DEPARTMENT OF REVENUE RECORDS

(Section 32.056)

Currently, the department of revenue is prohibited from releasing the home address or any information contained in the motor vehicle or driver registration records of parole officers, federal pretrial officers, peace officers, and their immediate family members. This act also prohibits the department from releasing this information for certain federal and state court judges.

This section is similar to HB 1811 (2010).

JACKSON COUNTY JURIES

(Sections 50.567 and 494.455)

This act requires Jackson County to establish a Jury Service Expense Fund consisting of moneys collected in the basic funding for jury service calculated at the rate of six dollars per day. Jurors in Jackson County will not be compensated for their first day of jury service or receive any pay for mileage, but shall receive six dollars for their second day, and forty dollars for each subsequent day.

CORONER

(Section 58.370)

Currently, the coroner is required to inform an associate circuit court judge of the proper county or another judge when an inquest finds that a person died by a felony and the judge is then required to issue process for the apprehension of the person. This act requires the coroner to inform the prosecuting attorney of the proper county instead.

This section is similar to HB 1535 (2010).

ADOPTION RECORDS

(Sections 193.125, 193.135, 193.255, 453.121, 453.510, 453.515, and 453.520)

This act modifies provisions regarding birth certificates and adoption.

Effective for all adoptions completed after August 28, 2010, this act allows an adopted person who is eighteen and born in Missouri to obtain a copy of his or her original birth certificate from the State Registrar, unless the birth mother objects to the release of the birth certificate on a form provided by the juvenile court prior to the entry of the adoption decree.

Regardless of the date of the adoption, an adopted person who is eighteen, born in this state, and provides proof of identification may request that the department of social services make reasonable efforts to contact the birth mother to obtain her consent to release a copy of the original birth certificate. If the department of social services does not have sufficient information or resources to locate and make contact with the birth mother, the department may refer the adopted person to, or work in conjunction with a child placing agency or the juvenile court. The department, the child placing agency, or the juvenile court may charge actual costs to the adopted person for the cost of attempting to contact the birth mother. If she consents, the department is required to get a copy of the original birth certificate from the state registrar and provide it to the adopted person. If she does not consent, the original birth certificate will not be released. Three years after their last request, the adopted person may request that the department contact the birth mother again.

Upon the birth mother's death, an adopted person may obtain a copy of his or her original certificate of birth from the state registrar.

The state registrar and the department of social services are required to jointly promulgate rules to carry out this law.

JUVENILE COURT JURISDICTION

(Section 211.031)

Currently, juvenile courts do not have jurisdiction over a child who is fifteen and a half years old and who is alleged to have violated a non-felony state or municipal traffic ordinance or regulation. This act expands this exemption from the juvenile court system, so that the juvenile court does not have jurisdiction over a child who is fifteen years old and is alleged to have violated a non-felony state or municipal traffic ordinance or regulation.

This act is similar to HB 1421 (2010).

MECHANIC'S LIENS

(Section 429.016)

This act modifies the law relating to mechanic's liens against residential real property.

Those seeking to preserve the right to assert a mechanic's lien against residential real property, shall record a notice of rights in the office of the recorder of deeds for the county in which the property is located. Those failing to record notice shall waive their right to assert a claim. A notice filed after the owner's conveyance of the property to a bona fide purchaser for value shall not preserve the filer's rights to assert a claim. The act contains the form of notice to be used.

The recorder of deeds shall record the notice in the land records whereby the owners shall be designated "grantors" and claimants shall be designated "grantees". The grantee's signature shall not be required for recording.

Owners shall provide claimants with the name of the current record property owner and the deed of the property, including the legal description of the property. Owners failing to provide the information shall be liable for the claimant's actual and legal costs to obtain a legal description of the property necessary for the claimant to record its notice of rights.

A renewal of notice of rights may be filed to preserve lien rights. It shall be titled as such but otherwise contain the same information and be filed in the same manner as the original notice. Notices of rights and subsequent renewals shall expire 1 year after recording.

Currently, mechanic's lien claimants are required to file a just and true account of the demand due under section 429.080 when filing a lien. This act enumerates the items that shall be required to satisfy that requirement with respect to liens against residential real property.

Those wishing to have one's property released from a mechanic's lien may do so by depositing a sum, to act as substitute collateral for the lien, in an amount not less than 150% of the lien with the circuit clerk and record a certificate of deposit with the circuit clerk that includes a listing of the sum deposited, the name of the claimant; the number assigned to the lien; the amount being released; the legal description of the property; the name, address, and property interest of the person making the deposit; and a certification that the person has mailed a copy of the certificate of deposit to the claimant. Upon release of the property from the lien, by depositing the substitute collateral, the claimant's rights are transferred from the residential real property to the substitute collateral.

Requirements for valid, unconditional, final lien waivers for residential real property are enumerated and the form supplied. Such waivers are valid notwithstanding the claimant's failure to receive any promised payment or other consideration.

Claimants who have recorded a notice of rights and who have been paid in full for the work performed shall timely execute an unconditional, final mechanic's lien waiver.

This act is similar to HCS/HB 2058 (2010), SB 934 (2010), and SB 935 (2010)

CHILD SUPPORT

(Sections 452.340, 454.475, 454.517, 454.557, and 454.1003)

This act modifies provisions relating to child support.

Under this act, child support obligations may be terminated in the automated child support system when support is deemed terminated under state law. This act allows child support to be terminated if the state case registry indicates that the child is twenty-one years old and the support order does not require further payment. The act also allows for a hearing regarding a child's emancipation when it is disputed by the parties, rather than treating the dispute as a motion to modify the support obligation.

This act specifies that affidavits shall be filed with the court for judicial orders and with the family support division for administrative orders.

This act requires the family support division to advise the obligor of the procedures to contest a lien placed, by the family support division, on workers' compensation benefits on the grounds that such lien is a mistake of fact. The obligor shall request a hearing within 30 days of the mailing of the notice. The certified copy of the court order and the sworn or certified statement of arrearages shall constitute prima facie evidence that the division's order is valid and enforceable. If prima facie evidence is established, the obligor may only assert mistake of fact as a defense. The obligor shall have the burden of proof on such issues.

These sections are similar to SB 877 (2010) and HB 2374 (2010).

RELOCATION OF A CHILD

(Section 452.377)

This section adds language to the required notice that a person entitled to child custody must send when they intend to move with the child. The notice must inform the person with custody or visitation rights that if they object to the proposed relocation they are required to file a motion and affidavit with the court within the time prescribed by law.

COURT RECORDS

(Section 452.430)

Currently, any pleadings other than interlocutory or final judgments in divorce or legal separation cases filed prior to August 28, 2009, shall only be inspected by the parties, an attorney of record, upon order of the court, or in certain circumstances by the Family Support Division of DSS. The clerk is required to redact social security numbers from any judgment or pleading before releasing them to the public. This act modifies these requirements, so that they also apply to pleadings in modification proceedings filed prior to August 28, 2009 and so that the attorney general or his or her designee and licensed title insurers or their designees, will also be allowed to inspect the pleadings in these cases. Pleadings and filings in divorce, legal separation, or modification proceeding that are more than 72 years old may be made available to any person. Those people who are authorized to inspect the pleadings in these cases may also receive or make copies of documents without the clerk being required to redact the Social Security number, unless the court specifically orders the clerk to do otherwise. Also, the clerk will no longer be required to redact the Social Security number from pleadings from cases prior to August 28, 2009, but only from any copy of a judgment or satisfaction of judgment.

This section has an emergency clause.

This section is similar to SB 985 (2010), HB 1908 (2010), and HB 2046 (2010).

FULL ORDERS OF PROTECTION

(Section 455.007)

This act allows appeals of expired orders of protection, by requiring that the public interest exception to the mootness doctrine be applied to these appeals.

This section is similar to HB 1406 (2010).

MULES

(Sections 455.038 and 455.040)

This act requires a local law enforcement agency or other government agency to enter information regarding the service of ex parte orders of protection into the Missouri Uniform Law Enforcement system (MULES) within twenty-four hours after the ex parte order is served. The law enforcement agency responsible for maintaining MULES must also enter information regarding the expiration or termination of any order of protection within twenty-four hours of receiving information showing that the order has expired or terminated.

This act is similar to SB 893 (2010) and SCS/SB 468 (2009).

ORDERS OF PROTECTION FOR CHILDREN

(Section 455.501)

This section modifies the definition of "adult household member" and "child" for the purposes of obtaining an order of protection by changing the age of an adult household member from eighteen years old or older to seventeen years old or older and by changing the age of a child from eighteen years old to seventeen years old.

This section is similar to HB 1698 (2010).

SENIOR JUDGES OR COMMISSIONERS

(Section 476.682)

This act allows senior judges or senior commissioners to chose to receive only minimum wage, instead of their statutorily required salary, in times of budget stress.

STANDARDS FOR GUARDIANS AD LITEM

(Section 484.350)

This act eliminates the requirement that the statewide standards adopted for guardians ad litem be the September 17, 1996 supreme court standards.

ASSOCIATE CIRCUIT COURT

(Section 517.081)

This act makes it optional, rather than mandatory, that a case in the associate circuit court be certified for assignment by the presiding judge when a party files a petition, counterclaim, cross claim, or third-party petition that exceeds the jurisdiction of the associate circuit court or when consolidated cases would exceed the jurisdiction of the associate circuit court.

ACTIONS FOR PRIVATE NUISANCE

(Section 537.296)

Currently, if any party in a private nuisance case where the amount in controversy exceeds one million dollars requests the court or jury visit the property alleged to be affected by the nuisance, the court or jury is required to visit the property. This act rewords this requirement.

MISSOURI FALSE CLAIMS ACT

(Section 537.800, 537.802, 537.804, 537.806, 537.808, 537.810)

The act creates provisions regarding the filing of fraudulent claims for payment with the state, political subdivisions, school districts, charter schools, and municipal corporations. Under these provisions, anyone who files false claims with these governmental organizations, will in most cases be subject to civil penalties of at least $10,000, plus three times the amount of damages to the government. With some exceptions, including claims regarding Mo Health Net, a private person can file a lawsuit on behalf of the government. The attorney general has the authority to intervene and continue the lawsuit, or may allow the private person to continue with the lawsuit. The government may dismiss the action or settle the action, after a hearing before the court. The court may limit the participation of the private person in the lawsuit, if the government shows that it would interfere with their civil case, or may postpone discovery in the case, if it would interfere with a criminal prosecution or other government civil case.

The private person who brings the lawsuit will get a percentage of the money awarded in the lawsuit. If the private person who brought the lawsuit planned or initiated the violation of state law, their recovery is reduced. If the private person who brought the lawsuit is criminally convicted based on their role in the violation of state law, they cannot recover any money.

This act is similar to HB 1790 (2010) and SB 568 (2009).

WARRANTS TO SEARCH FOR THE BLOOD OF A PERSON INVOLVED IN AN ACCIDENT

(Section 542.286)

This act allows a warrant to search for the blood of a person involved in an accident to be executed in any part of the state, whether the person left the territorial jurisdiction of the court issuing the warrant before or after the warrant application is filed.

PROBATION REVOCATION PROCEEDINGS

(Section 559.036)

This act states that defendants are not entitled to an automatic change of judge in probation revocations proceedings since they are considered part of the original criminal case.

DEADLY FORCE

(Section 563.031)

Currently, a person may use deadly force against a person who unlawfully enters, remains after unlawfully entering, or attempts to unlawfully enter a dwelling, residence, or vehicle lawfully occupied by such person. Under this amendment, if a defendant asserts the use of this type of force, the burden shall then be on the state to prove beyond a reasonable doubt that the defendant did not reasonably believe that the use of such force was necessary to defend against what he or she reasonably believed was the use of imminent use of unlawful force.

This provision is similar to a provision of SCS/HB 1802 (2010).

DEATH PENALTY CASES

(Section 565.035)

This act requires that the supreme court's review of death penalty cases compare the death sentence imposed with similar death sentences to determine whether it is excessive or disproportionate, and not cases where life imprisonment was imposed.

UNLAWFUL USE OF A WEAPON

(Section 571.030)

This act exempts prosecuting attorneys, assistant prosecuting attorneys, circuit attorneys, and assistant circuit attorneys who have completed the firearms safety training course required to obtain a conceal carry endorsement, from certain otherwise unlawful uses of a weapon. Such acts include the general prohibition against carrying a concealed firearm without an endorsement, shooting into a dwelling, exhibiting a weapon in a threatening manner, discharging a firearm within 100 yards of a school, courthouse, or church, discharging a firearm along a highway, carrying a firearm into a church or election precinct, discharging a firearm at or from a vehicle at a person, and carrying a firearm into a school.

This exemption is identical to the exception for peace officers, jailers, members of the military, members of the judiciary, persons executing process, probation and parole officers, corporate security advisors, and coroners. Any of the otherwise unlawful uses of a weapon performed under these provisions must be reasonably associated with or necessary to fulfill the person's official duties in order to be exempted.

This provision is similar to SCS/SB 740 (2010) and HB 1308 (2010).

EMILY KALMER

SA #1 - THIS AMENDMENT SPECIFIES THAT AN ADOPTED PERSON MAY REQUEST THE DEPARTMENT OF SOCIAL SERVICES, THE CHILD PLACING AGENCY, OR JUVENILE COURT PERSONNEL TO CONTACT THE BIRTH MOTHER TO OBTAIN CONSENT TO RELEASE A COPY OF THE ORIGINAL BIRTH CERTIFICATE. IT ALSO SPECIFIES THAT THE DEPARTMENT, THE CHILD PLACING AGENCY, OR JUVENILE COURT PERSONNEL ARE REQUIRED TO OBTAIN A COPY OF THE ORIGINAL BIRTH CERTIFICATE OF AN ADOPTED PERSON AND PROVIDE IT TO THE PERSON, IF THE BIRTH MOTHER CONSENTS.

SA #2 - THIS AMENDMENT MODIFIES THE PROCESS FOR APPEALING A DECISION OF THE DEPARTMENT OF PUBLIC SAFETY REGARDING A CRIME VICTIMS' COMPENSATION FUND CLAIM.

CURRENTLY, AN AGGRIEVED PERSON FILES A PETITION WITH THE DIVISION OF WORKERS' COMPENSATION TO HAVE A DECISION HEARD DE NOVO BY AN ADMINISTRATIVE LAW JUDGE. ANY PARTY AGGRIEVED BY THE DECISION OF THE ADMINISTRATIVE LAW JUDGE MAY FILE A PETITION WITH THE LABOR AND INDUSTRIAL RELATIONS COMMISSION TO APPEAL SUCH DECISION. FINALLY, ANY PARTY AGGRIEVED BY THE COMMISSION'S DECISION MAY APPEAL TO THE COURT OF APPEALS.

UNDER THIS AMENDMENT, AN AGGRIEVED PERSON MAY FILE A PETITION WITH THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY TO HAVE THE ORIGINAL DECISION OF THE DEPARTMENT STAFF HEARD DE NOVO. ANY PARTY AGGRIEVED BY THE DECISION OF THE DIRECTOR MAY FILE A PETITION WITH THE ADMINISTRATIVE HEARING COMMISSION. THE DECISION OF THE ADMINISTRATIVE HEARING COMMISSION CAN THEN BE APPEALED TO CIRCUIT COURT.

THIS AMENDMENT IS SIMILAR TO SB 787 (2010).

SA #3 - THIS AMENDMENT REQUIRES THE CHILDREN'S DIVISION AND THE DEPARTMENT OF HEALTH AND SENIOR SERVICES TO WAIVE THE FINGERPRINT BACKGROUND CHECK DURING THE LICENSING INVESTIGATION OF A FOSTER PARENT, WHEN THE PARENT HAS PREVIOUSLY PROVIDED FINGERPRINTS FOR AN INVESTIGATION.

SA #5 - THIS AMENDMENT MAKES IT A CRIME FOR A CHILD-CARE PROVIDER WHO IS EXEMPT FROM LICENSING, BECAUSE THE PROVIDER CARES FOR FOUR OR FEWER CHILDREN WHO ARE NOT RELATED TO THE PROVIDER, TO PROVIDE CHILD CARE SERVICES FOR COMPENSATION WHILE THERE ARE PENDING CRIMINAL CHARGES AGAINST THE PROVIDER RELATING TO A CRIME AGAINST A CHILD. A FIRST OFFENSE IS A CLASS B MISDEMEANOR. A SECOND OFFENSE IS A CLASS A MISDEMEANOR.

SA #7 - THIS AMENDMENT REPEALS A PROVISION OF LAW WHICH CURRENTLY REQUIRES MODOT TO SUBMIT TO BINDING ARBITRATION UPON THE REQUEST OF A PLAINTIFF IN A NEGLIGENCE ACTION (SECTION 226.095).

SA #9 - THIS AMENDMENT REQUIRES SURVEYORS WHO ESTABLISH, RESTORE, OR REESTABLISH CORNERS TO FILE THE RESULTS WITH THE RECORDER OF DEEDS REGARDLESS OF WHETHER IT CREATES A NEW PARCEL OF LAND.

THIS AMENDMENT IS SIMILAR TO HB 2029 (2010) AND A PROVISION OF HCS/SS/SCS/SB 580 (2010).

SA #10 - THIS AMENDMENT TERMINATES MAINTENANCE OBLIGATIONS WHEN A FORMER SPOUSE RECEIVING MAINTENANCE IS COHABITING WITH ANOTHER PERSON IN A CONTINUING, CONJUGAL RELATIONSHIP.

SA #11 - CURRENTLY, ARCHITECTS, ENGINEERS, LANDSCAPE ARCHITECTS, LAND SURVEYORS, AND CORPORATIONS REGISTERED TO DO THE WORK OF THESE PROFESSIONS WHO PERFORM WORK ON BUILDINGS OR LAND HAVE A LIEN ON THE BUILDING OR LAND TO THE EXTENT OF ONE ACRE. THIS AMENDMENT INCREASES THE LIEN TO ENCOMPASS THREE ACRES. THIS AMENDMENT IS SIMILAR TO A PROVISION OF SB 867 (2010).