SB 207
Modifies provisions relating to the administrative adjudication of certain municipal ordinance violations
LR Number:
Last Action:
3/6/2019 - SCS Voted Do Pass S Local Government and Elections Committee (1062S.02C)
Journal Page:
Calendar Position:
Effective Date:
August 28, 2019

Current Bill Summary

SCS/SB 207 - This act modifies provisions relating to the administrative adjudication of certain municipal ordinance violations.

Currently, only the cities of St. Louis, Kansas City, St. Joseph, and Springfield are authorized to establish, by order or ordinance, an administrative system for adjudicating housing, property maintenance, nuisance, parking, and other civil, nonmoving municipal code violations. This act allows any city or village to establish, by ordinance, an administrative adjudication system for certain violations including nonmoving traffic violations, minor traffic violations, and municipal ordinance violations. The city or village shall designate a hearing officer for the administrative system who shall be a lawyer licensed in Missouri and may be the municipal judge.

A municipal judge may refer any case pending to the administrative tribunal. The dismissal of the municipal case shall occur upon the administrative tribunal notice of acceptance and no costs shall be taxed for such an event. A municipal judge may also forward a certification of nonappearance with the case.

The administrative tribunal is required to serve a notice with certain requirements upon the respondent before an administrative adjudication may be commenced. A respondent, who fails to acknowledge receipt of the notice, may be taxed the cost for notice by personal service or service by registered mail. After service has been properly affected, the administrative tribunal may proceed with a hearing regardless of the respondent's participation.

The hearing conducted by the administrative tribunal need not be recorded and shall not be considered a court of record. Additionally, upon conclusion of the hearing, the hearing officer shall enter written findings. This act repeals the provisions requiring the administrative tribunal to adopt policies and procedures regarding the administrative adjudication process.

This act allows administrative tribunals to impose a fine for a violation of any ordinance within its jurisdiction. Additionally, the administrative tribunal may assess the reasonable costs of the hearing or prosecution to the respondent upon a finding of a violation. Any final decision of the administrative tribunal shall constitute a conviction for the purposes of points assessed by the Department of Revenue, which may be assessed in the same manner as municipal court proceedings. Additionally, upon conviction and if authorized, two additional points shall be assessed if a certification of nonappearance is issued and no just cause was provided by the respondent.

Currently, a lien may be imposed upon any respondent who has entered a plea of nolo contendere, plead guilty, or found guilty of a municipal court violation. This act provides that a lien may be imposed only when the respondent has a judgment entered against them.

Additionally, a special bill tax that may be issued to collect the judgment entered rather than to collect fines issued for housing, property maintenance, and nuisance code violations. A special tax bill issued under this section shall have the same priority, enforcement, and treatment as any regular tax bill on real or personal property.

This act is identical to a provision in SCS/HCS/HB 192 (2019) and is similar to HB 1045 (2019).



No Amendments Found.