Missouri Senate

House Committee Substitute

The 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 prohibits the denial of access to horseback riders or mule riders on public land owned, managed, or funded by the state if such riding has previously been allowed on the land. Access similarly shall not be prohibited on trails and roads that have been used for horseback or mule riding. Such access may be denied when supported by scientific or geological data, or when such riding is considered contrary or detrimental to the current use of the public land. The act shall not be construed to cause the exclusion of horses or mules on new trails developed on state public land. Section 8.890.

Beginning January 1, 2009, this act allows a corporation to file a corporate registration report on a biennial basis and to change the month of its corporate registration report by designating the desired month and paying an additional $20 fee. 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 fee for filing the biennial report will be $80 if filed in a written format and $30 if in 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. The Secretary of State is authorized to charge a $45 fee for a corporate filing of the original articles of organization in an electronic format. Currently, the Secretary of State is authorized to initiate an administrative dissolution of a corporation if the corporation fails to file its corporate registration report within 30 days of the date it is due; the act increases this time period to 90 days before dissolution is authorized. Sections 28.160, 41.950, 347.179, 351.047, 351.120, 351.125, 351.127, 351.145, 351.155, 351.484, 351.592, 351.598, 351.602, 351.690, 355.016, 355.021, 355.066, 355.071, 355.176, 355.688, 355.706, 355.796, 355.806, 355.811, 355.821, 355.856, and 356.211.

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.

Under this act, the sheriff shall receive an additional $10 fee for service of any civil summons, writ, subpoena or other court order. The money received by the sheriff shall be collected by the county treasurer and made payable to the state treasurer, and shall be deposited into the newly created "Deputy Sheriff Salary Supplementation Fund". The money shall be used only to supplement the salaries, and employee benefits resulting from such salary increases, of county deputy sheriffs. The Missouri Sheriff Methamphetamine Relief Taskforce (MoSMART), housed with the Department of Public Safety shall administer the fund. Sections 57.278, 57.280, 488.435, and 650.350.

This act also amends current law regarding procedures for coroners and medical examiners regarding the transferring of bodies from one county to another, designating death certificates, notification and investigation responsibilities, and determining what county should be considered the place of death. The place where the person is determined to be dead shall be considered the place of death. In addition, current law regarding coroners and medical examiners was amended to specify the investigation procedures to be used in deaths by homicide, suicide, accident, criminal abortion including those that are self-induced, child fatality, or any unusual or suspicious manner. Sections 58.451 and 58.720.

If the governing body of any municipality finds that it would be in the public interest to annex any parcel of land used as a research park that is located in an unincorporated area of the county but contiguous to the existing corporate limits of the municipality, then the land may be annexed, as long as written consent of all property owners within such unincorporated parcel is obtained. The municipality and county shall adopt reciprocal ordinances authorized such annexation. Section 71.1000.

The act provides that the estimation of the value of depreciable tangible personal property for mass appraisal purposes shall not be construed to create a presumption as to the proper method of determining the assessed valuation of business personal property that was placed in service prior to January 2, 2002. Section 137.122.

The act repeals a provision of the compulsory school attendance law that made it applicable to any parent, guardian, or other person having charge or custody of a child between the ages of 15 and 18 if the child has not yet received a high school diploma or an equivalent degree. Section 167.031.

The criminal background check and fingerprint collection of teachers conducted under this section is valid for at least a period of one year, and is transferrable from one school district to another. Section 168.133.

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 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. Sections 191.225, 595.045, and 595.107.

Under current law, a person may grant the right of sepulcher to any person as long as the designation is made in a written instrument meeting certain qualifications under current law, however, such a designation will not supersede the rights of the deceased's spouse or certain family members. This act deletes the provisions of law allowing for such a designation, and instead provides that an attorney in fact designated in a durable power of attorney that specifically grants the right of sepulcher shall have first priority for the purposes of determining who has the right to choose and control the burial, cremation, or other final disposition of the deceased designee's body. Section 194.119.

The act creates a rebuttable presumption that the person whose name appears in any logs of transactions required to be kept in the dispensation of controlled substances is the person whose transactions are recorded in such logs. Section 195.017.

This act expands the jurisdiction of juvenile courts to include individuals who are over seventeen years of age but not yet eighteen years of age, for the sole purpose of status offenses, by modifying the definitions of "child," "adult," and "status offense." All law enforcement officers, juvenile officers, school personnel, or court personnel shall have civil and criminal immunity from liability for any action taken or failure to take action involving a minor child who remains under the jurisdiction of the juvenile court if such action is based on a good faith belief by such officer or personnel that the minor child is not under the jurisdiction of the juvenile court. The provisions relating to extension of the juvenile court's jurisdiction shall not take effect until such time as spending by the state for juvenile officers and offices exceeds by one million nine hundred dollars the amount spent by the state for such officers and offices in fiscal year 2007. This act also modifies the crime of tampering with a judicial officer to include juvenile and deputy juvenile officers. Sections 211.021, 211.031, 211.033, 211.034 and 211.091.

The act authorizes law enforcement agencies that maintain closed records of children to communicate information contained in such records to another law enforcement agency as long as the information shared complies with federal regulations governing criminal intelligence systems operating policies, and shall remain confidential unless as otherwise provided by law. It shall be a Class A misdemeanor for any person to knowingly share closed peace officers' records of a child other than authorized by law. Section 211.321.

The act requires that a law enforcement agency, prosecuting attorney's office, or circuit attorney's office deliver a certified copy of a warrant and make a request for detainer to the facility where an offender is confined before such offender may request final disposition of any untried indictment, information, or complaint. Any failure by the director of the facility to comply with these provision shall not be the basis for dismissing the indictment, information, or complaint, unless the court also finds that the offender has been denied his or her constitutional right to a speedy trial. Section 217.450.

The act provides that gifts shall be included in the definition of "assets" for the purposes of the Missouri Incarceration Reimbursement Act. Section 217.827.

The Attorney General is required to file a petition seeking reimbursement for the cost of care from an incarcerated individual if he or she believes the filing of the petition would be cost effective, following an investigation of such inmate. Section 217.831. This provision is identical to provisions within HCS/HBs 1493 & 1594 (2008).

This act prohibits the Department of Agriculture from participating in any animal identification program that may be required under the National Animal Identification System (NAIS) administered by the United States Department of Agriculture without specific authorization from the General Assembly, except to serve as a registration agent for private marketing programs that require NAIS premise identification. The department is allowed to participate in any voluntary or private animal identification program for the sole purpose of adding value to Missouri livestock. Section 267.165.

The act includes paid police officers of a paid police department within current provisions that provide that certain diseases or illness, including diseases of the lungs or respiratory tract resulting from smoke, gas, or carcinogen inhalation, and psychological stress, may be recognized as occupational diseases under Missouri's workers' compensation laws. Section 287.067.

This act reinstates the Federal overtime standards in place before the passage of Proposition B (2006). The act gives the department of labor and industrial relations rulemaking authority to implement these provisions of sections 290.500 to 290.530, RSMo. Sections 290.505 and 290.531.

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.

No owner of real property shall lease any building, house or apartment to an individual who permits or sponsors any amateur mixed martial arts context on the premises, unless such person complies with all of the regulations on such events. The division of professional registration shall have the power to regulate all professional and amateur mixed martial arts contests, and is not authorized to issue a permit to hold such a context if any of the contestants are under 18 years of age. Section 317.006. 317.011, and 317.015.

The act allows Missouri corporations to convert to an other entity by adoption of a resolution by its board of directors approving the conversion and by approval of all shareholders supporting the adoption of the resolution. The act specifies that "other entity" is a limited liability company, statutory trust, business trust or association, real estate investment trust, common-law trust, or any other unincorporated business including a partnership or a foreign corporation. The corporation must file with the Office of the Secretary of State a certificate of conversion certifying certain information as provided in this act. Any other entity is allowed to convert to a corporation by approval of the conversion in accordance with its internal procedure and policy and by filing with the Office of the Secretary of State articles of incorporation and a certificate of conversion stating certain information as provided in this act. Any conversion will not be deemed a dissolution of the prior entity, but rather will constitute a continuation of the existence of the converting business entity. Sections 351.408 and 351.409.

The act provides that the period of time that the Secretary of State's office shall reserve the exclusive use of a corporate name shall not exceed 180 days from the date of the first name reservation application. Section 355.151.

The Secretary of State is authorized to administratively cancel a certificate of limited partnership by signing a certificate of administrative cancellation if the limited partnership's period of duration expires without being amended. To cancel the certificate, the secretary of state shall notify the limited partnership in writing no less than 60 days before the cancellation shall take effect. If the limited partnership fails to file a certificate of amendment within 60 days after the secretary of state's written notice of cancellation is sent, then the secretary of state may cancel the certificate. The limited partnership shall continue to exist after the certificate has been cancelled, but may not carry on any business except as necessary to wind up and liquidate the business and its affairs. The Secretary of State is authorized to rescind an administrative cancellation and reinstate the certificate of limited partnership upon application for reinstatement and payment of the reinstatement fee by the business. The reinstatement of the certificate is effective as of the date of the administrative cancellation. Section 359.681.

The act authorizes trustees to invest in shares or interests in a partnership, limited liability company, or other entity that operates as a privately-offered investment fund, and corrects a statutory reference. Section 362.550.

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 repeals restrictive effective dates on provisions of law regarding the public service commission and its authority to promulgate rules to governing procedure involving utility rate adjustments. Section 386.266.

This act modifies the law regarding trademark registration. When determining if a trademark meets the qualifications to be registered, the Secretary of State's duty shall be limited to examination of the registration records. Current law provides that an application for a trademark shall include, among other items, the date when the mark was first used. This act provides that an application for a trademark may be filed if the applicant provides a signed statement indicating an intent to use the mark on or in connection with the goods or services listed in the application. The application shall include a specimen or facsimile of the mark for each class of goods or services for which the applicant would like to register such mark.

The act also raises the fee for filing an application for trademark registration from fifty to seventy-five dollars, and specifies that the additional five dollar fee assessed on all fees in this act may also be assessed against each separate class for which an application is filed. The fee for recording of an assignment of a trademark registration is also raised from fifty to seventy-five dollars, and raises the trademark renewal fee from ten to twenty dollars. The act also specifies several classes of goods and services for which trademark applications may be filed. Sections 417.016, 417.018, 417.026, 417.031, 417.046, and 417.049.

Currently, fictitious names filed prior to August 28, 2004, expire August 28, 2009, unless renewed. Under the act, these names will expire on the month and day on which they were originally filed immediately following August 28, 2009. Under current law, registrations filed prior to August 28, 2004, shall be inactivated by the Secretary of State on or after August 28, 2009. This act changes that deadline to on or before August 28, 2010. Section 417.210.

The act clarifies that the Attorney General is authorized to bring an action to enforce provisions of law regarding unlawful merchandising practices when a financial institution's name is deceptively used. Section 427.225.

Currently, architects, engineers, landscape architects, land surveyors, and corporations registered to do the work of these professions who perform work on buildings or land have a lien on the building or land to the extent of one acre. This act increases the lien to encompass three acres. Section 429.015. This provision is identical to SB 1074 (2008).

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.

In certain landlord-tenant actions, this act provides that parties may prosecute their claims and defenses without the assistance of an attorney. Corporations or unincorporated associations may enter their appearance and be represented by a president or vice-president, and such representation shall not be deemed the unauthorized practice of law. Section 441.715.

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 act deletes the requirement that Social Security numbers be contained in a petition for dissolution, legal separation, or support of a minor child. Any judgment for such cases shall state that the Social Security numbers of the parties have been provided to the court. Sections 452.305 and 452.310.

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 establishes the Uniform Premarital Agreement Act. In its main provisions, the act: (1) Defines "premarital agreement" and "property" as the terms relate to a premarital agreement; (2) Requires the agreement to be in writing and be signed by both parties; (3) Allows the parties to contract in a premarital agreement with respect to any matter specified in the bill and any matter not in violation of public policy or any law imposing a criminal penalty; (4) Specifies that the agreement becomes effective on the date of the marriage; and (5) Specifies the conditions which must be proven to avoid the enforcement of the agreement. Sections 452.615, 452.620, 452.625, 452.630, 452.635, 452.640, 452.645, 452.650, 452.655, 452.660, 452.665, and 452.670.

The act establishes the Uniform Child Custody Jurisdiction and Enforcement Act.

To determine which state has proper jurisdiction to make an initial determination of child custody, the act establishes the following order of priority: (1) The state which is currently the home state of the child or was the child's home state within six months immediately before the commencement of a child custody proceeding if the child is absent from the state but a parent or person acting as a parent continues to live in the state; or (2) The state in which the child and at least one parent have a significant connection and substantial evidence concerning the custody determination is available in the state; or (3) The state having an appropriate connection with the child. A state having jurisdiction under the first two priorities may decline to exercise its jurisdiction and transfer it to another state if it is more convenient for the parties or if one of the parties has engaged in misconduct necessitating a change. "Home state" is defined as the state in which a child lived with a parent or person acting as a parent for at least six consecutive months immediately before the commencement of a child custody proceeding. In the case of a child younger than six months of age, the term means the state in which the child lived from birth with a parent or person acting as a parent. A period of temporary absence of any of these persons is considered as part of the period.

Once a state court has made a custody determination, that state keeps jurisdiction over all matters concerning the child unless: (1) A court of the state with jurisdiction determines that the child or the child and a parent do not have a significant connection with the state and evidence concerning the child's custody determination is not available in the state; or (2) A court of the state with jurisdiction, or any other state, determines that the child and both parents or acting parents do not reside in the state any longer.

Once a custody determination has been made, a court of another state does not have authority to modify the determination unless the state with jurisdiction determines that it does not have jurisdiction or any state court determines that the child, parents, or any acting parents do not reside in the state which currently has jurisdiction.

A state which does not otherwise have jurisdiction may enter a temporary emergency order if the child is in danger and needs immediate protection. After issuing the order, the state court should determine if there is an existing custody order from another state in effect. If there is an existing order, the emergency court must allow a reasonable time period for the parties to return to the state having jurisdiction and argue the issues to the court with jurisdiction. If there is no previous child custody order in existence, the emergency court's order will remain in effect until a determination is made in a court having home state jurisdiction over the child. If no determination is made and the emergency court's state becomes the home state of the child, the emergency order becomes a final determination of custody. Sections 452.700 through 452.930.

Currently, the Director of the Department of Revenue is authorized to file a lien blocking the issuance of a certificate of ownership for motor vehicles, motor boats, outboard motors, manufactured homes, and trailers when a person has an unpaid child support obligation exceeding $1,000. This act changes the requirement to when the obligor owes 90 days of child support, regardless of the dollar amount. Section 454.516.

This act incorporates the Interstate Family Support Act into law. The main provisions of these forty-two sections of law provide that whenever more than one state is involved in the establishment, enforcement, or modification of a child or spousal support order, the provisions of this act will be implemented in order to determine the jurisdiction and power of the courts in the different states and which state's law will be applied in the proceedings. Guidelines are established requiring every state to defer to child support orders entered by the court of the child's home state. The place where the order was originally entered holds continuing exclusive jurisdiction, and only the law of that state can be applied to requests to modify the order of child support unless the original court loses jurisdiction. The act also establishes several direct interstate enforcement mechanisms to allow a caretaker parent to have an order mailed to the employer of the obligated parent, require an employer to withhold pay for the benefit of the child, and allow the caretaker parent to have an order mailed to an out-of-state court for enforcement by the other state. These provisions shall become effective July 10, 2008, or upon passage and approval, whichever is later. Section 454.850 through 454.991.

The act gives the court discretion to enter its order appointing a guardian ad litem or court-appointed special victim advocate to represent a child victim upon the entry of the ex parte order of protection; current law requires the court to enter an order appointing a guardian ad litem or advocate in such cases. Section 455.513.

The act changes the procedures for distribution of trust income and principal to qualified remainder beneficiaries of certain irrevocable trusts administered in this state, and clarifies the rules for determining the domicile of the trust's creator. When there is one personal representative of the trust, compensation will be based on the value of personal and real property administered instead of the proceeds of real property sold under order of the probate court. Section 456.4-418.

The act provides that any trustee who has a duty to pay the debts of the deceased settlor may publish a notice in a newspaper published in the county in which the domicile of the settlor at the time of his or her death is situated. Section 456.5-505.

Current law provides that a trustee may invest and reinvest trust assets in securities or obligations of any state or its political subdivisions, including securities that are underwritten by the trustee or an affiliate thereof. This act provides that in addition to the authority in current law, the trustee may invest trust assets in U.S. government obligations, or other interests in any open-end or closed-end management investment company or investment trust registered under federal law, provided that the governing instrument requires or permits investment in U.S. government obligations, and provided that the portfolio of the investment company or investment trust is limited to U.S. government obligations and to repurchase agreements fully collateralized by such obligations, and provided that the investment company or trust takes delivery of such collateral.

The act provides that a bank, trust company, or affiliate, when acting as an investment advisor, custodian, or otherwise in a fiduciary capacity with respect to the investment of assets, may invest and reinvest such assets subject to the standards contained in this act. Sections 456.8-802 and 456.8-816.

The act authorizes a circuit court to appoint an extra circuit court marshal if the average total inmate population in all facilities operated by the department of corrections located in the circuit is more than 1,500 during the previous two years; currently the court is only authorized to appoint an extra marshal if the total average inmate population is more than 2,500. Section 476.083.

The act allows the required annual report of the Judicial Finance Commission to be combined with any other annual report prepared by the Missouri Supreme Court or the Office of the State Courts Administrator, provided that such report is distributed to all of the required parties. Section 477.600.

This act provides that the number of circuit judges in the 22nd judicial circuit, consisting of the city of St. Louis, shall be reduced by 6 circuit judges. Such reductions shall be the first six vacancies or completion of current terms that occur after the effective date of this act. Section 478.387.

Beginning October 1, 2008, there shall be 2 additional circuit judges in the 21st judicial circuit, consisting of the county of St. Louis. Section 478.437.

Beginning October 1, 2008, there shall be on additional associate circuit judge in the 16th judicial circuit, consisting of the county of Jackson. The additional associate circuit judge shall sit in the city of Independence. Section 478.463.

The act provides that compensation and retirement benefits for the Jackson County drug court commissioner shall be equal to that of an associate circuit judge, and shall be paid out of the same source as compensation of all other drug court commissioners in the state. Section 478.466.

Beginning October 1, 2008, there shall be 2 additional associate circuit judges in the 31st judicial circuit, consisting of the county of Greene. Section 478.513.

Beginning August 28, 2008, the number of circuit judges in the 43rd judicial circuit, consisting of the counties of Clinton, Caldwell, Daviess, Livingston, and DeKalb, shall be reduced by one circuit judge. Such reduction shall be the first vacancy or completion of a current term that occurs after this date. Section 478.750.

Beginning October 1, 2008, there shall be one additional associate circuit judge in the 39th judicial circuit, consisting of the county of the counties of Barry, Lawrence, and Stone. Section 478.755.

Beginning October 1, 2008, there shall be one additional associate circuit judge in the 40th judicial circuit, consisting of the counties of McDonald and Newton. Section 478.760.

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 authorizes a $4 court fee to be collected for the circuit clerk's record preservation fund, and establishes for the collection of such fee. The fee will apply to any action filed on or after September 1, 2008, and shall sunset six years after the effective date of this act. Sections 488.020 and 488.033.

The act authorizes counties not participating in the Missouri Nonpartisan Court Plan to collect a surcharge in civil cases to be used for courthouse security purposes. Section 488.429.

The clerk of the municipal court may collect and use $10 from the $25 time-payment fee, to be used by the court to improve and enhance the ability to collect and manage moneys assessed or received by the court. Section 488.5025.

The act requires a juror requesting to be excused from jury service under the licensed health care provider exemption to provide a written statement to the court certifying that he or she is providing health care services to patients and that serving on the jury would be detrimental to the health of patients. Section 494.430.

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.

Current law requires that a court summons must command the defendant to appear on a court date no more than 30 days from the date of service. This act increases the time period to 45 days. Section 517.041.

The act authorizes a corporation or unincorporated association to be represented in court by the president or vice-president of the entity for an ejectment, unlawful detainer, or rent and possession action. Sections 524.045, 534.025, and 535.025.

Current law exempts rules promulgated by the Labor and Industrial Relations Commission from certain requirements in the rulemaking process. This act repeals the exemption. Section 536.024 and 536.037.

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.

All conduct or speech by an individual exercising the right to petition in a quasi-judicial proceeding before a governmental tribunal shall be immune from civil liability and shall possess a qualified privilege against liability for slander or libel when it is aimed at procuring governmental action, result or outcome. Any such action shall be subject to a special motion to dismiss, which the court shall grant unless the responding party has shown that the acts of the movant are not immune from liability. The prevailing party may petition the court for actual and punitive damages for abuse of process and malicious prosecution. The attorney general is authorized to intervene and assume the costs of defending a suit which appears to be violating a Missouri citizen's right or free speech that is immune from liability. Section 537.528.

This act dissolves the Legal Services for Low-Income Person Fund and provides that the portion of money that was being transferred into such fund from the Tort Victims' Compensation Fund, in addition to any money remaining in the Legal Services for Low-Income Person Fund, shall now be transferred to the Basic Civil Legal Services Fund. Such funds shall continue to be distributed to qualifying state legal service organizations that provide legal services to eligible low-income persons. Section 537.675.

The act provides that an offender who has satisfactorily completed the 120-day department of corrections incarceration program will be released for a term of program of 5 years under the supervision of the Board of Probation and Parole, whether or not the court responds after successful completion. Section 559.115.

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

The act adds any violation involving a sexual offense or an offense against the family to the list of offenses for which redaction of any identifying information of a victim from court records is required prior to public disclosure. Section 566. 226.

The act establishes the crime of obstruction of justice when a person intentionally prevents the apprehension or obstructs the prosecution or defense of any person by knowingly destroying, altering, concealing, or disguising physical evidence; by planting false evidence; by furnishing false information; by inducing a witness having material to the subject at issue to leave the state or conceal himself or herself; or leaves the state or conceals him or herself when possessing such material knowledge. A violation in a misdemeanor case shall be a Class A misdemeanor, and a violation in a felony case shall be a Class D felony. Section 575.065.

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. Any lease, sublease, rental agreement, or similar instrument entered into by any public governmental body shall be a public record. Section 610.010.

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. Section 621.250 and 640.013.

The act authorizes the Family Support Division to commence a civil contempt proceeding against any person who fails or refuses to obey a judicial or administrative support order, and provides for warrant and bond conditions in default contempt situations. Section 1.

The act provides that a court may find a child support payor in contempt if he or she is in arrears and the court determines the payor has the ability to pay all or some portion of the support order. Upon such a finding, the court may commit the payor to county jail, with or without the privilege of leaving the jail for employment purposes, may suspend certain licenses, or may order the payor to participate in a work activity. The act provides that an order or commitment shall be entered only if other remedies appear unlikely to correct the payor's failure to refusal to pay support. The order of commitment shall state the order of arrearage and the amount to be paid in order to be released from the order. Such order shall continue until the amount ordered is paid, but not shall not exceed 45 days for the first adjudication of contempt or 90 days for a subsequent contempt adjudication. Section 2 and 3.

The Office of the State Courts Administrator shall conduct a study and report to the General Assembly on the impact of changing the definition of "child", for purposes of determining jurisdiction of the juvenile courts, to include any person over 17 years of age but not yet 18 who is alleged to have committed a status offense. The report shall contain information regarding the impact on caseloads, and the number of children affected by the change. Section 4.

The Governor is authorized to convey certain state property in Jasper County to Missouri Southern State University, 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 5.

The act requires a disclosure communication to be provided to patients and plan sponsors whenever a patient's medication is recommended to be switched to a medication other than that originally prescribed by a health care professional. Sections 6, 7, and 8.

The act repeals a provision of law that authorized a plaintiff in a negligence action against the Department of Transportation to submit the case to arbitration. Section 226.095.

The act repeals the current Uniform Child Custody Jurisdiction Act as not to conflict with the Uniform Child Custody Jurisdiction and Enforcement Act as contained within. Sections 452.440 to 452.550.

Provisions within this act are similar to provisions within HB 1417, HB 1308, HB 1358, HB 1359, HB 1387, HB 1498, HB 1923, HB 2194, HB 2197, SB 1062, HB 1603, HCS/SCS/SB 781, HCS/SCS/SB 1033, SCS/HCS/HB 2104, HB 2171, HB 2224, SCS/SB 935, HB 2106, SB 1139, HB 1321, HB 1550, HB 1748, SB 1054, HCS/HB 1722, SCS/SB 1159, SB 732, HB 1619, HB 1894, HB 1493, SB 1007, HB 2200, and HB 1996, all from the 2008 legislative session.

ALEXA PEARSON