Missouri Senate

Senate Substitute

MATERIALS RECOVERY AND RECYCLING FACILITY

(Section 171.185)

This act prohibits any school district located in Chesterfield from operating a materials recovery and recycling facility within 500 feet of a residential property.

ELECTRONIC DEATH REGISTRATION

(Sections 193.145, 193.265)

This act requires all data providers in the death registration process, including the state registrar, local registrars, medical examiners, coroners, or funeral directors to use an electronic death registration system within 6 months of the system being certified by the Department of Health and Senior Services to be operational and available to all data providers in the death registration process.

The state registrar may adopt pilot programs or voluntary electronic death registration programs until such time as the system can be certified. However, no such pilot or voluntary program shall prevent the filing of a death certificate with the local registrar or the ability to obtain certified copies of death certificates under current law until 6 months after the system is certified as operational. The department shall have in place, within 18 months of certification of the electronic death registration system, such systems so as to allow the funeral director filing the death certificate to print certified copies of the certificates after the certificates have been electronically registered at a licensed funeral establishment. Any fees for the certified copies printed at a funeral establishment shall be directed as if the certified copies were obtained from a local registrar.

This provision is similar to SCS/SB 975 (2010).

PUBLIC ASSISTANCE BENEFITS

(Section 208.010)

This act provides that in determining eligibility and the amount of benefits to be granted under federally aided state public assistance programs, the value of any life insurance policy where a seller or provider is made the beneficiary or the policy is assigned to a seller or provider, either being in consideration for an irrevocable prearranged funeral contract under Chapter 436, will not be taken into account or considered an asset of the beneficiary named in the irrevocable prearranged funeral contract.

This provision is similar to HB 2290 (2010).

CEMETERIES

(Sections 214.160, 214.270, 214.276, 214.277, 214.282, 214.283, 214.290, 214.300, 214.310, 214.320, 214.325, 214.330, 214.335, 214.340, 214.345, 214.360, 214.363, 214.365, 214.367, 214.387, 214.389, 214.392, 214.400, 214.410, 214.500, 214.504, 214.508, 214.512, 214.516, 214.550)

This act modifies certain laws regarding cemeteries.

It allows county commissions that serve as trustees of funds for cemeteries to invest these funds in certificates of deposit.

Current law allows the Division of Professional Registration to seek an injunction against certain unlicensed cemetery operators in the county in which the conduct occurred or in which the defendant resides. This act eliminates this specific venue provision.

Each contract sold by a cemetery operator for cemetery services and items such as grave lots, markers, and tombstones shall meet certain requirements. If these requirements are not met, the contract is voidable by the purchaser.

Except for family burial grounds, individuals and public and private entities are required to notify the office of endowed care cemeteries of the name, location, and address of real estate used for the burial of human bodies.

Cemetery operators are exempted from the prearranged contract requirements of Chapter 436.

Currently, cemetery operators are required to correct deficiencies in the funding of endowed care trust funds. This act specifies that deficiencies do not include deficiencies caused by the fluctuating value of investments.

The requirements of endowed care trust funds and escrow accounts are modified in several ways. Among other changes, the requirement that a financial institution that serves as the trustee of an endowed care trust be located in Missouri is removed. Cemetery operators must maintain the name and address of the trustee and records custodian and supply the office with this information upon request. The trust records shall be maintained in Missouri, or electronically accessible. Missouri law shall control all endowed care trust funds and such funds will be administered in accordance with certain trust requirements. Endowed care cemetery funds may also be held in an escrow account in Missouri. However, if the funds in the escrow account are over 350,000 dollars, in most cases they must be in an endowed care trust fund. Trustees and escrow agents shall consent in writing to Missouri jurisdiction and the supervision of the office of endowed care cemeteries.

Cemetery operators are required to notify the Division of Professional Registration at least thirty days prior to selling the business assets of the cemetery, or selling a majority of its stock. If the division does not disapprove, the cemetery operator can continue to take such action.

Sellers of prearranged burial merchandise and services are required to deposit a portion of the purchase price in an escrow or trust account. These funds are maintained in this account until delivery of the property, performance of the services, or the contract is cancelled. These escrow arrangements and trusts must each meet certain requirements. Cemetery prearranged contracts entered into after August 28, 2010, can be cancelled within thirty days of receiving the executed contract for a full refund, and at any time before the services or merchandise are provided, with exceptions, for 80% of the net amount of all payments made into the escrow account or trust.

The division is allowed to direct a trustee, financial institution, or escrow agent to suspend distributions from endowed care trust funds or escrow accounts, if the cemetery operator is not licensed or does not meet certain other requirements, and after the cemetery operator is notified, and given sixty days to correct the violations. The cemetery operator may appeal this suspension.

Several provisions that previously applied to the city of St. Louis and allowed the sale of certain cemeteries owned by the city and applied to cemetery operators who purchased cemeteries from the city are now applied to all cities.

This act is similar to SB 754 (2010), SB 753 (2010), and SB 416 (2009).

WATER AND SEWER ASSESSMENTS

(Section 246.310)

Under current law, farmland is provided an exemption under the Farmland Protection Act from being subject to water and sewer district assessments until the property is connected to the water or sewer system. The act specifies that this exemption does not apply to drainage and levee districts.

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).

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).

BOARD FOR ARCHITECTS, PROFESSIONAL ENGINEERS, PROFESSIONAL LAND SURVEYORS, AND LANDSCAPE ARCHITECTS

(Sections 327.031, 327.041, 327.351, 327.411)

This act adds another professional engineer member to the Board for Architects, Professional Engineers, Professional Land Surveyors and Landscape Architects. It also allows a landscape architect to be the chairperson of the board. It also gives each member of the landscape architectural division of the board a vote when voting on action pending before the board. Beginning August 28, 2010, the chairperson of the board will rotate sequentially among an architect, professional engineer, professional land surveyor, and landscape architect. The chairperson shall only serve one four year term as chairperson. The chairperson of the landscape architectural division will be a vice chairperson of the board and will be ranking vice chairperson when the chairperson of the board is a landscape architect.

Eight members of the board, including at least one from each division will be required for a quorum for board business. Two voting members of each division of the board will be required for a quorum for division business.

A faculty member at an accredited school with the rank of assistant professor or higher will be regarded as actively practicing landscape architecture, in order to eligible for board membership.

The board will no longer be required to have the advice of the attorney general to summon or subpoena witnesses and documents under hearing or investigation.

Licensees are required to either prepare or personally provide direct and immediate supervision over the preparation of all documents sealed by the licensee. Licensees are also specifically required to only perform those architectural, professional engineering, professional land surveying, and landscape architectural services as they are qualified by education, training, and experience to perform.

Also, professional land surveyors with inactive licenses may continue to use the title "professional land surveyor" or the initials "PLS" after their name.

This act is similar to HCS/SCS/SB 754 (2010), HB 1639 (2010), HCS/HB 2388 (2010), and SB 298 (2009).

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 shall 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.

BOAT SLIPS

(Section 339.503)

This act creates a definition for "boat slip" or "watercraft slip" for the purposes of real estate appraisers, establishing that such object is a part of a boat dock serving a common interest community and thus, real property.

This provision is similar to SCS/HCS/HB 1446 (2010).

APPRAISAL MANAGEMENT COMPANIES

(Sections 339.1100, 339.1105, 339.1110, 339.1115, 339.1120, 339.1125, 339.1130, 339.1135, 339.1140, 339.1145, 339.1150, 339.1155, 339.1160, 339.1170, 339.1175, 339.1180, 339.1185, 339.1190, 339.1200, 339.1205, 339.1210, 339.1215, 339.1220, 339.1230, 339.1235, 339.1240)

This act requires appraisal management companies to register with the Missouri Real Estate Appraisers Commission. This registration is valid for two years.

Applicants for registration must provide contact information for any individual or entity that owns ten percent or more of the company, pay a fee, post a $20,000 bond with the commission, complete an irrevocable Uniform Consent to Service of Process, and make certain certifications regarding their business processes.

A person or entity that has had a license disciplined or denied in any state is prohibited from owning more than ten percent of an appraisal management company, in order for the company to be registered in Missouri.

Appraisal management companies are required to designate a compliance manager who, among other requirements, must submit to a background check.

Appraisal management companies are prohibited from employing, contracting, or entering into another business relationship with any person or entity who has had an appraiser license disciplined or denied in Missouri or any other state.

Letters of engagement from appraisal management companies are required to instruct appraisers to decline the assignment if the appraiser is not geographically competent or the assignment is outside the appraiser's scope of practice restrictions.

Appraisal management companies are required to certify twice a year to the commission that the company has systems in place to verify that: any individual added to the appraiser panel of the company has as license in good standing, any individual to whom the company makes an appraisal assignment has not been refused a license or certification or had their license or certification disciplined, appraisal reviews are performed to that the appraisals are conducted according to Uniform Standards of Professional Appraisal Practice. The company is also required to certify that it maintains a detailed record of each service request for appraisal services.

All appraisal management company records are required to be retained for five years.

Appraisal management companies are required to separate out the fees the appraiser charged for the appraisal and the fees the company charged for managing the appraisal process on their statements to their clients.

Appraisal management companies are prohibited from influencing appraisals through coercion, compensation, instruction, and several other means. These companies are also prohibited from requiring appraisers to modify reports, prepare certain reports, prepare reports under a short time frame, structuring an appraiser's fee based on a loan closing or achieving a certain dollar amount appraisal.

Appraisal management companies are required to pay appraisers within thirty days from the completion of an appraisal assignment, except in cases of breach of contract or substandard performance of services.

The real estate appraisers commission is required to issue a unique registration number to each appraisal management company. The company is required to put this number on each engagement letter for real estate appraisal assignments in Missouri.

Appraisal management companies are not allowed to remove an appraiser from its appraisal panel without written notice to the appraiser and providing the appraiser an opportunity to respond. If an appraiser is removed from the panel for certain conduct, the appraiser can seek review from the real estate appraisers commission. After notice and opportunity for a hearing, the commission may order the appraiser added to the company's panel.

The commission is authorized to discipline the registration of an appraisal management company, or impose civil penalties, not to exceed $1,000 for each offense, with a maximum penalty of $10,000.

These sections are similar to a provision of HCS/SB 991 & 645 (2010).

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).

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 SS/SCS/HB 1609 (2010), SB 985 (2010), HB 1908 (2010), and HB 2046 (2010).

PUBLICATIONS IN NEWSPAPERS

(Section 493.055)

This section requires all public advertisements and orders of publication required by law, including amendments to the Missouri Constitution, legal publications affecting sales of real estate under a power of sale in a mortgage or deed of trust, and other legal publications affecting the title to real estate to be published in the newspaper.

JUDGMENTS FROM OTHER STATES

(Section 511.580)

This act creates a procedure where a judgment debtor may file a petition in this state seeking acknowledgment that a judgment against them from another state or territory is satisfied. The judgment debtor's petition shall include a authenticated copy of the judgment and a copy of the applicable statute from the other state or territory demonstrating that the judgment is presumed to be paid and satisfied by operation of law in that other state or territory. If the judgment creditor, or assignee of the debt, does not object within thirty days after service of the petition, the judgment shall be deemed satisfied. If the judgment creditor objects, the court is required to have a hearing to determine whether the judgment debtor followed this procedure for receiving an acknowledgment of satisfaction.

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.

This section is similar to SS/SCS/HB 1609 (2010) and HB 1983 (2010).

FIREARMS

(Sections 563.011, 563.031, 571.070, 571.104, 571.107)

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 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 act, 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.

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.

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.

This act allows 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.

These sections are similar to SB 1005 (2010), HB 1787 (2010), a provision of SCS/HB 1802 (2010), and a provision of SS/SCS/HB 1609 (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. 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 SS/SCS/HB 1609 (2010), SCS/SB 740 (2010) and HB 1308 (2010).

EMILY KALMER