SECRETARY OF STATE

(Sections 28.160, 41.950, 347.179, 347.183, 351.047, 351.120, 351.122, 351.125, 351.145, 351.155, 351.484, 351.592, 351.594, 351.598, 351.602, 351.690, 355.016, 355.021, 355.066, 355.071, 355.176, 355.688, 355.706, 355.796, 355.806, 355.811, 355.821, 355.856, 355.857, 356.211, 359.681)

The Secretary of State is given the rulemaking authority to establish fees for special handling in connection with filing documents, issuing certificates, and other services performed by the office, including expedited filing. These fees shall approximate the estimated cost of special handling, not to exceed $300 per document. Special handling cannot disrupt or delay the process of normal handling of documents. (Section 28.160)

The Secretary of State is required to charge a $45 fee for limited liability companies that file their original articles of organization online, rather than the $100 fee otherwise required for filing original articles of organization. (Section 347.179)

The Secretary of State is given the power to administratively cancel articles of organization of a limited liability company(LLC) or a certificate of limited partnership (LP) when the time frame listed for the duration of the LLC or LP expires, the secretary sends notice, and the LLC or LP does not file an amendment.

The Secretary of State is allowed to administratively reinstate the LLC or LP's status. This reinstatement will relate back to the date of the administrative cancellation.

The secretary's power to administratively reinstate cancelled articles or organization for a LLC or a cancelled certificate of limited partnership for a LP will apply to any LLC or LP whose articles of organization or certificate was cancelled because the time frame listed for the duration of the LLC or LP expired after August 28, 2003. (Sections 347.183, 359.681)

Effective January 1, 2010, corporations have the option to change the month in which they file their corporate registration report. (Section 351.120).

Effective January 1, 2010, corporations also have the option of filing corporate registration reports every two years, instead of annually. (Section 351.122, 355.857).

If the corporate registration report is not filed within 90 days of its due date, the secretary of state may proceed with administrative dissolution of the corporation. (Section 351.125, 351.484, 355.706).

References to annual reports filed with the Secretary of State are changed to reflect the fact that these reports may not be required to be filed annually. (Section 41.950, 351.047, 351.145, 351.155, 351.592, 351.594, 351.598, 351.602, 351.690, 355.016, 355.021, 355.066, 355.071, 355.176, 355.688, 355.796, 355.806, 355.811, 355.821, 355.856, 356.211)

Portions of these sections are similar to HB 219 (2009), HB 292 (2009), and HCS/SB 262.

COUNTY MUNICIPAL COURTS

(Section 66.010)

This section modifies the residency requirement for judges of the county municipal court in charter counties to allow individuals who are not residents of the county, but engage in the practice of law in the county, to serve as judges for these courts.

VOLUNTARY ACKNOWLEDGMENT OF PATERNITY

(Section 193.087, 193.215, 454.445)

These sections specify that a voluntary acknowledgment of paternity is not a public record. Upon payment of a fee established by the department of health and senior services, a copy shall be provided by the state registrar to the child's mother, the father listed on the birth record, and an attorney representing the mother or the alleged father. The department of health and senior services is given rulemaking authority to establish a fee for making a copy of an affidavit acknowledging paternity.

This section is similar to portions of HCS/SB 262 (2009).

FAMILY ACCESS ORDER

(Section 452.400)

This section specifies that a family access order may be filed for any order relating to the establishment or modification of custody or visitation of a minor child, including any divorce order, modification order, third-party custody or visitation order, or paternity order.

This section is identical to a portion of HCS/SB 262 (2009).

COURT APPOINTED SPECIAL ADVOCATES

(Sections 452.423 and 455.050)

This section removes a provision allowing the court to appoint volunteer advocates to assist the guardian ad litem in performing their duties for the court in proceedings for child custody, dissolution of marriage, or legal separation, where custody, visitation, or support of a child is a contested issue.

The court's authority to appoint court-appointed special advocates in cases where there is evidence that both parents have engaged in abusive behavior and whenever the custodial parent alleges that visitation with the noncustodial parent will damage the minor child is removed.

INTERNATIONAL CHILD ABDUCTION

(Section 452.426)

This section provides that if a judge determines there is a potential risk of international abduction of the child by either party in a proceeding, the judge may place any restraints on the parties or grant any remedies to either party that is necessary.

This section is identical to a portion of HCS/SB 262(2009).

UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT

(Sections 452.700, 452.705, 452.710, 452.715, 452.720, 452.725, 452.730, 452.735, 452.740, 452.745, 452.747, 452.750, 452.755, 452.760, 452.762, 452.765, 452.770, 452.775, 452.780, 452.782, 452.785, 452.795, 452.800, 452.805, 452.810, 452.815, 452.820, 452.825, 452.830, 452.835, 452.840, 452.845, 452.850, 452.855, 452.865, 452.870, 452.875, 452.880, 452.885, 452.890, 452.900, 452.905, 452.910, 452.915, 452.920, 452.930)

These sections establish the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) to replace the current Uniform Child Custody Jurisdiction Act. These sections limit child custody jurisdiction to one state, avoids competing orders, and provide enforcement provisions for child custody orders. This act establishes orders of priority and guidance on issues regarding establishing initial custody determinations, continuing jurisdiction, modification of custody determination, and emergency orders.

The UCCJEA establishes an order of priority for determining which state has proper jurisdiction to make an initial determination of child custody. The order of priority includes a determination of (1) the child's home state, (2) the state in which the child and at least one parent have a significant connection and substantial evidence concerning the custody determination is available or(3) the state having an appropriate connection with the child.

The child's home state is defined as the state where the child has lived with a parent for six consecutive months prior to the commencement of the proceeding, or since birth, for children younger than six months.

Once a state court has made a custody determination, the state keeps exclusive and continuing jurisdiction over all matters concerning the child until circumstances have changed regarding home state status, or there is no longer a significant connection to the state or evidence concerning the child's custody is no longer available in that state. The circumstances are specified in the act.

Also, once a custody determination has been made, a court of another state does not have authority to modify the determination unless the state with jurisdiction determines that it does not have jurisdiction or any state court determines that the child, parents, or any acting parents do not reside in the state which currently has jurisdiction.

A state which does not otherwise have jurisdiction may enter a temporary emergency order if the child is in danger and needs immediate protection. After issuing the order, the state court should determine if there is an existing custody order from another state in effect. If there is an existing order, the emergency court must allow a reasonable time period for the parties to return to the state having jurisdiction and argue the issues to the court with jurisdiction.

If there is no previous child custody order in existence, the emergency court's order will remain in effect until a determination is made in a court having home state jurisdiction over the child. If no determination is made and the emergency court's state becomes the home state of the child, the emergency order becomes a final determination of custody.

These provisions are similar to SB 347 (2009), HCS/SB 262 (2009), HB 1358 (2008), SB 495 (2007) and HB 470 (2007).

ADULT ABUSE

(Section 455.010)

This section modifies the definition of "adult" for the purposes of adult abuse statutes by changing the age of an adult from eighteen years old to seventeen years old.

This section is similar to portions of HCS/SCS/SB 468 (2009), HCS/SB 262 (2009), and HB 325 (2009).

STATEWIDE COURT AUTOMATION FEE

(Section 476.055)

Current law provides that the collection of the statewide court automation fee expires on September 1, 2009. This section extends the expiration date and allows the courts to continue to collect the statewide court automation fund fee until September 1, 2013.

This section is identical to SCS/SB 265 (2009) and HCS/SB 262 (2009).

DRUG COURT COMMISSIONERS

(Sections 478.003, 487.020)

These sections allow a majority of the circuit court and associate circuit judges in a circuit to appoint a drug court commissioner to also serve as a family court commissioner. The drug court commissioner would receive no additional compensation and would be required to have the same qualifications as other family court commissioners.

These sections are identical to SB 322 (2009), HB 546 (2009), and similar to HCS/SB 262 (2009).

COURT COSTS IN CRIMINAL AND MUNICIPAL CASES

(Sections 479.260, 488.5032)

These sections allow a circuit judge to assess court costs against a defendant in a criminal or municipal case when the case is dismissed before the defendant pleads guilty or is found guilty, if the defendant consents to pay the costs, unless the defendant is unable to pay the costs.

These sections are identical to HB 830 (2009) and portions of HB 62 (2009), HB 384 (2009), HCS/SB 262 (2009).

UNCERTIFIED COURT REPORTERS

(Section 485.077)

Current law allows individuals to use depositions prepared by uncertified court reporters in court if the parties and the court reporter comply with specific requirements. This section removes the authorization for the use of these depositions.

NOTICE OF DEFAULT JUDGMENT IN ACTIONS FOR EVICTION

(Section 535.030)

This section modifies the current requirement that the clerk of court send notice to a person who has had a default judgment entered against them in an eviction action by certified mail with a return receipt requested. This section requires the clerk to send the notice by ordinary mail.

This section is identical to a portion of HCS/SB 262 (2009).

LANDLORD ACTIONS TO RECOVER POSSESSION

(Section 535.120)

This section allows a landlord to file an action to recover possession from a tenant if the tenant is one month behind in rent, rather than a half year behind in rent as provided by current law.

This section is identical to a portion of HB 181 (2009) and HCS/SB 262 (2009).

CRIME VICTIM INFORMATION

(Section 566.226)

Currently, any identifying information in a court record that could be used to identify the victim of sexual assault, domestic assault, stalking, or rape shall be closed and redacted prior to public disclosure. This act gives the judge presiding in such cases discretion to publicly disclose information regarding the defendant, which could be used to identify the victim. The victim may provide the court with a statement regarding whether he or she wishes such information to remain closed. The judge shall consider the welfare and safety of the victim and the victim's statement when deciding to disclose the information.

This section is identical to SCS/HB 177 (2009).

DIVISION OF DEVELOPMENTAL DISABILITIES CONTRACTS

(Section 630.407)

This section allows the Division of Developmental Disabilities to contract directly with providers of targeted case management services for clients of the division with developmental disabilities in a defined region.

This section is identical to HB 953 (2009), SB 460 (2009), and HCS/SB 262 (2009).

CHILD SUPPORT MODIFICATION

(Sections 1 and 2)

These sections provide that the state shall not be required to represent any party in a child support modification proceeding if the party's income equals or exceeds three hundred percent of the federal poverty level and that if the state is a party to the modification proceeding that the court may, upon motion, award court costs and reasonable attorneys fees to the state.

EMILY KALMER