SECOND REGULAR SESSION

HOUSE BILL NO. 1465

92ND GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVES KELLY (36) (Sponsor), MOORE, JOHNSON (61),

BRUNS AND JOLLY (Co-sponsors).

         Read 1^st time February 11, 2004, and copies ordered printed.

STEPHEN S. DAVIS, Chief Clerk

4375L.01I

AN ACT

To repeal section 43.530, RSMo, and to enact in lieu thereof one new section relating to fees for criminal history requests.

Be it enacted by the General Assembly of the state of Missouri, as follows:

            Section A. Section 43.530, RSMo, is repealed and one new section enacted in lieu thereof, to be known as section 43.530, to read as follows:

            43.530. 1. For each request requiring the payment of a fee received by the central repository, the requesting entity shall pay a fee of not more than [five] ten dollars per request for criminal history record information not based on a fingerprint search and pay a fee of not more than [fourteen] twenty dollars per request for criminal history record information based on a fingerprint search. Each such request shall be limited to check and search on one individual. Each request shall be accompanied by a check, warrant, voucher, money order, or electronic payment payable to the state of Missouri-criminal record system or payment shall be made in a manner approved by the highway patrol. The highway patrol may establish procedures for receiving requests for criminal history record information for classification and search for fingerprints, from courts and other entities, and for the payment of such requests. There is hereby established by the treasurer of the state of Missouri a fund to be entitled as the "Criminal Record System Fund". Notwithstanding the provisions of section 33.080, RSMo, to the contrary, if the moneys collected and deposited into this fund are not totally expended annually for the purposes set forth in sections 43.500 to 43.543, the unexpended moneys in such fund shall remain in the fund and the balance shall be kept in the fund to accumulate from year to year.

            2. For purposes of obtaining criminal records prior to issuance of a school bus operator's permit pursuant to section 302.272, RSMo, and for determining eligibility for such permit, the applicant for such permit shall submit two sets of fingerprints to the director of revenue when applying for the permit. The fingerprints shall be collected in a manner approved by the superintendent of the highway patrol. The school bus permit applicant shall pay the appropriate fee described in this section and pay the appropriate fee determined by the Federal Bureau of Investigation for the federal criminal history record when he or she applies for the school bus permit. Collections for records described in this subsection shall be deposited in the criminal record system fund.