SCS/SB 1468 - This act modifies provisions relating to civil jurisprudence, including nuisance actions, income and principal of endowed care trust funds, spousal maintenance, child custody, no-contest clauses in trust instruments, the Missouri Uniform Fiduciary Income and Principal Act, court filing surcharges in civil cases, property exempt from attachment and execution in bankruptcy, awards of attorney's fees in agency proceedings, and the Uniform Public Expression Protection Act. NUISANCE ACTIONS (SECTION 82.1025) This act applies certain provisions of current law regarding nuisance actions to the City of Independence. Furthermore, this act provides that, in addition to any other penalties or costs associated with the abatement of a nuisance, any person or entity that is not a resident of this state and who is an owner of property found to have a code or ordinance violation shall be subject to a civil fine of $2,000 per violation. Any property found to have a code or ordinance violation and that is structurally unsafe or poses a threat to persons or other property shall have such nuisance abated within one year of the code or ordinance violation. Any such property that is not abated within one year, and any property with unpaid civil fines within two years of the imposition of the fine shall be subject to sale by the taxing jurisdiction in which the property is located. The property shall be sold in an amount that will satisfy the costs incurred for abating the property as well as any outstanding civil fines. Such sale shall coincide with the sale of delinquent properties as provided in current law. This provision is identical to SCS/SB 943 (2026) and a provision in the perfected SS/SCS/SB 1001 (2026). ENDOWED CARE TRUST FUND (SECTION 214.330) This act provides that the income and principal of an endowed care trust fund shall be determined under the laws applicable to trusts, except the trustee shall not have: • The power of adjustment; • The power of conversion of an income trust to a unitrust or from a unitrust to an income trust; • the power of discretion to determine or modify the unitrust rate, as established in the terms of the endowed care trust agreement; and • Discretion to determine the applicable value for computing the unitrust amount beyond that which is granted under the law and exercised solely for reasons of administrative convenience and not to affect the distribution size. Additionally, no principal shall be distributed from an endowed care trust fund, except to the extent that a unitrust amount is required by the terms of the endowed care trust fund agreement. Income for a unitrust shall be established by the cemetery operator in the terms of an endowed care trust fund agreement and shall not provide for a unitrust rate in excess of five percent per annum. The unitrust rate may only be changed by amendment to the agreement. Furthermore, this act provides that the cemetery operator may instruct the trustee to distribute less than all of the yearly income distributable if the cemetery operator determines that the money is not needed. This provision is identical to a provision in HCS/SS/SB 221 (2025), in HB 608 (2025), in HCS#2/SS/SCS/SB 835 (2024), HCS/HB 1725 (2024), in HB 1987 (2024), and in HCS/HB 968 (2023). SPOUSAL MAINTENANCE ORDERS (SECTION 452.335) Under this act, spousal maintenance shall terminated upon the payor reaching full retirement age, as defined in the act, unless otherwise agreed to by both parties. The payor shall provide the payee reasonable notice in advance of retirement and six months notice shall be presumed to be reasonable. This provision is identical to SB 1250 (2026) and is substantially similar to HB 2084 (2026). CHILD CUSTODY (SECTIONS 452.375 TO 452.423) Currently, courts shall consider eight factors when determining child custody. This act adds to that list considerations of the child's need for stability, continuity of care, and a consistent routine, as well as the capacity of each parent to provide a safe, stable, and developmentally appropriate environment. This act permits a party to request the court to issue a temporary custody or visitation order during the pendency of a motion to modify any judgment pertaining to child custody or visitation. Such orders shall remain in effect until the disposition of the motion to modify or further order of the court. The order may be granted with notice to opposing parties and after a hearing, although notice may be waived in emergency situations, as described in the act; provided that orders issued where notice is waived shall be limited to 15 days in duration or until further court orders are issued and written notice shall be given to opposing parties. Dismissal of the underlying motion to modify shall automatically vacate any temporary order issued under this act. No temporary order issued under this act shall deny parenting time to a parent or any other party granted custody or visitation, unless the court finds that parenting time is likely to cause physical or emotional harm to the child. If temporary parenting time is ordered, the court may order or otherwise modify existing child support orders if requested by any party. Additionally, if parties to a custody or visitation order agree to a modification of such order, they may submit a motion and a proposed parenting plan to the court, signed by all parties having custody or visitation rights. There shall be no requirement for a statement of changed circumstances for such motion. If the court determines that the proposed parenting plan is in the child's best interests, then the court shall enter an order granting custody or visitation as soon as possible. In the case of a child with disabilities or special needs, a change in circumstances that may provide grounds for a modification of a custody order shall include one parent's neglect or harm of the best interests of the child. Finally, this act modifies provisions of law relating to the appointment of a guardian ad litem in child custody cases. A guardian ad litem shall review relevant medical, educational, and therapeutic records and consult treating professionals when appropriate, assess special medical or developmental needs, and evaluate household stability and continuity of care for the child when investigating a case. The guardian ad litem shall submit a written report to the judge, as described in the act. Guardians ad litem appointed in child custody matters shall have received certain training specified in the act. These provisions are substantially similar to SCS/SB 1531 (2026). NO-CONTEST CLAUSES IN TRUST INSTRUMENTS (SECTION 456.4-420) This act modifies provisions relating to no-contest clauses contained in trust instruments. Currently, when a no-contest clause is irrevocable, an interested person may file a petition for an interlocutory determination whether a particular motion, petition, or other claim for relief would trigger application of the no-contest clause or an enforceable forfeiture. This act instead provides that an interested person may file a petition for a determination whether a particular claim would trigger application of the no-contest clause when a no-contest clause is irrevocable. Additionally, this act provides that the petition shall be filed as a separate judicial proceeding. Furthermore, an order or judgment on a petition shall relate to all actions taken by all parties. An interested person that does not seek a determination is not prohibited from challenging the validity or application of a no-contest clause in a proceeding without the protections afforded by this act. In addition to exceptions provided in current law, this act provides that a no-contest clause is not enforceable in the following circumstances: • In the filing of petitions in accordance with this act; • In the participation in a suit by any interested person where the person has not asserted any affirmative claim for relief; • As to the interested persons who are a party to an action, to the extent the court determines that the application of the no-contest clause is void or unenforceable as against public policy; • When a no-contest clause does not include the factual allegations of the petition as they apply to the specific terms of the trust; • When a no-contest clause seeks to cause a forfeiture against a beneficiary challenging a term of a trust that would otherwise be prohibited under current law. MISSOURI UNIFORM FIDUCIARY INCOME AND PRINCIPAL ACT (SECTIONS 469.399 TO 469.487 & THE REPEAL OF SECTIONS 469.409, 469.411 & 469.461) This act establishes the "Missouri Uniform Fiduciary Income and Principal Act" which applies to trusts and estates where Missouri is the principal place of administration and to property in Missouri that is subject to a life estate or other term interest and in which the interest of one or more persons will be succeeded by the interest of another. This act provides requirements for fiduciaries when making an allocation or determination or exercising discretion pursuant to this act, including acting in good faith and administering the trust or estate impartially and in accordance with the terms of the trust and this act. Specifically, the fiduciary shall add a receipt and charge disbursement to principal. Additionally, the fiduciary may exercise the power to adjust, convert an income trust to a unitrust, change the percentage or method used to calculate a unitrust amount, or convert a unitrust to an income trust, if the fiduciary determines that such actions will assist the fiduciary to administer the trust or estate impartially. The court shall not order a fiduciary to change a decision unless there was an abuse of discretion, upon which the court may order a remedy to place the beneficiaries in the positions as if there was not an abuse of discretion. A fiduciary may petition the court for instruction on whether a proposed fiduciary decision will result in an abuse of discretion. If the petition meets the requirements of this act, the beneficiaries have the burden to establish that a fiduciary decision will result in an abuse of discretion. Additionally, this act modifies provisions relating to fiduciary determinations of net income upon the death of an individual resulting in the creation of an estate or trust or in the termination of an income interest in a trust, relating to rights of beneficiaries to receive a share of net income, relating to dates on which income interests begin, assets become subject to a trust, and fiduciary allocation of an income receipt or disbursement to principal, and relating to mandatory income interests and undistributed income. As provided by this act, a fiduciary shall allocate as income any money received in an entity distribution, as defined in the act, and any tangible personal property of nominal value received from the entity. A fiduciary shall also allocate as principal certain moneys and other property received in an entity distribution. The act further provides factors for a fiduciary to determine or estimate that money received in an entity distribution is a capital distribution. The fiduciary, instead of the trustee, shall also allocate to income amounts received as a distribution of income, including a unitrust distribution, from a trust or estate in which the fiduciary, instead of the trust, has an interest, other than an interest the fiduciary purchased in a trust that is an investment entity, and shall allocate to principal amounts received as a distribution of principal from the trust or estate. Furthermore, this act makes changes to the provisions relating to businesses or other activity conducted by a fiduciary if the fiduciary determines that it is in the interests of the beneficiaries to account separately. Additionally, this act modifies provisions relating to allocations to principal by the fiduciary instead of the trustee, allocations of rental property income, allocations of amounts received as interest or from the sale, redemption, or other disposition on an obligation to pay money, and allocations of proceeds of a life insurance policy or other contract received by the fiduciary as beneficiary. If a fiduciary, instead of a trustee, determines that an allocation between income and principal is insubstantial, the fiduciary may allocate the entire amount to principal. The act further modifies the factors for a fiduciary to presume an allocation is insubstantial. Such power may be exercised by a co-fiduciary or may be released or delegated as provided by law. This act repeals provisions relating to the income allocation of payments characterized as distributions to the trustee and instead provides rules for separate funds, as defined in the act, and requirements of fiduciaries of marital trusts. Furthermore, this act modifies provisions relating to liquidating assets and the failure of a fiduciary to account for receipts from the interests in minerals, water, or other natural resources, from the sale of timber and related products, or for transactions in derivatives. This act also contains modifications to the provisions relating to marital deductions, including qualifications for such deductions, and allocations of receipts related to an asset-backed security to income. Specifically, a fiduciary shall allocate receipts related to a financial instrument or arrangement not addressed by this act. This act modifies provisions relating to required income and principal disbursements by fiduciaries, rather than trustees, and transfers to principal of net cash receipts from a principal asset that is subject to depreciation. A fiduciary may transfer an appropriate amount from principal to income in an accounting period to reimburse income if the fiduciary makes or expects to make an income disbursement, as described in the act. The provision regarding transfer of an amount from income in an accounting period to reimburse principal or to provide a reserve for future principal disbursements is also modified. Additionally, this act repeals the existing provision relating to adjustments between principal and income and provides that a fiduciary may make an adjustment between income and principal to offset the shifting of economic interests or tax benefits between current income beneficiaries and successor beneficiaries that arises from: (1) An election or decision the fiduciary makes regarding a tax matter, other than a decision to claim an income tax deduction; (2) An income tax or other tax imposed on the fiduciary or a beneficiary as a result of a transaction involving the fiduciary or a distribution by the fiduciary; or (3) Ownership by the fiduciary of an interest in an entity, a part of whose taxable income, whether or not distributed, is includable in the taxable income of the fiduciary or a beneficiary. A fiduciary may offset a charge to each beneficiary that benefits from a decrease in an income tax to reimburse the principal from which the increase in estate tax is paid by obtaining payment from the beneficiary, withholding an amount from future distributions to the beneficiary, or adopting another method. This act modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, except for certain provisions relating to consumer disclosures, and does not authorize electronic delivery of certain notices. Additionally, this act repeals existing provisions relating to unitrust amounts and establishes new provisions relating to unitrusts, which is defined as a trust for which net income is an amount computed by multiplying a determined value of a trust by a determined percentage. The conversion of an income trust to a unitrust and for the determination of the rate used to compute the unitrust amount is provided in this act. Furthermore, this act provides for certain requirements for a unitrust policy. Specifically, the policy: (1) Shall provide the unitrust rate or method for determining such rate, the method for determining the applicable value of assets, and rules for the unitrust administration; (2) Shall provide the period used for the determination of the rate and value; (3) May provide standards for using fewer preceding periods if certain circumstances exist and prorating the unitrust amount on a daily basis for a part of a period in which the trust or the administration of the trust as a unitrust or the interest of any beneficiary commences or terminates; and (4) May provide methods and standards for determining the timing of distributions, making distributions in cash or in kind, or correcting an underpayment or overpayment to a beneficiary based on the unitrust amount if there is an error in calculating the unitrust amount, or may provide other standards and rules to serve the interest of the beneficiaries. This act also provides that if a trust qualifies for a special tax benefit or if a fiduciary is not an independent person, the unitrust rate shall not be less than three percent and no more than five percent and that only certain provisions of this act apply. Finally, certain provisions relating to the statute of limitations on claims of a breach of trustee's duty to impartially administer a trust are repealed. The provisions of this act apply to trusts and estates existing or created on or after August 28, 2026, except if expressly provided in the terms of the trust or by this act. This act is substantially similar to provisions in HCS/HB 83 (2025), in SCS/HCS/HB 176 (2025), in HCS/SS/SB 221 (2025), in SB 246 (2025), in HB 608 (2025), in SCS/SB 1007 (2024), and in SCS/HCS/HB 2064 & HCS#2/HB 1886 (2024) and is similar to provisions in HCS#2/SS/SCS/SB 835 (2024), HB 1725 (2024), HB 1987 (2024), HCS/HB 968 (2023), and HB 2839 (2022). LAW LIBRARY CIVIL FILING FEE (SECTION 488.426) Currently, any circuit court may collect a civil case filing surcharge of an amount not to exceed $15 for the maintenance of a law library, the county's or circuit's family services and justice fund, or courtroom renovation and technology enhancement. If the circuit court reimburses the state for salaries of family court commissioners or is the circuit court in Jackson County, the surcharge may be up to $20. This act provides that the circuit court in the City of St. Louis may charge a filing surcharge up to $20. This act is identical to SB 945 (2026), a provision in SS#2/SCS/SB 1023 (2026), SB 18 (2025), HCS/HB 83 (2025), in SCS/HCS/HB 176 (2025), in SB 352 (2025), in SCS/HCS/HB 615 (2025), SB 800 (2025), in HB 1512 (2024), and in SCS/HCS/HB 2064 & HCS#2/HB 1886 (2024), and is substantially similar to a provision in SCS/SB 897 (2024), SB 1023 (2024), CCS/HCS/SS/SCS/SB 72 (2023), SB 252 (2023), HB 787 (2023), in HCS/HB 986 (2023), in the perfected HCS/HBs 994, 52 & 984 (2023), SB 1209 (2022), HB 1963 (2022), HB 143 (2021), HB 1554 (2020), HB 1224 (2019), in the perfected HCS/HB 1083 (2019), HB 1891 (2018), SB 288 (2017), HB 391 (2017), and SB 812 (2016). PROPERTY EXEMPT FROM ATTACHMENT AND EXECUTION (SECTION 513.430) Current law provides bankruptcy exemptions for a person's right to receive any money or assets, payable to a participant or beneficiary from, or any interest of any participant or beneficiary in, a retirement plan, profit-sharing plan, health savings plan, or similar plan, including an inherited account or plan, that is qualified under certain provisions of the Internal Revenue Code. This act provides that any plan or arrangement shall not be exempt from the claim of an assignee pursuant to a final judgment of dissolution of marriage or legal separation, in addition to the claim of an alternate payee under a qualified domestic relations order. The interest of alternate payees under a qualified domestic relations order or assignees pursuant to a final judgment of dissolution of marriage or legal separation shall be exempt as of the time the interest is awarded or received, and continues to be exempt thereafter. ATTORNEY'S FEES IN AGENCY PROCEEDINGS (SECTION 536.085) This act repeals the exclusion of attorney's fees in excess of $75 per hour unless certain determinations are made by the court from the definition of the term "reasonable fees and expenses" for the purposes of awards to the prevailing party in an agency proceeding or a civil action arising from an agency proceeding. This act is identical to a provision in HCS/HB 179 (2025) and SB 290 (2025). UNIFORM PUBLIC EXPRESSION PROTECTION ACT (SECTION 537.529 & THE REPEAL OF SECTION 537.528) This act establishes the "Uniform Public Expression Protection Act". Currently, any action against a person for conduct or speech undertaken or made in connection with a public hearing or meeting in a quasi-judicial proceeding before a tribunal or decision-making body of the state or a political subdivision thereof is subject to a special motion to dismiss, a motion for judgment on the pleadings, or motion for summary judgment and any such motion shall be considered by the court on a priority or expedited basis. This act repeals this provision and creates procedures for dismissal of causes of action asserted in a civil action based on a person's: (1) Communication in a legislative, executive, judicial, administrative, or other governmental proceeding; (2) Communication on an issue under consideration or review in a legislative, executive, judicial, administrative, or other governmental proceeding; or (3) Exercise of the right of freedom of speech or of the press, the right to assemble or petition, or the right of association, guaranteed by the United States Constitution or the Missouri Constitution, on a matter of public concern. However, this act shall not apply to a cause of action asserted: (1) Against a governmental unit, as described in the act, or an employee or agent of a governmental unit acting in an official capacity; (2) By a governmental unit or an employee or agent of a governmental unit acting in an official capacity to enforce a law to protect against an imminent threat to public health or safety; or (3) Against a person primarily engaged in the business of selling or leasing goods or services if the cause of action arises out of a communication related to the sale or lease of such goods or services. No later than 60 days after a party is served with a complaint, cross-claim, counterclaim, third-party claim, or other pleading that asserts a cause of action covered by this act, or at a later time upon a showing of good cause, a party may file a special motion to dismiss. The court shall hear and rule on such motion no later than 60 days after the filing of the motion, unless the court orders a later hearing to allow for limited discovery or upon good cause. However, this act provides that the court shall hear and rule on the motion for dismissal no later than 60 days after the order allowing for discovery. This act provides that all other proceedings between the moving party and the responding party in the action, including discovery and any pending hearings or motions, shall be stayed upon the filing of the special motion to dismiss. Additionally, this act provides that the court may stay, upon motion by the moving party, a hearing or motion involving another party or discovery by another party if a ruling on such hearing or motion or discovery relates to a legal or factual issue. Any stay pursuant to this act shall remain in effect until the entry of an order ruling on the special motion to dismiss and the expiration of the time to appeal the order. A moving party may appeal an order denying the special motion to dismiss in whole or in part within 21 days of such order. If a party appeals an order ruling on a special motion to dismiss, this act provides that all proceedings between all parties shall be stayed until the conclusion of the appeal. The court may allow discovery if a party shows that specific information is necessary to establish whether a party has satisfied or failed to satisfy the requirements of this act and such information is not reasonably available without discovery. Additionally, a motion for costs and expenses, voluntary dismissal, or a motion to sever shall not be stayed. During a stay, the court upon good cause may hear and rule on any motions unrelated to the special motion to dismiss and any motions seeking a special or preliminary injunction to protect against an imminent threat to public health or safety. In ruling on a special motion to dismiss, this act provides that the court shall consider the parties' pleadings, the motion, any replies and responses to the motion, and any evidence that could be considered in a ruling on a motion for summary judgment. The court shall dismiss the cause of action with prejudice if: (1) The moving party has established that the cause of action is covered by this act; (2) The responding party has failed to establish that this act does not apply to the cause of action; and (3) Either the responding party failed to establish a prima facie case as to each essential element of the cause of action, or the moving party has established that the responding party failed to state a cause of action upon which relief can be granted or that there is no genuine issue as to any material fact and that the party is entitled to judgment as a matter of law. A voluntary dismissal without prejudice of a cause of action that is subject to a special motion to dismiss pursuant to this act shall not affect the moving party's right to obtain a ruling on the motion and seek costs, reasonable attorneys' fees, and reasonable litigation expenses. Additionally, if the moving party prevails on the motion, this act provides that such costs, fees, and expenses shall be awarded to the moving party. A voluntary dismissal with prejudice of a cause of action that is subject to a special motion to dismiss establishes that the moving party prevailed on the motion. The responding party shall be entitled to such costs, fees, and expenses if the responding party prevails on the motion and the court finds that the motion was frivolous or filed solely with the intent to delay the proceeding. Finally, this act applies to causes of action filed or asserted on or after August 28, 2026. This act is identical to SB 1067 (2026), SB 503 (2025), provisions in SCS/HCS/HB 615 (2025), in SCS/HCS/HB 1259 (2025), and SB 1293 (2024) and is substantially similar to provisions in HCS/HB 83 (2025), in SCS/HCS/HB 176 (2025), in SB 352 (2025), HB 1092 (2025), in SCS/SB 897 (2024), HB 1785 (2024), in SCS/HCS/HB 2064 & HCS#2/HB 1886 (2024), in CCS/HCS/SS/SCS/SB 72 (2023), SB 432 (2023), HB 750 (2023), SB 1219 (2022), in HCS/SS#2/SCS/SB 968 (2022), HB 2624 (2022), and HB 1151 (2021). KATIE O'BRIEN