SECOND REGULAR SESSION
93RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES DIXON (Sponsor), VIEBROCK, MARSH, AULL AND DENISON (Co-sponsors).
Read 1st time January 26, 2006 and copies ordered printed.
STEPHEN S. DAVIS, Chief Clerk
AN ACT
To repeal sections 476.777 and 488.636, RSMo, and to enact in lieu thereof two new sections relating to Missouri court-appointed special advocate programs.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 476.777 and 488.636, RSMo, are repealed and two new sections enacted in lieu thereof, to be known as sections 476.777 and 488.636, to read as follows:
476.777. 1. There is hereby established in the state treasury a special fund, to be known as the "Missouri CASA Fund". The state treasurer shall credit to and deposit in the Missouri CASA fund all moneys which may be appropriated to it by the general assembly and also any gifts, contributions, grants, bequests or other aid received from federal, private or other sources, in addition to any moneys deposited pursuant to section 488.636, RSMo. The general assembly may appropriate moneys into the fund to support the court-appointed special advocate (CASA) program throughout the state.
2. The state treasurer shall invest moneys in the Missouri CASA fund in the same manner as surplus state funds are invested pursuant to section 30.260, RSMo. All earnings resulting from the investment of moneys in the fund shall be credited to the Missouri CASA fund.
3. The state courts administrator shall administer and disburse moneys in the Missouri CASA fund to the Missouri CASA Association for disbursement based on the following requirements:
(1) The [office of state courts administrator] Missouri CASA Association shall set aside funding for new start-up CASA programs throughout the state;
(2) Every recognized CASA program shall receive a base rate allocation[, with availability of additional funding based on the number of children with abuse or neglect cases under the jurisdiction of the court]; and
(3) All CASA programs being considered for funding shall be recognized by and affiliated with the state and national CASA associations.
4. Notwithstanding the provisions of section 33.080, RSMo, to the contrary, moneys in the Missouri CASA fund shall not revert to the credit of the general revenue fund at the end of the biennium.
488.636. 1. In addition to all other court costs for domestic relations cases, the circuit clerk shall collect an additional surcharge in the amount of [two] five dollars per case for each domestic relations petition filed before a circuit judge or associate circuit judge. Such surcharges collected by circuit court clerks shall be collected and disbursed as provided by sections 488.010 to 488.020. Such [fees] surcharges shall be payable to the state treasurer, to be deposited into the Missouri CASA fund. Three dollars of the surcharge shall be used to fund recognized CASA programs, and two dollars of the surcharge shall be used to administer recognized and new start-up programs.
2. In addition to the statewide surcharge established by this section, each county commission, by majority vote, may choose to establish an additional surcharge on domestic relation petitions filed before a circuit judge or associate circuit judge, not to exceed five dollars per petition filed, to be known as the "County CASA Surcharge". Such surcharges shall be collected by circuit court clerks and shall be payable to the county treasurer and disbursed to the county's CASA program, or to start a new CASA program within the collecting county, as directed by majority vote of the county commission.
3. Surcharges authorized under this section shall not be charged when costs are waived or are to be paid by the state, county or municipality.
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