SB 1060 Modifies requirements regarding the presiding judge of a circuit court's assignment of certain types of cases and provisions regarding judges, certain juries, and various other provisions
Sponsor: Bartle
LR Number: 4213S.06C Fiscal Note: 4213-06N.ORG
Committee: Judiciary and Civil and Criminal Jurisprudence
Last Action: 5/14/2010 - S Informal Calendar S Bills for Perfection--SB 1060-Bartle, with SCS Journal Page:
Title: SCS SB 1060 Calendar Position:
Effective Date: August 28, 2010

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Current Bill Summary


SCS/SB 1060 - 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 HB 1811 (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 any pay for mileage, but shall receive six dollars for their second day, and forty dollars for each subsequent day.

CORONER

(Section 58.370)

Currently, the coroner is required to inform an associate circuit court judge of the proper county or another judge when an inquest finds that a person died by a felony and the judge is then required to issue process for the apprehension of the person. This act requires the coroner to inform the prosecuting attorney of the proper county instead.

This section is similar to HB 1535 (2010).

COUNTY MUNICIPAL JUDGES

(Section 66.010)

This act removes the requirement that county municipal court judges be residents of the county in which they serve and requires these judges to meet any other requirements established by ordinance.

STATE LEGAL EXPENSE FUND

(Section 105.726)

Currently, the state legal expense fund reimburses the St. Louis and Kansas City board of police commissioners for claims on an equal share basis per claim up to one million dollars per fiscal year and the attorney general is required to represent the board of police commissioners and police officers if requested by the board. This act eliminates the reimbursement and makes it optional, rather than mandatory that the attorney general provide legal representation when requested.

ADOPTION RECORDS

(Sections 193.125, 193.128, 193.132, 193.255)

This act modifies provisions regarding birth certificates and adoption records.

The State Registrar shall develop and, upon a birth parent's request, provide both a contact preference and a medical history form to the birth parent. The contact preference form allows a birth parent to list his or her preference for contact by the adoptee. If a contact preference form is filed with the registrar, a medical history form shall also be so filed. Upon receipt of the forms, the State Registrar shall attach such forms to the original birth certificate of the adopted person.

This act allows an adopted person, the adopted person's attorney, or the adopted person's descendants, if the adopted person is deceased, to obtain a copy of the adopted person's original birth certificate from the State Registrar upon written application and proof of identification. The adopted person shall be 18 years of age or older and born in Missouri. The adopted person shall also agree in writing to abide by the birth parent's contact preference, if such preference is included with the adopted person's original birth certificate. The State Registrar shall also provide a medical history form, if such form was completed by the birth parent.

The provisions of the act shall not apply to adoptions instituted or completed prior to August 28, 2010, except that a copy of the medical history form, which has had all identifying information redacted, shall be issued to such adopted person. For adoptions completed prior to August 28, 2010, the State Registrar shall release the original birth certificate only if the birth mother is deceased. If the birth mother is not deceased, the State Registrar shall, within three months of application by the adopted person, make reasonable efforts to contact the birth mother via telephone or U.S. mail, personally and confidentially, to obtain the birth mother's written consent or denial to release the original birth certificate. If the birth mother could not be contacted, the adopted person may re-apply for a copy of the original birth certificate within one year from the end of the three-month period during which the attempted contact with the birth mother was previously made.

These sections are similar to HB 1907 (2010) and SCS/SB 594 (2010).

CHILD ABUSE INVESTIGATIONS

(Sections 210.145, 210.150, and 210.152)

This act requires the children's division of the department of social services to complete all investigations in forty-five working days, rather than thirty days, and requires the local office to update the information in the information system within forty-five working days of an oral report of abuse or neglect, rather than in thirty days.

Information regarding the determination of the children's division regarding child abuse and neglect cannot be entered in the child abuse and neglect registry until the alleged perpetrator fails to request review by the child abuse and neglect review board or a trial in the circuit court, or the child abuse and neglect review board determines that the alleged perpetrator has committed child abuse or neglect.

Currently, child abuse and neglect investigation reports will not be released to an alleged perpetrator until an indictment is returned or an information filed in a criminal case. This act allows the children's division to release these reports to the alleged perpetrator within one year after the division notifies the prosecuting attorney in writing. The prosecuting attorney may petition the circuit court to extend the one-year time period to complete their investigation and file criminal charges.

The act decreases from sixty days to thirty days the amount of a time an alleged perpetrator of child abuse or neglect has to seek administrative review from the child abuse and neglect review board. Currently, if criminal charges are pending against the alleged perpetrator, the request for administrative review must be made within sixty days from the final disposition of the criminal case or dismissal of the charges. This act requires an alleged perpetrator who faces criminal charges to request administrative review within thirty days from the return of the indictment, the filing of the information, dismissal of charges, or after the division's release of its investigative report. The act also decreases from sixty days to thirty days the amount of time an alleged perpetrator has to seek judicial review after notification of the decision of the child abuse and neglect review board decision.

These sections are similar to HB 2121 (2010).

JUVENILE COURT JURISDICTION

(Section 211.031)

Currently, juvenile courts do not have jurisdiction over a child who is fifteen and a half years old and who is alleged to have violated a non-felony state or municipal traffic ordinance or regulation. This act expands this exemption from the juvenile court system, so that the juvenile court does not have jurisdiction over a child who is fifteen years old and is alleged to have violated a non-felony state or municipal traffic ordinance or regulation.

This act is similar to HB 1421 (2010).

CHILD SUPPORT

(Sections 452.340, 454.475, 454.517, 454.557, and 454.1003)

This act modifies provisions relating to child support.

Under this act, child support obligations may be terminated in the automated child support system when support is deemed terminated under state law. This act allows child support to be terminated if the state case registry indicates that the child is twenty-one years old and the support order does not require further payment. The act also allows for a hearing regarding a child's emancipation when it is disputed by the parties, rather than treating the dispute as a motion to modify the support obligation.

This act specifies that affidavits shall be filed with the court for judicial orders and with the family support division for administrative orders.

This act requires the family support division to advise the obligor of the procedures to contest a lien placed, by the family support division, on workers' compensation benefits on the grounds that such lien is a mistake of fact. The obligor shall request a hearing within 30 days of the mailing of the notice. The certified copy of the court order and the sworn or certified statement of arrearages shall constitute prima facie evidence that the division's order is valid and enforceable. If prima facie evidence is established, the obligor may only assert mistake of fact as a defense. The obligor shall have the burden of proof on such issues.

These sections are similar to SB 877 (2010) and HB 2374 (2010).

REQUIRED LANGUAGE IN CHILD CUSTODY OR VISITATION ORDERS

(Section 452.377)

This section 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 1318 (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), HB 1908 (2010), and HB 2046 (2010).

CHILD SUPPORT SERVICE FEES

(Sections 454.425 and 454.548)

This act requires the family support division of the department of social services to charge a non-refundable 60 dollar fee to a person who requests that the division review a child support order for the purpose of determining whether a modification to the child support order is appropriate. The act requires the family support division to charge a non-refundable fee to a person who requests that the division modify a support order after the division determined that modification is appropriate. The modification fee shall be either 175 or 350 dollars, based on the income of person requesting the modification. The act also requires the division to charge a 25 dollar fee for submitting past-due child and spousal support debts for collection through federal income tax refund offset. The division is required to waive these fees for certain individuals. The division is authorized to change the amount of the review fee and modification fee by administrative rule, but the amount of these fees is required to be based on actual standardized cost, as required by federal regulation. The division is also required to charge a 10 dollar fee from support received through the payment center for each order for every year or portion of a year during which payments are received by the payment center.

This section is similar to HB 1906 (2010).

SOCIAL SECURITY NUMBERS IN CERTAIN 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 HB 1908 (2010), HB 2046 (2010), HB 2056 (2010), and SB 985 (2010).

FULL ORDERS OF PROTECTION

(Section 455.007)

This act allows appeals of expired orders of protection, by requiring that the public interest exception to the mootness doctrine be applied to these appeals.

This section is similar to HB 1406 (2010).

ORDERS OF PROTECTION FOR CHILDREN

(Section 455.501)

This section modifies the definition of "adult household member" and "child" for the purposes of obtaining an order of protection by changing the age of an adult household member from eighteen years old or older to seventeen years old or older and by changing the age of a child from eighteen years old to seventeen years old.

This section is similar to HB 1698 (2010).

DIRECTOR OF REVENUE NOTIFICATION REGARDING TAX DEFICIENCIES

(Section 484.053)

This act modifies the requirement that the director of revenue notify the supreme court clerk of lawyers who are deficient in tax payments.

STANDARDS FOR GUARDIANS AD LITEM

(Section 484.350)

This act eliminates the requirement that the statewide standards adopted for guardians ad litem be the September 17, 1996 supreme court standards.

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 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 HB 1654 (2010) and SB 985 (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).

MISSOURI FALSE CLAIMS ACT

(Section 537.800, 537.802, 537.804, 537.806, 537.808, 537.810)

The act creates provisions regarding the filing of fraudulent claims for payment with the state, political subdivisions, school districts, charter schools, and municipal corporations. Under these provisions, anyone who files false claims with these governmental organizations, 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 at least $10,000, plus three times the amount of damages to the government. With some exceptions, including claims regarding Mo Health Net, a 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, and receive two times the amount of back pay, interest, special damages, litigation costs, and attorneys' fees.

This act is similar to HB 1790 (2010) and SB 568 (2009).

WARRANTS TO SEARCH FOR THE BLOOD OF A PERSON INVOLVED IN AN ACCIDENT

(Section 542.286)

This act allows a warrant to search for the blood of a person involved in an accident to be executed in any part of the state, whether the person left the territorial jurisdiction of the court issuing the warrant before or after the warrant application is filed.

PROBATION REVOCATION PROCEEDINGS

(Section 559.036)

This act states that defendants are not entitled to an automatic change of judge in probation revocations proceedings since they are considered part of the original criminal case.

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.

EMILY KALMER