SB 100
Modifies provisions regarding bankruptcy, child custody, adoptions, and child support administrative proceedings as well as court surcharges, court costs, and judicial personnel
Sponsor:
LR Number:
0212S.04T
Last Action:
7/2/2013 - Signed by Governor
Journal Page:
Title:
CCS HCS SB 100
Calendar Position:
Effective Date:
August 28, 2013
House Handler:
Cox

Current Bill Summary

CCS/HCS/SB 100 - This act modifies various provisions relating to various court proceedings, court costs, and surcharges and judicial personnel.

RELEASING INFORMATION:

First, the act repeals the requirement that a member of the judiciary must notify the Department of Revenue when the member's status changes and the member no longer qualifies for the exemption which prohibits the Department from releasing certain information (Section 32.056)

This provision is identical to provisions in CCS/SS/SCS/HCS/HB 374 & 434 (2013) and HCS/HB 371 (2013).

CRIMINAL RECORDS AND JUSTICE INFORMATION ADVISORY COMMITTEE:

Within the Department of Public Safety there is a Criminal Records and Justice Information Advisory Committee, which is composed of various members. This act replaces the chairman of the circuit court budget committee as a member of the advisory committee with the chairman of the court automation committee (Section 43.518).

This provision is identical to provisions in CCS/SS/SCS/HCS/HB 374 & 434 (2013), HCS/HB 371 (2013), and SS/SCS/HCS/HB 215 (2013).

CREDIT AGREEMENTS:

A credit agreement must be executed by both the debtor and the lender for a debtor to maintain an action upon or defense related to the credit agreement (Section 432.047).

This provision is identical to provisions in HCS/HB 371 (2013) and HB 375 (2013).

MORTGAGE LOAN ORIGINATORS:

The act requires licensed mortgage loan originators to complete one hour of continuing education in Missouri law and regulations, as part of the eight hours of education necessary to maintain licensure (Section 443.723).

This provision is identical to provisions in HCS/HB 371 (2013).

CHILD CUSTODY:

Currently, when custody or visitation is interfered with by a parent without good cause the aggrieved person may file a family access motion with the court stating the facts which constitute a violation of the judgment of dissolution or legal separation. This acts states that the aggrieved person may file a family access motion with the court also for a violation of a judgment of paternity (Section 452.400).

This provision is identical to HB 566 (2013).

ADOPTION PROCEEDINGS:

When the person sought to be adopted is under eighteen then written consent of certain persons is required. The act specifies that the signatures of the mother of the child, the man who has established paternity of the child or the current adoptive parents of the child must execute in front of a judge or before a notary. If the signatures are executed in front of a judge then the judge must advise the birth parent of the consequences of consent (Section 453.030).

A parent may waive the necessity of consent to future adoption of the child, and the waiver must be acknowledged before a notary or executed in front of a judge. When the waiver is executed in front of a judge then the judge must advise the parent of the consequences of the waiver (Section 453.050).

These provisions are substantially similar to provisions in HCS/HB 371 (2013).

ADMINISTRATIVE PROCEEDINGS:

The act grants the authority to administrative hearing officers from the Department of Social Services to set aside or correct administrative child support decisions or orders and proposed administrative modifications of a judicial order. Such authority to set aside or correct decisions, orders or modifications must be done after written notice and an opportunity to respond to all parties and any objection or response to such motion shall be made in writing within 15 days from the filing of the motion to correct or set aside. The act specifies the conditions and time frame under which the corrections can be made.

Specifically, an order, decision or modification based on errors arising from mistake, fraud, misrepresentation, excusable neglect or inadvertence may be corrected prior to being filed with the court provided the written motion is mailed to all parties and filed within 60 days of the administrative decision, order or proposed decision and order. Any objection or response to the motion shall be filed within 15 days from the mailing of the motion. No decision, order, or proposed modification of a judicial order may be vacated after 90 days from the mailing of the administrative decision, order, or proposed modification of a judicial order.

In cases of lack of jurisdiction, the hearing officer may, after notice to the parties, on his or her own initiative or upon the motion of any party or the Family Support Division, vacate the administrative order or proposed administrative modification of a judicial order if it is found the order, decision or modification was without subject matter or personal jurisdiction or due process and the order, decision or modification had not been filed with the court.

This act also specifies however, that no corrections shall be made during the court's review of the applicable administrative decision, order or proposed order as authorized under the judicial review procedures for such administrative decisions under Chapter 536, RSMo, except in response to an express order from the reviewing court (Section 454.475).

These provisions are identical to provisions in CCS/SS/SCS/HCS/HB 374 & 434 (2013) and SCS/SB 69 (2013).

SEGREGATION OF FEES COLLECTED BY THE OFFICE OF STATE COURTS ADMINISTRATOR:

The act specifies that moneys collected for providing training to judicial personnel by the Office of State Courts Administrator shall be deposited in a special fund, but moneys in the fund in connection with a particular purpose shall be segregated and not disbursed for any other purpose (Section 476.057).

These provisions are identical to provisions in CCS/SS/SCS/HCS/HB 374 & 434 (2013) and HCS/HB 371 (2013).

SUBMISSION OF JUDICIAL WEIGHTED WORKLOAD MODELS:

The act states that the Supreme Court shall submit a judicial weighted workload model and a clerical weighted workload model to the chairs of both the House and the Senate Judiciary Committees, to be distributed to the members of the General Assembly (Section 477.405).

These provisions are identical to provisions in CCS/SS/SCS/HCS/HB 374 & 434 (2013).

DWI COURT:

The act allows the DWI court to use a private probation service when the Division of Probation and Parole is unavailable to assist in the supervision of a person who wishes to enter a DWI court. A person cannot be rejected from participating in the DWI court for not residing in the city or county where the DWI court is located (Section 478.007).

This provision is identical to provisions in CCS/SB 327 (2013), and similar to provisions in HCS/SB 73 (2013), HB 354 (2013), HCS/HB 371 (2013).

JUDICIAL POSITIONS:

When a judicial weighted workload indicates for three consecutive years that a judicial circuit with a population of one-hundred thousand or more is in need of four or more full-time judicial positions, then there shall be one additional associate circuit judge position in such circuit. In circuits composed of multiple counties, the additional associate circuit judge position shall be apportioned among the counties based on population (Section 478.320).

This provision is identical to provisions in CCS/SS/SCS/HCS/HB 374 & 434 (2013).

SURCHARGES IN CIVIL CASES:

The act modifies provisions which allow Jackson County to charge up to a twenty dollar surcharge when a party files a civil court case. Currently, only Jackson County can charge twenty dollars, and all other circuits may charge up to fifteen dollars. This act authorizes any circuit court that reimburses the state for the salaries of family court commissioners to charge up to a twenty dollar surcharge for such cases (Section 488.426).

This provision is identical to provisions in CCS/SS/SCS/HCS/HB 374 & 434 (2013), HCS/HB 371 (2013), SB 44 (2013), SCS/SB 45 (2013), and HB 323 (2013).

KANSAS CITY MUNICIPAL VIOLATIONS SURCHARGE:

The act allows Kansas City to provide for an additional surcharge of up to seven dollars in municipal ordinance violation cases. No additional cost shall be collected in a proceeding involving an indigent defendant. The surcharge shall be used to fund special mental health, drug, and veterans courts.

(Section 488.2230).

This provision is identical to HB 764 (2013) and HB 424 (2013).

COURT TRANSCRIPTS COSTS:

The act specifies that the court reporter shall receive three dollars and fifty cents per page for appeal transcripts. When the defendant is indigent or when a judge orders a transcript, the court reporter shall receive two dollars and sixty cents per page (Section 488.2250).

This provision is identical to provisions in CCS/SS/SCS/HCS/HB 374 & 434 (2013), HCS/HB 371 (2013), HCS/HB 215 (2013), and HCS/SB 73 (2013).

MODEX FUND:

Currently, sheriffs, county marshals and other officers are not allowed to charge for their services rendered in cases disposed of by a violations bureau. This act allows these officials to charge for their services, even when a case is disposed of by a violations bureau. One-half of the amount collected will be deposited in the MODEX fund. The other half will be deposited in the inmate security fund of the county or municipality where the citation originated. If the county or municipality does not have an inmate security fund, all of the amount collected shall be deposited in the MODEX fund.

This act also creates the MODEX fund. The fund will be used for the support and expansion of the Missouri Data Exchange (MODEX) system. The Peace Officers Standards and Training Commission will administer the fund.

The act specifies that sheriffs, county marshals or other officers located in St. Louis County or St. Louis County cannot charge for their services rendered in cases disposed of by a violations bureau (Section 488.5320).

These provisions are identical to provisions in CCS/SS/SCS/HCS/HB 374 & 434 (2013), HCS/HB 371 (2013), CCS/HCS/SCS/SB 42, and similar to provisions in SCS/SB 52 (2013), HCS/HB 169 (2013), HB 86 (2013), and HB 464 (2013).

BANKRUPTCY PROCEEDINGS EXEMPTIONS:

Under current law a person, either as a participant or a beneficiary, can exempt from attachment in bankruptcy proceedings the right to receive money from a retirement or profit-sharing plan. This act includes a person's interest in health savings plans and inherited accounts to this list of exemptions (Section 513.430).

These provisions are identical to provisions in CCS/SS/SCS/HCS/HB 374 & 434 (2013), HCS/HB 371 (2013), SCS/HB 329 (2013), and HB 447 (2013).

WAIVER OF COURT COSTS:

Currently when a legal aid society, legal services, or a nonprofit organization represents an indigent party in a civil case, the court costs and expenses are waived without motion and court approval, provided that the organization has already determined the party is unable to pay the expenses and filed the determination with the court. This act adds law school clinics to the list of organizations who may waive court expenses without filing a motion with the court (Section 514.040).

These provisions are identical to provisions in CCS/SS/SCS/HCS/HB 374 & 434 (2013), and HCS/SS/SB 45 (20130.

JESSICA BAKER

Amendments