SB 893 Requires a law enforcement agency to enter certain information regarding orders of protection into the Missouri Uniform Law Enforcement system within 24 hours and modifies various other provisions of law
Sponsor: Days
LR Number: 4890L.05C Fiscal Note: 4890-05N.UPD
Committee: Judiciary and Civil and Criminal Jurisprudence
Last Action: 5/3/2010 - Referred to Rules Committee pursuant to Rule 25(32)(f) Journal Page: H1216
Title: HCS SB 893 Calendar Position:
Effective Date: Varies
House Handler: Stevenson

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Current Bill Summary


HCS/SB 893 - This act modifies various provisions of law.

DEPARTMENT OF REVENUE RECORDS

(Section 32.056)

Currently, the department of revenue is prohibited from releasing the home address or any information contained in the motor vehicle or driver registration records of parole officers, federal pretrial officers, peace officers, and their immediate family members. This act also prohibits the department from releasing this information for certain federal and state court judges.

This section is similar to SS/SCS/HB 1609 (2010) and HB 1811 (2010).

STATEWIDE ELECTED OFFICIALS

(Section 37.900)

Statewide elected officials may request the Office of Administration to determine the lowest and best bidder with respect to purchasing, printing, and services expenditures for which the official has the authority to contract. Upon such request, the Office of Administration shall have 45 days to respond by naming the lowest and best bid.

This section is similar to SB 844 (2010) and SCS/HB 1868 (2010).

JACKSON COUNTY JURIES

(Sections 50.567 and 494.455)

This act requires Jackson County to establish a Jury Service Expense Fund consisting of moneys collected in the basic funding for jury service calculated at the rate of six dollars per day. Jurors in Jackson County will not be compensated for their first day of jury service or receive any pay for mileage, but shall receive six dollars for their second day, and forty dollars for each subsequent day.

These sections are similar to HB 1380 (2010) and a provision of SS/SCS/HB 1609 (2010), SCS/SB 1060 (2010), and SCS/HCS#2/HB 1692, 1209, 1405, 1499, 1535, and 1811 (2010).

SURVEYORS

(Section 60.650)

This section requires surveyors who establish, restore, or reestablish corners to file the results with the recorder of deeds regardless of whether it creates a new parcel of land.

This section is similar to HB 2029 (2010) and a provision of HCS/SS/SCS/SB 580 (2010).

JEFFERSON COUNTY PROBATION SERVICES

(Section 66.720)

Jefferson County shall not adopt a charter provision or ordinance that prohibits the county from contracting out the county's probation services.

This section is similar to HB 2378 (2010) and a provision of HCS/SS/SCS/SB 580 (2010), and HCS/SCS/SB 887 (2010).

VOLUNTARY ACKNOWLEDGMENT OF PATERNITY

(Section 193.087)

This act makes voluntary acknowledgment of paternity forms closed records. The child's mother, the father listed on the birth record, the attorney representing the mother or father, the child, the guardian ad litem, and the child's attorney, shall receive a copy, upon request and payment of a fee established by the department of social services. Upon request, the state and federal government shall also receive a copy for child support purposes.

This section is similar to a provision of HCS#2/HB 1692, 1209, 1405, 1499, 1535, and 1811 (2010) and HB 2083 (2010).

WATER AND SEWER ASSESSMENTS

(Section 246.310)

Under current law, farmland is provided an exemption under the Farmland Protection Act from being subject to water and sewer district assessments until the property is connected to the water or sewer system. The act specifies that this exemption does not apply to drainage and levee districts.

This section is similar to a provision of SS/SCS/HCS/HB 1290 (2010), SCS/HCS/HB 1316 (2010), HCS/SS/SCS/SB 580 (2010), and HCS/SCS/SB 887 (2010).

LICENSE PLATES FOR JUDGES

(Section 301.146)

This act allows certain federal and state court judges to request special license plates and drivers licenses.

This section is similar to HB 1811 (2010) and a provision of HCS#2/HB 1692, 1209, 1405, 1499, 1535, and 1811 (2010) and HB 2083 (2010).

TITLE FOR OUTBOARD MOTORS

(Section 306.532)

Effective January 1, 2011, this act requires that a certificate of title for a new outboard motor designate both the year the outboard motor was manufactured and the year the dealer received the outboard motor from the manufacturer.

This section is similar to HB 1323 (2010) a provision of HCS#2/HB 1692, 1209, 1405, 1499, 1535, and 1811 (2010) and HB 2083 (2010).

SECURITIES

(Sections 376.309, 409.1-102, 409.2-202, 409.3-304, 409.4-401, 409.4-404, 409.4-408, 409.4-412, 409.5-501, 409.6-604, 409.6-607)

This act allows the Secretary of State to regulate the sale of variable annuities as securities.

This act also changes the definition of "depository institution" as it is used in the laws regulating securities to specify that the term does not include an industrial loan company that is not an insured depository institution as defined by federal law.

The act corrects punctuation, restructures some sectional divisions and makes various structural changes to the Missouri Securities Act.

The act allows the Commissioner to issue orders that include civil penalties when individuals violate Missouri securities law.

Currently, residential telephone numbers are not available for public examination for the purposes of Missouri securities law. The act provides that residential telephone numbers used as business numbers are public.

Currently, the Commissioner may censure individuals for a variety of reasons if the individual has also engaged in dishonest or unethical practices. This act allows censure for any of the enumerated reasons regardless of whether the act was dishonest or unethical.

Provisions of these sections are similar to SB 759 (2010), SB 760 (2010), HB 1895 (2010), SB 92 (2009), SB 1137 (2008), and SB 506 (2007).

MECHANIC'S LIENS

(Section 429.016)

This act modifies the law relating to mechanic's liens against residential real property.

Those seeking to preserve the right to assert a mechanic's lien against residential real property, shall record a notice of rights in the office of the recorder of deeds for the county in which the property is located. Those failing to record notice shall waive their right to assert a claim. A notice filed after the owner's conveyance of the property to a bona fide purchaser for value shall not preserve the filer's rights to assert a claim. The act contains the form of notice to be used.

The recorder of deeds shall record the notice in the land records whereby the owners shall be designated "grantors" and claimants shall be designated "grantees". The grantee's signature shall not be required for recording.

Owners shall provide claimants with the name of the current record property owner and the deed of the property, including the legal description of the property. Owners failing to provide the information shall be liable for the claimant's actual and legal costs to obtain a legal description of the property necessary for the claimant to record its notice of rights.

A renewal of notice of rights may be filed to preserve lien rights. It shall be titled as such but otherwise contain the same information and be filed in the same manner as the original notice. Notices of rights and subsequent renewals shall expire 1 year after recording.

Currently, mechanic's lien claimants are required to file a just and true account of the demand due under section 429.080 when filing a lien. This act enumerates the items that shall be required to satisfy that requirement with respect to liens against residential real property.

Those wishing to have one's property released from a mechanic's lien may do so by depositing a sum, to act as substitute collateral for the lien, in an amount not less than 150% of the lien with the circuit clerk and record a certificate of deposit with the circuit clerk that includes a listing of the sum deposited, the name of the claimant; the number assigned to the lien; the amount being released; the legal description of the property; the name, address, and property interest of the person making the deposit; and a certification that the person has mailed a copy of the certificate of deposit to the claimant. Upon release of the property from the lien, by depositing the substitute collateral, the claimant's rights are transferred from the residential real property to the substitute collateral.

Requirements for valid, unconditional, final lien waivers for residential real property are enumerated and the form supplied. Such waivers are valid notwithstanding the claimant's failure to receive any promised payment or other consideration.

Claimants who have recorded a notice of rights and who have been paid in full for the work performed shall timely execute an unconditional, final mechanic's lien waiver.

This act is similar to a provision of SS/SCS/HB 1609 (2010), HCS/HB 2058 (2010), SB 934 (2010), and SB 935 (2010).

COURT RECORDS

(Section 452.430)

Currently, any pleadings other than interlocutory or final judgments in divorce or legal separation cases filed prior to August 28, 2009, shall only be inspected by the parties, an attorney of record, upon order of the court, or in certain circumstances by the Family Support Division of DSS. The clerk is required to redact social security numbers from any judgment or pleading before releasing them to the public. This act modifies these requirements, so that they also apply to pleadings in modification proceedings filed prior to August 28, 2009, and so that licensed title insurers or their designees, will also be allowed to inspect the pleadings in these cases. Those people who are authorized to inspect the pleadings in these cases may also receive or make copies of documents without the clerk being required to redact the Social Security number, unless the court specifically orders the clerk to do otherwise. Also, the clerk will no longer be required to redact the Social Security number from pleadings from cases prior to August 28, 2009, but only from any copy of a judgment or satisfaction of judgment.

This section has an emergency clause.

This section is similar to SB 985 (2010).

REAL ESTATE LIENS

(Section 454.515)

Currently, real estate liens based on unpaid child support or maintenance must include the person's Social Security number. This act requires only the last four digits of the Social Security number on the lien.

This section is similar to SB 985 (2010) and HB 2056 (2010).

UNIFORM INTERSTATE FAMILY SUPPORT ACT

(Sections 210.844, 454.850, 454.853, 454.855, 454.857, 454.860, 454.862, 454.865, 454.867, 454.869, 454.871, 454.874, 454.877, 454.880, 454.882, 454.885, 454.887, 454.890, 454.892, 454.895, 454.897, 454.900, 454.902, 454.905, 454.907, 454.910, 454.912, 454.915, 454.917, 454.920, 454.922, 454.927, 454.930, 454.932, 454.934, 454.936, 454.938, 454.941, 454.943, 454.946, 454.948, 454.951, 454.953, 454.956, 454.958, 454.961, 454.963, 454.966, 454.968, 454.971, 454.973, 454.976, 454.978, 454.981, 454.983, 454.986, 454.989, 454.991, 454.993, 454.995, 454.999, 454.1500, 454.1503, 454.1506, 454.1509, 454.1512, 454.1515, 454.1518, 454.1521, 454.1524, 454.1527, 454.1530, 454.1533, 454.1536, 454.1539, 454.1542, 454.1545, 454.1548, 454.1551, 454.1554, 454.1557, 454.1560, 454.1563, 454.1566, 454.1569, 454.1572, 454.1575, 454.1578, 454.1581, 454.1584, 454.1587, 454.1590, 454.1593, 454.1596, 454.1599, 454.1602, 454.1605, 454.1608, 454.1611, 454.1614, 454.1617, 454.1620, 454.1623, 454.1626, 454.1629, 454.1632, 454.1635, 454.1638, 454.1641, 454.1644, 454.1647, 454.1650, 454.1653, 454.1656, 454.1659, 454.1662, 454.1665, 454.1668, 454.1671, 454.1674, 454.1677, 454.1680, 454.1683, 454.1686, 454.1689, 454.1692, 454.1695, 454.1698, 454.1701, 454.1704, 454.1707, 454.1710, 454.1713, 454.1716, 454.1719, 454.1722, 454.1725, 454.1727, 454.1728, 454.1730)

This act updates the Uniform Interstate Family Support Act (UIFSA). Whenever more than one state is involved in establishing, enforcing or modifying a child or spousal support order, the act is implemented to determine the jurisdiction and power of the courts in the different states. This act also establishes which state's law will be applied in the proceeding under the act.

This act establishes rules requiring every state to defer to child support orders entered by the courts 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 tribunal loses the continuing exclusive jurisdiction. This act also provides various direct interstate enforcement mechanisms.

This act also incorporates changes required by the Hague Convention on the International Recovery of Child Support and other Forms of Family Maintenance to establish uniform procedures for the processing of international child support cases. This act provides for guidelines and procedures for registration, recognition, enforcement and modification of foreign support orders from countries that are parties to the Convention.

The provisions of the updated UIFSA shall become effective and the repeal of the current UIFSA shall become effective upon the United States filing its instrument of ratification of The Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, adopted at The Hague Conference on Private International Law on November 23, 2007.

These provisions are similar to SB 921 (2010).

ORDERS OF PROTECTION

(Sections 455.038 and 455.040)

This act requires a local law enforcement agency or other government agency to enter information regarding the service of ex parte orders of protection into the Missouri Uniform Law Enforcement system (MULES) within twenty-four hours after the ex parte order is served. The law enforcement agency responsible for maintaining MULES must also enter information regarding the expiration or termination of any order of protection within twenty-four hours of receiving information showing that the order has expired or terminated.

This act is similar to SCS/SB 468 (2009).

TRUSTS

(Section 456.8-818)

This act also specifically allows trusts to provide for the appointment of a trust protector. A trust protector will have the powers given to them by the documents that create the trust. The trust protector's powers may include: the power to remove and appoint a trustee, or name a successor trust protector, the power to modify or amend the documents that created the trust, the power to modify the interests of a beneficiary of the trust, the power to modify the terms of a power of appointment granted by the trust, and the power to change which law applies to the trust and which state the trust is located in.

Despite contrary provisions of the Missouri uniform trust code, a trust protector will not be considered a fiduciary and will not be liable for harm to the trust or to a beneficiary of the trust, unless it is established that the trust protector acted with actual intent to harm the trust. Unless the trust protector acts in bad faith, the trust protector will be paid from the assets of the trust for any costs the trust protector pays to defend, settle, or pay a lawsuit against him.

This section is similar to a provision of HCS/SS/SCS/SB 920 (2010).

DISQUALIFICATION TO PURCHASE, POSSESS, OR TRANSFER A FIREARM

(Section 475.375)

Currently, a person who has been adjudged incapacitated or has been involuntarily committed may file a petition to no longer be disqualified from purchasing or having a firearm under certain circumstances. This amendment specifies that individuals who have been "adjudicated as a mental defective or who has been committed to a mental institution" under federal law may make the same petition under like circumstances.

Any finding under this section shall apply solely to the relief of the federal firearms disqualification and shall not grant relief from any state statute that forbids ownership of firearms.

Currently, such person must prove that he or she no longer poses a danger to self or others. This amendment would require him or her to prove that he or she will not be likely to act in a manner dangerous to public safety.

The petition must include the circumstances regarding the firearms disabilities, the applicant's record including mental health and criminal history records, and the applicant's reputation through character witness statements, testimony, or other character evidence.

The court may allow presentation of evidence at the hearing that includes evidence of the reputation of the petitioner.

JUDICIAL ASSIGNMENT

(Section 478.240)

This act allows a presiding judge in a circuit court to assign a judge to hear a trial in a felony case, even though that judge has previously conducted the preliminary hearing in that case, if the defendant waives any objection to the judge's assignment and the right to argue about any potential conflict that might occur as a result of having the same judge for both proceedings.

This section is similar to HCS/HB 1607 (2010).

CIRCUIT CLERKS IN CERTAIN COUNTIES

(Section 483.015)

This act requires that circuit clerks in the counties of the twenty-eight judicial circuit (Barton, Cedar, Dade, and Vernon) be appointed by a majority of the circuit judges and associate circuit judges of the circuit. These circuit clerks may also be removed for cause by a majority of the circuit judges and associate circuit judges of the circuit. The elected circuit clerks in office on August 28, 2010 will continue to hold their office until the end of their elected term.

This act also requires that the circuit clerk in Scott County be appointed by a majority of the circuit judges and associate circuit of Scott County. This circuit clerk may also be removed for cause by a majority of the circuit judges and associate circuit judges of that county. The elected circuit clerk in office on August 28, 2010 will continue to hold his or her office until the end of his or her elected term.

This section is similar to HB 1774 (2010).

STANDARDS FOR GUARDIANS AD LITEM

(Section 484.350)

This act requires that the September 17, 1996 supreme court standards for guardians ad litem be updated.

JUDGMENTS FROM OTHER STATES OR TERRITORIES

(Section 511.580)

This amendment creates a procedure where a judgment debtor may file a petition in this state seeking acknowledgment that a judgment against them from another state or territory is satisfied. The judgment debtor's petition shall include a authenticated copy of the judgment and a copy of the applicable statute from the other state or territory demonstrating that the judgment is presumed to be paid and satisfied by operation of law in that other state or territory. If the judgment creditor, or assignee of the debt, does not object within thirty days after service of the petition, the judgment shall be deemed satisfied. If the judgment creditor objects, the court is required to have a hearing to determine whether the judgment debtor followed this procedure for receiving an acknowledgment of satisfaction.

PROPERTY EXEMPT FROM ATTACHMENT BY CREDITORS

(Section 513.430)

This act clarifies and makes changes to the current list of property exempt from attachment by creditors. First, the act specifies that the motor vehicle exemption can apply to multiple vehicles as long as the combined value of the vehicles does not exceed three thousand dollars. Second, the act changes the $5,000 exemption for mobile homes, so that mobile homes located on the debtor's property, but not attached to the property, are eligible. Third, the act specifies that a debtor's unliquidated personal injury claim is exempt from attachment by creditors.

Currently, the head of a family may exempt three hundred fifty dollars for each of their unmarried dependent children under the age of eighteen. This act raises the eligible age of the children to twenty-one years old.

INJURIOUS FALSEHOOD

(Section 516.140)

This act specifies that the statute of limitations for an action for injurious falsehood is two years.

ASSOCIATE CIRCUIT COURT

(Section 517.081)

This act makes it optional, rather than mandatory, that a case in the associate circuit court be certified for assignment by the presiding judge when a party files a petition, counterclaim, cross claim, or third-party petition that exceeds the jurisdiction of the associate circuit court or when consolidated cases would exceed the jurisdiction of the associate circuit court.

NOTICES OF GARNISHMENT AND WRITS OF SEQUESTRATION

(Section 525.233)

This act also changes the requirement that notices of garnishment and writs of sequestration contain the federal taxpayer identification number of a judgment debtor. Only the last four digits of the debtor's federal taxpayer identification number will be required.

This section is similar to SB 985 (2010) and HB 1654 (2010).

ACTIONS FOR PRIVATE NUISANCE

(Section 537.296)

Currently, if any party in a private nuisance case where the amount in controversy exceeds one million dollars requests the court or jury visit the property alleged to be affected by the nuisance, the court or jury is required to visit the property. This act gives the court or jury the option to visit the property, rather than requiring them to visit the property.

This section is similar to HB 1983 (2010).

DEATH PENALTY CASES

(Section 565.035)

This act requires that the supreme court's review of death penalty cases compare the death sentence imposed with similar death sentences to determine whether it is excessive or disproportionate, and not cases where life imprisonment was imposed.

ELDER ABUSE

(Section 565.186)

This section requires the Department of Health and Senior Services to inform law enforcement agencies when the department receives a report of elder abuse. Current law requires the department to inform law enforcement agencies when the department substantiates a report of elder abuse or when department is unable to substantiate the report due to a lack of cooperation.

COURT RECORDS

(Section 566.226)

This section requires that the name of a defendant in a criminal proceeding shall not be redacted from court records that could be used to identify or locate any victim of sexual assault, domestic assault, stalking, or forcible rape.

DISTURBING A WORSHIP SERVICE

(Section 574.035)

This act creates the crime of disturbing a worship service. A person is guilty of this crime if they knowingly disturb, interrupt or disquiet people meeting for religious worship by using profanity, by rude or indecent behavior, or by making noise that disturbs the order and solemnity of the worship service. A first offense is a class C misdemeanor, a second offense is a class B misdemeanor, and a third or subsequent offense is a class A misdemeanor. The act also authorizes civil actions seeking injunctions, compensatory damages, punitive damages, the costs of the suit, and attorney's fees for disturbing a worship service.

This section is similar to HB 2117 (2010).

NOTICE FOR CERTAIN PUBLIC MEETINGS

(Section 610.020)

For any public meeting that addresses issues regarding a fee or tax increase, eminent domain, zoning of a specific property, certain types of improvement or development districts, or tax increment financing, the governing body of such county, city, town or village must give at least four days notice before the entity may vote to address such issues. Each such public meeting must include time for public comment. If proper notice is not given, any discussion on the issue must be postponed and no vote shall be taken until proper notice has been provided. The notice provisions shall not apply to votes or discussion related to certain proposed ordinances, or in the case of emergencies. For a zoning matter, the notice provisions will only apply to the initial meeting at which the matter is heard.

This act is similar to HB 1444 (2010), a provision contained in SCS/HCS/HB 316 (2009), and SB 851 (2010).

COURT ACTIONS BY THE DEPARTMENT OF MENTAL HEALTH

(Section 630.220)

Current law provides that interest shall be recovered on any and all sums due to any facility or program operated or funded by the Department of Mental Health on account of any patient or resident. This act provides that when the account is certified by the department director or his or her designee, rather than the head of the facility, such account shall be prima facie evidence of the amount due.

This section is similar to SB 774 (2010), SB 945 (2010), and HB 1894 (2010).

CONDITIONAL POST-CONVICTION RELEASE ACT

(Sections 1 to 5)

These sections establish the "Conditional Post-Conviction Release Act." This act authorizes the board of probation and parole and judges to require that an individual who is released early from prison or jail post a bond. The terms and conditions of the bond have to be met for the individual to remain free. The individual released on the bond would be required to meet certain conditions, including reporting to the financial guarantor of the bond. If the individual released from prison or jail fails to meet these conditions, the financial guarantor of the bond is required to return the individual to custody within 180 days. If the financial guarantor of the bond does not return the individual to custody, they would be subject to a financial penalty.

The act provides for a delayed effective date of January 1, 2011 for certain sections of law regarding bail bond agents. These sections are not in the bill.

EMILY KALMER