FIRST REGULAR SESSION

HOUSE BILL NO. 874

95TH GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVES CALLOWAY (Sponsor), CARTER, ROORDA, KANDER, OXFORD, YAEGER, ATKINS AND McGHEE (Co-sponsors).

1426L.01I                                                                                                                                                  D. ADAM CRUMBLISS, Chief Clerk

AN ACT

To amend chapter 488, RSMo, by adding thereto one new section relating to a one dollar fee in civil cases.

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

            Section A. Chapter 488, RSMo, is amended by adding thereto one new section, to be known as section 488.420, to read as follows:

            488.420. 1. In addition to all other court costs, in all civil cases filed in the circuit courts of this state, a one dollar fee shall be assessed as costs. Such fee shall be collected and disbursed in accordance with sections 488.010 to 488.020, and shall be payable to the state treasurer.

            2. The state treasurer shall deposit such moneys or other gifts or grants received into the "Public Attorney Technology Fund" which is hereby created in the state treasury. The fund shall be administered by the attorney general of Missouri. The moneys deposited into the public attorney technology fund shall be used only for prosecuting and circuit attorneys and public defenders who request money from the fund and only for acquiring or improving technology in their respective offices.

            3. Notwithstanding the provisions of section 33.080, RSMo, to the contrary, any moneys remaining in the fund at the end of the biennium shall not revert to the credit of the general revenue fund.

            4. The attorney general shall determine the amount of awards from the fund and shall promulgate rules and regulations covering the process to be used for requesting fund moneys and the method by which awards from the fund and the amount of such awards shall be determined.

            5. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2009, shall be invalid and void.

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