HCS/SCS/SB 662 - This act modifies provisions relating to judicial proceedings. OFFENSES COMMITTED AGAINST A BODY OF THE GENERAL ASSEMBLY (SECTIONS 21.403, 21.405, 575.040, 575.050, 575.160, 575.270, 575.280, 575.330, AND 576.030) This act provides that if an individual who has been subpoenaed to testify or provide information at a proceeding before a body of the Missouri General Assembly has refused on the basis of self-incrimination, the President Pro Tempore of the Senate or Speaker of the House of Representatives may request the court to issue an order requiring such individual to testify. If the court finds that such request has been approved by three-fifths majority of the members of such body requesting the order, the court shall issue an order requiring such individual to testify. If a person is subpoenaed as a witness by a body of the General Assembly and fails to appear or refuses to answer, a statement of facts constituting such failure or refusal may be reported to the President Pro Tempore or the Speaker, who may certify such statement of facts to the prosecuting attorney or other attorney having jurisdiction for prosecution. The Attorney General has concurrent original jurisdiction to commence such criminal action. The President Pro Tempore or the Speaker may request the appointment of independent counsel by the court, which shall appoint such counsel with 15 days of the request. The independent counsel shall have sole jurisdiction to prosecute. The offense of perjury committed in any proceeding before a body of the General Assembly is a Class D felony. The offense of making a false affidavit when done in any proceeding before a body of the General Assembly is a Class A misdemeanor. The offense of interference with legal process, including an order of a body of the General Assembly, is a Class B misdemeanor. The offense of tampering with a witness subpoenaed in a proceeding before a body of the General Assembly is a Class E felony. The offense of acceding to corruption in a proceeding before a body of the General Assembly is a Class D felony. A person commits the offense of contempt of a body of the General Assembly if he was subpoenaed as a witness by a body of the general assembly and willfully fails to appear, refuses to answer any pertinent questions, or fails to produced required documents. The offense of contempt of a body of the General Assembly after an order has been issued requiring the testimony is a Class E felony. These provisions are identical to provisions in SCS/HB 1386 (2020) and in HCS/SB 587 (2020) and is similar to HB 1942 (2020) and HCS/HB 2374 (2020). COURT REPORTERS (SECTIONS 89.080 AND 485.060) A record of all testimony, objections, and rulings in hearings conducted by the Board of Adjustment shall be taken by a certified court reporter employed by the Board, made by a certified electronic recorder who has basic knowledge of court proceedings and related legal terminology and who may utilize any form of audio, video, or digital recording, or by an officer of the court. This act provides that the annual salary of each court reporter for a circuit judge shall be adjusted by a percentage based on each court reporter's cumulative years of service with the circuit courts. These provisions are identical to provisions in HCS/SS/SCS/SB 594 (2020), in HCS/SCS/SB 725 (2020), and HCS/HB 1819 (2020) and is similar to SB 908 (2020) and HB 2191 (2020). DISCRIMINATION ON THE BASIS OF RACE IN EDUCATIONAL INSTITUTIONS (SECTIONS 160.082 AND 213.012) Under this act, no person shall be subjected to discrimination on the basis of race in any program or activity conducted by an educational institution that receives or benefits from state financial assistance or enrolls pupils who receive state student financial aid. The term "race" shall include traits historically associated with race, including, but not limited to, hair texture and protective hairstyles. The term "protective hairstyles" shall include, but is not limited to, such hairstyles as braids, locks, and twists. These provisions are identical to SB 1042 (2020) and HB 2356 (2020). KRATOM CONSUMER PROTECTION ACT (SECTION 196.1170) This act creates the "Kratom Consumer Protection Act". Any dealer, as such term is defined in the act, preparing, distributing, selling, or exposing for sale a food purporting to be a kratom product shall disclose on the product label the factual basis upon which the representation is made. Such dealer shall not prepare, distribute, sell, or expose for sale a kratom product: (1) Adulterated with a dangerous non-kratom substance, including a substance that affects the quality or strength of the kratom product so as to render the product injurious to a consumer; (2) Contaminated with a dangerous non-kratom substances, including a substance that is poisonous or otherwise deleterious; (3) Containing a level of 7-hydroxymitragynine in the alkaloid fraction that is greater than 2% of the alkaloid composition of the product; (4) Containing any synthetic alkaloids; or (5) Does not include on its package or label the amount of mitragynine and 7-hydroxymitragynine contained in the product. A dealer shall not distribute, sell, or expose for sale a kratom product to an individual under 18 years of age. A dealer who violates certain labeling provisions of this act may be assessed a fine as specified in the act and a dealer who violates other provisions, including sales to minors and sales of contaminated or adulterated kratom products, shall be guilty of a Class D misdemeanor. Such dealer may also be subject to a civil cause of action by any aggrieved person for damages incurred. This act shall preempt any order, ordinance, or regulation of kratom by any political subdivision of this state. This provision is identical to HCS/SS/SB 580 (2020) and HB 2061 (2020). JUVENILE COURTS (SECTIONS 211.438 AND 211.439) This act repeals the provision regarding expanding services from 17 years of age to 18 years of age as a new service with a contingency effective date based on appropriations sufficient to fund the expanded service. Additionally, this act modifies the effective date of the repeal and reenactment of certain sections relating to juvenile courts from January 1, 2021 to January 1, 2022. This provision is identical to a provision in HCS/SS#2/SCS/SB 523 (2020) and in HCS/SB 774 (2020). LIABILITY OF MOTOR VEHICLE DEALERS FOR INACCURACIES (SECTION 301.576) This act provides that motor vehicle dealers shall not be liable for inaccuracies in third-party motor vehicle history reports when the inaccuracy is not based on information provided to the third-party preparer of the report by the dealer. This act shall not apply if the dealer has actual knowledge of a vehicle's accident, salvage, or service history not reflected on a third-party motor vehicle report, as defined in the act. This provision is identical to HCS/SB 686 (2020), SCS/SB 809 (2020), HCS/HB 1959 (2020), and SCS/HB 1963 (2020). Arbitration Awards and Intervention Against Insurers (Section 435.415 and 537.065) This act provides that no arbitration award shall be binding, admissible in evidence, or provide the basis for any judgment or decree against any insurer, as defined in the act, unless the insurer has agreed in writing to the arbitration proceeding. Any arbitration award shall not be subject to garnishment, enforcement, or collection from any liability insurer unless the insurer as agreed in writing to the written arbitration agreement. Unless otherwise required by the insurance contract, an insurer's election to not participate in arbitration shall not constitute or be construed as bad faith. These provisions shall not apply to any arbitration required by statute or arbitration agreements preceding the date of injury or loss. Currently, any person having an unliquidated claim for damages against a tort-feasor may enter into a contract with the tort-feasor or any insurer to limit judgments to specified assets provided that the insurer has the opportunity to defend the tort-feasor without reservation but refuses to do so. This act provides that such person may enter into a contract with the tort-feasor or any insurer if the insurer has refused to withdraw a reservation of rights or declined coverage for such unliquidated claim. Under current law, the insurer shall be provided with written notice of the execution of the contract and shall have 30 days to intervene before a judgment may be entered against a tort-feasor who has entered into such a contract. This act provides that for actions seeking a judgment on a claim against a tort-feasor pending at the time of execution of the contract, the tort-feasor is required to provide the insurer with a copy of the executed contract and a copy of the action within 30 days of execution of the contract. For actions which were pending at the time of execution but were later dismissed, the tort-feasor shall provide the insurer with a copy of the executed contract and the action within 30 days of any refiling of the action or the filing of any subsequent action seeking a judgment on the claim. If no action is pending at the time of the execution of any contract, the tort-feasor shall provide notice within 30 days after notice of any action. Judgment shall not be entered against any tort-feasor until the insurer has received written notice for at least 30 days. Furthermore, the act specifies that the insurers have the unconditional right to intervene in any pending civil action involving the claim for damages within 30 days of receiving notice. This act provides that insurers intervening in a court proceeding where the defendant has contracted to limit his or her liability to specified assets shall have all the same rights and defenses as are afforded to the tort-feasor, including any rights or defenses that would have been available in the absence of a contract. These provisions shall not alter or reduce an intervening insurer's obligations to any insureds other than the tort-feasor, including any co-insureds. All terms of any covenant not to execute or of any contract to limit recovery to specified assets shall be in writing and signed by the parties. No unwritten terms shall be enforceable against any party, liability insurer, or any other person. In actions for bad faith, any agreement between the tort-feasor and the insured shall be admissible in evidence. Furthermore, the exercise of any rights under this act shall not constitute or be construed as bad faith. These provisions are identical to provisions in SCS/HCS/HB 2049 (2020) and is similar to provisions in SS#1/SCS/SB 591 (2020), SCS/SB 726 (2020), SCS/SB 49 (2019), HB 120 (2019), and provisions in SCS/HB 186 (2019). EVICTIONS IN VIOLATION OF STATUTE OR ORDINANCE (SECTION 441.231) This act provides that a landlord shall be guilty of a class E felony for evicting a tenant in violation of any statute or county or municipal ordinance. This provision is identical to HCS/SB 774 (2020) and HB 1377 (2020). ELECTRONIC APPLICATION FILING FOR MARRIAGE LICENSES (SECTION 451.040) This act permits individuals applying for a marriage license, excluding those who are incarcerated or ordered to active military duty, to do so electronically through an online process. This provision is identical to HCS/HBs 1972 & 2366 (2020) and is substantially similar to SB 953 (2020). STATUTES OF LIMITATIONS (SECTION 516.099) This act provides that a person who is injured by a defective or unsafe condition of a product or due to negligence in the design, manufacture, sale, or distribution of a product has 15 years after the sale or lease of the product to bring a claim for damages. The 15-year time limitation shall not apply to actions relating to real property, actions where a person has knowingly concealed any defective or unsafe condition or negligence of the product, actions for indemnity or contribution by a defendant, actions involving a product which has a warranty longer than 15 years, actions regarding negligent service or maintenance of a product, actions involving a product that is subject to a government mandated product recall related to consumer safety, actions where the product causes certain latent diseases, and actions against manufacturers where the harm occurred during a product's useful safe life. However, the exception to the time limitation regarding products causing certain latent diseases does not apply to certain actions against a seller claiming a product is unreasonably dangerous due to a defective condition, unless the seller is also the manufacturer. This act applies to civil actions and new causes of actions asserted on August 28, 2020. Any cause of action that has accrued on or before that date may be brought no later than August 28, 2021. This provision is identical to HB 1596 (2020) and substantially similar to SB 555 (2020), SB 879 (2020), SS/SB 100 (2019) and a provision in SCS/HB 186 (2019) and similar to SCS/SB 596 (2018), a provision in SCS/SB 1102 (2018), HCS/HB 1611 (2018), SB 220 (2017), HB 594 (2017), and SB 1091 (2016). EMINENT DOMAIN FOR UTILITY PURPOSES (SECTION 523.262) This act specifies that no entity, which is defined as a utility company that does not provide service to end-use customers or provide retail service in Missouri, or does not collect its costs to provide service under a regional transmission organization tariff, regardless of whether it has received a certificate of convenience and necessity from the Public Service Commission, shall have the power of eminent domain for the purpose of constructing above-ground merchant lines, as such term is defined in the act. The provisions of the act shall not apply to rural electric cooperatives and certain other corporations operating on a cooperative basis. This provision is identical to HCS/SS/SB 618 (2020), HCS/HB 1992 (2020), HCS/HB 2033 (2020), and HCS/HB 2094 (2020) and is similar to SCS/SBs 597 and 604 (2020) and SCS/HB 1062 (2019). COVID-19 LIABILITY OF HEALTH CARE PROVIDERS (Section 537.037) This act provides that any health care provider, as defined within the act, who in good faith renders care in connection to the COVID-19 pandemic shall not be liable for any civil damages for any acts or omissions that occur during a period where there is in effect an executive order by the Governor declaring a state of emergency unless such actions were grossly negligent or willful or wanton. This provision is similar to a provision in SCS/HCS/HB 2049 (2020). SHELF STABLE FOOD LIABILITY (SECTION 537.115) This act defines shelf stable as any food that can be safely stored in a sealed package at room temperature for a usefully long shelf life, including normally refrigerated foods that have been processed by heat or dried to destroy foodborne microorganisms. This act protects a good faith donor from criminal or civil liability arising from an injury or death due to shelf stable food. Additionally, shelf stable packaged venison shall not subject a good faith donor or charitable or not-for-profit organization to liability if such food was received in good faith. This provision is identical to HCS/HB 1711 (2020). CHANGE OF VENUE FOR CAPITAL CASES FUND (SECTION 550.125) This act creates the "Change of Venue for Capital Cases Fund" which shall consist of funds appropriated by the General Assembly for the purpose of reimbursement of costs associated with the sequestering of jurors in counties in which a capital case has been transferred from another county. The Office of State Courts Administrator ("OSCA") shall develop an application process to determine if a county is eligible for reimbursement and OSCA shall disburse funds to eligible counties. If OSCA determines that a county is not eligible for reimbursement, the county in which the capital case originated shall be responsible for reimbursement. This provision is similar to SS#2/SCS/HB 1450, HB 1296, HCS/HB 1331, & HCS/HB 1898 (2020). SPECIAL VICTIMS (SECTION 565.002) This act modifies the definition of "special victims" to include any employee of a public school or charter school while in the performance of his or her job duties for the public school district or charter school. This provision is identical to HB 2236 (2020) and similar to a provision in HCS/SB 774 (2020). KATIE O'BRIEN HA #1: MODIFIES PROVISIONS REGARDING OFFENSES AGAINST A BODY OF THE GENERAL ASSEMBLY (SECTIONS 21.403, 21.405, AND 575.330) HA #2: REMOVES THE PROVISION REGARDING EVICTION IN VIOLATION OF STATUTE OR ORDINANCE (SECTION 441.231) HA #3: INSERTS A PROVISION REGARDING DISSOLUTION OF A LIMITED LIABILITY COMPANY BY DECREE OF THE CIRCUIT COURT (SECTION 347.143) HA #4: INSERTS PROVISIONS REGARDING FERAL HOGS (SECTIONS 270.170, 270.270, AND 270.400) HA #5: INSERTS A PROVISION REGARDING IMMUNITY FROM LIABILITY FOR INHERENT RISK OF CAMPING ON PRIVATE CAMPGROUNDS (SECTION 537.328) HA 1 to HA #6: MODIFIES THE PROVISION REGARDING THE CHANGE OF VENUE FOR CAPITAL CASES FUND TO REQUIRE REIMBURSEMENT FOR THE DIFFERENCE OF THE AMOUNT (SECTION 550.125) HA #6: INSERTS PROVISIONS MODIFYING COMMUNITY SERVICE REQUIREMENTS FOR DWI OFFENDERS (SECTIONS 577.010 AND 577.012) HA #7: INSERTS PROVISIONS REGARDING THE COURT CLERK COLLECTING COSTS FOR SERVICE OF COURT ORDERS BY SPECIALLY APPOINTED PERSONS (SECTIONS 57.280 AND 488.435) HA #8: INSERTS A PROVISION REGARDING THE SALE OF RAW MILK OR CREAM IN CERTAIN CIRCUMSTANCES (SECTIONS 196.931 AND 196.935) HA #9: MODIFIES THE PROVISION REGARDING SPECIAL VICTIMS TO INCLUDE A SPORTS OFFICIAL (SECTION 565.002) HA #10: MODIFIES THE PROVISION REGARDING ELECTRONIC FILING FOR MARRIAGE LICENSES TO REQUIRE AN IDENTITY VERIFICATION PROCESS (SECTION 451.040)