Missouri Senate

House Committee Substitute

CERTIFIED MAIL

(Section 1.020)

This section defines the terms "certified mail" or "certified mail with return receipt requested" for Missouri statutes where these terms are used to include any parcel or letter carried by an overnight, express, or ground delivery service that allows a sender or recipient to electronically track its location.

This section is similar to HB 652 (2009).

CORPORATE AND BUSINESS FILINGS

(Sections 28.160, 41.950, 347.179, 347.183, 351.047, 351.085, 351.106, 351.120, 351.122, 351.125, 351.145, 351.155, 351.225, 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 given the rulemaking authority to establish fees for special handling in connection with filing documents, issuing certificates, and other services performed by the office, including expedited filing. These fees shall approximate the estimated cost of special handling, not to exceed $300 per document. Special handling cannot disrupt or delay the process of normal handling of documents. (Section 28.160)

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)

The requirement that the name of the incorporator cannot change in amendments to articles of incorporation is removed. (Section 351.085).

Restated articles of incorporation may omit the names of the original incorporator and the names and addresses of the original board of directors and provisions in any amendment to the articles of incorporation that were necessary to make past changes in stock. (Sections 351.106 and 355.576).

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).

Shareholders and proxyholders who are not physically present at shareholder meetings will be allowed to participate and vote by means of remote communication. (Section 351.225)

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 MUNICIPAL COURT

(Section 66.010)

Currently, any charter county may prosecute violations of county ordinances in the circuit court of the county or in county municipal court. This provision removes Jackson County from the counties that may prosecute violations of county ordinances in this manner and requires that a charter county also authorize the creation of a county municipal court in their charter in order to prosecute violations in county municipal court.

MUNICIPAL ORDINANCE VIOLATIONS

(Section 82.300, 479.015)

This act specifies that the maximum fine for all 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. It also specifies that imprisonment for violations of municipal ordinances cannot be longer than twelve months.

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

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).

VOLUNTARY ACKNOWLEDGMENT OF PATERNITY

(Sections 193.087, 193.215, 454.445)

These sections specify that a voluntary acknowledgment of paternity is not a public record. Upon payment of a fee established by the department of health and senior services, a copy shall be provided by the state registrar to the child's mother, the father listed on the birth record, the child, an attorney representing the mother, the father, or the child, the guardian ad litem, and the state and federal government for child support purposes. The department of health and senior services is given rulemaking authority to establish the fee for making a copy of an affidavit acknowledging paternity.

These sections are similar to portions of HCS/HB 187 (2009).

COMMUNITY SERVICE FOR MISDEMEANOR MARIJUANA POSSESSION

(Section 195.202)

This section requires any person who is convicted of possession of less than thirty-five grams of marijuana to perform 10 hours of community service for their first offense and 25 hours of community service for their second offense, except for in extraordinary circumstances.

This section is identical to HB 791 (2009) and similar to the HCS/HB 384 (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.

CHILD ABUSE INVESTIGATIONS

(Sections 210.145, 210.150, 210.152)

These sections modify provisions relating to child abuse investigations. Within forty-five days of a oral report of abuse or neglect, rather than thirty days, the local office of the children's division must update the information system with certain information about the report.

The Children's Division must complete all investigations of child abuse within forty-five days. If not, the division shall promptly notify all parties of the proposed extension. Any party may object to the extension by filing an objection with the Attorney General's office of the child advocate, which shall rule on the objection within 10 business days and grant the extension if there is good cause. If the extension is granted, the division must set a new deadline for completion, which can only be extended further by the division notifying all parties. If the extension is not granted, the investigation shall be deemed completed ten working days after the date of denial. No objection to an extension shall be allowed if the division is waiting to receive a medical or law enforcement report or information from another state, except on the basis that the division's grounds for extension are false.

After an investigation, the division shall make a preliminary determination by a preponderance of the evidence that the alleged perpetrator has committed child abuse. No determination of child abuse shall be entered in the central registry until the alleged perpetrator fails to request review by the child abuse and neglect review board or trial in the circuit court within thirty days or a determination is made by such board that the alleged perpetrator has committed abuse. The alleged perpetrator has thirty days to seek reversal of the division's determination, rather than sixty days. In cases where criminal charges are pending, the request for review shall be made within thirty days of the indictment being returned, dismissal of the charges, the information being filed, or the division's release of the report.

Currently, investigative reports are not released to the alleged perpetrator with pending criminal charges until an indictment is returned or an information is filed. Under this act, such report shall also be released after one year has passed since the division notified the prosecuting attorney and the alleged perpetrator puts his or her intent to seek further review in writing. However, the prosecuting attorney may petition the court to extend the one year period for good cause shown.

These sections are similar to SB 530 (2009).

JURY TRIALS IN TERMINATION OF PARENTAL RIGHTS CASES

(Sections 211.445, 211.447,211.462, 211.477, 211.478)

These sections provide that as of January 1, 2010, a parent may request by written demand to the juvenile court a jury trial for proceedings regarding involuntary termination of parental rights. A request for a jury trial shall be no later than 45 days following service of summons on the parent or guardian subject to the termination hearing. Failure to file the jury trial request within the 45-day period shall constitute a waiver of such right, unless a subsequent request is joined in by all parties.

By November 1, 2009, the Missouri Supreme Court shall develop appropriate jury instructions for termination of parental rights cases heard by a jury. At least one of the instructions shall direct the jury to find whether the termination of parental rights will or will not be in the best interests of the child.

These sections are identical to SCS/SB 218 (2009).

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).

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).

POLICE OFFICERS

(Section 287.067)

This section includes paid police officers of a paid police department certified under chapter 590 in those for whom psychological stress is recognized as an occupational disease for the purposes of worker's compensation.

This section is identical to a portion of HCS/HB 707 (2009).

MIXED MARTIAL ARTS

(Sections 317.001, 317.006, 317.011, 317.013, 317.014, 317.017, 317.018, 317.019)

These sections modify the definition of mixed martial arts for the purpose of licensing by the division of professional registration and prohibit any person from promoting, participating, or allowing any person under the age of eighteen in a mixed martial arts contest or sparring event to compete in any cage or other type of enclosure.

These sections are identical 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).

ELECTRICAL CORPORATIONS THAT OPERATE ON THE NOT-FOR-PROFIT COOPERATIVE BUSINESS PLAN

(Section 393.110)

Under current law, electrical corporations that operate on the not-for-profit cooperative business plan are exempt from regulation under the Public Service Commission (PSC) with regard to rates. This act removes the exemption and thereby gives the PSC jurisdiction over the rates set by such cooperatives.

This section is identical to HB 599 (2009) and similar to SB 545 (2009).

REAL ESTATE BROKER'S LIENS

(Section 429.609)

Currently, in the case of a lease for real property, a real estate broker shall record a lien within 90 days after the tenant takes possession of the leased property in order for the lien to attach. This act requires the broker to record within 90 days after the date of occupancy or the date of rent commencement as stipulated in the lease, whichever is later.

This section is identical to SB 513 (2009).

LANDLORD-TENANT ACTIONS

(Sections 441.065, 441.233)

Currently, a landlord may consider that a tenant has abandoned the premises if several factors are met. This section allows the landlord to consider the premises abandoned if the tenant fails to pay rent or respond in writing within ten days after the date of posting a notice on the tenant's door. The requirement that the landlord wait until ten days after also mailing the notice is repealed.

A landlord or his or her agent is authorized to interrupt electric, gas, water or sewer service if the utilities are thirty days delinquent.

These sections are similar to HB 181 (2009).

TENANTS' LIABILITY FOR RENT

(Section 441.645)

Under the terms of this section, a tenant is not liable for rent payments during the remainder of the term of a lease agreement when his or her residence is destroyed by an act of God or other natural or man-made disaster, provided the tenant was not the cause of the disaster.

This section is similar to HB 171 (2009), HCS/HB 187 & 235 (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).

CONTEMPT FOR FAILURE TO PAY CHILD SUPPORT

(Sections 452.356, 452.357, 452.358)

This act allows the family support division of the Department of Social Services or the recipient of child support to bring a civil contempt action against a person ordered to pay child support who fails or refuses to pay child support and if an order of income withholding is inapplicable or unsuccessful. If the person ordered to pay child support fails to appear to the contempt proceeding, the court is required to find the person in contempt and issue a warrant or find the person in contempt for the reasons stated in the contempt motion. If a warrant is issued, when the person is arrested, the person will be held unless they deposit a cash performance bond. If the bond is posted, the court is required to schedule a hearing within thirty days.

The court may find the person in contempt if the court finds the person is behind in their child support payments and the court finds that the person has the capacity to pay all or part of the amount due out of their currently available resources. The court is required to assume that a person has resources equal to four weeks of payments, unless the person presents proof to the contrary, and cannot find that the person has more than one month of payment without proof. Upon finding the person in contempt, the court may order the person committed to jail for up to forty-five days for the first contempt adjudication or ninety days for the second contempt citation, order jail with a work release program, order a conditional suspension of their professional license, driver's license, and hunting or fishing license, or order the person to participate in a work activity.

These sections are similar to HB 183 (2009).

RELOCATION OF A CHILD

(Section 452.377)

Currently, a parent is required to send notice to any person entitled to visitation or custody of a child when they intend to relocate with the child. This section requires that the notice inform the other parent if they object to the proposed relocation that they are required to file a motion and affidavit with the court within the time prescribed by law. This section also adds language to every court order establishing or modifying child custody or visitation that informs the parties of the current procedure for relocating a child and the current procedure for objecting to the relocation of a child.

This section is similar to HB 194 (2009).

FAMILY ACCESS ORDER

(Section 452.400)

This section specifies that a family access order may be filed for any order relating to the establishment or modification of custody or visitation of a minor child, including any divorce order, modification order, third-party custody or visitation order, or paternity order.

This section is identical to a portion of 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).

MODIFICATION OF CHILD CUSTODY

(Section 452.455)

Currently, a person seeking modification of child custody, who owes more than ten thousand dollars in past due child support, is required to post a bond in the amount of past due child support or reasonable legal fees of the custodial parent, whichever is greater, before they may file a petition for modification of child custody. This section changes this requirement to give a judge discretion to require the posting of the bond and to allow the person to pay a lower amount for the bond.

UNIFORM PREMARITAL AGREEMENT ACT

(Sections 452.615, 452.620, 452.630, 452.635, 452.640, 452.645, 452.650, 452.655, 452.660)

These sections enact the Uniform Premarital Agreement Act which specifies requirements for premarital agreements. Premarital agreements are required to be in writing and signed by both parties. Premarital agreements become effective when the two parties marry. These agreements may not adversely affect a child's right to support. After the marriage, the agreement may only be amended or revoked by written agreement. Premarital agreements are not enforceable if they were not entered voluntarily, or the agreement was unconscionable when it was executed due to inadequate knowledge of the other person's property or financial obligations. If a provision of a premarital agreement modifies or eliminates spousal support and that modification or elimination would cause the person to be eligible for public assistance, then a court is authorized to require the other party to provide support to the extent necessary to avoid eligibility.

These sections are similar to HB 274 (2009).

UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT

(Sections 452.440, 452.445, 452.450, 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, 452.795, 452.800, 452.805, 452.810, 452.815, 452.820, 452.825, 452.830, 452.835, 452.840, 452.845, 452.850, 452.855, 452.865, 452.870, 452.875, 452.880, 452.885, 452.890, 452.900, 452.905, 452.910, 452.915, 452.920, 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, 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. The section enacted changes the amount of unpaid child support the person must owe before a lien may be filed from one thousand dollars to twenty-five hundred dollars.

This section is similar to 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).

EX PARTE ORDERS OF PROTECTIONS

(Sections 455.038, 455.040)

Local law enforcement agencies or other government agencies are required to enter information regarding the service of ex parte orders of protection into the Missouri Uniform Law Enforcement system within twenty-four hours after the ex parte order is served. Law enforcement agencies must also enter information regarding the expiration or termination of an ex parte order within twenty-four hours of receiving information evidencing such expiration or termination.

These sections are similar to SB 468 and portions of HCS/HB 707 (2009).

CERTAIN IRREVOCABLE TRUSTS

(Section 456.4-418, 456.5-505)

These sections authorize trustees of irrevocable trusts that became irrevocable on or before September 25, 1985 to distribute trust income and principal to qualified remainder beneficiaries under certain circumstances, including a lack of distributions from the trust for a ten-year period. These sections also specify those counties in which a trustee may publish notice to creditors in a local newspaper.

These sections are identical to a portion of SCS/HB 239 (2009) and similar to SB 166 (2009).

PERSONAL REPRESENTATIVE OF AN ESTATE

(Section 473.543)

This section allows the personal representative of an estate to submit documentation other than vouchers, such as an electronic copy of a check or bank statement, to the court as evidence of expenditures on behalf of the estate.

This section is identical to HCS/HB 273 (2009).

PUBLIC ADMINISTRATORS

(Section 473.730, 473.770)

These sections prohibit a person who has been a debtor in a bankruptcy proceeding from being a candidate for the office of public administrator. In first class counties, a person who has been a debtor in a bankruptcy proceeding is also prohibited from acting as a paid representative of the office by assisting, counseling, or representing the public administrator.

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. The attorney general may oppose this petition. 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 identical to portions of HCS/HB 187 (2009).

STATEWIDE COURT AUTOMATION FEE

(Section 476.055)

Current law provides that the collection of the statewide court automation fee expires on September 1, 2009. This section extends the expiration date and allows the courts to continue to collect the statewide court automation fund fee until September 1, 2013.

This section is identical to SCS/SB 265 (2009) and SCS/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.

CONSOLIDATION OF JUDICIAL FINANCE COMMISSION REPORT

(Section 477.600)

This section allows the supreme court to consolidate the annual report of the Judicial Finance Commission with the publication of any annual report prepared by the Supreme Court or the Office of State Court Administrator, as long as the consolidated report is distributed to the required parties.

This section is identical to HB 238 (2009) and portions of HCS/HB 187 (2009), and SCS/HB 237, 238, & 482 (2009).

DRUG COURT COMMISSIONERS

(Sections 478.003, 487.020)

These sections allow a majority of the circuit court and associate circuit judges in a circuit to appoint a drug court commissioner to also serve as a family court commissioner. The drug court commissioner would receive no additional compensation and would be required to have the same qualifications as other family court commissioners.

These sections are similar to SB 322 (2009), HB 546 (2009), and SCS/HCS/HB 187 (2009).

COURT ORGANIZATION

(Sections 478.264, 478.320, 478.325, 478.464, 478.513, 478.575, 478.630, 478.713)

These sections prohibit the appointment of new drug commissioners or deputy commissioners, beginning January 1, 2010. Also, beginning January 1, 2010 no new probate commissioners or deputy commissioners may be appointed in Greene County.

Probate commissioners in Greene County and drug and deputy commissioner positions in all judicial circuits are converted to elected associate circuit judge positions after the commissioners that are serving on January 1, 2010 complete their current terms. Except, the 22nd judicial circuit (St. Louis City) loses two positions, and the 12th (Audrain, Montgomery, and Warren counties), 33rd (Mississippi and Scott counties), and 35th (Dunklin and Stoddard counties) judicial circuits each lose one position. The 38th judicial circuit (Christian and Taney counties) gains a circuit judge position. The 16th judicial circuit (Jackson County) gains one associate circuit judge to sit in division 34 in Independence. The 20th judicial circuit (Franklin, Gasconade, and Osage counties), the 31st judicial circuit (Greene County), and the 40th judicial circuit (McDonald and Newton counties)each gain one associate circuit court judge position.

These sections are similar to portions of HCS/HB 187 (2009) and portions of these sections are similar to HB 535 (2009) and HB 600 (2009).

REPORTING OF MUNICIPAL CASELOADS

(Section 479.080)

This section modifies the reporting requirements for municipal judges and associate circuit judges who hear prosecutions of municipal ordinances. Currently the judge is required to provide a list of the cases heard or tried before the judge. This section requires the judge to also report the total number of cases filed and the total cases disposed of during the preceding month.

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

COURT COSTS IN CRIMINAL AND MUNICIPAL CASES

(Sections 479.260, 488.5032)

These sections allow a circuit judge to assess court costs against a defendant in a criminal or municipal case when the case is dismissed before the defendant pleads guilty or is found guilty, if the defendant consents to pay the costs, unless the defendant is unable to pay the costs.

These sections are identical to HB 830 (2009) and portions of SCS/HCS/HB 62 (2009), HCS/HB 384 (2009), HCS/HB 187 (2009), HCS/SB 26 (2009), and HCS/SB 114 (2009).

CIRCUIT CLERK OF THE CITY OF ST. LOUIS

(Section 483.015)

This section removes the city of St. Louis from those entities that elect their circuit clerk. Effective January 1, 2011, this amendment transfers the powers of the elected circuit clerk of the city of St. Louis to the court administrator of the twenty-second judicial circuit. The circuit clerk in office on August 28, 2009 shall continue to hold their position until the expiration of their current term.

PRACTICE OF LAW

(Section 484.020)

Any person or business entity that engages in the unlicensed practice of law or law business will be in violation of the merchandising practices act.

Any person who is adversely affected by the practice of law or law business may file an action under Chapter 407. It is the duty of the attorney general or the prosecuting attorney of any county or city to bring an action under Chapter 407 for the recovery by the state of amounts under this section.

This section is similar to HB 1054 (2009).

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).

COURT COSTS FOR CIRCUIT CLERK'S RECORD PRESERVATION FUND

(Section 488.012, 488.075)

This section authorizes a three dollar court cost fee for the circuit clerk's record preservation fund. Two dollars of the fee will be kept by the circuit clerk and used for record storage, microfilming, preservation and public access to circuit court records. One dollar of the fee will be sent to the secretary of state's office to be used for preserving local records.

This section is identical to a portion of HCS/SCS/SB 165, 164, 248 & 168 (2009) and HCS/HB 187 (2009).

CIRCUIT COURT LAW LIBRARIES

(Section 488.429)

This provision modifies the current requirement that certain court fees be applied for maintenance and upkeep of the law library to make it optional that such funds be applied to the maintenance and upkeep of the law library.

This section is identical to HB 237 (2009).

MUNICIPAL COURT CLERKS

(Section 488.5025)

This section specifies ten dollar of the time-payment fee shall be payable to municipal court clerks, when applicable, for improvement of the court.

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

EXECUTION AND REVIVAL OF LIENS

(Section 511.480)

This section repeals the court's authority to issued executions on judgements, hold judge debtor proceedings, and issue a judicial writ to a debtor to appear and show cause why a dormant judgment against him should not be revived in certain cases.

INJURIOUS FALSEHOOD

(Section 516.140)

The section specifies that the statute of limitations for claims of injurious falsehood is two years.

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.

SERVICE OF SUMMONS

(Section 517.041)

Current law provides that a summons may require the presence of a defendant in court in a case before an associate circuit court judge, if the court date is less than thirty days from the service of the summons. This section would increase the time period in which the summons is effective from thirty days to sixty days.

This section is identical to HCS/HB 187 (2009) and HB 237 (2009).

JUDGMENTS OF ASSOCIATE CIRCUIT COURT JUDGES

(Section 517.141 and 517.151)

Currently, judgments rendered by associate circuit court judges are recorded in the permanent record of circuit court judgments and when filed shall have the same lien on the real estate of the defendant in the county as judgments rendered by circuit judges. These associate circuit court judgments may also be revived under the same procedures as used for circuit court judgments. These sections repeal the authorization for the clerk of the circuit court to record these judgments, for these judgments to serve as liens on real estate, and for these judgments to be revived.

UNPAID RENT AND POSSESSION ACTIONS

(Section 535.020)

This section requires a courts to adopt a local court rule providing for the centralized filing of cases where a landlords sues a tenant for unpaid rent and possession of the premises. The courts are also required to record these cases and schedule the case to be heard no later than thirty day after the date of filing.

This section is identical to HCS/HB 294 (2009)

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).

FALSE CLAIMS ACT

(Sections 537.800, 537.802, 537.804, 537.806, 537.808)

The act also adopts provisions regarding the filing of fraudulent claims for payment with the government. Under these provisions anyone who files false claims with the government, or any public employee or official who commits certain prohibited acts or violates certain criminal statutes, will in most cases be subject to civil penalties of not less than $10,000 plus three times the amount of damages to the government. With some exceptions, private person can file a lawsuit on behalf of the government. The Attorney General has the authority to intervene and continue the lawsuit, or may allow the private person to continue with the lawsuit. The government may dismiss the action or settle the action, after a hearing before the court. The court may limit the participation of the private person in the lawsuit if the government shows that it would interfere with their civil case or may postpone discovery in the case if it would interfere with a criminal prosecution or other government civil case.

The private person who brings the lawsuit will get a percentage of the money awarded in the lawsuit. If the private person who brought the lawsuit planned or initiated the violation of state law their recovery is reduced. If the private person who brought the lawsuit is criminally convicted based on their role in the violation of state law, they cannot recover any money.

Employees who are discriminated against in the terms and conditions of their employment because of participating in a false claims case are entitled to file a lawsuit to be reinstated to their job, two times the amount of back pay, interest, special damages, litigation costs, and attorneys' fees.

These sections are identical to HB 940 (2009) and similar to SB 568 (2009).

PROSECUTORS PAYING COURT COSTS

(Section 545.050, 550.040, 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).

STATUTE OF LIMITATIONS FOR ARSON

(Section 556.036)

Under this section, the statute of limitations for arson or knowingly burning or exploding is five years.

This section is similar to HCS/SB 26.

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).

CRIME VICTIMS

(Section 595.209)

This section provides upon the victim's request, a photograph shall be taken of the incarcerated individual prior to release and given to the crime victim.

This section also allows victims of certain crimes to be represented by counsel or a representative designated by the victim instead of appearing in person during an offender's parole and probation revocation hearings.

This section is similar to portions of HCS/SCS/SB 338.

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 identical 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 identical to a portion of HCS/SB 26 (2009).

CHILD SUPPORT MODIFICATION

(Sections 1 and 2)

These sections provide that the state shall not be required to represent any party in a child support modification proceeding if the party's income equals or exceeds three hundred percent of the federal poverty level and 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.

ANIMAL CARE FACILITIES

(Section 3)

This section prohibits the department of agriculture from contracting or using the services or personnel from any nonprofit organization for the purposes of inspecting or licensing any animal shelter, pound, kennel, pet shop, or exhibition facility. A person who is employed, affiliated with, or a current or former member of an animal rights or welfare nonprofit organization is prohibited from being employed or appointed as the state veternarian's designee or affiliating in any manner with the department of agriculture.

HOSPITALS AND MEDICAL PROVIDERS

(Section 4)

Hospitals and medical providers who are governed by the fraud and whistleblower provisions of other statutes are exempted from the coverage of the false claims act created by this act.

PUBLICATIONS IN NEWSPAPERS

(Section 5)

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

EMILY KALMER