Missouri State Senate

House Committee Substitute

HCS/SS/SB 1058 - Under the House Committee Substitute version of the Senate act, the title was transmogrified from one relating to "the vehicle protection product act" to one relating to "judicial procedures and personnel."

STATE LEGAL EXPENSE FUND - The act allows physicians and dentists who provide specialty care without compensation and who were referred by his or her city or county health department, city health department operating under a city charter, combined city-county health department, or a nonprofit community health center to be included in the list for whom the State Legal Expense Fund is available. The fund is not available to a physician who performs an abortion procedure. The act limits claims arising out of the state legal expense fund to a maximum of $1 million based upon the same act or acts in a single cause of action and $1 million for any one claimant. Liability or malpractice insurance will not be considered available to pay any portion of the judgment when the fund is liable.

MARSHALS - The act requires that marshals appointed for appellate courts be compensated at the same amount as the highest salary set for marshals of circuit courts.

CORPORATION REGISTRATION REPORTS - The act allows a corporation to change the month of its corporate registration report by designating the desired month and paying an additional $20 fee. Beginning January 1, 2007, a corporation will also be allowed to file a corporate registration report on a biennial basis. Corporations incorporated in an even-numbered year may only file a report in an even-numbered year, and corporations incorporated in an odd-numbered year may only file a report in odd-numbered years. The act establishes the fee for filing a biennial corporate report at $80 if filed in a written format and $30 for an electronic format. Any corporation filing a biennial report must maintain the registration for two years, but may choose to file an annual registration in subsequent years.

ATTORNEY/NOTARY PUBLIC - The act allows an attorney to serve as a notary public until his or her commission is revoked. Notary status for an attorney will be revoked if the attorney's law license is suspended, revoked, or terminated. The act requires attorney notaries to submit a one-time notary fee of $75 and a $10 fee to the Secretary of State's Technology Trust Fund. The act exempts attorney notaries from the surety bond provisions of the notary statute.

TRUST CODE - The act revises the laws to reflect recent changes in the Uniform Trust Code at the national level by limiting a settlor's ability to represent and bind beneficiaries in actions to amend or terminate trusts and adds a definition of "mandatory distribution". The act redefines "power of withdrawal" for uniform trust purposes.

MISSOURI PRUDENT INVESTOR ACT - The act changes cross references in the laws to conform with the Missouri Prudent Investor Act.

DOCTRINE OF WORTHIER TITLE - The act abolishes the Doctrine of Worthier Title to prevent inadvertent disqualification of special needs trusts.

REGISTRATION OF TRADEMARKS - The act requires the registration of a trademark to be filed with a signed statement that the registrant has a bona fide intention to use the mark in commerce or in connection with the goods or services listed in the application. The act allows a single application for the registration of the same trademark for goods or services in multiple classes and increases the registration fees from $50 to $75 for an application, from $10 to $20 for its renewal, and from $50 to $75 for an assignment.

CUSTODY ARRANGEMENTS - The act requires a court, when it does not award a custody arrangement requested by either parent of the child, to make a written statement citing specific findings of fact and conclusions as to why it is not in the best interest of the child.

ELECTRONIC TRANSFER CHILD SUPPORT - The act provides for the electronic transfer of child support payments.

LIENS ON COMMERCIAL RENTAL EQUIPMENT - The act revises the provisions regarding liens on commercial rental machines and equipment.

MUNICIPAL COURT FILING FEE - The act authorizes a fee of $1.50 on a municipal court filing to be deposited into the Basic Civil Legal Services Fund.

COURT TRANSCRIPTIONS - The act authorizes a fee to be paid for cost-of-living adjustments for court reporter transcriptions.

KANSAS CITY MUNICIPAL SURCHARGES - The act authorizes Kansas City municipal courts to assess and distribute to the municipality a $2 surcharge on any municipal violation where the defendant pleads or is found guilty.

LANDLORD DISPOSAL OF TENANT PROPERTY - The act allows a landlord to dispose of a tenant's personal property, without recourse by the tenant, when the landlord is enforcing a valid judgment for possession of the premises. Any personal property left on the premises after execution of judgment shall be deemed abandoned.

MANDATORY RETIREMENT OF KANSAS CITY MUNICIPAL JUDGES - The act establishes the mandatory retirement age for municipal judges in Kansas City at 65 years of age.

UNAUTHORIZED PRACTICE OF LAW - The act establishes the unlicensed practice of law as a Class A misdemeanor.

ST. LOUIS CIRCUIT CLERK - The act repeals the provisions authorizing the hiring of an attorney by the circuit clerk in the City of St. Louis to assist in the execution of his or her position as clerk.

JUVENILE JURISDICTION - The act lowers the age for juvenile court jurisdiction over children to 15 years of age for non-felony violations related to state or municipal traffic ordinances or tobacco use.

DEPUTY CIRCUIT CLERK - The act requires each county in the state to have at least one full-time deputy circuit clerk.

SENIOR JUDGE/COMMISSIONER - The act prohibits any judge not re-elected pursuant to the Missouri Court Plan's retention election provision to be appointed or serve as a senior judge or commissioner.

JUNK AND 2ND HAND PROPERTY DEALERS - The act repeals the provision requiring junk and second-hand property dealers to keep a register for copper wire and cable sales.

MOTOR VEHICLE EXTENDED SERVICE CONTRACTS, SERVICE AGREEMENTS, AND VEHICLE PROTECTION PRODUCT AGREEMENTS- Institutes statutory provisions governing companies that sell motor vehicle service contracts, service agreements and vehicle protection product agreements.

CYBER-CRIME GRANTS - The act authorizes the Department of Public Safety to create a program to distribute grants to multijurisdictional Internet cyber-crime law enforcement task forces and other law enforcement agencies.

VIRTUAL VISITATION - The act defines "virtual visitation" for purposes of child custody law as parenting time using a telephone, e-mail, instant messaging, video conferencing, or any other wired or wireless technologies over the Internet or other communication media. The act requires the parties in a dissolution of marriage proceeding to submit in their proposed parenting plan a specific written schedule for virtual visitation, where appropriate.

WRIT OF ATTACHMENTS - Thea ct modifies the writ of attachment provisions regarding witnesses in criminal cases and allows the court to discharge the witness after paying a bond amount necessary to secure the witness' future attendance in court.

MUNICIPAL COURT COSTS - The act authorizes municipal courts to assess municipal court costs to a consenting defendant in cases where the charges are dropped or dismissed.

SUNSHINE LAW - The act amends sections 610.021 and 610.100 by prohibiting release of records and documents related to internal investigations by a law enforcement agency into matters of fitness and conduct by a law enforcement officer . However, if such documents are used or shared by an agency in a criminal investigation involving an officer, the prohibition on release shall not apply.

STEPHEN WITTE

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