SB 60 Enacts various provisions relating to judicial procedures
Sponsor: Keaveny
LR Number: 0085L.09C Fiscal Note: 0085-09N.ORG
Committee: Judiciary and Civil and Criminal Jurisprudence
Last Action: 5/13/2011 - In Conference--SCS for SB 60-Keaveny, with HCS, as amended Journal Page:
Title: HCS SCS SB 60 Calendar Position: 4
Effective Date: August 28, 2011
House Handler: Cox

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Current Bill Summary


HCS/SCS/SB 60 - This act enacts various provisions relating to judicial procedures.

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 provision is similar to HB 784 (2011), HCS/HB 111 (2011), HCS/HB 253 (2011) and HB 1811 (2010).

COUNTY SHERIFF'S REVOLVING FUND

(Section 50.535)

This act specifies that the county sheriff's revolving fund may be used to pay for information and data exchange.

This provision is similar to a provision of SCS/HCS/HB 294 (2011) and HCS/SB 61 (2011).

CHARTER COUNTIES

(Section 56.061)

This provision provides that nothing in the sections regarding the election and authority of a county prosecuting attorney shall be construed to interfere with a charter county's ability to determine the time of election cycles.

This provision is similar to HCS/HB 253 (2011) and a provision of HCS/HB 111 (2011).

PROSECUTION DIVERSION PROGRAMS

(Section 56.089)

This provision allows a prosecuting attorney to divert a criminal case to a prosecution diversion program with the consent of the criminal defendant for a period of six months to two years. The statute of limitations on that criminal case will be tolled during the diversionary program. The prosecuting attorney may divert any criminal case, except for cases where the accused person's participation in a diversion program would prevent a conviction from appearing on the driving record of a commercial driver's license holder in violation of federal regulations.

The prosecuting attorney has the sole authority to develop the diversionary program requirements and may impose conditions, including the payment of restitution and the payment of an administrative handling cost that will go to fund the expenses of the prosecuting attorney's office. The prosecuting attorney may also collect money for the Missouri Office or Prosecution Services Fund from the person accused of a crime. When a person accused of a crime completes the diversionary program, the person is entitled to not have the case filed or the criminal charges dismissed.

Any person or organization involved in supervising activities that are part of the prosecution diversion program will have immunity from lawsuits by the person accused of a crime, except for suits for intentional tort or gross negligence.

This provision is similar to a provision of HCS/HB 111 (2011).

PROSECUTING ATTORNEYS AND CIRCUIT ATTORNEYS' RETIREMENT FUND

(Section 56.807)

This act requires a surcharge of $4 be assessed against any person who pled guilty and paid a fine through a fine collection center. The surcharge is payable to the prosecuting attorneys and circuit attorneys' retirement fund.

This provision is identical to HB 396 (2011) and a provision of HCS/SB 145 (2011), HCS/HB 253 (2011), and HCS/HB 889 (2011).

DISCLOSURE OF CERTAIN FOSTER CARE LICENSURE INFORMATION

(Section 210.567)

This act modifies the laws regarding the disclosure of certain foster care licensure information. A public governmental body can close meetings, records, and votes if they relate to personal information obtained in the process of licensing a foster home. The Children's Division within the Department of Social Services shall make available for disclosure a report containing the following information for each foster home that is licensed and for each foster home renewing an existing license:

(1) The names of all persons 18 or older licensed to operate the foster home;

(2) A description of the background investigation conducted on all persons operating or maintaining the foster home, including certain specified documentation;

(3) A description of all concerns raised during the background investigation and foster home licensure process as well as a description of how such concerns were resolved;

(4) A description of such person's ability to perform the minimum competency requirements of foster parents in accordance with rules promulgated by the division;

(5) A list of all references provided by each person, stating the name of the reference, how and when the reference was contacted, and a brief description of the reference's opinion of such person.

The report shall not contain the address of any residence, nor shall it contain any personal information not otherwise required in this subdivision which could be used by another to threaten, harm, harass, or embarrass any person.

This provision is similar to HCS/HB 259 (2011).

ELECTRONIC MONITORING OF CERTAIN OFFENDERS

(Sections 221.025, 221.105, 544.455, 544.470, and 557.011)

This act allows a judge to release a person convicted of certain offenses on electronic monitoring. The individual will receive credit for any period on electronic monitoring against any period of confinement or incarceration ordered.

The judge may charge the costs of the electronic monitoring to the individual as a condition of their sentence. If the judge finds the individual unable to afford the costs of electronic monitoring, the state is required to reimburse the county, subject to appropriations, up to twelve dollars per day per individual.

The act also allows a judge to order a person charged with a bailable nonviolent offense who does not post bail prior to appearing before the judge to be placed on house arrest with electronic monitoring.

The circuit court may adopt a local rule allowing for the pretrial release on electronic monitoring in lieu of confinement of individuals charged with certain offenses specified in the court rule.

This section is similar to SB 387 (2011), HB 159 (2011), HCS/HB 253 (2011), and HCS/HB 111 (2011).

LICENSE PLATES AND DRIVERS LICENSES OF JUDGES

(Section 301.146)

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

This section is similar to HCS/HB 111 (2011), HCS/HB 253 (2011), HB 1811 (2010), and a provision of HCS#2/HBs 1692, 1209, 1405, 1499, 1535 & 1811 (2010).

PUNISHMENTS FOR CERTAIN CRIMES

(Sections 302.020, 302.321, 303.025, and 311.325)

These provisions modify the punishments for several crimes, including operating a vehicle without a valid license, operating a motorcycle without passing an examination for the operation of a motorcycle, operating a vehicle with another person's license, driving while revoked, failing to maintain financial responsibility, and purchasing, possessing, or being intoxicated when a person is under twenty-one. These provisions also specify that prior guilty pleas and findings of guilt in criminal cases for these crimes must be plead and proved in the same way that prior convictions are plead and proved when a criminal defendant is found to be a prior offender, persistent offender, dangerous offender, persistent sexual offender, or predatory sexual offender.

These provisions are similar to HCS/HB 111 (2011) and HCS/HB 253 (2011).

POWER OF ATTORNEY

(Section 404.710)

The act updates references to the Uniform Anatomical Gift Act to refer to the Revised Uniform Anatomical Gift Act and specifies that a power of attorney must include specific language to give a person with power of attorney the authority to decide how to dispose of another person's body.(Section 404.710)

LIENS FOR ARCHITECTS, ENGINEERS, LANDSCAPE ARCHITECTS, AND LAND SURVEYORS

(Section 429.015)

Currently, architects, engineers, landscape architects, land surveyors, and corporations registered to do the work of these professions who perform work on buildings or land have a lien on the building or land to the extent of one acre. This act increases the lien to encompass three acres.

This provision is identical to a provision of HB 402 (2011) HCS/SB 325(2011) and HCS/SB 220 (2011) and similar to SB 1074 (2008), SB 267 (2009), and SB 867 (2010).

MINING PERMITS

(Section 444.773)

Currently, the Land Reclamation Commission may hold a public hearing on an application for a surface mining permit. This provision removes the provision placing the burden of proof on the applicant for the permit.

This provision is identical to HB 686 (2011).

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 also 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 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) and a provision of the perfected version of HCS#2/HBs 1692, 1209, 1405, 1499, 1535 & 1811 (2010).

FULL ORDERS OF PROTECTION

(Section 455.007)

This provision 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 HCS/HB 111 (2011), HCS/HB 253 (2011), and HB 1406 (2010).

INFORMATION TO BE ENTERED INTO MULES

(Section 455.040)

Law enforcement agencies maintaining the Missouri Uniform Law Enforcement System ("MULES") shall include certain child custody and visitation information when entering an order of protection into the system.

This section is similar to HB 234 (2011), HCS/HB 253 (2011), HCS/HBs 504, 505 & 874 (2011), HCS/HB 111 (2011), and SS#2/SCS/SB 320 (2011).

TRUSTS

(Section 456.3-301, 456.4-419, 456.5-505, 456.5-508, 456.8-813, 469.411, 469.437, 469.459)

Currently, a person who represents another person may give their consent to actions with regard to trusts, unless the person represented objects to being represented. This act makes the consent of the representative binding on certain types of people, regardless of whether the person objects to being represented. (Section 456.3-301)

The act allows certain trustees to move trust assets from the original trust to another trust. By moving the trust assets to a new trust, the trust can be modified without a court's approval. This second trust may only have beneficiaries that were eligible to receive property under the first trust, or may in the future receive property from the first trust. Generally, a trustee may not move the trust assets to the second trust if the trustee is a beneficiary of the first trust, or if the trustee of the first trust can be replaced by a beneficiary with a person who is related to that beneficiary. Generally, a trustee is prohibited from moving the trust assets to a second trust if it would increase the distributions to the trustee or to a beneficiary who could replace the trustee, or if it would remove restrictions that were in the document creating the first trust. The act also restricts how the second trust can operate for certain types of property and trusts, based on federal tax law. A provision in the original trust document that prohibits amendment or revocation of the trust will not prevent the trustee from moving the trust assets to a new trust.

The trustee is required to notify people who might get property from the second trust of the decision to distribute the property to the second trust.

The act specifies that a trustee does not have a duty to move trust assets to a second trust. (Section 456.4-419)

The act specifies that creditors of a person who creates a trust may not reach the person's interest in that trust, regardless of whether the person retains the ability to dispose of their interest through a testamentary power of appointment. (Section 456.5-505)

The act also prohibits creditors of certain beneficiaries of a trust from reaching certain property of the trust to satisfy the beneficiary's debts. (Section 456.5-508)

This act increases from 60 to 120 days the amount of time a trustee has to notify the beneficiaries of a trust of the existence of the trust, the trustee's contact information, and the beneficiaries' right to a copy of the trust document and a report from the trustee. (Section 456.8-813)

This act modifies how the unitrust amount for trusts is calculated. The act also requires that the unitrust amount be paid from certain sources in a particular order. (Section 469.411)

This act requires trustees of trusts that qualify for a marital deduction under federal tax law to take certain actions toward retirement plans that make payments to the trust, when requested to do so by the surviving spouse.(Section 469.437).

The act also modifies the requirements for how a trustee is to pay taxes from trust income and principal and allows a trustee to adjust income receipts to the extent the trust's taxes are reduced because the trust receives a deduction for payments made to a beneficiary. (Section 469.459)

Some of these provisions are identical to the perfected version of SB 59 (2011).

GUARDIANSHIP

(Sections 475.060, 475.061, 475.501, 475.502, 475.503, 475.504, 475.505, 475.506, 475.521, 475.522, 475.523, 475.524, 475.525, 475.526, 475.527, 475.528, 475.529, 475.531, 475.532, 475.541, 475.542, 475.543, 475.544, 475.551, 475.552, 475.555)

These provisions modify what information is required in a petition for guardianship for a minor or an incapacitated person and adopt the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA).

A petition for guardianship of a minor will be required to state the location and value of any real property owned by the minor outside of Missouri and the name and address of the trustees of any trust of which the minor is a qualified beneficiary and the purpose of the trust, in addition to the information the petition was previously required to state.

In addition to the information currently required to be included in a petition for guardianship of an alleged incapacitated person, the petition will also be required to state the three most recent addresses at which the incapacitated person lived in the three years before the filing of the petition, the location and value of any real property owned by the incapacitated person outside of Missouri, the name and address of the person's closest known relatives, the name of any adults living with the person, in some situations the name and address of the person's siblings and of their siblings' children, and the name and address of any agent of the person and of any trustee of any trust that the person is a beneficiary of, as well as the purpose of the power of attorney and the purpose of the trust.

The UAGPPJA deals with issues that arise when several states are involved with an adult who lacks the ability to care for their own needs or property. The UAGPPJA includes provisions regarding communication between courts in different states, requests for assistance from a court to a court of another state, and taking testimony in other states. The UAGPPJA allows a Missouri court to treat foreign countries as other states for the purposes of the provisions allowing communication among courts, determining jurisdiction, and transferring a guardianship or conservatorship.

The UAGPPJA establishes procedures for determining which state has jurisdiction over guardianship and conservator proceedings for an incapacitated adult. These procedures establish three levels of priority for a court to follow in deciding whether it has jurisdiction; the adult's home state, followed by states where the adult has significant connections, and then other states. Regardless of the level of priority, the UAGPPJA allows a court in the state where the person is present to appoint a guardian in an emergency, and a court in the state where the person has property has jurisdiction to issue orders regarding the property. If a court determines that it acquired jurisdiction based on unjustifiable conduct, the act allows the court to remedy the situation and assess fees and expenses against the person who engaged in the unjustifiable conduct.

The UAGPPJA also specifies a procedure for transferring a guardianship or conservatorship from one state to another state. This procedure requires the court in the state transferring the guardianship or conservatorship to issue a provisional order transferring the case after making certain findings. The guardian or conservator is required to petition the state that would accept the case and, after holding a hearing, that court is required to grant the transfer, unless someone objects to the transfer and establishes that the transfer would not be in the interest of the incapacitated person, or the guardian or conservator is not eligible to be appointed a guardian or conservator in that state.

The UAGPPJA also creates a procedure for registering orders in Missouri from other states that appointed a guardian or a conservator to manage an incapacitated adult's property. After registration of the guardianship or protective order in Missouri, the guardian or conservator may exercise all the powers authorized in the original states's order, except for powers that are illegal in Missouri.

The provisions of the act regarding transferring guardianship or conservatorship proceedings from one state to another state and that deal with enforcement of guardianship and protective orders in other states apply to proceedings begun before August 28, 2011.

These provisions are similar to SB 213 (2011), HB 130 (2011), and HCS/HB 253 (2011).

PUBLIC ADMINISTRATOR

(Section 475.115)

This act allows a public administrator to request the court to transfer any guardianship or conservatorship case to another county. If the other county meets the venue requirements and the public administrator of the other county consents to the transfer, the court is required to transfer the case. The court with jurisdiction over the other county is required to appoint the public administrator of that county as the person's new guardian or conservator without holding a hearing.

The public administrator is required to file a final settlement of their conservatorship within thirty days of the court transferring the case. This final settlement will be filed in the court with jurisdiction over the original conservatorship and forwarded to the receiving county upon audit and approval.

This provision is similar to HCS/SCS/SB 57 (2011), HB 88 (2011) and HB 1676 (2010).

PETITIONS TO REMOVE CERTAIN DISQUALIFICATIONS RELATING TO FIREARMS

(Sections 475.375 and 571.092)

These provisions repeal the current procedure and enact a different procedure for an incapacitated adult, or a person who has been involuntarily committed, to petition to remove certain disqualifications regarding firearms.

These provisions are similar to HB 341 (2011) and HCS/HB 253 (2011).

PRIVATE ATTORNEY RETENTION ACT

(Section 484.500)

This act requires that any state agency or agent that wants to retain a private attorney whose fees will exceed one hundred thousand dollars must competitively bid before they hire the attorney.

A state agency or agent is also prohibited from entering into a contract for legal services exceeding one million dollars without filing the proposed contract with the clerk of the house and without the opportunity for a committee of legislators to review the contract and issue a report on the contract. The committee of legislators is required to issue a report on the proposed contract within forty-five days. If the report recommends changes to the contract, the state agency or agent is required to review the report and revise the contract. If the revised contract does not contain all the changes recommended by the committee, then the state agency or state agent must provide the reasons the changes were not made. If the revised contract contains terms that the legislative committee has not reviewed or recommended, that can be expected to increase the fees and expenses, the contract must be filed with the clerk again and reviewed again. If the legislature is not in session, then a interim committee appointed by the Governor, Speaker of the House, President pro tem, and the minority leaders of each house will oversee these contracts. If the state agency or agent needs to enter into a contract before the time periods set out in statute have passed, then a committee will establish an expedited schedule for reviewing and making recommendations about the contract.

Any attorney hired by a state agency or agent on a contingency fee basis is required to provide a statement of the hours worked on the case, expenses incurred, aggregate fee amount, and a breakdown as to the hourly rate. If this hourly rate exceeds two hundred fifty dollars per hour, the fee amount shall be reduced to an amount equal to two hundred fifty dollars per hour.

This act is similar to HB 255 (2011).

PROSECUTING ATTORNEYS' AND CIRCUIT ATTORNEYS' RETIREMENT FUND

(Section 488.026)

This act requires a surcharge of $4 be assessed against any person who pled guilty and paid a fine through a fine collection center. The surcharge is payable to the prosecuting attorneys and circuit attorneys' retirement fund.

This act is similar to HB 396 (2011), HCS/SB 145 (2011), and HC#2/HB 889 (2011).

COURT SURCHARGE

(Section 488.432)

Currently, a person or organization other than a city, county, or the state of Missouri may be required to pay a certain court surcharge when the party files a civil case. If the person wins the lawsuit, then that amount of money is collected from the losing party. This provision requires a person or organization who loses a lawsuit to a city, county, or the state to pay the city, county, or the state the amount of the surcharge. The city, county, or the state, is then required to pay this amount to the clerk of the appropriate court.

This provision is similar to HB 128 (2011) and HCS/HB 253 (2011).

STATUTE OF LIMITATIONS FOR ACTIONS AGAINST LAND SURVEYORS

(Section 516.098)

Under current law, a person must file a lawsuit based on errors in a land survey within five years of discovering the error. This act modifies this deadline to require that the lawsuit against the land surveyor be filed within ten years from the completion of the survey.

This provision is identical to a provision of HB 402 (2011), and HCS/SB 325 (2011).

INJURIOUS FALSEHOOD

(Section 516.140)

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

This section is similar to HB 158 (2011), HCS/HB 253 (2011), and HCS/SB 893 (2010).

SENTENCING ADVISORY COMMISSION

(Section 558.019)

This act abolishes the Sentencing Advisory Commission.

This section is identical to HB 257 and SB 349 (2011).

RESTITUTION

(Section 559.100)

Restitution shall be paid through the office of the prosecuting attorney. Nothing shall prohibit the prosecuting attorney from contracting with another entity for the collection of such restitution. Interest shall be allowed when ordered by the court.

The prosecuting attorney shall collect an administrative handling cost of $25 when the restitution is less than $100, $50 for between $100 and $249 of restitution, and a fee of 10% of the total restitution cost if such restitution is $250 or more, up to $75. Additionally, an installment cost shall be assessed in the amount of $2 per installment, except for the first installment, until the restitution is paid in full. Such administrative handling costs shall be deposited into the "Administrative Handling Cost Fund" to be used for expenses of the prosecuting attorney's office. A costs collected from prosecutors for passing a bad check shall also be deposited in this fund.

Additionally, the prosecuting attorney shall collect $5 per each crime victim to whom restitution is paid for deposit into the Missouri Office fo Prosecution Services Fund.

Currently, a person eligible for parole for certain tampering and stealing violations may be required as a condition of parole to make restitution. This section requires any person eligible for parole to make court-ordered restitution as a condition of parole.

The court may set an amount of restitution to be paid by the defendant, which may be taken from the inmate's account at the department of corrections while the defendant is incarcerated. Upon release or parole, if any amount of such court-ordered restitution is unpaid, the payment of the unpaid balance may be collected as a condition of release or parole by the prosecuting attorney. The prosecuting attorney may refer any failure to make restitution as a condition of release or parole to the parole board for enforcement.

This provision is similar to HB 254 (2011) and HCS/SCS/SB 829 (2010)

UNLAWFUL USE OF A WEAPON

(Section 571.030)

This act removes a requirement that certain otherwise unlawful uses of a firearm be reasonably associated with, or necessary to, the person's official duties in order to be lawful. The act also allows federal probation officers and federal flight deck officers to engage in otherwise unlawful uses of a weapon whether they are on duty or not or outside of their agency's jurisdiction. This act also allows a full-time fire investigator who has a concealed carry endorsement to engage in the otherwise unlawful uses when such uses are reasonably associated with, or necessary to, the person’s official duties.

No one who has received a suspended imposition of sentence for any felony firearms- or weapons-related offense may receive a suspended imposition of sentence for a felony violation of unlawful use of weapons.

This provision is similar to HB 294 (2011).

FRAUDULENT PURCHASE OF A FIREARM

(Section 571.063)

This section creates the crime of fraudulent purchase of a firearm and makes this crime a class D felony.

This section is similar to HCS/HB 294 (2011).

FIREARM PURCHASES

(Section 571.087)

A resident of any state who abides by the applicable federal laws, Missouri laws and laws of the resident's home state may purchase firearms in Missouri.

This section is similar to HB 294 (2011).

PNEUMATIC GUNS

(Section 1)

This provision prohibits political subdivisions from enacting or enforcing any order or ordinance that prohibits the use of pneumatic guns at facilities approved for shooting ranges on other property where firearms may be discharged, or on private property when conducted with reasonable care to prevent a projectile from crossing the bounds of the property.

TRANSFERS OF TENANCY BY THE ENTIRETIES PROPERTY TO TRUSTS

(Section 2)

This provision specifies what happens to a certain kind of property, known as tenancy by the entireties property, when it is transferred to a particular kind of trust created by a husband and a wife. These trusts, known as qualified spousal trusts, include trusts that hold the property in one trust and trusts that hold the property in two separate shares. If the property is transferred to the trustee of a qualified spousal trust, the property will have the same immunity from the separate creditors of the husband and wife that would have existed if the husband and wife had not transferred the property to the trust, as long as certain conditions are met. The rights of creditors to any property that is not held by the husband and wife as tenants by the entirety shall not be affected by the transfer of that property to the qualified spousal trust. When the husband or wife die, the property in the trust shall be distributed as directed by the terms of the trust, which may include having the property pass to an irrevocable trust for the benefit of the surviving spouse. The provisions of this section apply to trusts that were created before or after the effective date of this section.

This section is similar to a provision of HCS/SB 59 (2011).

EMILY KALMER

HA 1 - THIS AMENDMENT MODIFIES THE ELECTRONIC MONITORING LANGUAGE. THIS AMENDMENT ALLOWS A JUDGE TO RELEASE A PERSON BEFORE TRIAL ON ELECTRONIC MONITORING OR ORDER A PERSON SERVE PART OR ALL OF A SENTENCE OF CONFINEMENT ON ELECTRONIC MONITORING.

THE JUDGE MAY, IN HIS OR HER DISCRETION, CREDIT ANY PERIOD ON ELECTRONIC MONITORING, AGAINST ANY PERIOD OF CONFINEMENT OR INCARCERATION ORDERED, EXCEPT THAT THOSE WHO HAVE COMMITTED MULTIPLE INTOXICATION-RELATED TRAFFIC OFFENSES MAY NOT BE PLACED ON ELECTRONIC MONITORING AS AN ALTERNATIVE TO CONFINEMENT. A PERIOD OF ELECTRONIC MONITORING WILL NOT BE CONSIDERED CONFINEMENT IN A CORRECTIONAL CENTER, PRIVATE OR COUNTY JAIL FOR PURPOSES OF DETERMINING RESPONSIBILITY FOR THE HEALTH CARE OF THE INDIVIDUAL.

HA 2 -THIS AMENDMENT MODIFIES THE LANGUAGE ALLOWING A PROSECUTING ATTORNEY TO DIVERT ANY CASE, SO THAT A COURT OR PROSECUTOR MAY NOT ALLOW A PERSON WITH A COMMERCIAL DRIVER'S LICENSE TO ENTER A DIVERSION PROGRAM THAT RESULTS IN NOT FILING CHARGES OR DISMISSING CHARGES FOR A VIOLATION OF LAWS RELATED TO THE OPERATION OF A MOTOR VEHICLE.

HA 3 - THIS AMENDMENT MODIFIES A STATUTORY CROSS-REFERENCE DUE TO CHANGES IN THE STATUTE REGARDING PETITIONS FOR GUARDIANSHIP FOR A MINOR OR AN INCAPACITATED PERSON.

HA 4 - CURRENTLY, CITIES ARE AUTHORIZED TO HAVE A PERSON WORK OFF FINES FOR VIOLATIONS OF CITY ORDINANCES AT A RATE OF TEN DOLLARS A DAY. THIS AMENDMENT MODIFIES THE AMOUNT, SO THAT CITIES MAY HAVE A PERSON WORK A DAY FOR AN AMOUNT THAT EQUALS EITHER THE ACTUAL DAILY COST OF INCARCERATING THE PERSON, OR THE AMOUNT THE MUNICIPALITY IS REIMBURSED BY THE STATE FOR INCARCERATING THE PERSON, WHICHEVER IS GREATER.

CURRENTLY, MOST CIRCUIT COURTS ARE AUTHORIZED TO COLLECT A PARTICULAR FIFTEEN DOLLAR SURCHARGE WHEN A PARTY FILES A CIVIL COURT CASE. THE CIRCUIT COURT IN JACKSON COUNTY IS AUTHORIZED TO COLLECT A TWENTY DOLLAR SURCHARGE. THE CIRCUIT COURT IN FRANKLIN COUNTY IS AUTHORIZED TO COLLECT AN ADDITIONAL TEN DOLLARS ON CIVIL CASES, EXCEPT ADOPTION AND SMALL CLAIMS COURT CASES, UNTIL DECEMBER 31, 2014. THIS AMENDMENT ALLOWS GREENE COUNTY TO COLLECT AN ADDITIONAL FIVE DOLLARS, IF APPROVED BY THE COUNTY COMMISSION.

HA 5 - UNDER CURRENT LAW, IF A CITY RECEIVES MORE THAN THIRTY-FIVE PERCENT OF ITS ANNUAL GENERAL OPERATING REVENUE FROM FINES FOR TRAFFIC VIOLATIONS, THE AMOUNT OF REVENUE GREATER THAN THIRTY-FIVE PERCENT IS REQUIRED TO BE DISTRIBUTED TO THE SCHOOLS OF THE COUNTY. THIS AMENDMENT MAKES THIS REQUIREMENT APPLY TO ANY VIOLATION THAT IS CITED AS MOVING VIOLATION, REGARDLESS OF WHETHER THE VIOLATION IS FINALLY ADJUDICATED AS A MOVING OR NONMOVING VIOLATION. CERTAIN CITIES WITH OVER ONE HUNDRED THOUSAND DOLLARS IN TRAFFIC REVENUE ARE REQUIRED TO PREPARE AN ANNUAL REPORT OF THE FINES AND COURT COSTS THAT THE CITY COLLECTS FOR CITED MOVING VIOLATIONS. IF A CITY DOES NOT COMPLY WITH THESE PROVISIONS, THE CITY IS SUBJECT TO A CIVIL PENALTY EQUAL TO TEN PERCENT OF EXCESS REVENUES THAT WERE NOT SUBMITTED.

THIS AMENDMENT IS SIMILAR TO HB 105 (2011).

HA 6 - CURRENTLY, UPON THE APPROVAL OF THE GOVERNING BODY OF A CITY, COUNTY, OR ST. LOUIS CITY, A TWO DOLLAR SURCHARGE SHALL BE ASSESSED AS COSTS IN CRIMINAL CASES, INCLUDING CASES INVOLVING INFRACTIONS AND MUNICIPAL ORDINANCE VIOLATIONS. THIS SURCHARGE IS DEPOSITED INTO THE INMATE SECURITY FUND TO DEVELOP BIOMETRIC VERIFICATION SYSTEMS FOR IDENTIFYING AND TRACKING INMATES WITHIN THE LOCAL JAIL SYSTEM. THIS PROVISION REQUIRES THAT ALL CITIES, COUNTIES, AND ST. LOUIS CITY ASSESS THIS SURCHARGE AND THAT THE MONEY IN THIS FUND BE USED TO DEVELOP AND MAINTAIN INFORMATION SHARING SYSTEMS.

THIS PROVISION IS SIMILAR TO HB 663 (2011).

HA 7- THIS AMENDMENT AUTHORIZES A COUNTY TO DECREASE THE COUNTY'S ANNUAL BUDGET TWICE DURING ANY FISCAL YEAR WHEN THE COUNTY HAS A DECREASE IN FUNDS OF TWO PERCENT OR HIGHER AND THIS DECREASE COULD NOT HAVE BEEN ANTICIPATED WHEN THE BUDGET WAS ADOPTED. THE BUDGET DECREASE CANNOT UNDULY AFFECT ANY ONE OFFICEHOLDER AND NEGOTIATIONS MUST TAKE PLACE WITH ALL OFFICEHOLDERS BEFORE ANY REDUCTION AFFECTING AN INDEPENDENTLY ELECTED OFFICEHOLDER MAY OCCUR. THIS PROVISION DOES NOT AFFECT COUNTY COMMISSIONERS' AUTHORITY TO REDUCE BUDGETS OF DEPARTMENTS UNDER THEIR DIRECT SUPERVISION AND RESPONSIBILITY. THIS PROVISION EXPIRES ON JULY 1, 2015.

HA 8 - THIS AMENDMENT PROHIBITS THE STATE AND ANY OF ITS AGENTS FROM ENTERING INTO A CONTINGENCY FEE CONTRACT WITH A PRIVATE ATTORNEY, UNLESS THE ATTORNEY GENERAL MAKES SPECIFIC WRITTEN FINDINGS. THE ATTORNEY GENERAL IS REQUIRED TO REQUEST WRITTEN PROPOSALS FROM PRIVATE ATTORNEYS, UNLESS THE ATTORNEY GENERAL MAKES A WRITTEN DETERMINATION THAT REQUESTING PROPOSALS IS NOT FEASIBLE. IF THE ATTORNEY GENERAL REQUESTS PROPOSALS FROM PRIVATE ATTORNEYS, THE ATTORNEY GENERAL IS REQUIRED TO CHOOSE THE LOWEST AND BEST BID OR REQUEST THE OFFICE OF ADMINISTRATION ESTABLISH AN INDEPENDENT PANEL TO EVALUATE THE PROPOSALS AND CHOOSE THE LOWEST AND BEST BID. PRIVATE ATTORNEYS THAT ENTER INTO CONTINGENCY FEE CONTRACTS WITH THE STATE ARE PROHIBITED FROM RECEIVING MORE THAN A TWENTY-FIVE PERCENT OF THE NET RECOVERY TO THE STATE.

A PRIVATE ATTORNEY WHO IS REPRESENTING THE STATE ON A CONTINGENCY FEE BASIS IS REQUIRED TO MAINTAIN RECORDS ABOUT THEIR EXPENSES FOR AT LEAST FOUR YEARS AFTER THE CONTRACT TERMINATES. THE ATTORNEY GENERAL'S OFFICE IS REQUIRED TO RESPOND TO REQUESTS TO MAKE THESE RECORDS AVAILABLE TO THE PUBLIC UNDER THE SUNSHINE LAW.

THE ATTORNEY GENERAL IS REQUIRED TO POST CERTAIN INFORMATION ABOUT THE CONTINGENCY FEE ARRANGEMENT ON THEIR WEBSITE. THE ATTORNEY GENERAL IS ALSO REQUIRED TO SUBMIT AN ANNUAL REPORT REGARDING THE USE OF CONTINGENCY FEE CONTRACTS.

THIS AMENDMENT IS SIMILAR TO SCS/SB 432 (2011).

HA 9 - THIS AMENDMENT REQUIRES A MUNICIPALITY TO ALLOW AT LEAST ONE STREET, WITH LAWFUL TRAFFIC MOVEMENT AND ACCESS FROM BOTH DIRECTIONS, TO BE USED BY COMMERCIAL VEHICLES TO ACCESS ANY ROADS IN THE STATE HIGHWAY SYSTEM (SECTION 304.120). THE AMENDMENT ALSO PROHIBITS ANY CIVIL ACTION FOR A PUBLIC OR PRIVATE NUISANCE ON THE BASIS OF AN INDIVIDUAL OR BUSINESS ENTITY LEGALLY USING A VEHICLE ON A PUBLIC STREET OR HIGHWAY (SECTION 537.293).

THIS AMENDMENT IS SIMILAR TO A PROVISION OF SS/SCS/HCS/HB 430 (2011).

HA 1 TO HA 9 - NO SURFACE MINING PERMITS OR AIR OR WATER QUALITY PERMITS SHALL BE ISSUED TO ANY PERSON FOR MINING ACTIVITY WHEN THE MINE PLAN BOUNDARY FOR THE ACTIVITY IS WITHIN 1,000 FEET OF AN ACCREDITED SCHOOL THAT HAS BEEN IN THAT LOCATION FOR AT LEAST 5 YEARS, EXCEPT THIS PROHIBITION DOES NOT APPLY TO REQUESTS TO EXPAND EXISTING MINES OR TO UNDERGROUND MINING ACTIVITIES.

THIS AMENDMENT IS SIMILAR TO A PROVISION OF SS#2/SCS/HCS/HB 89 (2011) AND SS/SCS/HCS/HB 430 (2011).