SB 262 Modifies several provisions of law relating to the courts, judicial proceedings, and various other provisions
Sponsor: Bartle
LR Number: 1516L.05C Fiscal Note: 1516-05
Committee: Judiciary and Civil and Criminal Jurisprudence
Last Action: 5/15/2009 - In Conference--SB 262-Bartle, with HCS, as amended Journal Page:
Title: HCS SB 262 Calendar Position: 5
Effective Date: August 28, 2009
House Handler: Stevenson

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Current Bill Summary


CCS/HCS/SB 262 - This act modifies laws regarding court, judicial proceedings, and various other provisions.

CORPORATE AND BUSINESS FILINGS

(Sections 41.950, 347.179, 347.183, 351.047, 351.120, 351.122, 351.125, 351.127, 351.145, 351.155, 351.484, 351.592, 351.594, 351.598, 351.602, 351.690, 355.016, 355.021, 355.066, 355.071, 355.151, 355.176, 355.576, 355.688, 355.706, 355.796, 355.806, 355.811, 355.821, 355.856, 355.857, 356.211, 359.681)

The Secretary of State is required to charge a $45 fee for limited liability companies that file their original articles of organization online, rather than the $100 fee otherwise required for filing original articles of organization. (Section 347.179)

The Secretary of State is given the power to administratively cancel articles of organization of a limited liability company(LLC) or a certificate of limited partnership (LP) when the time frame listed for the duration of the LLC or LP expires, the secretary sends notice, and the LLC or LP does not file an amendment.

The Secretary of State is allowed to administratively reinstate the LLC or LP's status. This reinstatement will relate back to the date of the administrative cancellation.

The secretary's power to administratively reinstate cancelled articles or organization for a LLC or a cancelled certificate of limited partnership for a LP will apply to any LLC or LP whose articles of organization or certificate was cancelled because the time frame listed for the duration of the LLC or LP expired after August 28, 2003. (Sections 347.183, 359.681)

Effective January 1, 2010, corporations have the option to change the month in which they file their corporate registration report. (Section 351.120).

Effective January 1, 2010, corporations also have the option of filing corporate registration reports every two years, instead of annually. (Section 351.122, 355.857).

If the corporate registration report is not filed within 90 days of its due date, the secretary of state may proceed with administrative dissolution of the corporation. (Section 351.125, 351.484, 355.706).

Corporate names reservations for foreign corporations will not be allowed to exceed 180 days from the date of application for name reservation (Section 355.151).

References to annual reports filed with the Secretary of State are changed to reflect the fact that these reports may not be required to be filed annually. (Section 41.950, 351.047, 351.145, 351.155, 351.592, 351.594, 351.598, 351.602, 351.690, 355.016, 355.021, 355.066, 355.071, 355.176, 355.688, 355.796, 355.806, 355.811, 355.821, 355.856, 356.211)

Portions of these sections are similar to HB 219 (2009), HB 292 (2009), SB 217 (2009), SB 224 (2009), HB 475 (2009), SB 294 (2009), and HCS/HB 187 (2009).

COUNTY LAND SURVEYOR

(Section 60.010)

Currently, the county commission of third and fourth class counties may appoint a county land surveyor following a general election in which the office of surveyor is on the ballot if no candidate seeks the office. Under this act, such commissions may appoint a county land surveyor following the deadline for filing for the office if no candidate files for the office provided that the election authority publishes the required notice of the date for filing for the office in at least one newspaper of general circulation in the county.

MUNICIPAL ORDINANCE VIOLATIONS

(Section 82.300)

This act specifies that the maximum fine for municipal ordinance violations shall be no more than $1,000, except for ordinances in Kansas City requiring compliance by an industrial user with a pretreatment standard or requirement.

This section is similar to HCS/SB 26 (2009), HB 334 (2009), and SCS/HCS/HB 62 (2009).

KANSAS CITY NUISANCES

(Section 82.1026)

This amendment specifies that Kansas City may enact ordinances that allow the building official of the city to petition the circuit court in the county in which a vacant nuisance building or structure is located to appoint a receiver to rehabilitate the building or structure, demolish it, or sell it.

ST. LOUIS CITY POLICE

(Sections 84.150, 84.175)

This act requires that the St. Louis City police have no more than five officers with the rank of lieutenant colonel and other ranks and number of members within each rank as the Board of Police Commissioners considers to be necessary. (Section 84.150)

This act requires members of the St. Louis City reserve police force to be retired officers of the city. This act also provides such reserve officers the same powers as regular officers regardless of whether they are assigned to active duty. (Section 84.175)

COLLECTOR

(Section 141.160)

In Jackson County and St. Louis County, the collector shall collect on behalf of the county and pay into the county general fund an additional fee for the collection of delinquent and back taxes of five percent on all sums collected to be added to the face of the tax bill and collected from the party paying the tax.

FOSTER CARE TUITION WAIVER

(Section 173.270)

This section creates a tuition and fee waiver for undergraduate courses at state institutions of higher education for incoming freshman who were in foster or residential care at certain times in their life. This tuition and fee waiver begins with the 2010 fall semester. A student is eligible for this tuition and fee waiver, if they apply and are accepted at the school within a certain time period, apply for other student financial aid, request a determination of eligibility from the coordinating board for higher education, and complete at least 100 hours of community service each year. The waivers will be awarded each year, subject to appropriation, for up to four years, and may only be used after certain other sources of financial aid are exhausted.

This section is identical to HB 686 (2009).

TEMPORARY ASSISTANCE BENEFITS

(Sections 208.040 and 208.055)

These sections update references to the division of family services to the family support division of the Department of Social Services. These sections also provide that the state will no longer require families receiving temporary assistance benefits, known as TANF, to assign the right to receive any pre-existing child support arrearages occurring before the family received TANF benefits. Families will still continue to assign child support arrearages that become due while they receive temporary assistance.

DETAINERS

(Sections 217.450 and 217.460)

This act specifies that a detainer shall not be lodged against a person confined in a correctional facility until the director of the department of corrections receives a certified copy of a warrant and a written request by the issuing agency to place the detainer. Failure of the director to comply shall not be the basis for dismissing an indictment, information or complaint unless the court also finds the offender has been denied the constitutional right to a speedy trial.

These sections are identical to HCS/SB 26 (2009) and SCS/HCS/HB 62 (2009).

JACK BUCK MEMORIAL HIGHWAY

(Section 227.409)

This section names a portion of I-64/US 40 the Jack Buck Memorial Highway.

HEDGE FENCES

(Section 229.110)

This section is repealed, so prosecutors are no longer required to file a civil action against individuals who fail to trim their hedge fences.

This provision is identical to a provision of SCS/HCS/HB 62 (2009), HB 384 (2009), HCS/SB 26 (2009), HCS/SB 114 (2009).

MIXED MARTIAL ARTS

(Sections 317.017)

This section modifies the regulation of mixed martial arts by providing that no person shall promote, participate, or allow a person under the age of eighteen to participated in a mixed martial arts sanctioned event; or compete or spar in any cage or other type of enclosure other than a traditional boxing ring. Violators will be guilty of a class A misdemeanor.

This section is similar to HCS/HB 606 (2009).

SPECIFIED DISEASE INSURANCE POLICIES

(Section 376.789)

This section requires that insurers or issuers of specified disease insurance policies, who have not defined the terms "actual charge" or "actual fee" in their policy, shall not pay more on a claim than the lower of the amount the health care provider agrees to accept under a network or other participation agreement with the health insurer, or the amount the health care provider agrees to accept as payment under a provider, participation, or supplier agreement under Medicare, Medicaid, or any other government administered health care program.

COMPARATIVE FAULT FOR OPERATING A MOTORCYCLE

(Sections 379.130, 537.055)

This act provides that operating a motorcycle, in and of itself, shall not be considered evidence of comparative negligence. The act also provides that when investigating an accident or settling an automobile insurance policy claim, no insurer, agent, producer, or claims adjuster of an insurer shall assign a percentage of fault to a party based upon the sole fact that the party was operating a motorcycle in an otherwise legal manner. A violation of this provision shall be considered an unfair trade practice.

This section is identical to SB 202 (2009), HB 486 (2009), and a portion of HCS/HB 187 (2009).

PERSONAL IDENTIFICATION INFORMATION IN CERTAIN COURT DOCUMENTS

(Sections 452.305, 452.310, 452.312, 452.343, 452.430, 454.500, 509.520)

These sections change requirements for the usage of Social Security numbers and certain other identification information in certain court documents.

These sections also modify the requirement that petitions, answers, and judgments in actions for divorce or legal separation and in actions for modification of maintenance or child support include the Social Security numbers of the parties and their children to require only the last four digits of the Social Security numbers on those documents. Also, in certain actions the parties must file family court information sheets which include the Social Security numbers and current employment information.

Any pleadings other than interlocutory or final judgments in divorce or legal separation cases prior to August 28, 2009 shall only be inspected by the parties, or upon order of the court, or in certain circumstances by the Family Support Division of DSS. The clerk is required to redact the SSN from any judgment or pleading before releasing them to the public.

Any pleading, attachment, or exhibit filed with the court in any case shall not include the full SSN of any party in a civil actions and of any child subject to custody or support orders, or the credit card numbers and financial account numbers of parties. In certain cases a confidential case filing sheet shall be filed with the court. Except for certain cases, clerks are not required to redact any pleading, attachment, or exhibit prior to releasing the document to the public.

These sections are similar to portions of SCS/SB 222 (2009) and HCS/HB 187 (2009).

COURT APPOINTED SPECIAL ADVOCATES

(Section 452.423)

This section removes a provision allowing the court to appoint volunteer advocates to assist the guardian ad litem in performing their duties for the court in proceedings for child custody, dissolution of marriage, or legal separation, where custody, visitation, or support of a child is a contested issue.

This section is identical to a portion of HCS/HB 187 (2009).

INTERNATIONAL CHILD ABDUCTION

(Section 452.426)

This section provides that if a judge determines there is a potential risk of international abduction of the child by either party in a proceeding, the judge may place any restraints on the parties or grant any remedies to either party that is necessary.

This section is identical to a portion of HCS/HB 187 (2009) and similar to HB 403 (2009).

UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT

(Sections 452.440, 452.445, 452.450, 452.455, 452.460, 452.465, 452.470, 452.475, 452.480, 452.485, 452.490, 452.495, 452.500, 452.505, 452.510, 452.515, 452.520, 452.525, 452.530, 452.535, 452.540, 452.545, 452.550, 452.700, 452.705, 452.710, 452.715, 452.720, 452.725, 452.730, 452.735, 452.740, 452.745, 452.747, 452.750, 452.755, 452.760, 452.762, 452.765, 452.770, 452.775, 452.780, 452.782, 452.785, 452.790, 452.795, 452.800, 452.805, 452.810, 452.815, 452.820, 452.825, 452.830, 452.835, 452.840, 452.845, 452.850, 452.855, 452.860, 452.865, 452.870, 452.875, 452.880, 452.885, 452.890, 452.895, 452.900, 452.905, 452.910, 452.915, 452.920, 452.925, 452.930)

These sections establish the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) to replace the current Uniform Child Custody Jurisdiction Act. These sections limit child custody jurisdiction to one state, avoids competing orders, and provide enforcement provisions for child custody orders. This act establishes orders of priority and guidance on issues regarding establishing initial custody determinations, continuing jurisdiction, modification of custody determination, and emergency orders.

The UCCJEA establishes an order of priority for determining which state has proper jurisdiction to make an initial determination of child custody. The order of priority includes a determination of (1) the child's home state, (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 or(3) the state having an appropriate connection with the child.

The child's home state is defined as the state where the child has lived with a parent for six consecutive months prior to the commencement of the proceeding, or since birth, for children younger than six months.

Once a state court has made a custody determination, the state keeps exclusive and continuing jurisdiction over all matters concerning the child until circumstances have changed regarding home state status, or there is no longer a significant connection to the state or evidence concerning the child's custody is no longer available in that state. The circumstances are specified in the act.

Also, 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.

These provisions are similar to SB 347 (2009), HCS/HB 187 (2009), HB 1358 (2008), SB 495 (2007) and HB 470 (2007).

LIENS FOR CHILD SUPPORT

(Sections 454.516)

This section repeals a version of a section that was enacted in two different versions. The section repealed allowed the division to hold any satisfaction of the registered lien, until the child support obligation is satisfied, or levy and executed on the motor vehicle, motor boat, outboard motor, manufactured home, or trailer and sell these items at public sale to satisfy the debt.

This section is similar to a portion of HB 419 (2009).

ADULT ABUSE

(Section 455.010)

This section modifies the definition of "adult" for the purposes of adult abuse statutes by changing the age of an adult from eighteen years old to seventeen years old.

This section is identical to portions of HCS/SCS/SB 468 (2009), HCS/HB 187 (2009), and HB 325 (2009).

PUBLIC ADMINISTRATOR

(Section 473.743)

This act requires the public administrator to serve as trustee or successor trustee when appointed by the circuit court or probate division of the circuit court.

POSSESSION/PURCHASE/TRANSFER OF FIREARMS BY INDIVIDUALS PREVIOUSLY DECLARED INCOMPETENT OR INVOLUNTARILY COMMITTED

(Section 475.375)

This section allows any individual over the age of eighteen who has previously been declared incompetent or involuntarily committed to petition the court to allow them to purchase, possess, or transfer firearms. An individual found not guilty by reason of mental defect may not petition a court for restoration. If the petition is denied, the person may file another petition within one year of the denial. If the petition is granted, the court's order will go to the highway patrol to update the person's record with the National Instant Criminal Background Check System (NICS).

This section is similar to portions of HCS/HB 187 (2009).

COMMISSION ON JUDICIAL RESOURCES

(Section 476.415)

This section removes the municipal court judge position from the Commission on Judicial Resources. The commission is also no longer authorized to employ consultants and other staff. The clerk of the supreme court is required to provide staff for the commission out of any funds appropriated for this purpose.

UNCERTIFIED COURT REPORTERS

(Section 485.077)

Current law allows individuals to use depositions prepared by uncertified court reporters in court if the parties and the court reporter comply with specific requirements. This section removes the authorization for the use of these depositions.

This section is identical to SCS/HB/HCS 187 (2009).

STATUTES OF LIMITATIONS AS THEY RELATE TO FORMER MISSOURI RESIDENTS

(Section 516.200)

This section repeals the portion of the tolling statute that applies to former Missouri residents who have established residency in another state.

NOTICE OF DEFAULT JUDGMENT IN ACTIONS FOR EVICTION

(Section 535.030)

This section modifies the current requirement that the clerk of court send notice to a person who has had a default judgment entered against them in an eviction action by certified mail with a return receipt requested. This section requires the clerk to send the notice by ordinary mail.

This section is identical to a portion of HCS/HB 187 (2009).

LANDLORD ACTIONS TO RECOVER POSSESSION

(Section 535.120)

This section allows a landlord to file an action to recover possession from a tenant if the tenant is one month behind in rent, rather than a half year behind in rent as provided by current law.

This section is identical to a portion of HB 181 (2009) and HCS/HB 187 (2009).

PRIVATE NUISANCE

(Section 537.296)

If requested by either party, the court or jury in a private nuisance case shall visit the property alleged to be affected by a nuisance, if the amount in controversy exceeds one million dollars.

PROSECUTORS PAYING COURT COSTS

(Section 545.050, 550.050, 550.070, 550.080, 550.090)

These sections remove the requirement that court costs be assessed against the prosecutor in trespass cases if the defendant is acquitted or the prosecution fails.

These sections are identical to portions of HB 62 (2009), HCS/HB 384 (2009), HCS/SB 26 (2009), and HCS/SB 114 (2009).

TWO-WAY AUDIO VISUAL CRIMINAL PROCEEDINGS

(Section 561.031)

This section removes the requirement that when using two-way audio visual communication for certain criminal proceedings that a full record of such proceedings be made by split-screen imaging and recording of the proceedings in the courtroom and the place of confinement. It also allows this two-way audio visual communication to occur for preliminary hearings, with the consent of the defendant, any civil or criminal proceeding which is not required to be a matter of record, and any civil or criminal proceeding, by the consent of the parties.

This section is similar to HB 62 (2009) and HCS/SB 26 (2009).

DIVISION OF DEVELOPMENTAL DISABILITIES CONTRACTS

(Section 630.407)

This section allows the Division of Developmental Disabilities to contract directly with providers of targeted case management services for clients of the division with developmental disabilities in a defined region.

This section is similar to HB 953 (2009), SB 460 (2009), and HCS/HB 187 (2009).

SEXUALLY VIOLENT PREDATOR

(Section 650.055)

This section removes the reference to a sexually violent predator having been found to be a sexually violent predator beyond a reasonable doubt before their sample is collected for DNA profiling.

This section is similar to a portion of HCS/SB 26 (2009).

CHILD SUPPORT MODIFICATION

(Section 1)

This section provides that if the state is a party to the modification proceeding that the court may, upon motion, award court costs and reasonable attorneys fees to the state.

PUBLICATIONS IN NEWSPAPERS

(Section 2)

This section requires all public advertisements and orders of publication required by law, including amendments to the Missouri Constitution, legal publications affecting sales of real estate under a power of sale in a mortgage or deed of trust be published in a newspaper

DOMESTIC ANIMALS

(Section 3)

This amendment prohibits any political subdivision of the state or local government from enacting any ordinance, regulation, rule, policy, guideline, or proclamation that describes the relationship between persons and domestic animals in anyway other than persons may or can own domestic animals.

FIRE SAFETY STANDARD AND FIREFIGHTER PROTECTION ACT

(Section 4)

This amendment specifies that nothing in the Fire Safety Standard and Firefighter Protection Act shall be interpreted to permit non-compliance with other applicable statutes and case law.

EMILY KALMER