SB 976 Modifies a variety of laws on a variety of topics, including but not limited to laws regarding business organizations, real property, compensation for sheriffs, disposition of dead human bodies, drug monitoring, juvenile law, workers' compensation, banks, and courts
Sponsor: Ridgeway
LR Number: 4255L.05C Fiscal Note: 4255-05
Committee: Judiciary and Civil & Criminal Jurisprudence
Last Action: 5/16/2008 - In Conference--SB 976-Ridgeway, with HCS#2, as amended Journal Page:
Title: HCS#2 SB 976 Calendar Position: 3
Effective Date: Varies
House Handler: Stevenson

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Current Bill Summary


CCS/HCS#2/SB 976 - This act defines "certified mail", as it relates to the laws of this state, to include any parcel or letter carried by a delivery service that allows a sender or recipient to electronically track its location. Section 1.020.

The act provides that a water or sewer line easement granted to the county commission or any other political subdivision shall not be construed as a transfer of title of real property. Section 49.292.

This act modifies provisions relating to forensic examinations of sexual offense victims. If the appropriate medical provider reasonably believes a sexual offender could be a parent or guardian of the victim and the victim is a minor under the age of eighteen, the medical provider shall only be required to provide written notice to the nonoffending parent or guardian of the forensic examination. The Department of Health and Senior Services currently develops a checklist for medical providers to refer to when providing treatment. Under this act, the department shall also develop an evidentiary collection kit, when appropriate, for medical providers.

Currently, the Department of Health and Senior Services pays medical providers to cover the forensic exam costs for individuals who may be victims of a sexual offense. Under this act, the Department of Public Safety shall pay the cost of the exams to the medical providers with money from the newly created "Sexual Offense Forensic Examination Compensation Fund". The fund shall consist of money from the crime victims' compensation fund and the state general revenue fund. Federal funds may also be used to make payments to such medical providers.

The Department of Public Safety shall promulgate rules and regulations establishing which procedures performed by medical providers shall qualify for payment from the federal funds and the Sexual Offense Forensic Examination Compensation Fund and establishing reimbursements rates for such procedures. The checklists for medical providers shall be used when promulgating the rules. Sections 191.225, 595.045, and 595.107.

Current law provides that the juvenile court shall not have jurisdiction over a child who is 15 and one-half years of age or older who is alleged to have violated municipal or state traffic regulations or tobacco use violations. This act lowers the age for the exemption from juvenile court jurisdiction to 15 years of age. Section 211.031.

The act requires the return of a driver's license and removal of the suspension from an individual's driving record after such person failed to dispose of charges, failed to appear in court, or failed to pay any fine or court cost without good cause, upon proof of that the individual has satisfied the requirements of reinstatement. Section 302.341.

The act prohibits insurers, when investigating or settling an insurance claim, from assigning a percentage of fault to a party based solely upon the fact that the party was operating a motorcycle in an otherwise legal manner. Operating a motorcycle, in and of itself, cannot be considered as evidence of comparative negligence in any action to recover damages. Any violation of these provisions shall be an unfair trade practice subject to penalties. Section 379.130.

The act exempts any tenant from liability for rent payments when his or her residence was destroyed by an act of God or by any other natural or man-made disaster as long as the tenant was not the person who caused the disaster, unless there is a contract stating otherwise. Section 441.645.

The act provides that any transfer fee, declaration, or covenant which requires the payment of a fee to a specific person upon the transfer of real estate will not be binding on or enforceable against any subsequent owner, purchaser, or mortgagee of any interest in real property. Any lien claiming to secure the payment of a transfer fee under a transfer fee covenant recorded in Missouri on or after September 1, 2008, will be void and unenforceable. Section 442.558.

The residence of a child may be relocated 60 days after providing notice unless a parent files a motion seeking an order to prevent the relocation within 30 days after receipt of such notice. The motion must be accompanied by an affidavit setting forth specific items. Section 452.377.

A court shall be authorized to issue an order of temporary custody, visitation, or support prompted solely by a motion for modification of custody. Section 452.380.

The act repeals a doubly-enacted statute. Section 454.516.

The act authorizes a municipal court to assess municipal court costs against the defendant in the event that the case is dismissed before the defendant pleads guilty or is found guilty if the defendant consents to paying such costs, except in cases where the defendant is found to be indigent. Section 479.260.

The act allows costs and expenses related to the prosecution of a suit to be waived without the necessity of court approval on a motion when a party is represented by a legal aid clinic approved by a law school approved by the American Bar Association, or a nonprofit legal assistance program affiliated with such clinic, that uses the services of law students licensed to provide legal services to indigent persons under Supreme Court Rule 13. Section 514.040.

The act provides that in any action to recover damages arising out of ownership or operation of a motor vehicle, the fact that a party was operating a motorcycle shall not, in and of itself, be evidence of comparative negligence. Section 537.055.

The act expands the crime of tampering with a judicial officer to include juvenile officers and deputy juvenile officers. Section 565.084.

The act provides that, subject to appropriations, money in the Crime Victims' Compensation fund may be deposited into the sexual offense forensic examination compensation fund by the director of Revenue or the director's designee. Section 595.045.

Currently, the Department of Health and Senior Services pays medical providers to cover the forensic exam charges for people who may be victims of sexual offenses. Under this act, the Department of Public Safety shall pay the cost of the exams to the medical providers with money from the newly created "Sexual Offense Forensic Examination Compensation Fund". The fund shall consist of money from the crime victims' compensation fund and the state general revenue fund. Federal funds may also be used to make payments to such medical providers. The Department of Public Safety shall promulgate rules and regulations establishing which procedures performed by medical providers shall qualify for payment from the federal funds and the Sexual Offense Forensic Examination Compensation Fund and establishing reimbursements rates for such procedures. The checklists for medical providers shall be used when promulgating the rules. Section 595.107.

Currently, the authority for certain administrative commissions to hear appeals shall be transferred to the Administrative Hearing Commission (AHC), however, the authority to make final decisions after a hearing on appeals by the AHC shall remain with the enumerated commissions. This act provides that the administrative commissions enumerated within may render final decisions after hearing or through stipulation, consent order, agreed settlement, or by disposition similar to a default judgment, judgement on the pleadings, or summary determination.

The act also provides that if a person aggrieved by any decision for which authority to hear appeals was transferred to the AHC files a petition for appeal, the AHC may hold hearings or may make recommended decisions by stipulation of the parties, consent order, agreed settlement, or by disposition similar to a default judgment, judgement on the pleadings, or summary determination. Sections 621.250 and 640.013.

The Governor is authorized to convey certain state property in Jasper County to Missouri Southern State University, for no less than three thousand dollars, but not until the Joplin Regional Center is relocated from the property. The commissioner of administration shall set the terms and conditions for the sale, and the Attorney General shall approve the form of the instrument of conveyance. Section 1.

Provisions within this act are identical to HB 2194, HB 1603, SB 1033, HB 1996, HB 1387, HB 2239, SB 907, HB 2436, and provisions within this act are similar to HB 2275, SB 1159, HB 1550, HB 1748, SB 1054, HB 1900, HB 2123, HB 1432, SB 1054, and provisions within HCS#2/SCS/SB 781, all from the 2008 legislative session.

ALEXA PEARSON