Missouri Senate

Perfected

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).

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).

MUNICIPAL COURT JUDGES

(Section 66.010)

This act allows part-time municipal court judges to be the judge or prosecutor for another court.

This act also allows a county municipal court judge to appoint an acting county municipal court judge to take his or her place whenever the county municipal court judge is temporarily ill or otherwise unavailable. The acting judge must already serve as a municipal court judge within the same judicial circuit, but is not required to be licensed to practice law or be a resident of the county in which they serve, and may be a judge or prosecutor for any other court.

This section is similar to HB 1278 (2010) and HB 1640 (2010).

STATE LEGAL EXPENSE FUND

(Section 105.711)

The state legal expense fund is required to pay claims up to a certain amount against a doctor, nurse, physician assistant, dental hygienist, or dentist who provides certain services without compensation at a summer camp. This act defines summer camp to mean a program operated only between May and September with the primary function of providing a summer recreational program for children no younger than five or older than eighteen.

VOLUNTARY ACKNOWLEDGMENT OF PATERNITY

(Section 193.087)

This act makes voluntary acknowledgment of paternity forms closed records. The child's mother, the father listed on the birth record, the attorney representing the mother or father, the child, the guardian ad litem, and the child's attorney, shall receive a copy, upon request and payment of a fee established by the department of social services. Upon request, the state and federal government shall also receive a copy for child support purposes.

This section is similar to HB 2083 (2010).

ADOPTION RECORDS

(Sections 193.125, 193.128, 193.132, 193.255)

This act modifies provisions regarding birth certificates and adoption records.

The State Registrar shall develop and, upon a birth parent's request, provide both a contact preference and a medical history form to the birth parent. The contact preference form allows a birth parent to list his or her preference for contact by the adoptee. If a contact preference form is filed with the registrar, a medical history form shall also be so filed. Upon receipt of the forms, the State Registrar shall attach such forms to the original birth certificate of the adopted person.

This act allows an adopted person, the adopted person's attorney, or the adopted person's descendants, if the adopted person is deceased, to obtain a copy of the adopted person's original birth certificate from the State Registrar upon written application and proof of identification. The adopted person shall be 18 years of age or older and born in Missouri. The adopted person shall also agree in writing to abide by the birth parent's contact preference, if such preference is included with the adopted person's original birth certificate. The State Registrar shall also provide a medical history form, if such form was completed by the birth parent.

The provisions of the act shall not apply to adoptions instituted or completed prior to August 28, 2010, except that a copy of the medical history form, which has had all identifying information redacted, shall be issued to such adopted person. For adoptions completed prior to August 28, 2010, the State Registrar shall release the original birth certificate only if the birth mother is deceased. If the birth mother is not deceased, the State Registrar shall, within three months of application by the adopted person, make reasonable efforts to contact the birth mother via telephone or U.S. mail, personally and confidentially, to obtain the birth mother's written consent or denial to release the original birth certificate. If the birth mother could not be contacted, the adopted person may re-apply for a copy of the original birth certificate within one year from the end of the three-month period during which the attempted contact with the birth mother was previously made.

These sections are similar to HB 1907 (2010) and SCS/SB 594 (2010).

CHILD ABUSE INVESTIGATIONS

(Sections 210.145, 210.150, and 210.152)

This act requires the children's division of the department of social services to complete all investigations in forty-five working days, rather than thirty days, and requires the local office to update the information in the information system within forty-five working days of an oral report of abuse or neglect, rather than in thirty days.

Information regarding the determination of the children's division regarding child abuse and neglect cannot be entered in the child abuse and neglect registry until the alleged perpetrator fails to request review by the child abuse and neglect review board or a trial in the circuit court, or the child abuse and neglect review board determines that the alleged perpetrator has committed child abuse or neglect.

Currently, child abuse and neglect investigation reports will not be released to an alleged perpetrator until an indictment is returned or an information filed in a criminal case. This act allows the children's division to release these reports to the alleged perpetrator within one year after the division notifies the prosecuting attorney in writing. The prosecuting attorney may petition the circuit court to extend the one-year time period to complete their investigation and file criminal charges.

The act decreases from sixty days to thirty days the amount of a time an alleged perpetrator of child abuse or neglect has to seek administrative review from the child abuse and neglect review board. Currently, if criminal charges are pending against the alleged perpetrator, the request for administrative review must be made within sixty days from the final disposition of the criminal case or dismissal of the charges. This act requires an alleged perpetrator who faces criminal charges to request administrative review within thirty days from the return of the indictment, the filing of the information, dismissal of charges, or after the division's release of its investigative report. The act also decreases from sixty days to thirty days the amount of time an alleged perpetrator has to seek judicial review after notification of the decision of the child abuse and neglect review board decision.

These sections are similar to HB 2121 (2010).

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).

UNEMPLOYMENT COMPENSATION

(Section 288.034)

This act modifies the requirements for a real estate salesperson or real estate broker to qualify for unemployment compensation. Currently, a real estate salesperson or real estate broker is not considered to be engaged in employment, if at least 80 percent of the remuneration for the services performed is directly related to sales performed pursuant to a written contract and the contract provides that the salesperson or broker is not an employee for federal tax purposes. Under this act, a real estate salesperson or real estate broker is not considered to be engaged in employment, if substantially all of the remuneration for the services performed is directly related to sales or other output, including the performance of services, performed pursuant to a written contract and the contract provides that the salesperson or broker is not an employee for federal tax purposes.

This section is similar to HB 2188 (2010).

LICENSE PLATES FOR JUDGES

(Section 301.146)

This act allows certain federal and state court judges to request special license plates and drivers licenses.

TITLE FOR OUTBOARD MOTORS

(Section 306.532)

Effective January 1, 2011, this act requires that a certificate of title for a new outboard motor designate both the year the outboard motor was manufactured and the year the dealer received the outboard motor from the manufacturer.

This section is similar to HB 1323 (2010).

REAL ESTATE BROKERS AND REAL ESTATE SALESPERSONS

(Sections 339.010, 339.020, 339.030, 339.040, 339.080, 339.110, 339.160, 339.170, 339.710, 339.845)

This act modifies the definition of real estate broker and real estate salesperson for the purposes of licensing. The definition of a real estate broker now also includes limited partnership, limited liability company, and professional corporation. The definition of a real estate salesperson now also includes a partnership, limited partnership, limited liability corporation, association, professional corporation, or corporation. This act also creates a new category of license for a real estate broker-salesperson. A real estate broker-salesperson is required to have a real estate broker license in good standing, but may not also operate as a real estate broker.

If the real estate commission receives a notice of delinquent taxes from the director of revenue regarding a real estate broker or salesperson, the commission is required to immediately send a copy of the notice to the real estate broker with which the real estate broker or salesperson is associated.

TENANTS' LIABILITY FOR RENT

(Section 441.645)

Under the terms of this section, a tenant is not liable for rent payments during the remainder of the term of a lease agreement when his or her residence is destroyed by an act of God or other natural or man-made disaster, provided the tenant was not the cause of the disaster.

This section is similar to HB 1401 (2010), HCS/SB 262 (2009), HB 171 (2009), and HCS/HB 187 & 235 (2009).

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).

REQUIRED LANGUAGE IN CHILD CUSTODY OR VISITATION ORDERS

(Section 452.377)

This section adds language to every court order establishing or modifying child custody or visitation that informs the parties of the current procedure for relocating a child and the current procedure for objecting to the relocation of a child.

This section is similar to HB 1318 (2010).

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 the judgment to the public. This act modifies these requirements, so that they also apply to motions to modify filed prior to August 28, 2009 and so that licensed title insurers or their designees, will also be allowed to inspect the pleadings in these cases. 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 information, unless the court specifically orders the clerk to do otherwise. Any pleadings in a divorce, legal separation, or motion to modify case filed prior to August 28, 2009 shall be subject to public inspection only if the clerk has redacted the Social Security number. Upon request, the clerk shall redact the Social security number from any filings, judgment, or pleading before releasing them to the public.

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

CHILD SUPPORT SERVICE FEES

(Sections 454.425 and 454.548)

This act requires the family support division of the department of social services to charge a non-refundable 60 dollar fee to a person who requests that the division review a child support order for the purpose of determining whether a modification to the child support order is appropriate. The act requires the family support division to charge a non-refundable fee to a person who requests that the division modify a support order after the division determined that modification is appropriate. The modification fee shall be either 175 or 350 dollars, based on the income of person requesting the modification. The act also requires the division to charge a 25 dollar fee for submitting past-due child and spousal support debts for collection through federal income tax refund offset. The division is required to waive these fees for certain individuals. The division is authorized to change the amount of the review fee and modification fee by administrative rule, but the amount of these fees is required to be based on actual standardized cost, as required by federal regulation. The division is also required to charge a 10 dollar fee from support received through the payment center for each order for every year or portion of a year during which payments are received by the payment center.

This section is similar to HB 1906 (2010).

SOCIAL SECURITY NUMBERS IN CERTAIN LIENS

(Section 454.515)

Currently, real estate liens based on unpaid child support or maintenance must include the person's Social Security number. This act requires only the last four digits of the Social Security number on the lien.

This section is similar to HB 1908 (2010), HB 2046 (2010), HB 2056 (2010), and SB 985 (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).

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).

CIRCUIT COURT MARSHALS

(Section 476.083)

Currently, a judicial circuit must have an average total inmate population of more than 2,500 inmates over the previous two years for the presiding judge to appoint an extra circuit court marshal. This act lowers the number of inmates that must be present in the judicial circuit to 1,500 over the previous two years.

NOTICES OF GARNISHMENT AND WRITS OF SEQUESTRATION

(Section 525.233)

This act changes the requirement that notices of garnishment and writs of sequestration contain the federal taxpayer identification number of a judgment debtor. Only the last four digits of the debtor's federal taxpayer identification number will be required.

This section is similar to HB 1654 (2010) and SB 985 (2010).

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 gives the court or jury the option to visit the property, rather than requiring them to visit the property.

This section is similar to HB 1983 (2010).

ACTIONS FOR CONDUCT OR SPEECH AT PUBLIC MEETINGS

(Section 537.528)

Currently, an action seeking monetary damages against a person for conduct or speech at a public hearing, public meeting, or quasi-judicial proceeding is subject to a special motion to dismiss, motion for judgment on the pleadings, or summary judgment motion, which the court is required to consider on an expedited basis. This act allows any action against a person for conduct or speech at a public hearing, public meeting or quasi-judicial proceeding to be subject to these special procedures, even if the action does not seek monetary damages.

This section is similar to HB 1874 (2010).

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.

FIREARMS

(Sections 563.011, 563.031, 571.070, 571.104)

This act specifies that an individual, who owns or leases private property and is claiming a justification of using protective force, may use deadly force against a person who unlawfully enters, remains after unlawfully entering, or attempts to unlawfully enter the property.

The owner or lessor of private property does not have a duty to retreat from such property.

Currently, a person commits the crime of unlawful possession of a firearm if he or she is a convicted felon possessing a firearm. This act would allow such persons to possess antique firearms.

The minimum age requirement for obtaining a concealed carry endorsement is lowered from 23 to 21 years of age. To process a change of address for a concealed carry endorsement, the sheriff of the new jurisdiction may charge a fee of not more than $10. Also, a sheriff may charge a fee of not more than $10 to change the name on an endorsement.

These sections are similar to SB 1005 (2010) and HB 1787 (2010).

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.

This section is similar to SB 740 (2010), HB 1308 (2010), and HB 1669 (2010).

CONCEALED CARRY IN COURTHOUSES

(Section 571.107)

This act 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 to carry a concealed firearm in a courthouse.

This section is similar to HB 1669 (2010).

EMILY KALMER