CCS/SS/SCS/SB 230 - This act modifies several provisions relating to judicial proceedings, including: (1) ABLE account assets; (2) venue in guardianship and conservatorship proceedings; (3) public defenders; and (4) venue.ABLE ACCOUNT ASSETS (Sections 209.625 and 472.010)
This act provides that the assets held in an ABLE account shall not be considered the property of a conservatorship estate, with the exception of accounts in the charge and custody of a public administrator.
This provision is identical to SB 426 (2019) and provisions in SCS/HCS/HB 678 (2019).
VENUE IN GUARDIANSHIP AND CONSERVATORSHIP PROCEEDINGS (Sections 475.035 and 475.115)
This act modifies current law to require proper venue in cases of appointment of a guardian or conservator of a minor or incapacitated or disabled person to be the following: (1) the county where the minor or incapacitated or disabled person is domiciled, as long as placement by a court, fiduciary, or agency in such county does not count as choice of domicile; or (2) if there is no domicile, then the county where the minor or incapacitated or disabled person has a significant connection, as specified in the act. If venue for guardianship and conservatorship is in different counties, then venue shall be in the county of the guardianship.
Additionally, this act repeals provisions of current law regarding the commencement of proceedings in more than one county and venue when transferring certain cases involving the appointment of a successor guardian or conservator.
These provisions are identical to provisions in SCS/HCS/HB 678 (2019).
PUBLIC DEFENDERS (Sections 476.001 and 600.042)
This act removes a provision requiring the Director of the Public Defender's Office to prepare a plan to establish district offices, which would coincide with existing judicial circuits.
This provision is identical to provisions in the truly agreed to and finally passed SS/SCS/HCS/HB 192 (2019) and HB 868 (2019).
VENUE (Section 508.010)
For the purposes of meeting the venue requirement, there is a rebuttable presumption that the principal place of residence for an individual is the county of voter registration at the time of the injury. For an individual whose employment conduct with a corporation is at issue in at least one count in the action, the principal place of residence shall be the corporation's principal place of residence. For a corporation that wholly owns or operates a railroad, the principal place of residence shall be the place where the corporation has its registered agent, provided that the registered agent is in a city not within a county, a charter county, or a first class county. When all defendants are nonresidents, proper venue in a non-tort action is any county in this state if there is personal jurisdiction over each defendant, independent of each other defendant.
In tort actions where the plaintiff was first injured in Missouri, venue shall be the county where the plaintiff was first injured by the acts or conduct alleged in the action. In tort actions where the plaintiff was injured outside the state of Missouri and the defendant is an individual, venue for that individual plaintiff shall be the county where the defendant has his or her principal place of residence, which shall be that of his or her employer corporation if any count alleges conduct in the course of employment.
If the county where the action is filed is not proper venue, the plaintiff shall be transferred to a county where proper venue can be established. If no such county exists, then the claim shall be dismissed without prejudice. If denied in error, a denial of a motion to transfer venue pursuant to this act is required to be reversed and no finding of prejudice is required for such reversal.
For the purposes of meeting the venue requirement, an insurance company resides in the county where it maintains its registered office. A foreign insurance company without a registered office in any county in Missouri shall be deemed to reside in, and be a resident of, Cole County.
This provision is substantially similar to a provision in the truly agreed to and finally passed SS#2/SB 7 (2019) and a provision in SCS/HB 186 (2019).
SARAH HASKINS