SCS/HCS/HB 2064 AND HCS NO.2/HB 1886 - This act establishes and modifies provisions relating to civil proceedings.BIRTH, DEATH, AND MARRIAGE RECORDS (SECTION 193.265)
This act waives any required fees for the issuance or copy of a birth certificate if the request is made by a prosecuting or circuit attorney or the Attorney General.
This provision is identical to a provision in SCS/SB 897 (2024), in HCS/SS#3/SB 22 (2023), SB 464 (2023) and in HS/HCS/HBs 1108 & 1181 (2023), and is substantially similar to a provision in HCS/SS/SCS/SB 40 (2023) and HB 81 (2023).
MISSOURI UNIFORM FIDUCIARY INCOME AND PRINCIPAL ACT (SECTIONS 214.330 AND 469.399 TO 469.487)
This act establishes the "Missouri Uniform Fiduciary Income and Principal Act" which applies to trusts or estates in which this state is the principal place of administration and life estates or other term interest in which the interest of one or more persons will be succeeded by the interest of another and in which the place where the property is located.
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 terms of the trust and this act. Furthermore, the fiduciary shall add a receipt and charge disbursement to principal to the extent neither the terms of the trust nor this act allocate receipt or disbursement between income and principal. As provided in this act, 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 the exercise of the power will assist the fiduciary to administer the trust or estate impartially.
The court shall not order a fiduciary to change a decision unless the court determines that there was an abuse of discretion, upon which the court may order a remedy authorized by law and as provided in the act 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.
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 termination of an income interest in a trust, relating to rights of beneficiaries to receive a share of net income, and 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. This act also modifies provisions relating to mandatory income interests and undistributed income.
Under this act, a fiduciary shall allocate to income money received in an entity distribution, as that term is defined in the act, and tangible personal property of nominal value received from the entity. A fiduciary shall also allocate to 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 an amount 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 an amount 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 in the interests of the beneficiaries to account separately for the business or other.
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. Additionally, 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 payment characterized as a distribution to the trustee allocated as income 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 when the fiduciary does not 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 from or related to an asset-backed security to income. Furthermore, this act provides that a fiduciary shall allocate receipts from or related to a financial instrument or arrangement not otherwise addressed by this act.
This act modifies provisions relating to required disbursements from income and principal by fiduciaries, rather than trustees, and transfers to principal of the net cash receipts from a principal asset that is subject to depreciation. This act also provides that 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. Furthermore, this act makes modifications to the provision regarding when a fiduciary may transfer an amount from income in an accounting period to reimburse principal or to provide a reserve for future principal disbursements.
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.
This act further provides that 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 act provides for the conversion of an income trust to a unitrust and for the determination of the rate used to compute the unitrust amount.
Furthermore, this act provides for certain requirements for a unitrust policy. The policy shall provide the unitrust rate or method for determining such rate, the method for determining the applicable value of assets, and rules for the administration of the unitrust. Additionally, the unitrust policy shall provide the period used for the determination of the rate and value, which may be a calendar year, a twelve-month period other than a calendar year, a calendar quarter, a three-month period other than a calendar quarter, or another period. The unitrust policy may also 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.
Additionally, a unitrust policy 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 a fiduciary is not an independent person, the unitrust rate shall not be less than three percent or more than five percent and only certain provisions of this act apply.
Finally, this act repeals certain provisions relating to the statute of limitations on claims of a breach of trustee's duty to impartially administer a trust.
The provisions of this act apply to trusts and estates existing or created on or after August 28, 2024, except as otherwise expressly provided in the terms of the trust or by this act.
These provisions are identical to SCS/SB 1007 (2024) and are similar to HB 1725 (2024), HB 1987 (2024), HCS/HB 968 (2023) and HB 2839 (2022).
CHANGES OF ATTORNEYS IN WORKERS' COMPENSATION CASES (SECTIONS 287.200 AND 287.470)
The act permits the Labor and Industrial Relations Commission ("Commission") to change the name, information, or fee arrangement of the attorney or law firm representing a claimant upon the filing of a written agreement, signed by both the claimant and the attorney, with the Commission.
These provisions are identical to provisions in SCS/SB 1390 (2024).
COMPLAINTS, DISCIPLINE, AND REMOVAL OF ADMINISTRATIVE LAW JUDGES (SECTIONS 287.610 AND 621.045)
Current law requires a retention vote be taken by the Administrative Law Judge Review Committee ("Committee") with respect to each workers' compensation Administrative Law Judge ("ALJ"). Additionally, the Committee is required to conduct performance audits periodically and make recommendations of confidence or no confidence with respect to each ALJ. This act repeals these requirements and instead creates new provisions for filing complaints against and removing ALJs.
Specifically, the Director of the Division of Workers' Compensation is permitted to file a complaint with the Administrative Hearing Commission ("AHC") seeking to remove an ALJ from office for one or any combination of the following causes:
(1) The ALJ has committed any criminal offense, regardless of whether a criminal charge has been filed;
(2) The ALJ has been convicted, or has entered a plea of guilty or nolo contendere in a criminal prosecution under the laws of any state, the United States, or of any country, regardless of whether sentence is imposed or is guilty of misconduct;
(3) Habitual intoxication;
(4) Willful neglect of duty;
(5) Corruption in office;
(6) Incompetency; or
(7) The ALJ has committed any act that involves moral turpitude or oppression in office.
Prior to filing a complaint, the Director shall notify the ALJ in writing of the reasons for the complaint. Special provisions are included if the reason for the complaint is willful neglect of duty or incompetency.
Upon a finding by the AHC that the grounds for disciplinary action are met, the Director may, singly or in combination, issue the disciplinary actions against the ALJ, as provided in the act, including removal or suspension from office or there are no grounds for disciplinary action, the ALJ shall immediately resume duties and shall receive any attorney's fees due under current law.
An ALJ may be suspended with pay, without notice, at the discretion of the Director if:
(1) The ALJ commits a crime for which the ALJ is being held without bond for a period of more than 14 days;
(2) The ALJ's license to practice law has been suspended or revoked; or
(3) A declaration of incapacity by a court of competent jurisdiction has been made with respect to the ALJ.
The act repeals a requirement that the Committee's members not have any direct or indirect employment or financial connection with a workers' compensation insurance company, claims adjustment company, health care provider nor be a practicing workers' compensation attorney. The act additionally repeals a requirement that all members of the Committee have a working knowledge of workers' compensation.
These provisions are identical to SCS/SB 1390 (2024) and is similar to HB 2194 (2024).
PAYMENT AND RETIREMENT BENEFITS OF ADMINISTRATIVE LAW JUDGES (SECTIONS 287.615, 287.812, AND 287.835)
The act provides that the compensation for Administrative Law Judges ("ALJ") and chief administrative law judges shall be determined solely by the rate outlined in law and shall not increase when pay raises for executive employees are appropriated.
The act furthermore repeals reference to the position of Chief Legal Counsel.
The act repeals a prohibition on the payment of any retirement benefits under workers' compensation law to any administrative law judge who has been removed from office by impeachment or for misconduct, or to any person who has been disbarred from the practice of law, or to the beneficiary of any such persons.
These provisions are identical to SCS/SB 1390 (2024) and is similar to HB 2194 (2024).
COURT DISSOLUTION OF A LIMITED LIABILITY COMPANY (SECTION 347.143)
This act modifies the procedure by which a court may decree dissolution of a limited liability company. Specifically, in addition to circumstances where it is not reasonably practicable to carry on the business in conformity with the operating agreement, the court may issue such a decree if it determines:
(1) Dissolution is reasonably necessary for the protection of the rights or interests of the complaining members;
(2) The business of the limited liability company has been abandoned;
(3) The management of the limited liability company is deadlocked or subject to internal dissension; or
(4) Those in control of the limited liability company have been found guilty of, or have knowingly countenanced, persistent and pervasive fraud, mismanagement, or abuse of authority.
This provision is identical to a provision in SCS/SB 897 (2024), in CCS/HCS/SS/SCS/SB 72 (2023), HB 85 (2023), HB 278 (2023), SB 401 (2023), and SB 475 (2023), and is substantially similar to HB 1458 (2024).
ALTERNATIVE DISPUTE RESOLUTION PROCESSES (SECTIONS 435.014 AND 435.300 TO 435.312)
This act establishes provisions relating to procedures for alternative dispute resolution ("ADR") processes. A court may refer, either by rule or order, any individual civil case or category of civil cases to any nonbinding ADR process. Within 30 days of referral, the parties may:
(1) Notify the court that the parties have chosen pursuant to a written agreement to pursue an ADR process different from the ADR process chosen by the court;
(2) Notify the court that the parties have agreed to delay such ADR process until a date certain; or
(3) If any party, after conferring with the other parties, concludes that the ADR process has no reasonable chance of helping the parties understand or resolve a procedural or substantive issue or if there is a compelling circumstance, the party may file a motion to not participate in the ADR process.
Once a motion has been filed, the ADR process shall not occur until a ruling and, if granted, the matter shall not be referred without compelling circumstances. In any action referred to an ADR process, discovery may proceed in any other action before, during, and after the ADR process, except the court may stay discovery to promote savings in time and expense.
A neutral individual ("neutral") appointed by the court or requested by the parties to serve in the ADR process shall avoid any conflict of interest. Even if the neutral believes that no disqualifying conflict exists, the neutral shall:
(1) Before agreeing to serve, make a reasonable inquiry to determine whether there are facts that would cause a reasonable person to believe that the neutral has a conflict of interest;
(2) As soon as practicable, disclose reasonably known facts relevant to any conflicts of interest; and
(3) After accepting a designation, disclose any previously undisclosed information that could reasonably suggest a conflict of interest.
After disclosure of a conflict, the ADR process may proceed if all parties have agreed in writing or if the organization administering the ADR process determines under the parties' written agreement that the neutral may continue to serve. Any party believing a court-appointed neutral has a conflict of interest may request for the neutral to recuse himself or may file a motion for disqualification. Additionally, the court may require a change of a neutral if necessary to protect the rights of an unrepresented party.
ADR communications, as defined in the act, shall not be admissible as evidence in any proceeding or subject to discovery. However, evidence that is otherwise admissible or subject to discovery shall not be inadmissible or protected from discovery solely because of its disclosure or use in the ADR process. Additionally, a court may admit communications, upon motion by a party and following a hearing, if the court finds that the communication is relevant and admissible and was:
(1) Made in the presence of a mandated reporter and pertains to abuse or neglect that such mandated reporter is required to report;
(2) A substantial threat or statement of a plan to inflict bodily injury capable of causing death or substantial bodily harm that is reasonably certain to occur;
(3) Intentionally used to plan a crime, attempt to commit a crime, or to conceal an ongoing crime; or
(4) Necessary to establish or defend against a professional misconduct or malpractice claim that is based on conduct occurring during the ADR process.
If requested by a party or if necessary to ensure confidentiality, the hearing shall be conducted in the judge's chambers. A participant, including the neutral, has standing to intervene in any proceedings in order to object to the admissibility of communications made by such participant.
Additionally, this act provides that no neutral, or agent or employee of the neutral or of the neutral's organization, shall be subpoenaed or compelled to disclose any ADR communication. No neutral who is a licensed attorney shall be required to disclose any ADR communication of which a reporting obligation in the rules of professional conduct of attorneys might otherwise apply. However, a neutral may be subpoenaed to enforce a written settlement agreement, but only to testify that the parties signed such agreement in his or her presence. The court may order the party seeking admission of an ADR communication to pay the costs and fees of the neutral or any other participant who intervenes to contest the admission or who responds to a subpoena regarding the ADR communications.
Unless a written agreement provides for a binding ADR process, the processes conducted pursuant to this act shall be nonbinding. Furthermore, this act shall not preclude any court from referring any matter to a nonbinding ADR process.
This act shall only apply to ADR processes referred by court order or rule or by a written agreement of the parties expressly providing for this act to apply. This act is not intended to undermine the right to a jury trial nor does this act require any party to settle any claim or attend a mediation with counsel.
If the court has not referred the parties to an ADR process or if the parties elect not to use the provisions of this act, the process shall be regarded as settlement negotiations. If the parties have agreed in writing to an ADR process but have not invoked the provisions of this act, the neutral shall not be subpoenaed or otherwise compelled to disclose any matter revealed in the setting up or conducting of such ADR process. Finally, this act requires all settlement agreements to be in writing.
These provisions are identical to provisions in SCS/SB 897 (2024), and SB 1096 (2024), and are substantially similar to HB 1456 (2024), provisions in CCS/HCS/SS/SCS/SB 72 (2023), HB 82 (2023), SB 215 (2023), provisions in SCS/HCS/HBs 994, 52 & 984 (2023), SB 1148 (2022), SB 591 (2021), HB 953 (2021), and HB 2534 (2020), and are similar to HB 2660 (2022).
COSTS & FEES IN DIVORCE PROCEEDINGS (SECTION 452.355)
Under current law, a court may order a party in a divorce proceeding to pay a reasonable amount of court costs and attorney's fees to the other party. This act requires a court in an action to enforce a temporary order or final judgment in a divorce proceeding to order court costs and fees to be paid to the party seeking enforcement by the party against whom enforcement is sought.
This provision is identical to SB 864 (2024) and the perfected SS/SB 128 (2023).
UNIFORM UNREGULATED CHILD CUSTODY TRANSFER ACT (SECTIONS 453.700 TO 453.742)
This act establishes the "Uniform Unregulated Child Custody Transfer Act" which specifies that a parent or guardian of a child or an individual with whom a child has been placed for adoption shall not transfer custody of the child to another person with the intent to abandon the rights and responsibilities concerning the child except through adoption or guardianship, a judicial award of custody, placement through a child-placing agency, judicial action, or through the Safe Place for Newborns Act of 2002. A violation of this provision shall be a class B misdemeanor.
If the Children's Division of the Department of Social Services has a reasonable basis to believe that a person has transferred or will transfer custody of a child in violation this act, the Children's Division may conduct a home visit and take appropriate action to protect the welfare of the child.
Furthermore, this act provides that a person shall not solicit or advertise to identify a person to which to make a transfer of custody in violation of this act, to identify a child for a transfer of custody in violation of this act, or to act as an intermediary in a transfer of custody in violation of this act. A violation of this provision is a class B misdemeanor.
This act additionally provides that a child-placing agency shall provide to the prospective adoptive parent, as such term is defined in the act, within a reasonable time before adoption placement, certain general adoption information described in the act and certain information that is specific to the child that is known to or reasonably obtainable by the agency and is material to the prospective adoptive parent's informed decision to adopt the child. Additionally, a child-placing agency shall provide to the prospective adoptive parent specific guidance and instruction as provided by the act regarding the child to help prepare the parent to respond effectively to needs of the child that are known to or reasonably ascertainable by the agency. Finally, on request, the child-placing agency or the Children's Division shall provide information about how to obtain financial assistance or support services to assist the child or parent to respond effectively to adjustment, behavioral health, and other challenges and to help preserve the placement or adoption.
This act further provides that law enforcement or the Children's Division can initiate investigations or proceedings to determine whether a child-placing agency has failed to comply with the provisions of this act, which can result in either law enforcement filing for injunctive relief or initiating an administrative proceeding, or the Children's Division suspending or revoking the agency's license or any other action permitted by law.
These provisions shall apply to:
(1) A transfer of custody on or after August 28, 2024;
(2) Soliciting or advertising on or after August 28, 2024;
(3) Adoption placements more than sixty days after August 28, 2024.
These provisions are identical to provisions in SCS/SB 897 (2024) and are substantially similar to HB 2631 (2024) and HB 2642 (2022).
BENTLEY AND MASON'S LAW (SECTION 454.1050)
This act establishes "Bentley and Mason's Law" which provides that if a person is convicted of the offense of driving while intoxicated and such offense caused the death of a parent or guardian, such person shall pay, pursuant to a court order, a monthly restitution to the child of the deceased parent or guardian until the child reaches 18 years of age.
Monthly restitution shall be determined and remitted as specified in the act. If the person ordered to pay restitution is unable to make required monthly payments because such person is imprisoned or otherwise confined, then the person shall begin making the payments no later than the first anniversary of the date of his or her release from the correctional facility and shall pay all arrearages, regardless of whether the payments were due to be terminated while the person was imprisoned or otherwise confined.
The amount of restitution paid under this act shall be deducted from any civil judgment against the defendant.
The Attorney General or a person, parent, or guardian of a child due restitution under this act may enforce a restitution order issued in the same manner as a judgment in a civil action.
This provision is identical to SB 1374 (2024), HB 1958 (2024), a provision in HCS/HB 2700 (2024), and HB 1954 (2022).
CLASSIFICATION OF MINORS FOR ORDERS OF PROTECTION (SECTIONS 455.010, 455.035 AND 455.513)
This act modifies the definitions of "adult" and "child" in provisions relating to orders of protection. An "adult" is any person eighteen, instead of seventeen, years of age or older and a "child" is any person under eighteen, instead of seventeen, years of age unless he or she is otherwise emancipated.
These provisions are identical to provisions in SCS/SB 897 (2024), HB 2437 (2024), in CCS/HCS/SS/SCS/SB 72 (2023), HCS/HB 355 (2023), in HB 981 (2023), in SCS/HCS/HBs 994, 52 & 984 (2023), and in HCS/HB 1559 (2022).
QUALIFIED SPOUSAL TRUSTS (SECTION 456.950)
This act modifies the definition of "qualified spousal trust" to include the provision of terms that provide during the life of a sole surviving settlor, in addition to terms of which provide for the joint lives of settlors.
This act additionally provides that all property, except for written financial obligations, written guarantees, or secure or unsecured transactions, held in a qualified spousal trust shall continue to be immune and exempt from attachment during the life of the surviving settlor to the extent that the property was held in a qualified spousal trust prior to the death of the first settlor and remains in a qualified spousal trust. Furthermore, property may be held in or transferred to a settlor's joint or separate share of a trust by designation under the current trust terms, pursuant to the specified titling of property or other designation that refers to such joint or separate share, or designation to the trustee as the owner as provided in current law.
This provision is identical to a provision in SCS/SB 897 (2024), in SCS/SBs 1221 & 988 (2024), and HB 1782 (2024).
MISSOURI ELECTRONIC WILLS AND ELECTRONIC ESTATE PLANNING DOCUMENTS ACT (SECTIONS 474.540 TO 474.564)
This act establishes the "Missouri Electronic Wills and Electronic Estate Planning Documents Act", which provides for the execution of wills through electronic methods.
An electronic will shall be a will for all purposes of the laws of this state. An electronic will is a record that is readable, and remains accessible, as text at the time of signing by the testator or by another individual in the testator's name, in the testator's physical presence, and by the testator's direction. Additionally, an electronic will shall be signed by at least two individuals in the physical or electronic presence of the testator within a reasonable amount of time after witnessing the signing of the will or acknowledgment of the will or signing. Additionally, this act provides that an electronic will not executed in compliance with these requirements shall still be an electronic will under this act if executed in compliance with the law of the jurisdiction where the testator is physically located, domiciled, or resides when the will was signed or where the testator is domiciled or resides upon his or her death.
The intent of the testator that the record be an electronic will may be established by extrinsic evidence. As provided in the act, an electronic will may be made self-proving by acknowledgment of the testator.
An electronic will may revoke all or part of a previous will and an electronic will shall be revoked by use of:
(1) A subsequent will that revokes the electronic will expressly or by inconsistency;
(2) A written instrument signed by the testator declaring the revocation; or
(3) A physical act, if established by a preponderance of the evidence that the testator, with the intent of revoking, performed or directed another individual to perform the act in the testator's physical presence.
Additionally, if there is evidence that a testator signed an electronic will, but neither the electronic will nor a certified paper copy can be located after a testator's death, there shall be a presumption that the testator revoked the electronic will, even if no instrument or later will revoking such electronic will can be located. At any time during the administration of the estate or as determined by the court if there is no grant of administration, the court may issue an order for a custodian of an account held under a terms-of-service agreement to disclose digital assets for purposes of obtaining an electronic will from the account of a deceased user.
Furthermore, this act provides that any written estate planning document, as defined in the act, may be executed electronically and no such estate planning document shall be invalid or void solely because of its electronic form or electronic signatures. Any written estate planning document that requires one or more witnesses to the signature of a principal may be witnessed by any individual in the electronic presence of the principal. Additionally, this act provides that a person who acts in reliance upon an electronically executed written estate planning document shall not be liable to any person for so relying and may assume without inquiry the valid execution of the electronically executed written estate planning document.
An individual may create a certified paper copy of an electronic will or estate planning document by affirming under penalty of perjury that a paper copy of the electronic will or document is a complete, true, and accurate copy. If a provision of law or rule of procedure requires a will or document to be presented or retained in its original form or provides consequences for the failure to present or retain the will or document in its original form, a certified paper copy shall satisfy the provision or rule.
This act also 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.
Finally, this act shall apply to any will of a decedent who dies on or after August 28, 2024, and to any written estate planning document signed or remotely witnessed on or after August 28, 2024.
These provisions are identical to provisions in SCS/SBs 1221 & 988 (2024), and are substantially similar to provisions in HB 2109 (2024), in CCS/HCS/SS/SCS/SB 72 (2023), in SB 569 (2023), and in HB 881 (2023).
ESTATE PLANNING DURING COVID-19 (SECTION 474.600)
With respect to the execution of an estate planning document, a person required for the execution of an estate planning document shall be deemed to have satisfied any physical presence requirement under Missouri law during the COVID-19 state of emergency if the following requirements were met:
(1) The signer affirmatively represented that he or she was physically in this state;
(2) The notary was physically located in this state and stated the county he or she was physically located in;
(3) The notary identified the signers to the satisfaction of the notary and Missouri law;
(4) Any person whose signature was required appeared using video conference software where live, interactive audio-visual communication between the principal, notary, and any other necessary person allowed for observation, direct interaction, and communication at the time of signing; and
(5) The notary recorded in his or her journal the exact time and means used to perform the act.
These requirements shall be deemed satisfied if a licensed Missouri attorney present at the remote execution signs a written acknowledgment made before an officer authorized to administer oaths and evidenced by the officer's certificate, which shall be affixed to or logically associated with the acknowledgment.
This provision is identical to a provision in SCS/SBs 1221 & 988 (2024) and is substantially similar to a provision in HB 2109 (2024), in CCS/HCS/SS/SCS/SB 72 (2023), in SB 569 (2023), and in HB 881 (2023).
DEVELOPMENT OR INTELLECTUAL DISABILITY GUARDIANSHIP PETITIONS (SECTION 475.063 AND 488.2300)
This act provides that a parent, physical custodian, or guardian of a minor that has a diagnosed developmental disability or intellectual disability may file a petition with an accompanying affidavit in a form prescribed by the act for emergency, temporary, or full orders for appointment of guardianship of the minor upon the minor attaining the age of eighteen. If the court finds the criteria set forth in the act, or if good cause is shown by the attorney for the minor or ward, the court may enter an order appointing an attorney to represent the parent, physical custodian, or guardian of the minor.
This act also provides that the court shall adopt forms for such petitions and court clerks shall explain to petitioners who are not represented by counsel with the procedures for filing such petitions. Furthermore, this act provides that the court shall accept and act upon a petition without requiring a filing fee. Additionally, any expenses incurred for attorney's fees for the attorney of the minor or ward and the fees for certain court-appointed individuals in guardianship and conservatorship hearings shall be reimbursed from the Family Services and Justice Fund, which moneys may be appropriated into by the General Assembly.
These provisions are similar to provisions in SCS/SB 897 (2024) and in HB 2109 (2024).
CONFIDENTIALITY OF CERTAIN CASES IN COURT CASE MANAGEMENT SYSTEM (SECTION 476.1025)
This act provides that a parent, spouse, child, or personal representative of a person who was convicted of a misdemeanor offense may file a motion with a copy of the death certificate in the court of conviction to have the record made confidential on any automated case management system if the person has been deceased for six months or more. Prior to making such conviction confidential, the court shall determine whether any person would be unfairly prejudiced by the confidentiality of such conviction.
This provision is identical to HB 1718 (2024), a provision in HCS/SS/SCS/SB 72 (2023), and HCS/HB 371 (2023) and is similar to HB 1599 (2022), HB 972 (2021), and HB 2514 (2020).
REPEAL OF THE EXPIRATION DATE OF FUNDING OF BASIC CIVIL LEGAL SERVICES FOR CERTAIN PERSONS (SECTION 477.650)
Currently, the provision of law establishing the Basic Civil Legal Services Fund, which provides funding to legal services organizations in this state to provide civil legal services and representation to eligible low-income persons, is set to expire on December 31, 2025. This act repeals the expiration date.
This provision is identical to HB 1838 (2024) and is substantially similar to SB 946 (2024) and a provision in SCS/HB 2719 (2024).
MENTAL HEALTH TREATMENT COURTS (SECTION 478.001)
Currently, the treatment court divisions of the circuit courts may include an adult treatment court, DWI court, family treatment court, juvenile treatment court, and veteran treatment court, which are specialized courts focused on addressing substance abuse disorders, mental health disorders, and co-occurring disorders of certain criminal defendants. This act provides for the establishment of a mental health court within a treatment court division to provide an alternative for the disposal of cases that stem from mental health or co-occurring disorders of criminal defendants.
This provision is identical to SB 1370 (2024) and is substantially similar to a provision in HCS/HB 2700 (2024).
REFERENCES TO THE CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (SECTION 487.110)
This act modifies references to the title and sections of law of Uniform Child Custody Jurisdiction Act, which was repealed in 2009, to the Uniform Child Custody Jurisdiction and Enforcement Act for the provision relating to child custody proceedings in family courts.
This provision is identical to a provision in SCS/SB 897 (2024), in CCS/HCS/SS/SCS/SB 72 (2023), in HCS/SS/SB 198 (2023), in HCS/SS/SB 213 (2023), HB 500 (2023), SB 528 (2023), in SCS/HCS/HBs 994, 52 & 984 (2023), in HCS/HB 1058 (2023), in HB 1151 (2023), and in HB 1271 (2023).
COMPENSATION OF JURORS (SECTIONS 488.040 AND 494.455)
Currently, a juror shall receive seven cents per mile to and from his or her place of residence and the courthouse. This act modifies the mileage rate of jurors to the mileage rate of state employees, which is currently provided at sixty-five and half cents. Current law also provides that grand or petit jurors in certain counties, including in Clay and Greene, shall not receive compensation for the first two days of service, but shall receive fifty dollars with seven cents per mile for the third and any subsequent days that the juror actually serves. This act provides that the governing body of the county or the City of St. Louis may adopt a system of juror compensation that provides grand or petit jurors to receive no compensation on the first two days of actual service, but receive fifty dollars with the state employee mileage rate for the third and any subsequent days of actual service.
These provisions are identical to provisions in SCS/SB 1220 (2024) and in SCS/SB 897 (2024) and are substantially similar to HCS/HB 2700 (2024) and are similar to HB 1457 (2024).
ST. LOUIS CITY CIRCUIT COURT CIVIL CASE FILING SURCHARGE (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 provision is identical to a provision in HB 1512 (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), a provision in the perfected HCS/HB 1083 (2019), HB 1891 (2018), SB 288 (2017), HB 391 (2017), and SB 812 (2016).
ADMISSIBILITY OF STATEMENTS OF CHILDREN AND VULNERABLE PERSONS IN CRIMINAL CASES (SECTIONS 491.075 & 492.304)
Under current law, a statement made by a child under 14 years of age may be admissible in criminal proceedings under certain circumstances. This act changes the age to a child under the age of 18 years of age.
Additionally, this act provides that visual or audio recordings of a child under 18 years of age or a vulnerable person, as defined in the act, relating to certain criminal offenses shall be admissible in criminal proceedings under certain circumstances.
These provisions are identical to provisions in SCS/SB 897 (2024), in SB 905 (2024), SB 906 (2024), SB 1245 (2024), SB 1398 (2024), HCS/SS#3/SB 22 (2023), in CCS/HCS/SS/SCS/SB 72 (2023), in HS/HCS/HBs 1108 & 1181 (2023), and the perfected HCS/HB 454 (2023).
EXCLUSION OF PERSONAL INFORMATION IN COURT DOCUMENTS (SECTION 509.520)
Currently, certain information shall be excluded from pleadings, attachments, exhibits, judgments, orders, or other records of the court, but shall be included in a confidential information sheet filed with the court, which shall not be subject to public inspection or availability. This act modifies the provision to include information concerning a witness in a criminal case that is confidential as otherwise provided by law or rule and any other information redacted for good cause by order of the court.
UNIFORM INTERSTATE DEPOSITION AND DISCOVERY ACT (SECTIONS 510.500 TO 510.521)
This act establishes the "Uniform Interstate Depositions and Discovery Act" which provides procedures for out-of-state subpoenas for certain forms of discovery conducted in Missouri.
To request a subpoena in Missouri, a party shall submit a foreign subpoena to a clerk of the court in the county in which discovery is sought to be conducted. The clerk shall promptly issue a subpoena, which shall incorporate the terms used in the foreign subpoena and include contact information of the attorneys and any party not represented by an attorney in the proceeding to which the subpoena relates. A request for issuance of a subpoena pursuant to this act shall not constitute an appearance in Missouri courts.
The Missouri Supreme Court Rules of Civil Procedure and the laws of this state apply to subpoenas issued pursuant to this act and such subpoenas shall be served in compliance with such rules and laws. Additionally, an application for a protective order or to enforce, quash, or modify a subpoena issued by clerk of this state shall comply with such court rules and laws of this state. However, in applying and construing this act, consideration shall be given to the need to promote uniformity among the states.
These provisions shall apply to requests for discovery in cases pending on August 28, 2024.
These provisions are identical to SB 394 (2023) and SB 1005 (2022), are substantially similar to provisions in HCS#2/HB 1886 (2024), HB 1452 (2024), HCS/HB 2064 (2024), in CCS/HCS/SS/SCS/SB 72 (2023), HB 84 (2023), in SCS/HCS/HBs 994, 52 & 984 (2023), HB 1549 (2022), HB 347 (2021), and HB 2570 (2020).
PROPERTY WITH COLLECTIBLE JUDGMENTS FILINGS (SECTION 534.157)
This act provides that all transfers of title of real property for rental properties with outstanding collectible judgments shall be filed in the circuit court within 30 days after transfer.
This provision is identical to a provision in perfected SS/SB 895 (2024), in SCS/SB 897 (2024), in CCS/HCS/SS/SB 222 (2023), SB 146 (2021), HB 1378 (2020), and HB 174 (2019) and is substantially similar to HB 2579 (2018).
UNIFORM PUBLIC EXPRESSION PROTECTION ACT (SECTION 537.528 & 537.529)
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, 2024.
These provisions are identical to provisions in HB 1785 (2024), CCS/HCS/SS/SCS/SB 72 (2023) and are substantially similar to provisions in SB 1293 (2024), SB 432 (2023), HB 750 (2023), SB 1219 (2022), in HCS/SS#2/SCS/SB 968 (2022), HB 2624 (2022), and HB 1151 (2021).
INFORMATION RECEIVED BY PROBATION & PAROLE OFFICERS (SECTION 559.125)
This act modifies provisions relating to privileged information received by probation or parole officers which shall not be receivable in any court except for criminal proceedings.
This provision is identical to a provision in HCS/HB 2700 (2024) and is substantially similar to a provision in SCS/SB 897 (2024), HB 1954 (2024), in CCS/HCS/SS/SCS/SB 72 (2023), HB 196 (2023), in HCS/SS#3/SB 22 (2023), in HB 1227 (2023), HCS/SS/SCS/SBs 189, 36 & 37 (2023), and in HCS/HB 776 (2023).
OFFENSES OF ENTICEMENT OF A CHILD & OFFENSE OF PATRONIZING PROSTITUTION (SECTION 566.151 & 567.030)
Under current law, a person over 21 years old commits the offense of enticement of a child if he or she persuades any person less than 15 years old to engage in sexual conduct. This act changes the age to less than 17 years old.
Additionally, this act modifies the offense of patronizing prostitution. If the person patronized for prostitution is ages 15 to 17 it shall be a class E felony and if the person is less than 15 years old it shall be a class B felony.
These provisions are identical to provisions in SS#2/SCS/SB 811 (2024), in SCS/SB 897 (2024), in SB 906 (2024), in SB 1245 (2024), in SB 1398 (2024), in HB 1450 (2024), in HB 1541 (2024), in HCS/SS#3/SB 22 (2023), in CCS/HCS/SS/SCS/SB 72 (2023), in HCS/HB 454 (2023), in HS/HCS/HBs 1108 & 1181 (2023), in HB 1637 (2022), in SCS/HB 2088, HB 1705 & HCS/HB 1699 (2022), and in SCS/HB 2697, HB 1589, HB 1637 & HCS/HB 2127 (2022), and are similar to provisions in SB 1398 (2024) and in HCS/HBs 1706 & 1539 (2024).
CRIME VICTIMS' COMPENSATION FUND (SECTIONS 595.045)
This act adds that a person who pleads guilty to a class E felony shall pay a fee of $46 payable to the Crime Victims' Compensation Fund.
This provision is identical to a provision in SCS/SB 897 (2024), in HCS/HB 2700 (2024), in HCS/SS#3/SB 22 (2023), in CCS/HCS/SS/SCS/SB 72 (2023), and in HS/HCS/HBs 1108 & 1181 (2023).
KATIE O'BRIEN