheriff's or officer's charge any person undergoing an examination preparatory to such person's commitment more than one day for transporting, safekeeping and maintaining any such person, shall be allowed by the court having cognizance of the offense, three dollars and fifty cents per day, as provided in section 57.290, RSMo, for every day such sheriff or officer may have such person under such sheriff's or officer's charge, when the number of days shall exceed one, and the mileage rate prescribed by section 57.290, RSMo, for every mile necessarily traveled in going to and returning from one county to another, and the guard employed, who shall in no event exceed the number allowed the sheriff, marshal or other officer in transporting convicted offenders to the reception and diagnostic center, shall be allowed, as provided in section 57.290, RSMo, the same compensation as the officer. Three dollars and fifty cents per day, mileage same as officer, shall be allowed for board and all other expenses of each prisoner. No compensation shall be allowed under this section for taking the prisoner or prisoners from one place to another in the same county, excepting in counties which have two or more courts with general criminal jurisdiction. In such counties the sheriff shall have the same fees for conveying prisoners from the jail to place of trial as are allowed for conveying prisoners in like cases from one county to another, and the expenses incurred in transporting prisoners from one county to another, occasioned by the insufficiency of the county jail or threatened mob violence, shall be paid by the county in which such case may have originated; provided that the court is held at a place more than five miles from the jail; and no court shall allow the expense of a guard, although it may have actually been incurred, unless from the evidence of disinterested persons it shall be satisfied that a guard was necessary; provided, that when the place of conviction is remote from a railroad, upon which a convicted offender may be transported to the reception and diagnostic center, the court before which such convicted offender is sentenced may, for good cause shown, allow one guard for every two convicted offenders, such guard to receive three dollars a day and the mileage rate prescribed by section 57.290, RSMo, for every mile necessarily traveled in going to and returning from the nearest depot on such railroad to the place where such convicted offender was sentenced.
6. The charges provided in subsection 1 of this section shall be taxed as other costs in criminal procedure immediately after conviction of any defendant in any criminal procedure. The clerk shall tax all the costs in the case against such defendant, which shall be collected and disbursed as provided by sections 488.010 to 488.020; provided, that no such charge shall be collected in any proceeding in any court when the proceeding or the defendant has been dismissed by the court; provided further, that all costs, incident to the issuing and serving of writs of scire facias and of writs of fieri facias, and of attachments for witnesses of defendant, shall in no case be paid by the state, but such costs incurred under writs of fieri facias and scire facias shall be paid by the defendant and such defendant's sureties, and costs for attachments for witnesses shall be paid by such witnesses.
7. Mileage shall be reimbursed to sheriffs, county marshals and guards for all services rendered pursuant to section 57.290, RSMo, at the rate prescribed by the Internal Revenue Service for allowable expenses for motor vehicle use expressed as an amount per mile.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.5323. Every person who shall be committed to the common jail within any county in this state, by lawful authority, for any offense or misdemeanor, if he or she shall be convicted thereof, shall, pursuant to section 221.070, RSMo, bear the expense of carrying him or her to such jail, and also his or her support while in jail, before he or she shall be discharged; and the property of such person shall be subjected to the payment of such expenses, and shall be bound therefor, from the time of his or her commitment, and may be levied on and sold, from time to time, under the order of the court having criminal jurisdiction in the county, to satisfy such expenses.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.5325. 1. If any prisoner confined in the county jail is sick and in the judgment of the jailer requires the attention of a physician, dental care or medicine, the jailer shall procure the necessary medicine, dental care or medical attention necessary or proper to maintain the health of the prisoner. The costs of such medicine, dental care or medical attention shall be paid by the prisoner through any health insurance policy, as defined in subsection 3 of this section, from which the prisoner is eligible to receive benefits. If the prisoner is not eligible for such health insurance benefits then the prisoner shall be liable, pursuant to section 221.120, RSMo, for the payment of such medical attention, dental care or medicine, and the assets of such prisoner may be subject to levy and execution under court order to satisfy such expenses in accordance with the provisions of section 221.070, RSMo, and any other applicable law. The county commission of the county may at times authorize payment of certain medical costs that the county commission determines to be necessary and reasonable. As used in this section, the term "medical costs" includes the actual costs of medicine, dental care or other medical attention and necessary costs associated with such medical care such as transportation, guards and in-patient care.
2. The county commission may, in its discretion, employ a physician by the year to attend such prisoners, and make such reasonable charge for his or her service and medicine, when required, to be taxed and collected as provided by law.
3. As used in this section, the following terms mean:
(1) "Assets", property, tangible or intangible, real or personal, belonging to or due a prisoner or a former prisoner, including income or payments to such prisoner from Social Security, workers' compensation, veterans' compensation, pension benefits, previously earned salary or wages, bonuses, annuities, retirement benefits, compensation paid to the prisoner for work or services performed while a prisoner or from any other source whatsoever, including any of the following:
(a) Money or other tangible assets received by the prisoner as a result of a settlement of a claim against the state, any agency thereof, or any claim against an employee or independent contractor arising from and in the scope of the employee's or contractor's official duties on behalf of the state or any agency thereof;
(b) A money judgment received by the prisoner from the state as a result of a civil action in which the state, an agency thereof or any state employee or independent contractor where such judgment arose from a claim arising from the conduct of official duties on behalf of the state by the employee or subcontractor or for any agency of the state;
(c) A current stream of income from any source whatsoever, including a salary, wages, disability benefits, retirement benefits, pension benefits, insurance or annuity benefits, or similar payments; and
(2) "Health insurance policy", any group insurance policy providing coverage on an expense-incurred basis, any group service or indemnity contract issued by a not for profit health services corporation or any self-insured group health benefit plan of any type or description.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.5327. Pursuant to the provisions of section 513.623, RSMo, the clear proceeds of any sale or disposition after satisfaction of the interest of any innocent party and after payment of the reasonable costs of the CAFA proceeding, including reasonable storage costs as assessed by the court, if any, shall be distributed pursuant to section 7 of article IX of the Constitution of the state of Missouri.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
[561.035.] 488.5332. In all criminal cases including violations of any county ordinance or any violation of criminal or traffic laws of this state, including an infraction, there shall be assessed as costs a surcharge in the amount of fifty cents. No such surcharge shall be collected in any proceeding involving a violation of an ordinance or state law when the proceeding or defendant has been dismissed by the court or when costs are to be paid by the state, county or municipality. Such surcharge shall be collected and disbursed by the clerk of the court as provided by sections 488.010 to 488.020[, RSMo]. Moneys collected from this surcharge shall be payable to the independent living center fund created in section 178.653, RSMo.
EXPLANATION: This section is transferred in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
[577.048.] 488.5334. Upon a plea of guilty or a finding of guilty for an offense of violating the provisions of section 577.010 or 577.012, RSMo, or violations of county or municipal ordinances involving alcohol or drug-related traffic offenses, the court may, in addition to imposition of any penalties provided by law, order the convicted person to reimburse the state or local law enforcement agency which made the arrest for the costs associated with such arrest. Such costs shall include the reasonable cost of making the arrest, including the cost of any chemical test made under [this] chapter 577, RSMo, to determine the alcohol or drug content of the person's blood, and the costs of processing, charging, booking and holding such person in custody. The state and each local law enforcement agency may establish a schedule of such costs; however, the court may order the costs reduced if it determines that the costs are excessive.
EXPLANATION: This section is transferred in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
[590.140.] 488.5336. 1. A surcharge of two dollars may be assessed as costs in each criminal case involving violations of any county ordinance or a violation of any criminal or traffic laws of the state, including infractions, or violations of municipal ordinances, provided that no such fee shall be collected in any proceeding in any court when the proceeding or defendant has been dismissed by the court or when costs are to be paid by the state, county or municipality. For violations of the general criminal laws of the state or county ordinances, no such surcharge shall be collected unless it is authorized by the county government where the violation occurred. For violations of municipal ordinances, no such surcharge shall be collected unless it is authorized by the municipal government where the violation occurred. Any such surcharge shall be authorized by the county or municipality and written notice given to the supreme court of such authorization prior to December first of the year preceding the state fiscal year during which such surcharge is to be collected and disbursed in the manner provided by sections 488.010 to 488.020[, RSMo]. If imposed by a municipality, such surcharges shall be collected by the clerk of the municipal court responsible for collecting court costs and fines and shall be transmitted monthly to the treasurer of the municipality where the violation occurred in cases of violations of municipal ordinances. If imposed by a county, such surcharges shall be collected and disbursed as provided in sections 488.010 to 488.020[, RSMo]. Such surcharges shall be payable to the treasurer of the county where the violation occurred in the case of violations of the general criminal laws of the state or county ordinances. An additional surcharge in the amount of one dollar shall be assessed as provided in this section, and shall be collected and disbursed as provided in sections 488.010 to 488.020[, RSMo,] and payable to the state treasury to the credit of the peace officer standards and training commission fund created in section 590.178, RSMo. Such surcharges shall be in addition to the court costs and fees and limits on such court costs and fees established by section 66.110, RSMo, and section 479.260, RSMo.
2. Each county and municipality shall use all funds received under this section only to pay for the training required as provided in sections 590.100 to 590.180, RSMo, or for the training of county coroners and their deputies. No county or municipality shall retain more than one thousand five hundred dollars of such funds for each certified law enforcement officer, candidate for certification employed by that agency or a coroner and the coroner's deputies. Any excess funds shall be transmitted quarterly to the general revenue fund of the county or municipality treasury which assessed the costs.
EXPLANATION: This section is transferred in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.5339. 1. There is created in section 595.045, RSMo, the crime victims' compensation fund. A surcharge of five dollars shall be assessed pursuant to section 595.045, RSMo, as costs in each court proceeding filed in any court in the state in all criminal cases including violations of any county ordinance or any violation of criminal or traffic laws of the state, including an infraction and violation of a municipal ordinance; except that no such fee shall be collected in any proceeding in any court when the proceeding or the defendant has been dismissed by the court or when costs are to be paid by the state, county or municipality. A surcharge of five dollars shall be assessed pursuant to section 595.045, RSMo, as costs in a juvenile court proceeding in which a child is found by the court to come within the applicable provisions of subdivision (3) of subsection 1 of section 211.031, RSMo.
2. Notwithstanding any other provision of law to the contrary, the moneys collected by clerks of the courts pursuant to the provisions of subsection 1 of this section shall be collected and disbursed in accordance with sections 488.010 to 488.020.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.5342. When a prosecutor is unable to appear in court as provided in sections 56.110 and 56.120, RSMo, the person appointed shall possess the same power as the proper officer would if he or she was present and shall receive a reasonable fee pursuant to the provisions of section 56.130, RSMo, for each case prosecuted to be fixed by the court and to be taxed and paid as other costs in criminal cases.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.5345. In case of any prisoner confined in any jail in this state on a charge of felony being in want of needful and necessary clothing, it shall be the duty of the jailer to procure the same, and to present his or her account therefor to the court having criminal jurisdiction for the county; and on such court being satisfied of the correctness of such account, shall certify the same for payment as provided in section 221.140, RSMo, as other costs in criminal cases, to the state auditor.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.5347. Any person or any officer in a corporation, partnership or association required by law to make, render, sign or verify any return who makes any false or fraudulent return or statement, with intent to defeat or evade the assessment required by sections 137.485 to 137.550, RSMo, to be made, shall upon conviction be fined pursuant to section 137.545, RSMo, not to exceed five hundred dollars, or be imprisoned not to exceed one year, or both, at the discretion of the court, with the cost of prosecution. Any corporation, partnership or association rendering a false or fraudulent return is liable, pursuant to section 137.545, RSMo, to a penalty of not less than one hundred dollars and not to exceed five thousand dollars, at the discretion of the court, with the costs of prosecution.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.5349. Any person who willfully makes a false corporation franchise tax report, or who willfully makes a false statement in any report under oath or otherwise filed with or transmitted to the director of revenue relating to the amount of any franchise tax due pursuant to sections 147.010 to 147.120, RSMo, shall, in addition to other penalties provided by law and upon conviction thereof, be fined pursuant to section 147.120, RSMo, not more than ten thousand dollars, or be imprisoned in the county jail for not more than one year or by not less than two nor more than five years in the state penitentiary or by both fine and imprisonment together with the cost of prosecution.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.5352. Any parent, guardian or other person having charge, control or custody of a child, who violates the provisions of section 167.031, RSMo, regarding compulsory school attendance, is guilty of a class C misdemeanor. Upon conviction and pending any judicial appeal, the defendant shall be required to enroll the child in a public, private, parochial, parish or home school within three public school days, after which each successive school day shall constitute a separate violation of section 167.031, RSMo. The fine or imprisonment, or both, may be suspended and finally remitted by the court, with or without the payment of costs, at the discretion of the court, pursuant to section 167.061, RSMo.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.5355. Costs of HIV testing shall be taxed pursuant to section 191.663, RSMo, to the defendant as costs in the criminal proceeding. Such testing costs may be retained by the court from the bond filed by the defendant pursuant to subsection 4 of section 191.663, RSMo. Costs of such HIV testing for juveniles may be collected as provided for in section 211.281, RSMo.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.5356. The costs and expenses necessarily incurred in the change of venue pursuant to section 545.620, RSMo, shall be adjusted and allowed by the court wherein the cause is tried, and shall be taxed as other costs in such cause.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.5358. The court administrator of the sixteenth judicial circuit shall, pursuant to section 478.466, RSMo, charge and collect a surcharge of thirty dollars in all proceedings assigned to the drug commissioner for disposition, provided that the surcharge shall not be charged in any proceeding when costs are waived or are to be paid by the state, county or municipality. Moneys obtained from such surcharge shall be collected and disbursed in the manner provided by sections 488.010 to 488.020 and payable to the drug commissioner for operation of the drug court.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.6500. 1. If any fourth class city, pursuant to section 79.383, RSMo, shall enact an ordinance allowing for a civil cause of action for abatement of nuisances created by the accumulation of unsightly, dangerous or noxious personal property within the borders of such city, the city may, upon successful prosecution of such cause of action, be awarded by the court reasonable attorney's fees incurred in such action.
2. This section shall not be construed to allow any award of attorney's fees in any municipal court hearing on criminal charges or traffic violations.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.6525. The judge shall, pursuant to section 88.053, RSMo, allow the commissioners and court officials reasonable compensation for their services, which, together with all other costs accruing up to and including confirmation of the commissioners' report, shall be paid by the city. All costs accruing after such time shall be paid by the losing party.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.6540. 1. Fees shall be allowed for services rendered under the provisions of the municipal land reutilization law, sections 92.700 to 92.920, RSMo, as follows:
(1) To the collector, two percent on all sums collected and twenty-five cents per tract for making the back tax books;
(2) To the circuit clerk, sheriff and printer, such fees as are allowed by law for like services in civil cases.
2. Such fees shall be taxed as costs and collected from the person redeeming such tract or from the proceeds of sale.
3. Any court costs collected pursuant to section 92.863, RSMo, shall be apportioned among the respective taxing authorities on a pro rata basis.
4. If any party redeems any parcel of real estate from the lien of any tax bill, such party shall, in addition to all other amounts then due, including principal, interest, attorney's fees and costs, also pay costs to the collector as follows:
(1) Fifty cents per parcel of real estate for issuance of certificate of redemption;
(2) One dollar per parcel of real estate, if notice of publication has been commenced;
(3) An additional one dollar per parcel of real estate if notice of sheriff's foreclosure sale has been commenced.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
[479.260.] 488.6543. 1. Municipalities by ordinance may provide for fees in an amount per case to be set pursuant to sections 488.010 to 488.020[, RSMo,] for each municipal ordinance violation case filed before a municipal judge, and in the event a defendant pleads guilty or is found guilty, the judge may assess costs against the defendant except in those cases where the defendant is found by the judge to be indigent and unable to pay the costs. The fees authorized in this subsection are in addition to service charges, witness fees and jail costs that may otherwise be authorized to be assessed, but are in lieu of other court costs. The fees provided by this subsection shall be collected by the municipal division clerk in municipalities electing or required to have violations of municipal ordinances tried before a municipal judge pursuant to section 479.020, RSMo, or to employ judicial personnel pursuant to section 479.060, RSMo, and disbursed as provided in subsection 1 of section 479.080, RSMo. Any other court costs required in connection with such cases shall be collected and disbursed as provided in sections 488.010 to 488.020[, RSMo]; provided that, each municipal court may establish a judicial education fund in an account under the control of the municipal court to retain one dollar of the fees collected on each case and to use the fund only to pay for:
(1) The continuing education and certification required of the municipal judges by law or supreme court rule; and
(2) Judicial education and training for the court administrator and clerks of the municipal court.
Provided further, that no municipal court shall retain more than one thousand five hundred dollars in the fund for each judge, administrator or clerk of the municipal court. Any excess funds shall be transmitted quarterly to the general revenue fund of the county or municipal treasury.
2. In municipal ordinance violation cases which are filed in the associate circuit division of the circuit court, fees shall be assessed in each case in an amount to be set pursuant to sections 488.010 to 488.020[, RSMo]. In the event a defendant pleads guilty or is found guilty, the judge shall assess costs against the defendant except in those cases where the defendant is found by the judge to be indigent and unable to pay the costs. In the event a defendant is acquitted or the case is dismissed, the judge shall not assess costs against the municipality. The costs authorized in this subsection are in addition to service charges, witness fees and jail costs that may otherwise be authorized to be assessed, but are in lieu of other court costs. The costs provided by this subsection shall be collected by the municipal division clerk in municipalities electing or required to have violations of municipal ordinances tried before a municipal judge pursuant to section 479.020, RSMo, or to employ judicial personnel pursuant to section 479.060, RSMo, and disbursed as provided in subsection 2 of section 479.080, RSMo. Any other court costs required in connection with such cases shall be collected and disbursed as provided in sections 488.010 to 488.020[, RSMo].
3. A municipality, when filing cases before an associate circuit judge, shall not be required to pay fees.
4. No fees for a judge, city attorney or prosecutor shall be assessed as costs in a municipal ordinance violation case.
5. In municipal ordinance violation cases, when there is an application for a trial de novo, there shall be an additional fee in an amount to be set pursuant to sections 488.010 to 488.020[, RSMo,] which shall be assessed in the same manner as provided in subsection 2 of this section.
6. Municipalities by ordinance may provide for a schedule of costs to be paid in connection with pleas of guilty which are processed in a traffic violations bureau. If a municipality files its municipal ordinance violation cases before a municipal judge, such costs shall not exceed the court costs authorized by subsection 1 of this section. If a municipality files its municipal ordinance violations cases in the associate circuit division of the circuit court, such costs shall not exceed the court costs authorized by subsection 2 of this section.
EXPLANATION: This section is transferred in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.6545. Notwithstanding any provision of subsection 1 of section 71.015, RSMo, for any annexation by any city with a population of three hundred fifty thousand or more inhabitants which is located in more than one county that becomes effective after August 28, 1994, if such city has not provided water and sewer service to such annexed area within three years of the effective date of the annexation, a cause of action shall lie for deannexation, unless the failure to provide such water and sewer service to the annexed area is made unreasonable by an act of God. The cause of action for deannexation may be filed in the circuit court by any resident of the annexed area who is presently residing in the area at the time of the filing of the suit and was a resident of the annexed area at the time the annexation became effective. If the suit for deannexation is successful, the city shall be liable pursuant to section 71.015, RSMo, for all court costs and attorney fees.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.6547. In any condemnation of property for street railways, pursuant to section 71.590, RSMo, the costs of the proceedings up to and including the filing of the commissioners' report shall be paid by the corporation, but all costs caused by any subsequent litigation shall be paid by the losing party. All damage found by the commissioners shall, within thirty days after filing their report, be paid to the owners of the property damaged, or into court for them, by the corporation, and if the same is not so paid, the railroad shall not be constructed.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.6549. In any constitutional charter city all costs associated with the seizure, towing, storage and impoundment of a vehicle forfeited pursuant to section 82.1000, RSMo, and the payment of all court costs and reasonable attorney fees associated with the forfeiture proceeding shall be paid by the owners or the operator of the vehicle. To be entitled to return of the vehicle all owners shall execute a written agreement with the municipality stipulating and consenting to the seizure and forfeiture of the motor vehicle in the event such motor vehicle is subsequently operated by the same operator under circumstances which would allow the municipality to seek forfeiture of such vehicle pursuant to an ordinance authorized by section 82.1000, RSMo.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.6551. In all cases where the proper authorities in any city in this state have graded or regraded, or may hereafter grade or change the grade or lines of any street or alley, or in any way alter or enlarge the same, or construct any public improvement, thereby causing damage to private property for public use, within the meaning of section 26 of article I of the state constitution, without the consent of the owner of such property, or in case they fail to agree with the owner thereof for the proper compensation for the damages so done, or likely to be done or sustained by reason thereof, or if by reason of the legal incapacity of such owner, no such compensation can be agreed upon, the circuit court having jurisdiction over the territory embraced in such city on application by petition, either by the city authorities or the owner of the property for which damage is claimed, or any one on behalf of either, shall appoint three disinterested residents of such city, who shall meet upon the premises at a time by them to be appointed, of which they shall give personal notice to the owners, or their agents, of the land affected, if they can be found, as well as five days' notice by advertisement in the newspaper doing the city printing; and the commissioners, having first been duly sworn to perform their duties justly and impartially, and a true report to make, shall view the street or alley or improvement and premises affected by the change or enlargement or construction thereof, having due regard to and making just allowances for the advantages which have resulted or which may seem likely to result to the owner or owners of property for which damages may be allowed or claimed, and after such comparison shall estimate and determine whether any, and if any, how much damages such property may have sustained, or seems likely to sustain by reason thereof, and make report of the same, and if no exceptions be filed within ten days thereafter, or in the event exceptions are filed and overruled, the court shall confirm the report and enter judgment thereon with costs.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.6553. In any action brought pursuant to section 88.814, RSMo, on any special tax bill the court may correct any error in the amount of the tax bill, and in any case where it is shown that the work done was not as good as required by the contract, the court may give judgment for the reasonable value of the work chargeable against the land described in the special tax bill; and in all actions to enforce any special tax bill the court shall, pursuant to section 88.814, RSMo, fix and allow a reasonable attorney fee to the plaintiff's attorney for his or her services in the prosecution of such action and tax the same as costs in the proceeding.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.6555. In any suit for the foreclosure of a special tax lien, the judgment shall be special, that the plaintiff recover, pursuant to section 88.861, RSMo, the amount found due, including interest, together with the costs, including a reasonable attorney fee, to be levied and made on the land described in the tax bill or liable for the special tax, and a special execution shall issue to sell the land to pay any judgment, interest and cost. The judgment, exclusive of costs, shall bear interest at the same rate as the special tax.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.6557. Any person or persons jointly or severally aggrieved by any decision of the board of adjustment, any neighborhood organization as defined in section 32.105, RSMo, representing such person or persons or any officer, department, board or bureau of the municipality may, pursuant to section 89.110, RSMo, present to the circuit court of the county or city in which the property affected is located a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Costs shall not be allowed against the board unless it shall appear to the court that it acted with gross negligence, or in bad faith, or with malice in making the decision appealed from.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.6561. 1. Pursuant to the provisions of section 89.491, RSMo, any person or neighborhood organization as defined in section 32.105, RSMo, aggrieved by a violation described in this subsection may commence a civil action on his or her own behalf against any person who is alleged to be in violation of the provisions of chapter 64, RSMo, or chapter 89, RSMo, or in violation of any standard, regulation or ordinance which has been adopted by any county or city pursuant to chapter 64, RSMo, or chapter 89, RSMo.
2. The appropriate circuit court, in issuing any final order in any action brought pursuant to section 89.491, RSMo, shall award costs of litigation, including reasonable attorney's fees, to the prevailing party.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.6564. If suit shall have been commenced pursuant to section 92.715, RSMo, against any tract of land or town lot for the collection of taxes, the person desiring to redeem any such land before judgment, in addition to the original tax, interest and costs including attorney's fee accruing pursuant to section 92.715, RSMo, shall pay to the city collector all necessary costs incurred in the court where the suit is pending, and the city collector shall account to the clerk of the court in which such suit is filed for the court costs so collected.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.6567. In a suit for foreclosure of tax liens pursuant to section 92.740, RSMo, the petition shall conclude with a prayer that all tax liens upon such real estate be foreclosed; that the court determine the amounts and priorities of all tax bills, together with interest, penalties, costs and attorney's fees; that the court order such real estate to be sold by the sheriff at public sale as provided by sections 92.700 to 92.920, RSMo, and that thereafter a report of such sale be made by the sheriff to the court for further proceedings under the provisions of sections 92.700 to 92.920, RSMo.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.6569. 1. The sale of land for tax liens pursuant to section 92.825, RSMo, shall be conducted, the sheriff's return thereof made, and the sheriff's deed pursuant to the sale executed, all as provided in the case of sales of real estate taken under execution except as otherwise provided in sections 92.700 to 92.920, RSMo, and provided that such sale need not occur during the term of court or while the court is in session.
2. Such sale shall convey the whole interest of every person having or claiming any right, title or interest in or lien upon such real estate, whether such person has answered or not, subject to rights-of-way thereon of public utilities upon which tax has been otherwise paid, and subject only to the tax lien thereon, if any, of the United States of America.
3. The collector shall advance from current tax collections the sums necessary to pay for the publication of all advertisements required by the provisions of sections 92.700 to 92.920, RSMo, and shall be allowed credit therefor in his or her accounts with the taxing authorities on a pro rata basis. He or she shall give credit in such accounts for all such advances recovered by him or her. Such expenses of publication shall be apportioned pro rata among and taxed as costs against the respective parcels of real estate described in the judgment; provided, however, that none of the costs herein enumerated, including the costs of publication, shall constitute any lien upon the real estate after such sale.
4. The purchaser at a sale conducted by the sheriff shall pay cash immediately at the end of bidding of each parcel on the day of the sale in an amount including all taxes due and owing and other costs as otherwise provided by law.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.6572. 1. In any land sale pursuant to section 92.830, RSMo, in the event no bid equal to the full amount of all tax bills included in the judgment, interest, penalties, attorney's fees and costs then due thereon shall be received at the sale, the land reutilization authority shall be deemed to have bid the full amount of all tax bills included in the judgment, interest, penalties, attorney's fees and costs then due, and if no other bid be then received by the sheriff in excess of the bid of the land reutilization authority and the sheriff shall so announce at the sale, then the bid of the land reutilization authority shall be announced as accepted. The sheriff shall report any such bid or bids so made by the land reutilization authority in the same way as his or her report of other bids is made.
2. Upon confirmation by the court of such bid at such sale by such land reutilization authority, and upon notification by the sheriff, the collector shall mark the tax bills so bid by the land reutilization authority as "canceled by sale to the land reutilization authority" and shall take credit for the full amount of such tax bills, including principal amount, interest, penalties, attorney's fees and costs, on his or her books and his or her statements with any other taxing authorities.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.6575. 1. As provided in section 92.840, RSMo, pursuant to municipal land reutilization law, after the sheriff sells any parcel of real estate, the court shall, upon its own motion or upon motion of any interested party, set the cause down for hearing to confirm the foreclosure sale of the real estate.
2. If the sale is confirmed, the court shall order the proceeds of the sale applied in the following order:
(1) To the payment of the costs of the publication of the notice of foreclosure and of the sheriff's foreclosure sale;
(2) To the payment of all costs including appraiser's fee and attorney's fees;
(3) To the payment of all tax bills adjudged to be due in the order of their priority, including principal, interest and penalties thereon.
If, after such payment, there is any sum remaining of the proceeds of the sheriff's foreclosure sale, the court shall thereupon try and determine the other issues in the suit in accordance with section 92.775, RSMo. If any answering parties have specially appealed as provided in section 92.845, RSMo, the court shall retain the custody of such funds pending disposition of such appeal, and upon disposition of such appeal shall make such distribution. If there are not sufficient proceeds of the sale to pay all claims in any class described, the court shall order the same to be paid pro rata in accordance with the priorities.
3. If there are any funds remaining of the proceeds after the sheriff's sale and after the distribution of such funds as set out in this section and no person entitled to any such funds, whether or not a party to the suit, shall, within two years after such sale, appear and claim the funds, they shall be distributed to the appropriate taxing authorities.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.6578. In all prosecutions under sections 106.220 to 106.290, RSMo, to remove county and municipal officers, the costs provided for pursuant to section 106.280, RSMo, shall be taxed against and paid by the county in which such proceedings originated. The fee of any prosecuting attorney, as provided for in sections 106.220 to 106.290, RSMo, shall be a reasonable one, fixed by the court, and payable out of the county treasury.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.6580. If, upon the trial of any elected or appointed official pursuant to the provisions of sections 106.230 to 106.290, RSMo, the defendant be acquitted, the complainant shall be adjudged to pay all costs, and upon motion for that purpose, filed before such cause shall be called for trial, the court may compel him or her to give security for payment of the same, and in default thereof may dismiss the complaint, except that in cases where the complaint is filed officially, no security for costs shall be required, and no costs adjudged against the complainant; but the same shall be paid by the county in case of acquittal, and by the defendant in case of conviction.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.6583. In any class action brought pursuant to section 137.073, RSMo, the court, in addition to the relief requested, shall assess against the taxing authority found to be in violation of section 137.073, RSMo, the reasonable costs of bringing the action, including reasonable attorney's fees, provided no attorney's fees shall be awarded any attorney or association of attorneys who receive public funds from any source for their services.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.6585. Any first class charter county or a city not within a county may, pursuant to section 138.434, RSMo, require by ordinance or charter the reimbursement to a taxpayer for the amount of just and reasonable appraisal costs, attorney fees and court costs resulting from an evidentiary hearing before the state tax commission or a court of competent jurisdiction if such appeal results in a final decision reducing the appraised value of residential property by at least fifteen percent or the appraised value of utility, industrial railroad and other subclass three property by at least twenty-five percent from the appraised value determined by the board of equalization for that tax year. The commission or court awarding such fees and costs pursuant to section 138.434, RSMo, shall consider the reasonableness of the fees and costs within the context of the particular case. Such fees and costs pursuant to section 138.434, RSMo, shall not exceed one thousand dollars for a residential property appeal. Such fees and costs pursuant to section 138.434, RSMo, for utility, industrial railroad or other subclass three property appeals shall not exceed the lesser of four thousand dollars or twenty-five percent of the tax savings resulting from the appeal. The provisions of section 138.434, RSMo, shall only apply to the first contested year when cases are tried on a consolidated basis.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.6587. In case the purchaser fails to pay his or her bid for the sale of land for delinquent taxes pursuant to section 140.280, RSMo, the land shall be again forthwith offered for sale the same as if no sale had been made, and the purchaser so failing shall, pursuant to section 140.280, RSMo, forfeit and pay for the use of the distributive county school fund of the county a penalty of twenty-five percent of the amount of his or her bid, to be recovered by action of debt in the name of the collector, before any court having jurisdiction, and the prosecuting attorney shall conduct such suit, and for his or her services a fee of five dollars as provided in section 140.280, RSMo, shall be taxed against such delinquent purchaser.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.6589. Every person holding a lien upon any real estate in this state by virtue of any illegal or invalid tax deed, shall, as provided in section 140.560, RSMo, upon the payment or tender to him or her by the owner or any person having an interest in such real estate, of the full amount of such lien, together with the sum of one dollar and twenty-five cents, and together with any sum that may be due him or her as an occupying claimant, make, execute and acknowledge before some officer authorized to take acknowledgment of deeds, and deliver to the person making such payment or tender a deed of release, releasing to the owner of such real estate all claims the holder of such invalid tax deed has on such real estate on account of such tax deed; and upon the failure of the holder of such lien to execute such deed of release as provided for in section 140.560, RSMo, after demand, he or she shall be subject to an action in any court of competent jurisdiction to quiet the title of such real estate as against such lien, in favor of the person making such payment or tender, and shall be liable in such action for all costs accruing therein including a reasonable fee for the plaintiff's attorney in such action.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.6591. The collectors of counties of the first classification, except counties of the first classification not having a charter form of government, shall, pursuant to section 141.010, RSMo, proceed to collect the taxes contained in the back tax book or recorded list of the delinquent land and lots in the collector's office as required by section 141.010, RSMo, and any person interested in or the owner of any tract of land or lot contained in the back tax book or in the recorded list of delinquent lands and lots in the collector's office may redeem such tract of land or town lot, or any part thereof, from the state's or county's lien thereon, by paying to the proper collector as provided in section 141.010, RSMo, the amount of the original taxes, as charged against such tract of land or town lot described in the back tax book or recorded list of delinquent lands and lots in the collector's office, together with interest on the same from the day upon which such tax first became delinquent at the rate of ten percent per annum and the costs until January 1, 1983, and beginning on January 1, 1983, at the rate of eighteen percent per annum and the costs; except that, if the suit has been commenced against any person owing taxes on any tract of land or town lot contained in such back tax book or recorded list of delinquent land and lots in the collector's office, for the collection of taxes due on the same, the person desiring to redeem any such tract of land or town lot before judgment shall, in addition to the original tax, the interest and costs, including attorney's fee accruing pursuant to sections 141.010 to 141.160, RSMo, pay the county collector, as provided in section 141.010, RSMo, all necessary costs incurred in the court where the suit is pending, and the county collector shall account to the clerk of the court in which such suit is filed for the court costs so collected.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.6593. Fees shall be allowed, pursuant to section 141.150, RSMo, for services rendered under the provisions of sections 141.010 to 141.160, RSMo, as follows:
(1) To the collector two percent on all sums collected; such percent to be taxed as costs and collected from the party redeeming, or from the proceeds of sale, as provided in section 141.150, RSMo;
(2) To the collector for making the back tax book, twenty-five cents per tract, to be taxed as costs and collected from the party redeeming such tract;
(3) To the collector, attorney's fees in the sum of five percent of the amount of taxes actually collected and paid into the treasury after judgment is obtained or if such taxes are paid before judgment, but after suit is instituted, two percent on all sums collected and paid into the treasury; and an additional sum in the amount of two dollars for each suit instituted pursuant to the provisions of sections 141.010 to 141.160, RSMo, where publication is not necessary, and in the amount of five dollars for each suit where publication is necessary, which sums shall be taxed and collected as other costs;
(4) To the circuit clerk, associate circuit judge, sheriff and printer, such fees as are allowed by law for like services in civil cases, which shall be taxed as costs in the case; provided, that in no case shall the state or county be liable for any such costs, nor shall the county commission or state auditor or commissioner of administration allow any claim for any costs incurred by the provisions of this law; provided further, that all fees collected shall be accounted for and all fees collected, except those allowed the printer, shall be paid to the county treasurer at such times and in the manner as otherwise provided by law.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.6595. 1. Upon the trial of the cause upon the question of foreclosure pursuant to section 141.480, RSMo, the tax bill, whether general or special, issued by any taxing authority shall be prima facie proof that the tax described in the tax bill has been validly assessed at the time indicated by the tax bill and that the tax is unpaid. Absent any answer the court shall take the allegations of the petition as confessed. Any person alleging any jurisdictional defect or invalidity in the tax bill or in the sale thereof must particularly specify in his or her answer the defect or basis of invalidity, and must, upon trial, affirmatively establish such defense.
2. Prior to formal hearing, the court may conduct an informal hearing for the purpose of clarifying issues, and shall attempt to reach an agreement with the parties upon a stipulated statement of facts. The court shall hear the evidence offered by the collector or relator as the case may be, and by all answering parties, and shall determine, pursuant to the provisions of section 141.480, RSMo, the amount of each and every tax bill proved by the collector or any answering party, together with the amount of interest, penalties, attorney's fees and costs accruing upon each tax bill and the date from which interest began to accrue upon each tax bill and the rate thereof. The court shall hear evidence and determine every issue of law and of fact necessary to a complete adjudication of all tax liens asserted by any and every pleading, and may also hear evidence and determine any other issue of law or fact affecting any other right, title or interest in or to, or lien upon, such real estate, sought to be enforced by any party to the proceeding against any other party to the proceeding who has been served by process or publication as authorized by law, or who has voluntarily appeared, and shall determine the order and priority of the liens and of any other rights or interest put in issue by the pleadings.
3. After the court has first determined the validity of the tax liens of all tax bills affecting parcels of real estate described in the petition, the priorities of the respective tax bills and the amounts due thereon, pursuant to the provisions of section 141.480, RSMo, including principal, interest, penalties, attorney's fees and costs, the court shall thereupon enter judgment of foreclosure of such liens and fix the time and place of the foreclosure sale. The petition shall be dismissed as to any parcel of real estate redeemed prior to the time fixed for the sheriff's foreclosure sale as provided in sections 141.210 to 141.810, RSMo. If the parcel of real estate auctioned off at sheriff's foreclosure sale is sold for a sum sufficient to fully pay the principal amount of all tax bills included in the judgment, together with interest, penalties, attorney's fees and costs, as provided in section 141.480, RSMo, and for no more, and such sale is confirmed by the court, then all other proceedings as to such parcels of real estate shall be finally dismissed as to all parties and interests other than tax bill owners or holders; provided, however, that any parties seeking relief other than an interest in or lien upon the real estate may continue with such suit to a final adjudication of such other issues; provided, further, an appeal may be had as to any claim attacking the validity of the tax bill or bills or the priorities as to payment of proceeds of foreclosure sale. If the parcel of real estate auctioned off at sheriff's foreclosure sale is sold for a sum greater than the total amount necessary to pay the principal amount of all tax bills included in the judgment, together with interest, penalties, attorney's fees and costs provided in section 141.480, RSMo, and such sale is confirmed by the court, and no appeal is taken by any person claiming any right, title or interest in or to or lien upon such parcel of real estate or by any person or taxing authority owning or holding or claiming any right, title or interest in or to any tax bills within the time fixed by law for the filing of notice of appeal, the court shall thereupon order the sheriff to make distribution to the owners or holders of the respective tax bills included in the judgment of the amounts found to be due and in the order of priorities. Thereafter all proceedings in the suit shall be ordered by the court to be dismissed as to such persons or taxing authorities owning, holding or claiming any right, title or interest in any such tax bill or bills so paid, and the case shall proceed as to any parties claiming any right, title or interest in or lien upon the parcel of real estate affected by such tax bill or bills as to their respective claims to such surplus funds then remaining in the hands of the sheriff.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.6597. After the trial of the issues, pursuant to section 141.500, RSMo, the court shall, as promptly as circumstances permit, render judgment. If the court finds that no tax bill upon the land collectible by the collector or the relator was delinquent when the suit was instituted or tried, then the judgment of the court shall be that the cause be dismissed as to the parcels of real estate described in the tax bill; or, if the evidence warrant, the judgment may be, pursuant to section 141.500, RSMo, for the principal amount of the delinquent tax bills upon the real estate upon which suit was brought, together with interest, penalties, attorney's fees and appraiser's fees and costs computed as of the date of the judgment. The judgment may recite pursuant to section 141.500, RSMo, the amount of each tax bill, the date when it began to bear interest, and the rate of such interest, together with the rate and amount of penalties, attorney's fees and appraiser's fees not to exceed fifteen dollars. It may decree that the lien upon the parcels of real estate described in the tax bill be foreclosed and such real estate sold by the sheriff, and the cause shall be continued for further proceedings, as provided in section 141.500, RSMo.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.6599. 1. The collector, any party, or anyone on behalf of any disabled person as defined in chapter 475, RSMo, may, pursuant to section 141.510, RSMo, appeal from the judgment of foreclosure. Such appeal must be taken within twenty days after the date of such judgment.
2. The collector, any taxing authority and anyone appealing on behalf of a disabled person may appeal without giving bond. The appeal of no other party shall be allowed unless such party gives a bond which shall be approved by the court. Bond required by section 141.510, RSMo, shall be in a penal sum to be fixed by the court and shall be conditioned that the appellant will prosecute his or her appeal with effect and without delay and that he or she will make good all damages and costs incurred by the appeal, including costs incurred by any party in printing briefs on appeal.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.6601. 1. Except as otherwise provided in section 141.520, RSMo, during such waiting period and at any time prior to the time of foreclosure sale by the sheriff, any interested party may redeem any parcel of real estate as provided by chapter 141, RSMo. During such waiting period and at any time prior to the time of foreclosure sale by the sheriff, the collector may, pursuant to section 141.530, RSMo, at the option of the party entitled to redeem, enter into a written redemption contract with any such party interested in any parcel of real estate, providing for payment in installments, monthly or bimonthly, of the delinquent tax bills, including interest, penalties, attorney's fees and costs charged against such parcel of real estate, provided, however, that in no instance shall such installments exceed twelve in number or extend more than twenty-four months next after any agreement for such installment payments shall have been entered into; provided further, that upon good cause being shown by the owner of any parcel of real estate occupied as a homestead, or in the case of improved real estate with an assessed valuation of not more than three thousand five hundred dollars, owned by an individual, the income from such property being a major factor in the total income of such individual, or by anyone on his or her behalf, the court may, in its discretion, fix the time and terms of payment in such contract to permit all of such installments to be paid within not longer than forty-eight months after any order or agreement as to installment payments shall have been made.
2. So long as such installments be paid according to the terms of the contract, such six months' waiting period shall be extended, but if any installment be not paid when due, the extension of such waiting period shall be ended without notice, and the real estate shall forthwith be advertised for sale or included in the next notice of sheriff's foreclosure sale.
3. No redemption contracts may be used pursuant to section 141.530, RSMo, for residential property which has been vacant for at least six months in any municipality contained wholly or partially within a county with a population of over six hundred thousand and less than nine hundred thousand.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.6604. 1. In the case of sales of real estate taken under execution as provided in sections 141.210 to 141.810, RSMo, the following provisions shall apply to any sale pursuant to section 141.550, RSMo, of property located within any municipality contained wholly or partially within a county with a population of over six hundred thousand and less than nine hundred thousand:
(1) The sale shall be held on the day for which it is advertised, between the hours of nine o'clock a.m. and five o'clock p.m. and continued day to day thereafter to satisfy the judgment as to each respective parcel of real estate sold;
(2) The sale shall be conducted publicly, by auction, for ready money. The highest bidder shall be the purchaser unless the highest bid is less than the full amount of all tax bills included in the judgment, interest, penalties, attorney's fees and costs then due thereon. No person shall be eligible to bid at the time of the sale if that person is the owner of any parcel of real estate in the county which is affected by a tax bill which has been delinquent for more than six months.
2. Such sale shall convey the whole interest of every person having or claiming any right, title or interest in or lien upon such real estate, whether such person has answered or not, subject to rights-of-way thereon of public utilities upon which tax has been otherwise paid, and subject to the lien thereon, if any, of the United States of America.
3. The collector shall advance the sums necessary to pay for the publication of all advertisements required by sections 141.210 to 141.810, RSMo, and shall be allowed credit therefor in his or her accounts with the county. He or she shall give credit in such accounts for all such advances recovered by him or her. Such expenses of publication shall be apportioned pro rata among and taxed as costs against the respective parcels of real estate described in the judgment; provided, however, that none of the costs herein enumerated, including the costs of publication, shall constitute any lien upon the real estate after such sale.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.6607. If the sale of property by the sheriff pursuant to section 141.580, RSMo, is confirmed, the court shall order, pursuant to section 141.580, RSMo, the proceeds of the sale applied in the following order:
(1) To the payment of the costs of the publication of the notice of foreclosure and of the sheriff's foreclosure sale;
(2) To the payment of all costs including appraiser's fee not to exceed fifteen dollars and attorney's fees;
(3) To the payment of all tax bills adjudged to be due in the order of their priority, including principal, interest and penalties thereon.
If, after such payment, there is any sum remaining of the proceeds of the sheriff's foreclosure sale, the court shall thereupon try and determine the other issues in the suit in accordance with section 141.480, RSMo. If any answering parties have specially appealed as provided in section 141.570, RSMo, the court shall retain the custody of such funds pending disposition of such appeal, and upon disposition of such appeal shall make such distribution. If there are not sufficient proceeds of the sale to pay all claims in any class described, the court shall order the same to be paid pro rata in accordance with the priorities.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.6609. 1. In addition to all amounts due on any tax bill, in first class charter counties pursuant to section 141.620, RSMo, including principal, interest, penalties, attorney's fees and costs, as now fixed by law, there shall be imposed and charged as a part of the costs pursuant to section 141.620, RSMo, on each such tax bill a suit penalty of five percent of the principal amount of the tax bill to be due to the collector upon the filing of the petition with the circuit clerk.
2. The collector shall set up a separate fund in his or her accounts to which he or she shall credit such five percent suit penalties when paid, together with all other penalties and costs recovered pursuant to section 141.620, RSMo, and shall retain such portion thereof as may be needed for the purpose of paying the expenses and costs required to be advanced under sections 141.210 to 141.810, RSMo, including compensation to the delinquent land tax attorney, his or her assistants, and stenographic and clerical help, and funds for the costs of publication, notices, for court costs, sheriff's expenses and other costs hereunder, and shall transfer the remainder of such funds annually, on January first of each year, to the land trustees for the use and expenses of the land trust.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.6612. Attorney's fees charged pursuant to section 141.630, RSMo, against each delinquent tax bill or parcel of real estate in any action brought under sections 141.210 to 141.810, RSMo, shall be in the sum of five percent of the amount of taxes actually collected and paid into the treasury after judgment is obtained or if such taxes are paid before judgment, but after suit is instituted, two percent of all sums collected and paid into the treasury; and an additional sum in the amount of five dollars for each suit where publication is necessary, which amounts shall be taxed and collected as other costs.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.6614. 1. All costs, including costs of publishing any notices, and any court costs shall, pursuant to section 141.650, RSMo, be apportioned among the respective tax bills on a pro rata basis.
2. If any party redeems any parcel of real estate from the lien of any tax bill, such party shall, in addition to all other amounts then due, including principal, interest, attorney's fees and costs, also pay, pursuant to section 141.650, RSMo, costs to the collector as follows:
(1) Fifty cents per parcel of real estate for issuance of certificate of redemption;
(2) One dollar per parcel of real estate, if notice of publication has been commenced;
(3) An additional one dollar per parcel of real estate if notice of sheriff's foreclosure sale has been commenced;
(4) One dollar per parcel of real estate to be paid by the collector to the circuit clerk in full payment of his or her costs for entering dismissal as to the tax bill affecting any such parcel of real estate.
3. The collector shall credit these costs to the proper accounts and out of such costs shall be reimbursed for advances made on account thereof as otherwise provided in sections 141.210 to 141.810, RSMo.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.6616. No costs shall be taxed against the collector or any intervening taxing authority; otherwise costs shall be taxed in the manner that costs are ordinarily taxed, except as otherwise provided in sections 141.210 to 141.810, RSMo.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.6618. 1. The collectors of such cities not within a county shall proceed to collect the taxes contained in the back tax book or recorded list of the delinquent land and lots in the collector's office as required in section 141.830, RSMo.
2. Any person interested in or the owner of any tract of land or lot contained in the back tax book or in the recorded list of delinquent lands and lots in the collector's office may redeem such tract of land or town lot, or any part thereof, from the state's or such city's lien thereon, by paying to the proper collector pursuant to section 141.830, RSMo, the amount of the original taxes, together with interest from the date of delinquency at the rate of ten percent per annum and the costs until January 1, 1983, and beginning on January 1, 1983, at the rate of eighteen percent per annum and the costs. For any delinquency occurring after January 1, 2000, the rate shall not exceed the prime rate, which shall mean the average predominant prime rate quoted by commercial banks to large businesses, as determined by the Board of Governors of the Federal Reserve System.
3. If suit shall have been commenced against any person owing taxes on any tract of land or town lot for the collection of taxes, the person desiring to redeem any such land before judgment, in addition to the original tax, interest and costs including attorney's fee accruing under this law, shall pay, pursuant to section 141.830, RSMo, to the city collector all necessary costs incurred in the court where the suit is pending, and the city collector shall account to the clerk of the court in which such suit is filed for the court costs so collected.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.6620. 1. The collector, with the approval of the mayor, may employ, pursuant to section 141.870, RSMo, such attorneys as he or she deems necessary to collect such taxes and to prosecute suits for taxes.
2. Such attorneys shall receive, pursuant to section 141.870, RSMo, as total compensation, a sum, not to exceed six percent of the amount of taxes actually collected and paid into the treasury, and an additional sum, pursuant to section 141.870, RSMo, not to exceed two dollars for each suit filed when publication is not necessary, and not to exceed five dollars where publication is necessary, as may be agreed upon in writing and approved by the mayor, before such services are rendered.
3. The attorney fees provided in section 141.870, RSMo, shall be taxed as costs in the suit and collected as other costs.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.6623. It shall be the duty of the prosecuting attorney of each county to prosecute all suits for taxes under chapter 151, RSMo. County collectors shall have power, with the approval of the county commission, or, in St. Louis City, the approval of the mayor thereof, to employ such attorneys as may be deemed necessary to aid and assist the prosecuting attorney in conducting and managing such suits; and the court in which suit is brought shall, if plaintiff obtain judgment, allow, pursuant to section 151.240, RSMo, such attorneys a reasonable fee for bringing and conducting such suit which shall be taxed against the defendant and paid as other costs in the case.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.6625. All court costs incurred in proceedings under sections 199.170 to 199.270, RSMo, regarding the commitment and hospitalization of tuberculosis patients, including examinations required by order of the court but excluding examinations procured by the person named in the petition, shall be borne by the county in which the proceedings are brought.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.6628. When an order establishing or widening a private road is entered according to section 228.352, RSMo, the court shall appoint three disinterested citizens of the county where the private road is to be located as commissioners to view the location of the private road and the real property affected and to assess damages to the defendants. The commissioners shall, pursuant to section 228.355, RSMo, be allowed reasonable compensation for their services to be set by the court and to be taxed as costs.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.6629. 1. If the plaintiffs shall have used the private road pursuant to section 228.362, RSMo, before judgment has become final and appeals, if any, have been exhausted and the private road is not for any reason established according to the terms of sections 228.342 to 228.368, RSMo, after final judgment and appeals, the plaintiffs and their sureties shall be liable on their bond for all damages and costs occasioned by such use of the private road.
2. If a party files exceptions to the commissioners' report pursuant to section 228.362, RSMo, the plaintiffs shall be entitled to use of the private road before judgment is entered and becomes final and appeals, if any, have been exhausted, if the plaintiffs shall have given an appeal bond in an amount as the circuit court deems sufficient to pay the probable damages that plaintiffs will owe and costs.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.6630. The costs of the proceedings, pursuant to section 228.368, RSMo, regarding private roads, incurred up to and including the filing of the commissioners' report shall be paid by the plaintiff; and the court, as to any costs incurred in proceedings subsequent thereto, including the costs of the jury trial, may make such order as in its discretion may be deemed just.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.6632. Each special tax bill for special road districts in counties not under township organization shall constitute a lien upon the land described therein for the amount thereof and such interest as may accrue thereon, and all costs in collecting the same, including reasonable attorney's fee to be fixed pursuant to section 233.225, RSMo, by the county commission and taxed as costs in the action brought to enforce payment; which lien will be paramount to all other liens except of the state for general state, county, school and road taxes. Each of such special tax bills as are not paid at the expiration of thirty days after the date of such order shall thereafter bear interest at the rate of eight percent per annum.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.6634. In every suit for foreclosure for unpaid special tax bills pursuant to section 233.240, RSMo, in counties not under township organization, there shall be taxed as costs, in favor of the attorney instituting the suit, a reasonable attorney's fee, to be fixed by the court.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.6635. Each special tax bill for special road districts in township organization counties shall constitute a lien upon the land described therein for the amount thereof and such interest as may accrue thereon, and all costs in collecting the same, including a reasonable attorney's fee to be fixed pursuant to section 233.370, RSMo, by the county commission and taxed as costs in any action brought to enforce payment; which lien shall be paramount to all other liens except that of the state for general state, county, school and road taxes. Each of such special tax bills as are not paid at the expiration of thirty days after the date of such order shall thereafter bear interest at the rate of eight percent per annum.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.6637. Each of the special tax bills issued pursuant to section 233.380, RSMo, shall constitute a lien upon land described therein for the amount thereof and all interest and penalties that may accrue thereon and all cost in collecting the same, including reasonable attorney's fee to be fixed by the court and taxed as costs in any action brought to enforce payment, which lien shall be paramount to all other liens except of the state for general state, county, school and road taxes. Each of such special tax bills as are not paid on the day they become payable shall have added thereto a penalty equal to two percent of the total amount payable thereon, and thereafter a like penalty, on the first day of each month, until paid.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.6639. In every suit instituted for foreclosure for unpaid special tax bills pursuant to section 233.385, RSMo, in township organization counties, there shall be taxed as costs, in the favor of the attorney instituting the suit, a reasonable attorney's fee, to be fixed by the court.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.6642. In the event that charges are filed against multiple owners of a motor vehicle involved in a violation of toll collection regulations, only one of the owners may be convicted and court costs may be assessed against only one of the owners.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.6645. When the court declares the incorporation of a drainage district, pursuant to section 242.290, RSMo, to be dissolved as soon as all costs incurred, which shall include court costs and all obligations and expenses incurred in behalf of the district by the board of supervisors shall have been paid pursuant to section 242.290, RSMo, and if the uniform tax levied pursuant to the provisions of section 242.430, RSMo, be found insufficient to pay all such costs, the board of supervisors shall make such additional uniform tax levies as will be necessary to pay such deficiency.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.6647. All drainage taxes provided for in sections 242.010 to 242.690, RSMo, together with all penalties for default in payment of the same, all costs in collecting the same, including a reasonable attorney's fee, to be fixed by the court and taxed as costs in the action brought to enforce payment, shall, from date of filing the certificate described in section 242.590, RSMo, in the office of the recorder of deeds for the county wherein the lands and properties are situate, until paid, constitute a lien, to which only the lien of the state for general state, county, school and road taxes shall be paramount, upon all the lands and other property against which such taxes shall be levied as is provided in sections 242.010 to 242.690, RSMo.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.6649. In all suits for the collection of delinquent taxes for drainage districts pursuant to section 242.600 RSMo, the judgment for such delinquent taxes and penalty shall also include all costs of suit and a reasonable attorney's fee to be fixed by the court, recoverable the same as the delinquent tax and in the same suit.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.6652. The party appealing the judgment of the county commission regarding the condemnation of land by a drainage district pursuant to section 243.120, RSMo, shall within ten days thereafter file with the clerk a bond payable to the drainage district in the amount fixed by the county commission, with at least two good and sufficient freehold sureties, to be approved by the county commission, or in vacation, by the clerk, conditioned to pay all costs on the appeal in case the appellant fails to sustain the same, or the appeal is for any reason dismissed.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.6654. 1. All drainage taxes provided for in chapter 243, RSMo, including maintenance taxes, together with all penalties for default in payment of the same, all costs in collecting the same, including a reasonable attorney's fee to be fixed by the court and taxed as costs in the action brought to enforce payment, shall from date of the levying of the same by the county commission as provided in chapter 243, RSMo, until paid, constitute a lien, to which only the lien of the state for state, county, school and road taxes shall be paramount, upon all of the lands assessed, and shall be collected in the same manner as state, county and school taxes upon real estate are collected.
2. In all suits for the collection of delinquent taxes pursuant to section 243.370, RSMo, the judgment for such delinquent taxes and penalty shall also include all costs of suit and a reasonable attorney's fee to be fixed by the court, recoverable the same as the delinquent tax and in the same suit.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.6655. The clerk of the circuit court shall docket any appeal pursuant to section 243.520, RSMo, styling the appellant the plaintiff and the drainage district the defendant, and the cause shall stand for trial and be tried as other appeal cases are tried in the circuit court. The clerk of the circuit court shall also certify an itemized statement of the cost accruing on the appeal, and such costs shall be paid as provided in chapter 243, RSMo.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.6656. In a cause of action regarding private drainage rights, the circuit court shall hear all such objections in a summary manner and without unnecessary delay pursuant to section 244.060, RSMo, and should it find that no objection should be sustained, the court shall approve and confirm the report, but if the court shall find that any or all of the exceptions or objections should be sustained, it shall render its decree accordingly. All additional costs incurred by hearing and determining such objections shall be apportioned by the circuit court pursuant to section 244.060, RSMo, to the landowners in proportion to the objections sustained or overruled. If the report of the commissioners as confirmed, or as modified, shows that the damages and cost of necessary crossings exceed the amount tendered, pursuant to the provisions of section 244.020, to the owner or owners of the land traversed by the works, the total court cost of the case, including fees and expenses of commissioners, shall be paid by the petitioner or petitioners, but if the amount of such items be not greater than the tendered amount the cost shall be paid by the objectors.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.6657. If the report of the commissioners, pursuant to section 244.070, RSMo, regarding private drainage rights, as approved or as amended by the circuit court, shows the total cost of the improvements, including value of the land used, the amount of the damages and cost of crossings, exceeds the total benefits accruing to all the land from the proposed improvement, the court shall dismiss the case and pursuant to section 244.070, RSMo, tax the court costs against the petitioners. Thereafter any one or more persons owning any portion of the wet, swamp, flat or overflowed land shall have the right to construct the ditch, tile or levee at his or her expense, but if constructed under such conditions, the other owners of land that will be improved shall not be taxed for any of the costs.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.6658. If there is disagreement on the manner of construction of a ditch or levee, pursuant to section 244.090, RSMo, all sums collected by such suit shall include the court cost incurred in bringing and conducting such suit and a reasonable attorney's fee to be fixed by the court hearing such cause.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.6659. In a petition for an extension of a levee district incorporated by the circuit court, in case the court shall find, pursuant to section 245.035, RSMo, that such extensions should not be allowed, such petition shall be dismissed and the cost incurred in the case be paid by the district.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.6661. If a petition to amend a former decree to incorporate a levee district be dismissed, the district shall pay the cost, but if the petition be sustained in whole or in part, the objectors shall pay the court costs pursuant to section 245.140, RSMo.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.6662. All levee taxes provided for in sections 245.010 to 245.280, RSMo, together with all penalties for default in payment of the same, all costs in collecting the same, including a reasonable attorney's fee, to be fixed by the court and taxed as costs pursuant to section 245.215, RSMo, in the action brought to enforce payment, shall, from date of filing the certificate herein described in the office of the recorder of deeds for the county wherein the lands and properties are situate, until paid, constitute a lien, to which only the lien of the state for general state, county, school and road taxes shall be paramount, upon all the lands and other property against which such taxes shall be levied as is provided in sections 245.010 to 245.280, RSMo.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.6663. In all suits for the collection of delinquent taxes for a levee district pursuant to section 245.220, RSMo, the judgment for the delinquent taxes and penalty shall also include all costs of suit and a reasonable attorney's fee to be fixed by the court, recoverable the same as the delinquent tax and in the same suit.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.6664. All costs of the hearing for reduction or cancellation of assessed benefits within a levee or drainage district, pursuant to section 246.063, RSMo, shall be borne by the petitioners whether they be successful or not.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.6666. Costs of the proceeding for the detachment of tracts of land from a public water supply district pursuant to section 247.031, RSMo, shall be borne by the petitioner or petitioners.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.6667. 1. In proceedings for the formation of a public water supply district pursuant to section 247.040, RSMo, the petition shall be accompanied by a cash deposit of fifty dollars as an advancement of the costs of the proceeding.
2. The costs incurred in the formation of the district shall be taxed to the district, if the district be incorporated, otherwise against the petitioners.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.6669. Any two or more contiguous public water supply districts organized under the provisions of sections 247.010 to 247.220, RSMo, may be consolidated into a single district pursuant to the provisions of section 247.217, RSMo. A certified copy of the decrees of the court shall be filed in the office of the recorder and in the office of the county clerk in each county in which any part of the consolidated district is located, and in the office of the secretary of state. Such copies shall be filed by the clerk of the circuit court and the filing fees shall be taxed as costs.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.6671. Should the court find that it would not be to the public interest to dissolve a public water supply district pursuant to section 247.220, RSMo, the petition shall be dismissed at the costs of the petitioners.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.6672. There shall be filed with the petition or petitions for the organization of a metropolitan water supply district pursuant to section 247.280, RSMo, a fee in the amount of one hundred dollars to cover the payment of court costs.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.6673. If the court finds that a petition for the organization of a metropolitan water supply district has not been signed, filed and presented in conformity with sections 247.230 to 247.670, RSMo, or that the material facts are not as set forth in the petition filed, or that sufficient facts have not been presented to justify the incorporation of the district, it shall, pursuant to section 247.330, RSMo, dismiss the proceedings and adjudge the costs against the signers of the petition, or petitions, in such proportion as it shall deem just and equitable.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.6675. If the proposition to establish the sanitary district pursuant to section 248.050, RSMo, is carried, the cost of all preliminary proceedings shall be borne by the district; if it is defeated, all costs of court, of commissioners and of the election shall be borne by the city and county, if of independent jurisdiction, each being liable for all expenses in regard to proceedings under its petitions. If its jurisdiction is single, the county commission shall pay for all such expenses.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.6676. Whenever the construction and maintenance of a system of sewers or the use of existing sewers for any contiguous area in the state of Missouri shall become necessary for the preservation of the public health or public welfare or will be of public utility or benefit, if any such area shall lie within any county in the state of Missouri, now or hereafter having a population of not less than seven hundred thousand nor more than one million inhabitants, the area may be established and incorporated as a sewer district under sections 249.010 to 249.420, RSMo. There shall, pursuant to section 249.010, RSMo, be filed with the petition a bond in a sum to be determined by the court but in no event more than five hundred dollars payable to the state of Missouri signed by one or more of the petitioners with good and sufficient surety or sureties to be approved by the court, conditioned for the payments of costs and expenses.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.6677. 1. If, after hearing and determining objections pursuant to section 249.060, RSMo, the court finds the proposed improvements on the sewer district pursuant to sections 249.010 to 249.420, RSMo, are necessary for the preservation of the public health or public welfare or will be of public utility or benefit and advisable, it shall find in favor of the petitioners and in favor of making the improvement of the type or kind described in the petition. If the court shall find against the improvement it shall dismiss the petition and proceedings at the cost of the petitioners.
2. The compensation of the sanitary engineer and of other persons who may have been employed with the approval of the court in the preparation of the plan and report of the engineer provided for in section 249.040, RSMo, shall be fixed by the court and taxed pursuant to section 249.060, RSMo, as costs in like effect as fee bills are taxed and issued by the clerk of the circuit court, and shall be paid by the petitioners; provided, however, that if the court finds in favor of making the improvement, and incorporates the proposed district, the costs of the proceedings may be paid by the district out of funds of the district obtained by the sale of bonds which may be authorized by the voters as provided in section 249.060, RSMo.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.6678. In the event of any suit at law or in equity hereafter filed against any delinquent taxpayer for the purpose of enforcing collection of any tax levied by any sewer district incorporated under the laws of this state pursuant to section 249.730, RSMo, and in the event the petition in such suit claims an amount as penalties in excess of one-half of one percent per month and for which no use has been provided by law, in such suits it shall be unlawful to tax any court costs against such taxpayer so sued.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.6679. Whenever any sewer district incorporated under the laws of this state shall sue any delinquent taxpayer on account of any tax levied by such sewer district pursuant to section 249.740, RSMo, and if such sewer district be exempt by law from securing or paying the court costs incident to such suit, then in all such cases all courts of this state before whom such suit may be hereafter heard shall take into consideration all of the facts and circumstances concerning the levy of such tax and the bringing of such suit, the claims made in the district's petition, all matters of evidence and all facts and circumstances touching the question of justice in the premises, and the court may, pursuant to section 249.740, RSMo, in such cases, in its discretion and in furtherance of justice, abate, remit, waive or refuse to tax any court cost accrued in such case against such delinquent taxpayer.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.6680. If the court finds that the property set out in the petition pursuant to section 249.767, RSMo, should not be incorporated into a sewer district, it shall, pursuant to section 249.767, RSMo, dismiss the proceedings and adjudge the costs against the signers of the petition.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.6682. 1. The boundaries of any sewer district formed pursuant to the provisions of sections 249.760 to 249.810, RSMo, may be extended from time to time by filing a petition pursuant to section 249.807, RSMo. The costs incurred in the extension of the boundaries of the district shall be taxed to the district if the annexation is completed and otherwise against the petitioners, except that no costs shall be taxed to the board of supervisors.
2. Any owner of real estate that abuts upon a district once formed may petition the board of supervisors for the incorporation of the real estate in the district pursuant to section 249.807, RSMo. The costs of the proceedings shall be borne by the petitioning property owners.
3. Any owner of land that has not been platted and such plat finally approved by the county planning commission, county zoning commission, county planning and zoning commission or county governing body, that abuts upon a district previously formed or currently being formed, for which a trunk sewer has been condemned under chapter 523, RSMo, shall not be compelled to join such district but may petition the board of supervisors of such district for incorporation of his or her land into such district under this section. All costs of proceedings conducted under this subsection shall, pursuant to section 249.807, RSMo, be paid by the petitioning landowner.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.6684. The person entering upon land for a geodetic survey pursuant to section 256.140, RSMo, may tender to the party injured amends therefor, and if, in case of appeal to the circuit court, the damages finally assessed pursuant to section 256.140, RSMo, do not exceed the amount tendered, the person entering shall recover costs; otherwise the prevailing party shall recover costs.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.6688. If the court finds that the area described in a petition to establish a river basin conservancy district should not be organized as a district, it shall dismiss the proceedings and pursuant to section 257.070, RSMo, adjudge the costs against the signers of the petition.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.6689. Prior to the establishment of a river basin conservancy district board pursuant to section 257.080, RSMo, and receipt of sufficient tax moneys by it, travel and necessary expenses of the election district commission shall be paid by the county commissions of the counties within or partially within the river basin district on a pro rata basis relating to the proportion of each county's lands to the whole area of the river basin district; but such expenses shall be included pursuant to section 257.080, RSMo, in the costs of the court proceedings if the voters do not approve establishment of the district, and shall be repaid to the respective counties accordingly. In event of establishment of the district such expenses shall be repaid by the district board to the respective counties out of the first funds received from annual levies. Thereafter the expenses of the commission shall be paid directly to it by the district board. Authority for incurring expenses by the commission shall originate in an order of the court or the board, as the situation requires.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.6694. If any owner of land shall knowingly allow any Canada, musk or Scotch thistles to grow thereon, such owner shall, pursuant to section 263.190, RSMo, forfeit and pay the sum of one hundred dollars to the county commission for every such offense, and such sum forfeited plus court costs may be recovered by civil action instituted by the prosecuting attorney in the name of the county commission before any associate circuit judge of the county in which the offense is committed.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.6695. There shall be filed with the petition or petitions for fire protection districts as provided by section 321.060, RSMo, a filing fee in the amount of one hundred dollars to cover the payment of court costs.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.6696. Upon the hearing if the court finds that the petition to establish a fire protection district pursuant to section 321.110, RSMo, has not been signed, filed and presented pursuant to the provisions of chapter 321, RSMo, or that the material facts are not as set forth in the petition filed, or that sufficient facts have not been presented to justify the incorporation of the district, it shall dismiss the proceedings and, pursuant to section 321.110, RSMo, adjudge the costs against the signers of the petition, or petitions, in such proportion as it deems just and equitable.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.6697. Each recorder and each clerk shall receive, for filing an order of consolidation of a fire protection district as provided in section 321.470, RSMo, a fee of one dollar, to be charged as costs in the proceeding.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.6698. Any city with a population of more than three hundred fifty thousand inhabitants which is located in more than one county which provides probation services for persons convicted of its ordinance violations may, pursuant to section 549.525, RSMo, collect from the person placed on probation a fee of ten dollars per month for providing supervision and rehabilitation services.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.7000. In each case of a contested primary election, pursuant to the provisions of section 115.547, RSMo, costs and expenses of the election contest, including the cost and expense of a recount, may be adjudged against the unsuccessful party with the payment of the costs and expenses enforceable as in civil cases.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.7005. Either party to the contest of a primary election may appeal the judgment of the circuit court to the court of appeals of the appropriate jurisdiction, who shall give the case preference in the order of hearing to all other cases, modify its rules to the extent necessary in order to conclude the appeal as many days prior to the general election as possible and hear the case in the manner of appeals of cases in equity. The practice and procedure prescribed in civil actions shall be followed in all respects not inconsistent with the provisions of sections 115.527 to 115.551, RSMo. In every case of such appeal, a bond with sufficient sureties conditioned for the payment of the costs accrued and to accrue in the cause may be required by any court in which the case is pending.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.7010. In each case of a contested election, the court or legislative body may require the contestant to post bond for the costs and expenses of the election contest. The costs and expenses of any election contest, including the cost and expense of a recount, may be adjudged against the unsuccessful party with payment of the costs and expenses enforceable as in civil cases.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.7014. In all cases of contested elections, except contested elections heard by the supreme court or the state senate or house of representatives, the right of appeal shall exist, and appeals may be taken in the same time or manner and to the same courts as is provided by law for appeals in cases in equity. In every case of such appeal, a bond with sufficient sureties conditioned for the payment of the costs accrued and to accrue in the cause may be required pursuant to section 115.597, RSMo, by any court in which the case is pending.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869 of the Second Regular Session of the 88th General Assembly, 1996.
488.7019. If the question of the organization and incorporation of the proposed common sewer district pursuant to section 204.280, RSMo, fails to receive a majority of the votes cast in the county containing the major portion of the proposed district, regardless of the results in the election in the other county, the court shall, pursuant to the provisions of section 204.280, RSMo, dismiss the petition and tax the costs of the proceedings and the election against the county which presented the petition.
EXPLANATION: This section is enacted and printed in chapter 488, RSMo, in compliance with the directive of S.B. 869
of the Second Regular Session of the 88th General Assembly, 1996.
Missouri House of
Representatives