HCS HB 235, 171, 237, 238 & 292 -- COURT PROCEDURES

SPONSOR:  Stevenson

COMMITTEE ACTION:  Voted "do pass" by the Committee on Judiciary
by a vote of 10 to 0.

This substitute changes the laws regarding court procedures.  In
its main provisions, the substitute:

(1)  Extends the expiration date of the Statewide Court
Automation Fund fee from September 1, 2009, to September 1,
2019, and allows the Court Automation Committee to continue to
function until September 1, 2021;

(2)  Exempts a tenant from liability for rent payments during the
remainder of the term of the lease agreement when his or her
residence is destroyed by an act of God or other natural or
man-made disaster unless the tenant caused the disaster;

(3)  Removes the certified mail requirement for service of
summons in landlord tenant actions and replaces it with a regular
mail requirement;

(4)  Removes the 30-day provision regarding court summons and
requires a defendant to appear within 10 days.  Currently, a
court summons requires a defendant to appear before an associate
circuit judge no less than 10 days nor more than 30 days from the
date the summons was delivered;

(5)  Allows, beginning January 1, 2010, a corporation to file a
corporate registration report on a biennial basis and to change
the month of its corporate registration report by designating the
desired month and paying an additional $20 fee.  Corporations
incorporated in an even-numbered year may only file a report in
an even-numbered year, and corporations incorporated in an
odd-numbered year may only file a report in odd-numbered years.
The fee for filing the biennial report will be $80 if filed in a
written format and $30 if in an electronic format.  Any
corporation filing a biennial report must maintain the
registration for two years, but may choose to file an annual
registration in subsequent years.  The Secretary of State is
allowed to collect an additional $10 fee for each biennial
corporate report to be credited to the Secretary of State's
Technology Trust Fund Account;

(6)  Authorizes the Secretary of State to charge a $45 fee for a
corporate filing of the original articles of organization in an
electronic format;

(7)  Changes the deadline when the Secretary of State may
commence a proceeding to dissolve a corporation for failing to
deliver its corporate registration report to within 90 days after
it is due.  Currently, the Secretary of State may commence a
proceeding if the report is not delivered within 30 days after it
is due;

(8)  Allows the Secretary of State to administratively cancel the
articles of organization of limited liability companies and
limited liability partnerships if the period of duration on the
articles expires and the company or partnership does not amend
the articles in a timely manner.  The Secretary of State may
rescind a cancellation under certain circumstances;

(9)  Allows anyone 18 years of age or older who was found
incompetent under Section 632, RSMo, by admission either
voluntary or involuntarily into a mental health facility, to
petition the probate court for a removal of the disqualification
to purchase, possess, or transfer a firearm.  Individuals must
prove that they no longer suffer from the condition that rendered
them incompetent and that they pose no danger to themselves or
others;

(10)  Reclassifies all state court commissioners to associate
circuit court judges and adds associate circuit court judges in
the 16th, 20th, 31st, 38th, and 40th judicial circuits;

(11)  Creates a lien on trial de novo judgments entered by
associate circuit court judges;

(12)  Allows the required annual report of the Judicial Finance
Commission to be combined with any other annual report prepared
by the Missouri Supreme Court or the Office of State Courts
Administrator if it is distributed to the required parties;

(13)  Changes certain caseload reporting requirements for
municipal and associate circuit court judges;

(14)  Reduces various motor vehicle misdemeanors to infractions;

(15)  Requires court clerks to remove Social Security numbers
from certain family court filings;

(16)  Allows providers of targeted case management clients in the
Division of Developmental Disabilities within the Department of
Mental Health to be treated as agents of the division; and

(17)  Allows the costs and expenses related to the prosecution of
a suit by an indigent person to be waived without motion and
court approval if the person has enlisted the assistance of a law
student legal aid clinic to represent him or her.

FISCAL NOTE:  Estimated Cost on General Revenue Fund of
$1,469,913 in FY 2010, $2,218,307 in FY 2011, and $2,915,550 in
FY 2012.  Estimated Income on Other State Funds of $141,958 in
FY 2010, $266,750 in FY 2011, and $100,000 in FY 2012.

PROPONENTS:  Supporters of House Bill 235 say that the bill will
extend court automation enabling public services like Casenet to
continue.  Eliminating court automation would lead to information
taking months to get to the people who need it.

Supporters of House Bill 171 say that the bill will protect
tenants in cases where property is destroyed by a natural or
man-made disaster and should be under no responsibility to pay.

Supporters of House Bill 237 say that the bill will allow cases
to be heard faster and will lead to judicial efficiency and
timeliness in the administration of justice.

Supporters of House Bill 238 say that the bill will eliminate
duplicate filings and will lead to more efficiency in judicial
reporting.

Supporters of House Bill 292 say that the bill will reduce paper
and filing difficulties for small businesses.

Testifying for HB 235 were Representative Smith (150); Missouri
Bar; Dan O'Hearn, Missouri Judicial Commission; Office of State
Courts Administrator; and Phil Wright, Associate Circuit Court
Judges and Probate Judges.

Testifying for HB 171 were Representative Cox; Jessica Agnelli,
Missouri Trial Lawyers Care; and Missouri Association of Trial
Attorneys.

Testifying for HB 237 were Representative Smith (150); Missouri
Bar; and Dan O'Hearn, Missouri Judicial Commission.

Testifying for HB 238 were Representative Smith (150); and Dan
O'Hearn, Missouri Judicial Commission.

Testifying for HB 292 were Representative Jones (117); Office of
the Secretary of State; and Greater Kansas City Chamber of
Commerce.

OPPONENTS:  There was no opposition voiced to the committee.

Missouri House of Representatives
95th General Assembly, 1st Regular Session
Last Updated November 17, 2009 at 9:24 am