SECOND REGULAR SESSION
92ND GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE MUCKLER.
Read 1st time March 3, 2004, and copies ordered printed.
STEPHEN S. DAVIS, Chief Clerk
AN ACT
To repeal sections 455.200 and 488.445, RSMo, and to enact in lieu thereof two new sections relating to domestic violence.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 455.200 and 488.445, RSMo, are repealed and two new sections enacted in lieu thereof, to be known as sections 455.200 and 488.445, to read as follows:
455.200. As used in sections 455.200 to 455.230, unless the context clearly requires otherwise, the following words and phrases mean:
(1) "Designated authority", the board, commission, agency, or other body designated under the provisions of section 455.210 as the authority to administer the allocation and distribution of funds to shelters;
(2) "Domestic violence", attempting to cause or causing bodily injury to a family or household member, or placing a family or household member by threat of force in fear of imminent physical harm;
(3) "Family or household member", a spouse, a former spouse, person living with another person whether or not as spouses, parent, or other adult person related by consanguinity or affinity, who is residing or has resided with the person committing the domestic violence and dependents of such persons;
(4) "Shelter for victims of domestic violence" or "shelter"[,]:
(a) A facility established for the purpose of providing temporary residential service or facilities to family or household members who are victims of domestic violence; or
(b) A shelter for the homeless where at least twenty percent of the persons receiving services at the shelter are women and children who are victims of domestic violence.
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, 2001, 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. The surcharge 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] six 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] three 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. 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 shall contain the amount collected from the marriage license fees and the amount collected from the surcharge on the filing of civil actions pursuant to 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, with a delineation of the amount collected from the marriage license fees and the amount collected from the surcharges for the filing of civil actions. The county treasurer shall deposit [all such fees] five-sixths of the marriage license fees and two-thirds of the civil action fees upon receipt in a special fund to be expended only to provide financial assistance to shelters for victims of domestic violence, defined in paragraph (a) of subdivision (4) of section 455.200, RSMo, as provided in sections 455.200 to 455.230, RSMo. The county treasurer shall deposit one-sixth of the marriage license fees and one-third of the civil action surcharge upon receipt in a special fund to be expended only to provide financial assistance to shelters for victims of domestic violence, defined in paragraph (b) of subdivision (4) of section 455.200, RSMo, as provided in sections 455.200 to 455.230, RSMo.