SB 148
Modifies provisions relating to business regulations
LR Number:
Last Action:
5/15/2015 - H Calendar S Bills for Third Reading w/HCS
Journal Page:
HCS SB 148
Calendar Position:
Effective Date:
House Handler:

Current Bill Summary

HCS/SB 148 - This act modifies provisions relating to business regulations.

PASSPORT SERVICE (Section 49.130) - This act allows the county recorder of deeds to offer passport services if the circuit clerk in the county does not offer such services. If the recorder does not offer such services, the county commission, or a county officer designated by the county commission, may take or process applications for passports. Fees charged for the service are retained by the county office that provides the service.

This provision is similar to the perfected SCS/SB 539 (2015).

CONVENTION CENTERS (Section 67.617) - This act prohibits leases for convention center and related facilities from being considered public records under certain circumstances as set forth in this act. This provision shall not apply to leases involving a professional sports franchise.

GENERAL OBLIGATION BONDS & MUNICIPAL ADVISORS (Sections 108.140-108.171) - Under this act, "municipal advisor" is defined as a person registered with the U.S. Securities and Exchange Commission. Municipal advisors involved in the sale of general obligation bonds are prohibited from underwriting the issuance of such bonds under this act. Further, any municipal advisor engaged with a political corporation shall be independent of the underwriter of that issue of securities.

Under this act, the Office of Administration may provide technical assistance regarding the issuance of bonds to political corporations or subdivisions as set forth in this act.

These provisions are similar to HB 204 (2015).

BUSINESS FILING FEES COLLECTED BY THE SECRETARY OF STATE (Sections 274.170-274.190, 347.055-359.653, 392.010, 417.016-417.220) - This act removes filing fees relating to the formation, registration, maintenance, termination, and dissolution of cooperative marketing companies, limited liability companies, corporations, nonprofit organizations, personal corporations, cooperative companies, partnerships, limited liability partnerships, limited partnerships, telephone and telegraph companies, and trademarks and fictitious names.

This act lowers the fee for the Secretary of State to make a preclearance examination and report regarding a document from $50 to $20. The fee for furnishing a certificate to corporations is also lowered from $20 to $5.

This act permits the Secretary of State to collect a fee of $5 for each fee required for certain limited liability companies, nonprofit corporations, professional corporations, partnerships, limited partnerships, and other general business corporations as of August 28, 2015. Under this act, the Secretary of State is required to publish a schedule of fees required as of August 28, 2015. This act further requires that such fees shall be deposited into the state treasury and credited to the Secretary of State's Technology Trust Fund account. Moreover, this act extends the sunset for certain fees to be deposited into the Technology Trust Fund to December 31, 2021.

This provision is identical to provisions contained in SB 157 (2015), HCS/HB 513 (2015), and HB 392 (2015).

DRAFT BEER (Section 311.201) - This act allows any person who is licensed to sell intoxicating liquor in the original package at retail to sell 32-128 ounces of draft beer for consumption off the premises. Further, this act specifies that no law or rule of the Supervisor of Alcohol and Tobacco Control shall be interpreted to allow a liquor wholesaler, distributor, or manufacturer to provide dispensing or cooling equipment or growlers to anyone who has a retail license to sell liquor in the original package.

This act also provides the manner in which containers may be filled and refilled, and requirements for certain information to be provided on the container.

This provision is similar to HB 279 (2015) and SB 312 (2015).

DIVISION OF ALCOHOL AND TOBACCO CONTROL FUND (Sections 311.730-311.735) - This act creates the Division of Alcohol and Tobacco Control Fund. Under this act, 70% of the fees collected for liquor licenses and permits are directed to the fund. Money in the fund may only be used by the Division of Alcohol and Tobacco Control for the administration of the liquor control laws and laws prohibiting the sale of tobacco to minors, and any duties relating to licensing, training, technical assistance, and regulations.

This provision is identical to SS/SB 373 (2015) and provisions contained in SCS/HB 279 (2015), and is similar to provisions contained in the perfected HB 842 (2015).

PETROLEUM STORAGE TANK INSURANCE FUND (Sections 319.114 & 414.036) - Under this act, an owner or operator shall not be denied benefits by the Petroleum Storage Tank Insurance Fund if their claim arises from a release of motor fuel that is incompatible with the motor fuel storage tank system except in cases of fraud on the application for coverage.

These provisions are identical to provisions contained in HCS/SCS/SB 131 (2015), and are similar to provisions contained in HCS/HB 1102 (2015).


Currently, limited liability companies leasing real property to others or owning unoccupied real property in Kansas City must file an affidavit with the city clerk listing the manager of the property. This act requires the affidavit to name a natural person with control of the property and his or her street address.

Further, under this act any political subdivision may enact an ordinance requiring LLC's that own real property located with the political subdivision to file an affidavit with the county clerk listing the name and address of a natural person with control of the property.

If the person who manages the property changes, the LLC must file a new affidavit listing a successor manager within 30 days. No LLC may be charged a fee for filing a required affidavit. If an LLC required to file an affidavit fails to file an affidavit, any person adversely affected or the city may petition the court to direct the filing of an affidavit.

This provision is similar to HCS/HB 864 (2015), SB 335 (2015), HB 895 (2015), and provisions in HCS/HB 1154 (2015), HCS/SCS/SB 245 (2015).

LONG-TERM CARE INSURANCE (Section 376.1110) - This act prohibits insurance companies from issuing policies on long-term care insurance unless risks and premium rates have been filed and approved with the Department of Insurance, Financial Institutions and Professional Registration. The Director of the Department shall approve or disapprove the rates filed within 45 days. Such rates shall not be excessive, and shall not increase by more than 10% annually unless risk characteristics change. All rates shall be in accordance with provisions set forth in this act.

This provision is identical to HB 954 (2015).

REAL ESTATE TRANSACTIONS (Section 381.022 & 381.058) - This act provides that a title insurer, title agency, or title agent may perform escrow or closing services in residential real estate transactions by giving notice to affected persons that their interests are not protected by the title insurer, agency, or agent in situations where the title insurance policy is not being issued by the title insurer, agency, or agent performing the escrow or closing services. In situations where title insurers, agencies and agents are exclusively performing escrow, settlement, or closing services, it is unlawful for such entities to do so unless they clearly disclose to the sellers, buyers, and lenders involved in such escrows, settlements, or closings that no title insurer is providing any protection for closing or settlement funds.

These provisions are identical to SB 159 (2015) and SCS/SB 634 (2014), and are substantially similar to SB 364 (2013) and provisions in HCS/SB 874 (2014).

MOTOR FUEL LIABILITY (Section 414.255) - Under this act, a vendor of motor fuel shall not be liable for property damages related to a customer's purchase of fuel so long as the selection of the fuel was made by the customer and the fuel meets motor fuel quality and labeling requirements.

This provision is similar to provisions contained in HCS/HB 1102 (2015) and HCS/SCS/SB 131 (2015).

QUALIFIED SPOUSAL TRUSTS (Sections 456.950 &456.1-113) - Currently, property held by a husband and wife as tenants by the entirety, joint tenants, or other form of joint ownership with right of survivorship shall be deemed to be held as tenants by the entirety upon its transfer to a qualified spousal trust and shall retain immunity from the claims of the separate creditors of the settlors.

This act provides that regardless of how the property was titled prior to being transferred to a qualified spousal trust, all property held in a qualified spousal trust shall have the same immunity from the claims of the separate creditors of the settlors as if the property were held by the settlors as tenants by the entirety. Property held in a qualified spousal trust shall no longer receive immunity from creditors' claims upon the dissolution of marriage of the settlors. Additionally, in the case of the dissolution of the settlors' marriage the rights of the settlors in property shall not be affected because of the transfer of such property to a qualified spousal trust, unless expressly agreed to otherwise in writing.

This act defines "property" as used in the sections of law regarding qualified spousal trusts and states that property transferred to a qualified spousal trust is still subject to fraudulent conveyance laws.

Additionally, the transfer of an asset to a trustee of any type of trust or to the trust itself subjects that asset to the terms of such trust.

This provision is identical to SCS/SB 481 (2015), HCS/HB 1040 (2015), HCS/SB 164 (2015), and a provision contained in SCS/HB 276 (2015), and is substantially similar to HB 807 (2015).

LANDLORD-TENANT ACTIONS (Section 534.350-535.300) - Currently, in unlawful detainer and forcible entry and detainer suits an execution of the judgment may be issued at any time after judgment, but the restoration of the property cannot occur until after the expiration of time allowed to file an appeal. This act provides that in these types of suits the judge shall not issue an execution of the judgment until ten days after the judgment. If an appeal is filed and the losing party posts an appeal bond, then the execution of the judgment shall be temporarily suspended while the appeal is pending.

The act moves the provision of law specifying that if it appears to the officer executing the judgment that the defendant is hindering or delaying the seizure of property then rents, profits, damages, and costs may be seized before the expiration of the time allowed for taking an appeal to a new section and repeals the current section of law.

Currently, in rent and possession suits an appeal shall stay execution of the judgment if the defendant gives bond within ten days "after it becomes due." The act specifies that the bond must be deposited with the court within ten days after an entry of judgment.

Under this act, a landlord and tenant may agree in the rental agreement to an amount to be charged for specific services that may be required to return the rental property to its condition at the commencement of the tenancy.

These provisions are identical to provisions contained in CCS/HCS/SCS/SB 67 (2015), HB 1330 (2015), and HCS/HB 1006 (2015).

KANSAS CITY TRANSIT SYSTEM (Section 537.601) - This act provides that sovereign immunity as existed at common law prior to September 12,1977, shall apply to private entities employed to provide governmental services that provide a general public benefit and serve the public health and welfare to or on behalf of a government entity or nonprofit formed for the purpose of managing a streetcar transit system located in Kansas City, in tort actions where the injury occurred on or after August 28, 2015. Such immunity is waived in certain situations as provided by current law.

STATE ENERGY PLAN (Section 620.3150) - Under this act, if a state energy plan is developed by the Division of Energy, such plan shall only be implemented upon approval by the General Assembly by concurrent resolution. No expenditure shall be made by any department in furtherance of such plan until so approved.

This provision has an emergency clause.

This provision is substantially to a provision contained in HCS/SCS/SB 152 (2015), the perfected HB 1305 (2015), HB 923 (2015), and the perfected HB 918 (2015).

JOINT COMMITTEE ON HUMAN INVESTMENT AND SOCIAL IMPACT BONDS (Section 660.755) - This act establishes the Joint Committee on Human Investment and Social Impact Bonds consisting of 6 members of the House of Representatives and 6 members of the Senate. The Committee shall perform certain duties as set forth in this act, including preparing a full report on social impact bonds for submission to the General Assembly by January 30 of each year. This section and the Committee shall expire on January 30, 2020.

This provision is similar to HB 1324 (2015).

UNARMED SECURITY GUARDS (Section 1) - Under this act, any person holding an occupation license issued by the Missouri Gaming Commission as an unarmed security guard serving on a gambling boat shall be exempt from any political subdivision licensing requirement for unarmed security guards.