SB 0678 Makes several changes to court procedures; authorizes payments from Tort Victims' Fund
LR Number:3007L.07C Fiscal Note:3007-07
Last Action:05/12/00 - In Conference Journal page:
Title:HCS SS SCS SBs 678 & 742
Effective Date:August 28, 2000
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Current Bill Summary

CCS/HS/HCS/SS/SCS/SB 678 & 742 - This act revises various provisions regarding judicial and administrative procedure. The Conference Committee Substitute, as amended by Conference Committee Amendment No. 1, was not adopted by either chamber.

SECTION 34.040: Requires the state auditor to annually audit cost-plus contracts; requires the commissioner of administration to adopt rules for bidding procedures via the Internet.

SECTION 34.046: Clarifies that the term "another governmental entity" includes the federal governmental services administration.

SECTION 34.070: Requires the division of purchasing to conduct a lottery to determine the successful bidder if more than one bid is of equal quality and price.

SECTION 34.076: Requires bidders domiciled outside of Missouri to comply with requirements applicable to bidders domiciled in Missouri.

SECTION 34.165: Deletes this section relating to purchasing procedures for the state.

SECTION 37.020: Requires the office of administration to audit annually reports of minority business participation and conduct an annual conference on the state's minority business enterprise program.

SECTION 43.503: Requires courts to order fingerprinting of all persons before sentencing or commitment.

SECTION 56.066: St. Francois County prosecuting attorney shall be full time and not engage in other practice of law.

SECTION 56.085: Allows associate circuit judges to issue subpoenas in criminal investigations.

SECTION 67.133: Requires felony court costs to be assessed in felony traffic cases.

SECTION 70.300: Each cooperative contract of political subdivision shall be in writing and a copy filed with the Secretary of State.

SECTION 104.312: Allows parties in a divorce to agree to a date for division of pension assets. Current law allows division only as of the date of the decree.

SECTION 105.1225: Requires technology master plans of executive branch agencies.

SECTION 161.640: Requires DESE to establish a pilot project in its technology master plan in Saline county to purchase computer software designed for the reactive acquisition of vocabulary elements.

SECTION 193.185: Requires persons who perform marriage ceremonies to certify the marriage within 60 days after the marriage.

SECTION 196.790: Eliminates trials de novo for violations of Missouri's imitation butter laws.

SECTIONS 210.865 & .870: Requires the Department of Elementary and Secondary Education to share information concerning juveniles with the State Courts Administrator and the departments of social Services, Mental Health, and Health. The substitute also establishes the Juvenile Information Governance Commission to recommend standards for the sharing of information about juveniles between executive agencies and circuit courts.

SECTION 211.029: Repeals provisions relating to appeals from findings of juvenile court commissioners to allow such procedures to be governed by Section 478.037, RSMo.

SECTION 210.181: Court may suspend imposition of disposition of juvenile to Division of Youth Services.

SECTION 211.185: Increases from $4,000 to $20,000 the maximum amount that a parent and child may be ordered to pay as restitution for a child's criminal act, for offenses after September 1, 2000.

SECTION 221.510: Jake's Law. Requires law enforcement officers to conduct warrant checks before releasing any prisoner.

SECTION 286.010: Allows the governor to appoint 3 additional administrative law judges to serve in the Division of Workers' Compensation prior to July 1, 2003.

SECTION 302.535: Removes authority of traffic court judges to hear Department of Revenue petitions.

SECTION 303.041: Allows the Director of Revenue to take enforcement action for violations of administrative supervision.

SECTION 320.091: Requires certain conditions to be met before donors of fire equipment may receive immunity from civil liability.

SECTIONS 351.025 & 354.065: Extends to August 31, 2001 the expiration date of certain provisions related to not for profit health services corporations.

SECTIONS 374.695 - 374.789: Professional Bail Bondsman Licensing Act.

SECTION 375.1220: Extends the expiration date of certain provisions relating to the liquidation of insurers.

SECTION 407.820: Clarifies long-arm jurisdiction of administrative agencies regarding motor vehicle transactions.

SECTION 407.822: Expands time limits for the process within the Administrative Hearing Commission (AHC). A party seeking relief may file an application for a hearing. The AHC will then enter an order fixing a date, time and place for a hearing on the record to all parties. The act places a hold on any franchisor action requiring "good cause" when the action is protested by a franchisee, and the administrative law judge determines that good cause does not exist. This act allows parties to obtain discovery in the same manner as other civil actions.

SECTIONS 426.220 & .230: Eliminates trials de novo from judgments finding a transfer of property violated creditors' rights.

SECTION 429.015: Allows cities and counties with charter form of government to have a lien in place of mechanic's lien under certain circumstances.

SECTION 429.360: Eliminates trials de novo in suits to enforce mechanics' liens.

SECTION 431.056: Allows minors to be competent to contract if the minor is 16 or 17 years of age, homeless or a victim of domestic violence, self-supporting, and living independent of parental control with parental consent.

SECTION 451.080: Requires persons solemnizing a marriage to return the license to the issuing office within 60 rather than 90 days.

SECTIONS 452.370, 454.498: Deletes the court's authority in cases filed by the Division of Child Support Enforcement to modify a support order when the existing order differs from the amount that would be ordered under current guidelines.

SECTION 452.556: Allows courts in a divorce proceeding to provide the petitioner a copy of a handbook when the case is filed. The court may provide the respondent with the handbook when the summons is served.

SECTION 455.040: Allows courts to enter information regarding any adult order of protection in the Missouri Uniform Law Enforcement system or a comparable system.

SECTION 455.050: Allows adult orders of protection to prohibit a respondent from entering any dwelling occupied by the parties.

SECTION 455.205: Allows counties to assess in all civil cases a $2 surcharge for funding domestic violence shelters. Currently, the surcharge may be assessed only in divorce actions.

SECTION 476.777: Creates and sets forth procedure for Missouri CASA Fund.

SECTIONS 478.001 - .009, 478.466: Establishes the Drug and Alcohol Abuse Courts Coordinating Commission to coordinate the allocation of resources to drug courts throughout the state (478.009). Adds alcohol abuse to the drug court section.

SECTION 478.037: Provides procedures for review of decisions by commissioners and specifies that a court order adopting the commissioner's finding remains effective when objections are filed unless a stay is ordered by the court.

SECTION 479.150: Repeals a reference to a deleted section.

SECTION 479.500: Removes authority of traffic court judges to hear Department of Revenue petitions.

SECTION 482.330: Requires the court in a small claims case to dismiss the case if the claimant has filed more than 8 small claims in one year. The substitute also applies the general venue provisions for civil actions to small claims actions.

SECTION 483.500: Requires fees to be paid to the circuit clerk of the county which issued the original decision in cases appealed to the Court of Appeals or the Supreme Court of Missouri.

SECTION 487.030: Repeals language inconsistent with Section 478.037 regarding review of family court commissioner decisions.

SECTION 491.076: Creates hearsay exception for certain statements of elderly or disabled persons.

SECTION 494.455: Requires the Supreme Court to establish in Greene County a pilot project to compensate jurors at a rate of $50 day for the third consecutive day of service and each day after the third day.

SECTION 512.180: Deletes the provision allowing trials de novo in associate court cases tried without a jury and involving claims of damages of $5,000 or less.

SECTION 514.440: Extends the date from 1/1/97 to 1/1/01 for circuit courts to adopt for civil cases a filing fee not to exceed $15 for law libraries. Allows additional surcharge in Jackson County circuit court.

SECTIONS 534.070, .350, .360, & .380; 535.030 & .110: Allows clerks to issue subpoenas in forcible entry and unlawful detainer actions and eliminates trials de novo from unlawful detainer and landlord-tenant cases.

SECTION 536.025: Agencies shall file administrative rules with state representative and senator of area impacted, upon request.

SECTION 537.045: Amends the parental liability limit from $4,000 to $20,000 for the purposeful damage of property by children, for offenses after September 1, 2000. Excludes children placed by the state into a residential care facility.

SECTIONS 537.675 - .693: Establishes procedures to distribute the Tort Victims' Compensation Fund which require 28.5 percent of payments to the fund to be used for legal services for low-income individuals and 71.5 percent to be used to assist uncompensated tort victims.

SECTION 541.020: Deletes trial de novo language.

SECTION 548.131: Allows the court to order funds deposited with the court treasury to secure bail, in lieu of a bond, in extradition proceedings.

SECTION 550.120: Amends provisions requiring originating county to pay trial costs associated with change of venue case in criminal proceedings to include civil proceedings.

SECTION 565.030: Adds additional procedures allowing the court and the trier of fact, in first degree murder cases, to determine if the defendant is mentally retarded. If the defendant is determined to be mentally retarded, the death penalty may not be imposed. These procedures apply to offenses committed on or after August 28, 2000.

SECTION 575.060: Adds knowingly submitting a false report to the state to the list of offenses constituting the crime of making a false declaration with the purpose to mislead a public servant.

SECTIONS 589.400 - 589.425: Revises provisions regarding registration of offenders.

SECTION 595.035: Payments from Crime Victims' Compensation Fund shall be reduced by life insurance proceeds received.

SECTION 610.105: Clarifies that the court's judgment or final order may be disclosed when criminal charges are dismissed or when the accused was found not guilty or received a suspended imposition of sentence.

SECTION 620.1600: Requires the Department of Economic Development to establish as a pilot project in its technology master plan a program to provide consulting services to minority entrepreneurs through the Internet.

SECTION 621.053: Allows the AHC to set a filing fee equal to the filing fee in the circuit court of Cole County for cases arising under Chapter 407, RSMo (Merchandising Practices).

SECTION 621.055: Requires the Department of Social Services to issue a notice of appeal rights with all decisions that are appealable to the Administrative Hearing Commission.

SECTIONS 621.155, .165, .175, .185, & .189: Deletes provisions relating to the Administrative Hearing Commissions's authority to determine the constitutionality of administrative rules.

SECTION 621.198: Allows the Administrative Hearing Commission to set by rule a filing fee for original actions brought by non- state parties.

SECTIONS 650.350 - 650.384: Provides for licensing and regulation of private investigators.

SECTION 650.055: Allows a defendant convicted of violent or sexual felonies requiring testing to make a post-conviction motion for DNA testing of evidence from trial; requires preservation of evidence.

SECTIONS 1 & B: Specifies that the substitute's provisions eliminating trials de novo become effective on January 1, 2001 and apply to cases filed on or after January 1, 2001.

SECTION 2: Revenue in special trust fund pursuant to Section 67.582, RSMo, may be used for capital improvement projects for law enforcement facilities.

SECTION 3: Transfers functions of Ethics Commission regarding electronic reporting to Office of Administration, effective January 1, 2001.

SECTION 4: Director of Department of Social Services shall notify local prosecutor of payments by owners of long-term care facility to influence decision of elderly or disabled person.

SECTIONS 5 & 6: Provides for chief administrative law judge in state agencies.

SECTION 7: Restraining order may be issued against person less than 18 if otherwise appropriate.