HCS/SCS/SB 103 - This act modifies provisions relating to judicial proceedings.DISCLOSURE OF CERTAIN RECORDS INVOLVING CHILDREN (SECTION 210.1360)
Under this act, any personally identifiable information regarding any child receiving child care from a provider or applying for or receiving any services through a state program shall not be subject to disclosure, except as described in the act.
This provision is identical to a provision in the truly agreed to and finally passed CCS/SB 28 (2023), in the truly agreed to and finally passed CCS/HCS/SS/SCS/SBs 45 & 90 (2023), in the truly agreed to and finally passed SS/HB 447 (2023), and SCS/HB 677 (2023), and is similar to HB 1010 (2023), a provision in HCS/SS/SB 198 (2023), in HCS/SS/SB 213 (2023), and SB 628 (2023).
CONSUMER WAGE ACCESS SERVICES (SECTION 361.749)
An earned wage access service is the business of delivering funds that have been earned but are unpaid, referred to as proceeds, to consumers prior to the next date on which an employer or other person paying a salary, wages, compensation, or other income to a consumer is obligated to pay such funds.
The act prohibits any person from engaging in the business of earned wage access services without registering with the Division of Finance by filling out a registration form and paying a $1,000 registration fee. The act outlines the obligations and restrictions on how an earned wage access services provider ("service provider") may engage in business, including requiring development of procedures for dealing with consumer questions and complaints, specifying how services may be provided, specifying notices required to be given consumers, and regulating the types of fees that may be charged and the manner in which any repayments may be pursued.
The act further details requirements for if the service provider solicits, charges, or receives tips, gratuities, or donations from consumers.
The Director of the Division of Finance within the Department of Commerce and Insurance, or the Director's representative, may make investigations to examine any registrant and may compel the production of all relevant books, records, accounts, and documents of registrants. Registrants are required to maintain records of their earned wage access services, which may be in electronic form, for at least two years. Enforcement measures are created allowing for the suspension or revocation of registration if a provider fails, refuses, or neglects to comply with this act. Any earned wage access services provider knowingly violating these provisions shall be guilty of a class A misdemeanor.
These provisions do not apply to banks or savings and loan associations whose deposits or accounts are eligible for insurance by the FDIC; credit unions; or any person authorized to make loans or extensions of credit.
This provision is substantially similar to a provision in HCS/SS/SB 181 (2023) and in HCS/HB 628 (2023), and is similar to SB 586 (2023) and HCS/HB 759 (2023).
BUSINESS COVENANTS (SECTION 431.204)
This act provides that a reasonable covenant in writing promising not to solicit, recruit, hire, induce, persuade, encourage, or otherwise interfere with, directly or indirectly, employees or owners of a business entity shall be presumed to be enforceable and not a restraint of trade if it is between a business entity and the owner of the business entity for a term no more than two years following the end of the owner's relationship with the business entity. Additionally, a reasonable covenant in writing promising not to solicit, induce, direct, or otherwise interfere with a business entity's customers shall be enforceable if the covenant is limited to customers with whom the owner dealt and if the covenant between an entity and owner does not continue for more than five years following the end of the owner's relationship with the business entity. Furthermore, a written provision by which an owner promises to provide notice of termination, selling, or otherwise disposing of ownership in the business entity shall be presumed to be enforceable and not a restraint of trade.
If a covenant is overbroad, overlong, or otherwise not reasonably necessary to protect the protectable business interests of the business entity seeking enforcement of the covenant, a court shall modify the covenant, enforce the covenant as modified, and grant only the relief reasonably necessary to protect such interests.
This act is not intended to create or affect the validity or enforcement of covenants not to compete or nondisclosure or confidentiality agreements. Additionally, this act shall not be construed to limit an owner's ability to seek or accept employment with another business entity upon termination of the owner's relationship with a business entity.
This provision is identical to a provision in CCS/HCS/SS/SCS/SB 72 (2023), SB 367 (2023), HB 902 (2023), in HCS/SS#2/SCS/SB 968 (2022), and in HCS/SS/SCS/SB 931 (2022) and is similar to provisions in SB 833 (2022), HB 1688 (2022), SB 181 (2021), HB 1008 (2021), provisions in SCS/HCS/HB 1204 (2021), SCS/HCS/HB 1242 (2021), SB 922 (2020), and HB 2684 (2020).
CONSUMER LEGAL FUNDING ACT (SECTIONS 436.550 TO 436.572)
This act creates the "Consumer Legal Funding Act" which establishes provisions relating to contracts for consumer legal funding. The act describes a "consumer legal funding contract" as a nonrecourse contractual transaction in which a consumer legal funding company purchases and a consumer assigns to the company a contingent right to receive potential proceeds from a settlement, judgment, award, or verdict obtained in the consumer’s legal claim so long as certain elements apply.
Additionally, the act provides requirements to be included in any such contract. The company shall provide the consumer’s attorney with a written notice of the contract within three business days of the funding date. The contract is only to be entered into if an existing legal claim in which the consumer is represented by an attorney and shall not be valid if its terms exceed a period of forty-eight months. Additionally, no consumer legal funding contract shall be automatically renewed.
This act also provides that actions that cannot be taken by the company. Additionally, all consumer legal funding contracts shall contain disclosures regarding material terms of the contract.
The act provides that only attorney’s liens related to the legal claim, Medicare, or other statutory liens related to the legal claim take priority over claims to proceeds from the consumer legal funding company. Additionally, no consumer legal funding company shall report a consumer to a credit reporting agency if insufficient funds remain from the net proceeds to repay the consumer.
A consumer legal funding company shall not engage in the business of consumer legal funding in the state of Missouri without obtaining a license from the Division of Finance of the Department of Commerce and Insurance. The initial or renewal license applications are required to be in writing, made under oath, and on the form provided by the Director of the Department of Finance. The act provides for fees associated with licensing.
If the Director of the Division of Finance determines that any consumer legal funding company fails to meet its obligations under this act, or any provisions relating to consumer legal funding, the Director may issue an order to cease and desist which is enforceable by a civil penalty of no more than one thousand dollar per day for each day a violation occurs.
Furthermore, if any consumer legal funding company fails to comply with the provision of this act, or any laws relating to consumer legal funding, its license may be suspended or revoked by the Director of the Division of Finance. The Division of Finance may also investigate and examine each consumer funding company as necessary to carry out this act.
Finally, a consumer legal funding contract is subject to the rules of discovery.
These provisions are substantially similar to provisions in CCS/HCS/SS/SCS/SB 72 (2023) and HCS/SS/SB 181 (2023), and are similar to provisions in SB 342 (2023), HCS/HB 628 (2023), in SB 708 (2023), SCS/HCS/HB 725 (2023), HCS/HB 2771 (2022), SB 504 (2019), HB 550 (2019), SB 957 (2018), HB 2251 (2018), HB 74 (2017), SB 162 (2017), SB 882 (2016), HB 1706 (2016), SB 785 (2016), SB 360 (2015), HB 512 (2015), SB 542 (2014), HB 1569 (2014), and SB 440 (2013).
VENUE IN GUARDIANSHIP AND CONSERVATORSHIP CASES (SECTION 475.040)
This act provides that a guardianship or conservatorship proceeding may be transferred to a court in another county if it appears to the court that at any time before the termination of a guardianship or conservatorship that the domicile, instead of the domicile or residence, of the ward or protectee has changed to another county.
This provision is identical to a provision in CCS/HCS/SS/SCS/SB 72 (2023), in SB 365 (2023), in SCS/HCS/HBs 994, 52 & 984 (2023), and in HB 1013 (2023).
POOLED ESTATE ACCOUNTS (SECTION 475.275)
Currently, the Public Administrator of Jackson County, when serving as a conservator, is required to have any pooled accounts audited at least once a year. The audit shall provide a review of the records of receipts and disbursements and each estate account. Upon completion of the audit, the accountant shall render a report to the judge showing receipts, disbursements, and account balances as to each estate and as well as the total assets on deposit in the pooled account on the last calendar day of each year.
This act repeals the provisions and instead provides that a public administrator of any county serving as a conservator or personal representative using pooled accounts for the management of estate funds shall have such accounts examined on an annual basis. The examination shall:
(1) Compare the pooled account's year-end bank statement and obtain the reconciliation of the pooled account from the bank statement to the fiduciary's general ledger balance on the same day;
(2) Reconcile the total of individual accounts in the fiduciary's records to the reconciled pooled account's balance and note any difference;
(3) Confirm if collateral is pledged to secure accounts on deposit in the pooled account in excess of FDIC coverage; and
(4) Confirm the account balance with the financial institution.
The public administrator shall certify by affidavit that the conditions of this act for establishing pooled accounts have been met.
This provision is identical to a provision in CCS/HCS/SS/SCS/SB 72 (2023), in SB 365 (2023), and in HB 1013 (2023).
COURT AUTOMATION (SECTION 476.055)
Currently, there are twenty-three members of the Court Automation Committee. This act increases the number of members to twenty-five by adding two employees who work full-time in a municipal division of a circuit court.
Additionally, this act repeals the provision that any unexpended balance remaining in the Statewide Court Automation Fund shall be transferred to general revenue on September 1, 2023, and the provision that the court fee collected for the Statewide Court Automation Fund shall expire on September 1, 2023. Finally, this act repeals the provision requiring the Court Automation Committee to complete its duties by September 1, 2025, and repeals the expiration date for the provision establishing the Statewide Court Automation Fund and the Court Automation Committee.
This provision is identical to a provision in CCS/HCS/SS/SCS/SB 72 (2023), in SCS/HCS/HB 90 (2023), in SS/SCS/HCS/HB 301 (2023), in SCS/HCS/HBs 994, 52 & 984 (2023), and is similar to SB 223 (2023), SB 1122 (2022), and HB 2702 (2022).
JUDICIAL PRIVACY ACT (SECTIONS 476.1300 TO 476.1313)
This act establishes the "Judicial Privacy Act", which regulates the use of a judicial officer's personal information.
Upon receiving a written request, a government agency, as defined in the act, shall not publicly post or display a judicial officer's personal information in publicly available content, which includes documents or records that may be obtained by any person or entity, from the internet, upon request to the government agency, or in response to a request pursuant to the Missouri Sunshine Law or the federal Freedom of Information Act. A written request is a written or electronic notice signed by the judicial officer and submitted to the clerk of the Supreme Court of Missouri, or for a federal judicial officer to his or her clerk of the court, for transmittal to the government agency, person, business, or association.
After receiving a written request, the government agency shall remove the judicial officer's personal information from publicly available content within five business days. After removal, the government agency shall not publicly post or display the information and such information shall be exempted from the Missouri Sunshine Law. If a government agency fails to comply, the judicial officer may bring an action for injunctive or declaratory relief. If the court grants injunctive or declaratory relief, the court may award costs and reasonable attorney's fees. These provisions shall not apply to the Missouri State Highway Patrol.
No person, business, or association shall publicly post or display on the internet a judicial officer's personal information if the judicial officer has made a written request. Further, this act provides that no person, business, or association shall solicit, sell, or trade on the internet a judicial officer's personal information for purposes of harassing, intimidating, or influencing a judicial officer in violation of the offense of tampering with a judicial officer or with the intent to pose an imminent and serious threat to the health and safety of the judicial officer or the judicial officer's immediate family.
A person, business, or association shall have five business days to remove the judicial officer's personal information after receiving a written request. Additionally, after receiving a request, the person, business, or association shall continue to ensure that the judicial officer's personal information is not made available on any website controlled by such person, business, or association nor shall make the judicial officer's personal information available through any medium. If a judicial officer's personal information is made public in violation of this act, the judicial officer may bring an injunctive or declaratory action. If the court grants injunctive or declaratory relief, the person, business, or association responsible for the violation shall be required to pay the judicial officer's costs and reasonable attorney's fees.
No government agency, person, business, or association shall violate this act if the judicial officer fails to submit a written request. A written request shall be valid if the judicial officer sends the written request directly to a government agency, person, business, or association or files with the clerk of the Missouri Supreme Court or the clerk's designee in compliance with the Missouri Supreme Court rules. Additionally, this act provides that the clerk of the court where the judicial officer serves may submit a written request on behalf of the judicial officer if the judicial officer gives written consent and the clerk furnishes a copy of that consent with the request.
Each calendar quarter, the clerk of the Supreme Court of Missouri shall provide a list of all state judicial officers who have submitted a request to the appropriate officer for each government agency and the officer shall promptly provide a copy to all agencies under his or her supervision. Receipt of the clerk's written request list shall constitute a written request to the agency for purposes of this act.
A judicial officer's written request shall specify what personal information shall be maintained as private and shall make a reasonable effort to identify specific publicly available content in possession of the government agency. Furthermore, a judicial officer shall disclose the identity of his or her immediate family and indicate that their personal information shall be also be excluded to the extent that it could reasonably reveal the judicial officer's personal information.
A judicial officer's written request is valid until the judicial officer provides written consent to release the personal information or upon death of the judicial officer. Additionally, this act shall not apply to disclosures on lobbyist activities and campaign finance as required by law.
Written requests transmitted to a county recorder of deeds shall only include information specific to eligible documents maintained by that county. Not more than five business days after receiving a written request, the recorder shall shield the eligible documents listed in the written request and shall electronically reply with a list of documents not found in the county's records. In order to shield subsequent eligible documents, the judicial officer shall present a copy of his or her written request to the recorder at the time of recording and the recorder shall ensure that the eligible document is shielded within five business days. Eligible documents shall remain shielded until the recorder receives a court order or notarized affidavit signed by the judicial officer. No recorder shall be liable for any damages under this provision if the recorder made a good faith effort to comply and no recorder shall be liable for the release of eligible documents or data that was released or accessed prior to the document being shielded.
These provisions are identical to provisions in CCS/HCS/SS/SCS/SB 72 (2023), the truly agreed to and finally passed SS/SCS/SBs 189, 36 & 37 (2023), SS/SCS/HCS/HB 301 (2023), and in SCS/HCS/HBs 919 & 1081 (2023), and are similar to provisions in SCS/HCS/HBs 994, 52 & 984 (2023) and HB 2037 (2022).
COMPENSATION OF COURT REPORTERS (SECTION 485.060)
This act modifies the annual salary of court reporters for a circuit judge by providing that the percentage based on each court reporter's cumulative years of service with the circuit courts shall include the percentage increases for the previous range of years of service. Additionally, this act repeals the provision stating that a court reporter may receive multiple adjustments as his or her years of service increase, but that only one percentage increase shall apply to the annual salary at a time.
This provision is identical to a provision in CCS/HCS/SS/SCS/SB 72 (2023), in SCS/HCS/HB 90 (2023), SB 154 (2023), HB 537 (2023), and in SCS/HCS/HBs 994, 52 & 984 (2023).
EXCLUSION OF PERSONAL INFORMATION OF MINORS IN COURT DOCUMENTS (SECTION 509.520)
Currently, Social Security numbers of parties or children subject to an order of custody or support and credit and financial information of any parties are to be excluded from pleadings, attachments, or exhibits filed with the court in any case, as well as judgments issued by the court. This act provides that beginning August 28, 2023, the following information shall be excluded from pleadings, attachments, exhibits, judgments, orders, or other records of the court, but shall be included in a confidential information sheet filed with the court, which shall not be subject to public inspection or availability:
(1) Social security numbers of any party or children;
(2) Credit card numbers, financial institution account numbers, personal identification numbers, or passwords used to secure an account of any party;
(3) Motor vehicle operator license number;
(4) Victim's information, including name, address, and other contact information;
(5) Witness's information, including name, address, and other contact information;
(6) Any other state identification numbers;
(7) The name, address, and date of birth of a minor and, if applicable, any next friend; or
(8) The date of birth of any party, except the year may be made available for any party that is not a minor.
This provision is identical to a provision in CCS/HCS/SS/SCS/SB 72 (2023), in the truly agreed to and finally passed SS/SCS/SBs 189, 36 & 37 (2023), in SS/SCS/HCS/HB 301 (2023), and is similar to a provision in SCS/HCS/HBs 994, 52 & 984 (2023) and contains a provision similar to a provision in SCS/HCS/HB 90 (2023), SB 302 (2023), HB 444 (2023), in HCS/SS#2/SB 761 (2022), in HCS/SS#2/SB 823 (2022), SB 872 (2022), and in SCS/HCS/HB 2151 (2022).
UNLAWFUL POSTING OF CERTAIN INFORMATION (SECTION 565.240)
Currently, the unlawful posting of certain information of any law enforcement officer, corrections officer, parole officer, judge, commissioner, or prosecuting attorney, or of any immediate family member of such person, that intends to or threatens to cause great bodily harm or death shall be a Class E felony. This act provides that if such unlawful posting of certain information that intends to or threatens to cause great bodily harm or death actually results in bodily harm or death to such person or immediate family member, the offense shall be a Class D felony.
This provision is identical to a provision in CCS/HCS/SS/SCS/SB 72 (2023), in the truly agreed to and finally passed SS/SCS/SBs 189, 36 & 37 (2023), in SS/SCS/HCS/HB 301 (2023), and in SCS/HCS/HBs 994, 52 & 984 (2023).
NOTIFICATION TO VICTIMS OF CERTAIN CRIMES BY ELECTRONIC MAIL (SECTION 595.209)
Under current law, victims of certain crimes shall be notified by the prosecutor's office and law enforcement of certain filings or status updates in the criminal case of which he or she is a victim. This act adds that the victim shall be notified by certified mail or by electronic mail.
This provision is identical to a provision in the truly agreed to and finally passed HCS/SS/SB 24 (2023), CCS/HCS/SS/SCS/SB 72 (2023), the truly agreed to and finally passed CCS/HCS/SB 186 (2023), the truly agreed to and finally passed SS/SCS/SBs 189, 36 & 37 (2023), HB 196 (2023), in SS/SCS/HCS/HB 301 (2023), and SB 337 (2023).
REPEAL OF THE MISSOURI POSTCONVICTION DRUG TREATMENT PROGRAM (SECTION 217.785)
This act repeals the Missouri Postconviction Drug Treatment Program.
This provision is identical to a provision in CCS/HCS/SS/SCS/SB 72 (2023), in SCS/HCS/HB 90 (2023), in HCS/HBs 119, 372, 382, 420, 550 & 693 (2023), in HB 196 (2023), in SS/SCS/HCS/HB 301 (2023), and in SCS/SBs 384 & 276 (2023).
REPEAL OF COURT SURCHARGES FOR EXPUNGEMENT PETITIONS (SECTION 488.650)
This act repeals provisions relating to a surcharge for petitions for expungement.
This provision is identical to a provision in the truly agreed to and finally passed HCS/SS/SCS/SBs 189, 36 & 37 (2023) and SB 372 (2023).
KATIE O'BRIEN