Missouri House Bill HB2095

Missouri 2024 Regular Session

• Introduced: 1/3/24
• Refer: 1/11/24

Caption

Creates a special surcharge in civil cases for construction of a new courthouse in the twenty-third judicial circuit

Impact

The funds raised by this surcharge will be directed into a courthouse construction fund, which must bear interest and can only be used for the purposes of constructing a new courthouse belonging to the twenty-third judicial circuit. This could significantly impact the availability of funds for future courthouse projects and may influence how civil litigation is conducted in terms of financial responsibilities for litigants. The bill has a sunset provision, indicating that it will expire on August 28, 2045, unless extended.

Summary

House Bill 2095 proposes to amend Chapter 488 of the Revised Statutes of Missouri by adding a new section that establishes a specific surcharge for civil cases filed in the circuit court of the twenty-third judicial circuit. This surcharge amounts to forty-five dollars, which must be paid by any party filing a civil case at the time of submitting their lawsuit. Until this surcharge is paid, no summons will be issued, thereby making it a precondition for moving forward with civil litigation in that jurisdiction. The bill aims primarily to create a funding mechanism for the planning and construction of a new courthouse in this circuit.

Contention

Notable points of contention surrounding HB2095 center on the imposition of this surcharge. Critics may argue that adding costs to civil litigation could deter individuals from pursuing legitimate claims due to the additional financial burden it places on litigants. Conversely, proponents could argue that the surcharge is a necessary measure to ensure that adequate judicial facilities are available for future needs. Ensuring that there are enough resources to support the judicial system might be viewed as essential to maintaining rule of law and timely access to justice, reflecting a broader debate about funding for public infrastructure.

Implementation

Successful implementation of this bill would require careful oversight to ensure that the collected surcharges are managed properly and used solely for their designated purpose. Moreover, the judiciary would need to adapt its processes to account for this new requirement in civil case filings, which may necessitate updates to legal administrative systems and training for court clerks to ensure compliance with the new regulations.