- Committee -

SCS/SBs 678 & 742 - This act revises various judicial and administrative procedures. The act makes technical changes concerning court fees, and changes associate circuit judicial authority. The act allows judges to issue subpoenas, protection orders to be transmitted by computer and circuit clerks to issue summons; clarifies Department of Revenue authority relating to maintenance of vehicle insurance; and closes the disposition portion of arrest records when a person is not prosecuted.

The act also provides for disbursement of the Tort Victims' Compensation Fund. Seventy-five percent of the payments received by the Tort Victims' Compensation Fund shall be credited to the Division of Workers' Compensation to assist uncompensated tort victims. "Uncompensated tort victim" is defined as a prevailing plaintiff in a civil tort case that has received a final monetary judgment, but is unable collect or enforce the judgment. The Division shall retain discretion to make an award, in any amount. Awards by the Division are capped at $300,000. The Division retains the right of subrogation for any amount awarded. The act also establishes a Legal Services for Low-Income People Fund, consisting of twenty-five percent of payments received by the Tort Victims' Compensation Fund. The funds shall be used by legal services organizations in Missouri.

The act repeals the statute of limitations for legal challenges to the procedure used to pass legislation. The current time limit is the end of the legislative session following the effective date of the law. This portion of the act is identical to SB 706.

The act also eliminates certain existing judicial commissioner positions. Sitting commissioners will continue service until the end of their term of office. At that time, the position is abolished and circuit and associate circuit judgeships are created in their place. The primary jurisdiction of the judge would be in the same division as the commissioner. The commissioners would continue service until the January first after the next general election following their term expiration, when a judge would be sworn in. In counties that elect judges, the new judgeship would be filled initially by election. In counties subject to the non-partisan court plan, the positions would be initially appointed.

Jackson County, St. Louis County and St. Louis City receive a circuit judgeship for each probate commissionership eliminated. The judges are exempt from court recording and allowed to continue with electronic recording - as the commissioners currently do. Boone County receives one associate circuit judge for the family court commissionership eliminated in that circuit.

An associate circuit judgeship is granted for each circuit court or deputy commissionership eliminated in counties that are whole circuits (Platte, Clay, St. Charles, St. Louis, St. Louis City, Jackson, Cole, Jefferson, Jasper and Greene counties). An associate circuit judgeship is granted for each drug court commissionership eliminated in counties that are whole circuits, or in the largest county in multi-county circuits if the circuit is receiving appropriations for FY 2001 for such commissioner. This portion of the act is similar to SB 870.

The act declares that rules of the Missouri Supreme Court must comply with the provisions of the Missouri Constitution and Missouri law. This provision is similar to SB 1004.

The act provides for the appointment of five additional circuit court judges for the Twenty-First Judicial Circuit (St. Louis County). These judges will replace the first five vacant associate circuit judge positions occurring on or after August 28, 2000. This provision is similar to SB 601.

The act requires the Department of Social Services to provide notice of a final judgment and notice of the right to appeal the Administrative Hearing Commission. The AHC could set reasonable fees in certain cases involving motor vehicle and motorcycle franchises. This provision is identical to SB 914.

Currently, associate circuit judges may hear cases where the dollar amount at issue is less than $25,000. The act increases that amount to $50,000.

JOAN GUMMELS