- House Committee Substitute -

HCS/SS/SCS/SB 678 & 742 - This act revises various provisions regarding judicial and administrative procedure.

43.503 - Currently, a prosecuting attorney must file a motion to obtain the fingerprinting of a convicted defendant prior to sentencing or commitment. The act deletes the requirement of the motion prior to ordering fingerprinting.

56.085 - Allows associate circuit judges to issue investigative subpoenas in criminal cases, in the same manner as circuit judges.

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

104.312 - Currently, state pensions administered by MOSERS may be divided as of the date of a divorce decree. The act amends this provision to allow division of such pensions as of a date agreed upon by the parties.

193.185 - Officiant shall return marriage license to recorder within 60 days after ceremony (currently 10 days).

196.790 - Parties may not received a trial de novo from findings of any violation of state adulterated food and milk laws.

210.865 - 210.870 - Allows certain information to be shared with Department of Elementary and Secondary Education; creates Juvenile Information Governance Commission. This portion is identical to HB 1472.

210.089 - Repeals provision entitling minor to a hearing within 15 days of notice of findings of Juvenile Commissioner.

211.185 - Currently, court may order child and parent to make restitution of $4,000 or less; increases amount of liability to $20,000.

286.010 - Governor may appoint three additional administrative law judges in Division of Workers' Compensation before January 1, 2003.

303.041 - Allows Director of Revenue to take enforcement action for violations of administrative supervision. Currently, such actions are allowed for violation of court supervision only.

320.091 - Limits liability for donated fire equipment (similar to HB 1477, SB 746).

351.025 & 354.065 - Extends the sunset clause for when not for profit health services corporation may file for and amend its articles of incorporation to become a for profit corporation from August 31, 2000 to August 31, 2001.

375.1220 - Removes sunset clause for authority of liquidator to negotiate a voluntary release of debts; extends sunset for other provisions from 2000 to 2001.

426.220 & 426.230 - Eliminates trials de novo from judgments regarding fraudulent transfer of property intended to violate creditors' rights.

429.145 - Allows party with an interest in real estate to file a mechanic's lien release bond.

429.270 - Payment of full agreed upon amount is complete defense to mechanic's lien on real estate improvements.

429.360 - Eliminates trials de novo in actions to enforce mechanic's liens.

451.080 - Officiant shall return marriage license to recorder within 60 days after ceremony (currently 90 days).

452.556 - Currently, courts are required to mail a handbook to parties involved in a dissolution proceeding. The act allows courts to provide a copy of the handbook to the petitioner when the case is filed, and to the respondent when being served with the summons.

455.040 - Courts may enter information regarding adult abuse orders in the Missouri Uniform Law Enforcement System, using computer links between the court automation system and MULES.

455.050 - Allows adult abuse orders to prohibit a respondent from entering any dwelling occupied by the parties.

455.205 - Allows surcharge for domestic violence shelters, currently restricted to dissolution cases, when any civil case is filed in circuit court.

476.690 - Increases amount of retirement compensation for judges who retired prior to August 28, 1995 (similar to SB 642).

478.009 - Establishes Drug Courts Coordinating Commission (identical to SB 774, HB 1403).

478.037 - Provides procedure for review of decisions of commissioners. In civil cases, parties have 15 days to file objections before decision takes effect; in criminal cases, decision is effective immediately, and parties have 15 days to file objections. Objections to findings shall not stay judgment unless ordered by court.

479.150 - Technical correction (deletes reference to repealed section).

482.330 - Clarifies number of small claims court cases that one party may file annually; revises venue provision to be identical to other civil cases.

483.310 - Retains clerk's discretion to deposit any funds, other than costs, that are paid into the registry of the circuit court. Allows court to use funds if party fails to apply for money; majority of court may approve use of funds for clerk's expenses.

483.500 - In cases appealed to Court of Appeals or Supreme Court of Missouri, fees shall be paid to circuit clerk of county which issued the original decision.

487.030 - Repeals language inconsistent with new procedure for review of decisions of commissioners (see 478.037).

494.455 - Exempts Greene County from minimum juror pay, and provides its jurors shall receive $50 daily for third and subsequent days of jury duty.

512.180 - Deletes provision allowing trial de novo in associate court cases tried without a jury and involving claims of damages of $5,000 or less. Appeals to the Supreme Court or Court of Appeals from any decision of an associate circuit court shall be governed by the same rules as appeals from circuit court decisions.

534.070 - Allows clerk to issue subpoenas in landlord-tenant cases.

534.350, 534.360, 534.380, 535.030 & 535.110 - Eliminates trials de novo from landlord-tenant cases.

537.045 - Increases parental liability in certain cases from $2,000 to $20,000, when parent named as a defendant. Excludes child placed in residential care facility.

537.765, 537.768, 537.681, 537.687, 537.690 & 537.693 - Establishes procedure for distribution of Tort Victims' Compensation Fund. The act establishes a Legal Services for Low-Income People Fund, which may consist of up to 35 percent of the proceeds in the Tort Victims' Compensation Fund, to support recipients of federal Legal Services Corporation funding. The remaining 65 percent of the Fund is dedicated to uncompensated tort victims. Attorneys' fees and expenses are paid prior to calculating 50 percent to the Tort Victims' Compensation Fund.

541.020 - Technical correction (deletes outdated provision granting circuit courts jurisdiction in trials de novo in criminal cases).

550.120 - Currently, originating county must pay trial costs associated with change of venue in criminal cases. The act revises this provision to apply in civil proceedings as well.

565.030 - Exempts mentally retarded defendants from death penalty.

610.105 - Clarifies the portion of the record of a final disposition that shall remain accessible in a criminal proceeding in which the records are ordered expunged.

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

621.155, 621.165, 621.175 & 621.185 - Repeals procedural requirements to determine constitutionality of administrative rules in cases before Administrative Hearing Commission.

621.189 - Technical correction.

621.198 - Administrative Hearing Commission may by rule establish a filing fee for original actions brought by non-state parties.

Section 1 - In executive branch agencies that employ administrative law judges, that also charge one of the administrative law judges with responsibility for office, the chief administrative law judge shall be elected by such judges for a two year term. This section is effective January 1, 2001.

Section 2 - The elimination of trials de novo shall apply to cases filed on and after January 1, 2001.

JOAN GUMMELS