HCS#2 HB 1692, 1209, 1405, 1499, 1535 & 1811 -- JUSTICE SYSTEM

SPONSOR:  Stevenson

COMMITTEE ACTION:  Voted "do pass" by the Committee on Judiciary
by a vote of 9 to 0.

This substitute changes the laws regarding courts and judges,
adoptions, reports of child abuse and neglect, child support
service fees, and judicial proceedings.

COURTS AND JUDGES

The substitute:

(1)  Prohibits the Department of Revenue from releasing the
home address or any other information contained in the motor
vehicle or driver registration records of any state or federal
judge or his or her immediate family members.  Any state or
federal judge is allowed to request the issuance of a special
license plate or driver's license (Sections 32.056 and 301.146,
RSMo);

(2)  Specifies that the coroner must inform the appropriate
prosecuting attorney of the results of an inquisition regarding
the death of any person by a felonious act.  Currently, the
coroner must inform one or more associate circuit judges when he
or she completes the inquisition (Section 58.370);

(3)  Specifies that "summer camp," as it relates to the State
Legal Expense Fund, means a program operated only between May and
September by a person or organization with the primary function
of providing a summer recreational program for children from five
to 18 years of age (Section 105.711); and

(4)  Specifies that a voluntary acknowledgment of paternity will
be a closed public record, but a copy must be available to
certain specified persons (Section 193.087).

ADOPTION RECORDS (Sections 193.125, 193.128, 193.132, and
193.255)

The substitute changes the laws regarding adoption records.  For
adoptions instituted or completed on or after August 28, 2010,
the substitute:

(1)  Allows any adopted person who is at least 18 years of age to
submit an application to the State Registrar and, upon receiving
the application, be issued a copy of his or her original,
unaltered birth certificate and adoption records.  Currently, the
registrar can only open an adoption file if a certified copy of a
court order has been issued;

(2)  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
the appropriate proof of identification.  The adopted person must
be at least 18 years of age and have been born in Missouri;

(3)  Requires the State Registrar to develop and, upon request,
provide each birth parent with a contact preference form and a
medical history form.  If a contact preference form is filed with
the registrar, a medical history form must also be filed;

(4)  Requires the State Registrar, upon receipt of the completed
contact preference and medical history forms, to attach the forms
to the original birth certificate of the adopted person.
Completed contact preference and medical history forms have the
same level of confidentiality as the original birth certificate;
and

(5)  Requires the adopted person to agree in writing to abide by
the birth parent's preference stated in the contact preference
form if it is attached to the adopted person's original birth
certificate.  The State Registrar must also provide a medical
history form if it was completed by the birth parent.

For adoptions instituted or completed prior to August 28, 2010,
the substitute:

(1)  Requires a copy of the medical history form, which has had
all identifying information redacted, to be issued to the adopted
person;

(2)  Requires the State Registrar to release the original birth
certificate only if the birth mother is deceased.  If the birth
mother is not deceased, the registrar must, within three months
of application by the adopted person, make reasonable efforts to
contact the birth mother via telephone, personally and
confidentially, to obtain the birth mother's consent or denial to
release the original birth certificate.  The registrar may charge
the actual costs for the search of the birth mother to the
adopted person; and

(3)  Allows the adopted person, if the birth mother could not be
contacted, to re-apply for a copy of his or her 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.  The State Register must not release the
certificate of birth until the birth mother submits a subsequent
written consent for release.

REPORTS OF CHILD ABUSE AND NEGLECT

The substitute:

(1)  Requires the local office of the Children's Division within
the Department of Social Services to update the information
system within 45 working days, instead of the current 30 days, of
the results of an investigation of a report of abuse or neglect.
If an investigation involving the death of a child cannot be
completed within 45 working days, the division is required to
update the information system at regular intervals and upon
completion of the investigation.  The division is prohibited from
entering a determination into the Central Registry until the
alleged perpetrator fails to request a review by the Child Abuse
and Neglect Review Board or a trial de novo in the circuit court
within 30 days or a determination is made by the board that the
alleged perpetrator has committed child abuse or neglect (Section
210.145);

(2)  Allows an alleged perpetrator to have access to his or her
investigation records one year after the division provided
written notice to the prosecuting attorney in the jurisdiction
where the act is alleged to have occurred.  The prosecuting
attorney may petition the circuit court to extend the one-year
period for good cause shown for a time as the court may determine
is necessary to complete the investigation and to file any
appropriate charges (Section 210.150); and

(3)  Reduces, from 60 to 30 days, the period of time an alleged
perpetrator has from the date of receipt of a notice of
determination by the division to seek a reversal through a review
by the board.  In cases where criminal charges arising out of the
investigation are pending, the request for review must be made
within 30 days from when an indictment is returned, an
information filed, the dismissal of the charges, or after the
division's release of its investigative report to the alleged
perpetrator (Section 210.152).

CHILD SUPPORT SERVICE FEES (Sections 454.425 and 454.548)

The substitute requires the Family Support Division within the
Department of Social Services to charge fees for certain child
support-related services including:

(1)  A nonrefundable $60 fee to an obligee or obligor who
requests the division to review a support order to determine
whether a modification of a support order is appropriate;

(2)  A nonrefundable fee to an obligee or obligor who requests
that the division modify a support order after the division has
determined that a modification is appropriate.  The fee will be
$175 if the requestor has an individual gross monthly income
equal to or greater than 250% but less than 400% of the federal
poverty level based on a household size of one or $350 if the
requestor has an individual gross monthly income equal to or
greater than 400% of the federal poverty level based on a
household size of one;

(3)  A $25 fee for submitting past-due child and spousal support
debts for collection through federal income tax refund offset.
The fee will only be assessed if the division collects support
using the offset; and

(4)  A $10 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.  Currently, the
division may charge this fee.

The review and modification fees must be waived if the requestor
has an individual gross monthly income of less than 250% of the
federal poverty level based on a household size of one, if the
requestor is or was receiving assistance under a state program
funded under Part A of Title IV of the federal Social Security
Act, or if the fee is prohibited by state or federal law.  The
collection fee through tax refund offset is waived if the obligee
is or was receiving assistance under a state program funded under
Part A of Title IV of the federal Social Security Act or if the
fee is prohibited by state or federal law.  The division is
authorized to change the amount of the review and modification
fees by administrative rule based on actual standardized costs in
accordance with state rules and regulations.

JUDICIAL PROCEEDINGS

The substitute:

(1)  Lowers the age limit for juvenile court jurisdiction for
state or local traffic violations from 15 l/2 to 15 years of age
(Section 211.031);

(2)  Specifies that the term "employment" does not include
services performed by a licensed real estate salesperson or
licensed real estate broker if substantially all, instead of the
current at least 80%, of the remuneration, whether or not paid in
cash, for the services performed, rather than to the number of
hours worked, is directly related to sales or other output,
including the performance of services, performed pursuant to a
written contract between the individual and the person for whom
the services are performed and the contract provides that the
individual will not be treated as an employee with respect to the
services for federal tax purposes (Section 288.034);

(3)  Requires the certificate of title for a new outboard motor
to contain both the year the motor was manufactured and the year
the dealer received the motor from the manufacturer (Section
306.532);

(4)  Changes the laws regarding the regulation of real estate
brokers and salespersons to include limited partnerships, limited
liability companies, and professional corporation and specifies
that "real estate broker" will include these types of companies
and "real estate salesperson" will include a single member
limited liability company, partnership, limited partnership,
association, professional corporation, or corporation (Sections
339.010 - 339.710);

(5)  Requires the Missouri Real Estate Commission within the
Department of Insurance, Financial Institutions and Professional
Registration upon receiving notice from the Department of Revenue
that a licensee is delinquent in paying his or her taxes to
immediately send a copy of the notice to the broker with which
the licensee is associated (Section 339.845 and Section 1);

(6)  Exempts a tenant from liability 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 unless the tenant caused the disaster (Section
441.645);

(7)  Allows the residence of a child to be relocated 60 days
after notice is provided to the court by any individual having
custody or visitation rights unless a parent files a motion
seeking an order to prevent the relocation within 30 days after
receiving the notice.  The motion contesting relocation must
contain an affidavit stating the specific facts for opposing the
relocation.  The person seeking relocation must file a response
including a counter-affidavit to any motion contesting relocation
within 14 days, unless extended by the court for good cause; and
the counter-affidavit must contain facts supporting the
relocation and a proposed revised parenting plan for the child
(Section 452.377);

(8)  Requires any pleading, other than the interlocutory or final
judgment, or any modification thereof, in a dissolution of
marriage, legal separation, or motion to modify filed before
August 28, 2009, to be subject to inspection only by the parties
or an attorney of record or upon order of the court for good
cause shown by any person or designee of a person licensed and
acting under Chapter 381 who must keep any information obtained
confidential except as necessary to the performance of functions
required under the chapter or by the Family Support Division
within the Department of Social Services when services are being
provided under Section 454.400.  Persons authorized to inspect
these documents are allowed to receive or make copies of the
documents without requiring the clerk to redact information
unless specifically ordered to do so by the court.  Upon a
request, the clerk must redact the Social Security number from
any filings, judgment, or pleading before releasing the
information to the public (Section 452.430);

(9)  Requires a lien on real estate that is obtained based on a
judgment or order for child support or maintenance or the notice
of garnishment and the writ of sequestration to state only the
last four digits of the obligor's Social Security number
(Sections 454.515 and 525.233);

(10)  Specifies that, notwithstanding any other provision of law
to the contrary, the public interest exception to the mootness
doctrine will apply to an appeal of a full order of protection
which has expired (Section 455.007);

(11)  Revises the definition of "adult household member" to be
any person 17 years of age or older and the definition of "child"
to be any person younger than 17 years of age as they relate to
child orders of protection (Section 455.501);

(12)  Allows a circuit court to appoint an extra circuit court
marshal if the average total inmate population in all facilities
operated by the Department of Corrections located in the circuit
is more than 1,500 during the previous two years.  Currently, the
court can appoint an extra marshal only when the total average
inmate population over the two-year period is more than 2,500
(Section 476.083);

(13)  Allows the decision whether the court or jury visits
property in any action for private nuisance where the amount in
controversy exceeds $1 million to be a matter of discretion.
Currently, if any party requests the court or jury to visit the
property, the court or jury is required to make a visit (Section
537.296);

(14)  Allows a warrant to search for the blood of a person
involved in an accident to be executed in any part of the state
where the person whose blood is the subject of the warrant is
found regardless of when the person moves or is taken out of the
territorial jurisdiction of the court issuing the warrant
(Section 542.286); and

(15)  Exempts all prosecuting attorneys, assistant prosecuting
attorneys, circuit attorneys, and assistant circuit attorneys who
have completed the firearms safety training course required under
Section 571.111 from the general prohibition on carrying
concealed firearms and from certain other restrictions in Section
571.030 (Section 571.030).

The provisions regarding outboard motor certificate of titles
become effective January 1, 2011.

FISCAL NOTE:  Estimated Effect on General Revenue Fund of a cost
of Unknown less than $345,797 in FY 2011, an income of $65,144 to
$645,203 in FY 2012, and an income of $67,157 to $664,618 in
FY 2013.  Estimated Income on Other State Funds of $57,750 in
FY 2011, $70,686 in FY 2012, and $72,072 in FY 2013.

PROPONENTS:  Supporters of House Bill 1692 say that the bill will
allow real estate agents to operate in any form they desire and
give them more flexibility in their operational structure.

Supporters of House Bill 1209 say that the bill will allow a
circuit court to appoint an extra circuit court marshal.

Supporters of House Bill 1405 suggested merging the provisions of
the bill with House Bill 2046 so a clerk will not have to redact
all the information when copies are being made for a title
inspection.

Supporters of House Bill 1499 say that the meaning of "summer
camp" needs to be clarified in order to better assess claims.

Supporters of House Bill 1535 say that the Kansas City
prosecutors support the intent of the bill.

Supporters of House Bill 1811 say that it would be a good idea to
give these public officials the opportunity to request a special
license plate to protect their identity and suggested adding
family court commissioners as well.

Testifying for HB 1692 were Representative Smith (150); Lewis
Melahn, Missouri Association of Realtors; and Missouri
Association of Realtors.

Testifying for HB 1209 was Representative Day.

Testifying for HB 1405 were Representative Cox; Jean Maneke,
Missouri Press Association; and Missouri Land Title Association.

Testifying for HB 1499 were Representative Sater; and Office of
the Attorney General.

Testifying for HB 1535 were Representative Fischer (107); and
Missouri State Council of Fire Fighters.

Testifying for HB 1811 were Representative Riddle; Dan O'Hearn,
Judicial Conference; and Roy Richter.

OPPONENTS:  Those who oppose House Bill 1405 say that there are
public safety concerns regarding the release of information
contained in family court files, and the redaction requirement
will increase the workload of court clerks.

There was no opposition voiced to the committee on House Bill
1692, House Bill 1209, House Bill 1499, House Bill 1535, and
House Bill 1811.

Testifying against HB 1405 were Missouri Coalition Against
Domestic and Sexual Violence; and Missouri Circuit Clerk's
Association.

Missouri House of Representatives
95th General Assembly, 2nd Regular Session
Last Updated September 14, 2010 at 3:11 pm