File #: 3047    Version: 0 Name: court costs
Type: Ordinance Status: Passed
File created: 7/31/2000 In control: (R)Health and Justice Committee
On agenda: 7/31/2000 Final action: 8/14/2000
Title: AN ORDINANCE repealing section 1327., Jackson County Code, 1984, relating to court costs, and enacting, in lieu thereof, one new section relating to the same subject, with an effective date.
Sponsors: Terry Young
Indexes: JACKSON COUNTY CODE

IN THE COUNTY LEGISLATURE OF JACKSON COUNTY, MISSOURI

 

Title

AN ORDINANCE repealing section 1327., Jackson County Code, 1984, relating to court costs, and enacting, in lieu thereof, one new section relating to the same subject, with an effective date.

 

Intro

ORDINANCE 3047, July 31, 2000

 

INTRODUCED BY Terry Young, County Legislator

 

Body

WHEREAS, by § 1327., Jackson County Code, 1984, the County imposes a fee of $2 upon the filing of a civil case pursuant to § 452.305, RSMo, in the Circuit Court of Jackson County, Missouri, the proceeds of which are used to provide financial assistance for shelters for victims of domestic violence; and,

 

WHEREAS, this fee is authorized by § 455.205, RSMo Supp. 1999; and,

 

WHEREAS, by House Bill 1677 (Laws 2000), the General Assembly has amended § 455.205, to provide authority for the fee to be imposed in all civil cases, not merely those filed pursuant to § 452.305; and,

 

WHEREAS, in view of the adoption of House Bill 1677, it is appropriate that the Legislature amend § 1327. to reflect the fee currently authorized by state law; now therefore,

 

BE IT ORDAINED by the County Legislature of Jackson County, Missouri, as follows:

Section A.                      Enacting Clause. Section 1327., Jackson County Code, 1984, is hereby repealed and one new section enacted in lieu thereof, to be known as § 1327., to read as follows:

 

1327.                                          Dissolution, Fee Imposed Upon Entry of Decree.

 

Pursuant to authority granted in RSMo 455.205 and by the voters of Jackson County on August 7, 1984, a fee of two dollars ($2) shall be imposed upon the filing of a civil case in the Circuit Court of Jackson County [under the provisions of § 452.305, RSMo].  The fee shall not be charged when no court costs are otherwise required, and shall not be charged when costs are waived or are to be paid by the state, county, or municipality.

1327.1  Petitioner Shall Pay Fee.

Said fee shall be paid by the party who filed the petition, and shall be collected by the Clerk of the Circuit Court as other costs of the proceedings are collected.

 

1327.2  Filing of Report.

At the end of each month, the Clerk of the Circuit Court shall file a verified report with the Clerk of the Jackson County Legislature of the fees collected pursuant to the provisions of 1327.01 and RSMo 455.205.2.

 

1327.3  Payment of Fees Collected.

Upon the filing of the monthly report required in 1327.02, the Clerk of the Circuit Court shall forthwith pay over to the Manager of the Division of Finance all fees collected pursuant to 1327.01 and RSMo 455.205.2.

 

1327.4  Deposit of Fees.

The Manager of the Division of Finance shall deposit all fees received pursuant to 1327.00 in a special fund to be expended only to provide financial assistance to shelters for victims of domestic violence as provided in RSMo 455.200 to 455.230.  Section B.                       Effective Date.  This ordinance shall be effective as of August 28, 2000.

 

 

 

Enacted and Approved

Effective Date:  This Ordinance shall be effective immediately upon its signature by the County Executive.

 

 

APPROVED AS TO FORM:

 

_________________________                                     _______________________________

                                                                                             County Counselor

 

I hereby certify that the attached Ordinance, Ordinance #3047 of July 31, 2000 was duly passed on _______August 14_______________, 2000 by the Jackson County Legislature.  In the votes thereon were as follows:

 

                     Yeas ______7_________         Nays _______0________

 

                     Abstaining _____0______         Absents ____2________

 

 

This Ordinance is hereby transmitted to the County Executive for her signature.

 

 

____________________                       ________________________________

Date                                             Mary Jo Brogoto, Clerk of Legislature

 

 

I hereby approve the attached Ordinance #3047.

 

 

_________________                        _________________________________

Date                                           Katheryn J. Shields, County Executive