House Amendment

HCS/SB 615 - This act modifies provisions of law relating to court costs, civil fines, and the prosecuting attorneys' retirement system.

The act adds Buchanan County to the list of counties authorized to impose a civil fine of up to one thousand dollars for each violation of any county rule, regulation, or ordinance (49.272).

This provision is identical to HB 1348 (2014) and to provisions contained in HCS/HB 2112 (2014).

Currently, each county must transfer a certain sum of money to the Prosecuting Attorneys and Circuit Attorneys' Retirement System Fund. The act provides that each county's contribution shall be adjusted in accordance with the retirement system's funded ratio and a schedule provided in the act (56.807).

The act also states that a four dollar surcharge, payable to the retirement system, shall be assessed in cases where a person pleads guilty and pays a fine through a fine collection center (56.807, 488.026).

These provisions are substantially similar to provisions contained in HCS/HB 1231 (2014), HCS/SCS/SB 672 (2014), and HB 1821 (2014), and identical to provisions contained in HCS/SB 621 (2014).

Currently, a committee consisting of Associate Circuit Judges establishes and maintains a schedule of fines to be paid for the violation of certain sections of law. This act repeals from this list Section 210.104, which was repealed in 2006 by Senate Bill 872 (476.385).

The act also provides that municipalities may retain the court costs that have been overpaid to the municipal court and do not exceed five dollars (488.014).

Currently, Franklin County may collect an additional ten dollar surcharge in civil cases excluding cases concerning adoption and those in small claims until December 31, 2014. The act extends this date to December 31, 2019 (488.426).

This provision is identical to provisions in HB 1238 (2014).

Currently, cities or counties with domestic violence shelters can add a surcharge of two dollars for criminal cases. This act states that a surcharge of up to four dollars may be collected for each criminal case in cities or counties with domestic violence shelters (488.607).

This provision is identical to SCS/SB 636 (2014) and SCS/HB 1238 (2014), and substantially similar to SB 313 (2013) and provisions of HCS/HB 717 (2013).

The act provides that a surcharge of up to ten dollars may be collected in all criminal proceedings filed in the Thirty-First Judicial Circuit if the surcharge was authorized by a county or municipal order, ordinance, or resolution.

The moneys collected from the surcharge must be use for the costs associated with the construction, maintenance and operation of any county or municipal judicial facility (488.2206).

This provision is identical to SB 915 (2014) and to provisions contained in SCS/HB 1238 (2014).

The act provides that the City of Springfield may collect a surcharge of up to ten dollars for each municipal ordinance violation case. The moneys collected from the surcharge shall be used for the land assemblage and purchase, construction, maintenance, and upkeep of a municipal courthouse (488.2240).

This provision is identical to HB 1825 (2014), HB 1935 (2014), and to provisions contained in HB 2112 (2014).

JESSICA BAKER

HA 1 - THE AMENDMENT CHANGES THE TITLE TO "RELATING TO THE ADMINISTRATION OF JUSTICE."

THIS AMENDMENT REPEALS PROVISIONS OF LAW WHICH PROVIDE A FORMULA FOR AWARDING AN ADDITIONAL ASSOCIATE CIRCUIT JUDGE BASED ON A WEIGHTED WORKLOAD STUDY. THE AMENDMENT ALSO MODIFIES THE NUMBER OF JUDGES IN CERTAIN JUDICIAL DISTRICTS. THERE IS AN EMERGENCY CLAUSE FOR THESE PROVISIONS (478.320, 478.437, 478.464, 478.513, 478.600, 478.740).

THE AMENDMENT REMOVES SECTION 478.2240 WHICH PROVIDES THAT THE CITY OF SPRINGFIELD MAY COLLECT A SURCHARGE OF UP TO TEN DOLLARS FOR EACH MUNICIPAL ORDINANCE VIOLATION CASE.

THIS AMENDMENT PROVIDES THAT A PUBLIC GOVERNMENTAL BODY IS AUTHORIZED TO CLOSE CERTAIN RECORDS WHEN THEY RELATE TO INDIVIDUALLY IDENTIFIABLE RECORDS SUBMITTED TO THE LIEUTENANT GOVERNOR (610.021).

HA 2 - THIS AMENDMENT STATES THAT A LOCAL COURT RULE CANNOT GRANT A JUDGE THE DISCRETION TO REMOVE A FILE FROM THE COURT RECORD WITHOUT NOTIFICATION TO THE PARTIES (483.140).

A COURT WHICH MANDATES ELECTRONIC FILING MUST ACCEPT AN ENTRY OF APPEARANCE MAILED OR FAXED TO THE COURT AND SUCH ENTRY MAY BE NO MORE THAN ONE PAGE IN LENGTH (SECTION 1).

HA 3 - THIS AMENDMENT CHANGES THE PRICE THAT HEALTH CARE PROVIDERS CAN CHARGE FOR THE SEARCH AND RETRIEVAL OF PATIENT RECORDS, AND PROVIDES TO WHOM A HEALTH CARE PROVIDER MAY FURNISH MEDICAL RECORDS TO AFTER A PATIENT HAS DECEASED (191.227).

HA 4- THIS AMENDMENT REPEALS SECTIONS 550.040 AND 550.060 WHICH PROVIDE WHEN THE STATE, COUNTY, OR PROSECUTOR MUST PAY COURT COSTS.

HA 5 - THIS AMENDMENT PROVIDES IMMUNITY FOR LAW ENFORCEMENT OFFICERS CONDUCTING SERVICE OF PROCESS AT THE DIRECTION OF A COURT (57.095).

HA 6 - THIS AMENDMENT REPEALS PROVISIONS OF LAW SPECIFYING THAT ST. LOUIS COUNTY OR THE CITY OF ST. LOUIS SHALL NOT CHARGE FOR THEIR SERVICES RENDERED IN CASES DISPOSED OF BY A VIOLATIONS BUREAU (488.5320).

HA 7 - THIS AMENDMENT MODIFIES THE OFFENSE OF DISARMING A PEACE OFFICER (575.153).

HA 8 - THIS AMENDMENT PROVIDES THAT KANSAS CITY MAY CHARGE FIVE DOLLARS IN EACH MUNICIPAL ORDINANCE VIOLATION CASE (488.2235).

HA 9 - THIS AMENDMENT CHANGES THE TITLE TO "RELATING TO JUDICIAL PROCEDURES."

THE AMENDMENT ALSO MODIFIES THE DEFINITION OF "RECREATIONAL USE" FOR THE PURPOSES OF WHETHER A LAND OWNER OWES A DUTY OF CARE TO A PERSON WHO ENTERS ON THE LAND WITHOUT CHARGE (537.345).

HA 10 - THIS AMENDMENT PROVIDES THAT A COURT SHALL "PROVIDE" RATHER THAN "MAIL" A HANDBOOK TO PARTIES TO A DISSOLUTION OF MARRIAGE PROCEEDING INVOLVING A MINOR CHILD (452.556).


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