HCS SS SB 1058 -- JUDICIAL PROCEDURES AND PERSONNEL

SPONSOR:  Loudon (Pratt)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Judiciary
by a vote of 12 to 0.

This substitute changes the laws regarding judicial procedures
and personnel.  In its main provisions, the substitute:

(1)  Allows physicians and dentists who provide specialty care
without compensation and who were referred by his or her city or
county health department, city health department operating under
a city charter, combined city-county health department, or a
nonprofit community health center to be included in the list for
whom the State Legal Expense Fund is available.  The fund is not
available to a physician who performs an abortion procedure;

(2)  Limits claims arising out of Section 105.711, RSMo, to a
maximum of $1 million based upon the same act or acts in a single
cause of action and $1 million for any one claimant.  Liability
or malpractice insurance will not be considered available to pay
any portion of the judgment when the fund is liable;

(3)  Requires that marshals appointed for appellate courts be
compensated at the same amount as the highest salary set for
marshals of circuit courts;

(4)  Allows a corporation to change the month of its corporate
registration report by designating the desired month and paying
an additional $20 fee.  Beginning January 1, 2007, a corporation
will also be allowed to file a corporate registration report on a
biennial basis.  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;

(5)  Establishes the fee for filing a biennial corporate report
at $80 if filed in a written format and $30 for 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;

(6)  Allows an attorney to serve as a notary public until his or
her commission is revoked.  Notary status for an attorney will be
revoked if the attorney's law license is suspended, revoked, or
terminated;

(7)  Requires attorney notaries to submit a one-time notary fee
of $75 and a $10 fee to the Secretary of State's Technology Trust
Fund;

(8)  Exempts attorney notaries from the surety bond provisions of
the notary statute;

(9)  Revises the laws to reflect recent changes in the Uniform
Trust Code at the national level by limiting a settlor's ability
to represent and bind beneficiaries in actions to amend or
terminate trusts and adds a definition of "mandatory
distribution";

(10)  Changes cross references in the laws to conform with the
Missouri Prudent Investor Act;

(11)  Prevents special needs trusts from being subject to
termination by an agreement of the settlor and beneficiaries;

(12)  Protects discretionary interests in a trust from creditors;

(13)  Abolishes the Doctrine of Worthier Title to prevent
inadvertent disqualification of special needs trusts;

(14)  Redefines "power of withdrawal" for uniform trust purposes;

(15)  Modifies notice requirements for charitable beneficiaries;

(16)  Allows qualified beneficiaries to represent other
beneficiaries in actions to modify trust administrative
provisions;

(17)  Requires the registration of a trademark to be filed with a
signed statement that the registrant has a bona fide intention to
use the mark in commerce or in connection with the goods or
services listed in the application;

(18)  Allows a single application for the registration of the
same trademark for goods or services in multiple classes and
increases the registration fees from $50 to $75 for an
application, from $10 to $20 for its renewal, and from $50 to $75
for an assignment;

(19)  Requires a court, when it does not award a custody
arrangement requested by either parent of the child, to make a
written statement citing specific findings of fact and
conclusions as to why it is not in the best interest of the
child;

(20)  Changes the laws regarding the information Missouri
companies are required to provide or file with the Secretary of
State;

(21)  Requires a limited liability company to provide a physical
address in the company's articles of organization;

(22)  Requires a corporation to provide a physical address in the
company's annual corporate registration report;

(23)  Requires a corporation's registered agent to keep a
business office with a physical address identical to the
registered office address;

(24)  Requires any foreign corporation authorized to do business
in this state to keep a registered office with the same physical
address as its registered agent;

(25)  Allows for electronic transfer of child support payments;

(26)  Revises the provisions regarding liens on commercial rental
machines and equipment;

(27)  Authorizes a fee of $1.50 on a municipal court filing to be
deposited into the Basic Civil Legal Services Fund;

(28)  Authorizes a fee to be paid for cost-of-living adjustments
for court reporter transcriptions;

(29)  Authorizes Kansas City municipal courts to assess and
distribute to the municipality a $2 surcharge on any municipal
violation where the defendant pleads or is found guilty;

(30)  Allows a landlord to dispose of a tenant's personal
property, without recourse by the tenant, when the landlord is
enforcing a valid judgment for possession of the premises;

(31)  Sets the mandatory retirement age for municipal judges in
Kansas City at 65 years of age;

(32)  Establishes the unlicensed practice of law as a class A
misdemeanor;

(33)  Repeals the provisions authorizing the hiring of an
attorney by the circuit clerk in the City of St. Louis to assist
in the execution of his or her position as clerk;

(34)  Lowers the age for juvenile court jurisdiction over
children to 15 years of age for non-felony violations related to
state or municipal traffic ordinances or tobacco use;

(35)  Requires each county in the state to have at least one
full-time deputy circuit clerk;

(36)  Prohibits any judge not re-elected pursuant to the Missouri
Court Plan's retention election provision to be appointed or
serve as a senior judge or commissioner;

(37)  Repeals the provision requiring junk and second-hand
property dealers to keep a register for copper wire and cable
sales;

(38)  Prohibits persons from issuing or selling product service
agreements without registering with and paying a fee to the
Director of the Department of Insurance;

(39)  Establishes reserve requirements for service agreement
providers;

(40)  Requires providers of product service agreements to
maintain accurate records of every transaction for a period of at
least three years after the specified period of coverage has
expired;

(41)  Authorizes the Department of Public Safety to create a
program to distribute grants to multijurisdictional Internet
cyber-crime law enforcement task forces and other law enforcement
agencies;

(42)  Modifies the writ of attachment provisions regarding
witnesses in criminal cases and allows the court to discharge the
witness after paying a bond amount necessary to secure the
witness' future attendance in court;

(43)  Authorizes municipal courts to assess municipal court costs
to a consenting defendant in cases where the charges are dropped
or dismissed;

(44)  Defines "virtual visitation" as parenting time using a
telephone, e-mail, instant messaging, video conferencing, or any
other wired or wireless technologies over the Internet or other
communication media;

(45)  Requires the parties in a dissolution of marriage
proceeding to submit in their proposed parenting plan a specific
written schedule for virtual visitation, where appropriate;

(46)  Requires each parent, unless otherwise denied by court
order, to allow and encourage the other parent to have reasonable
and uncensored communications through virtual visitation between
a non-custodial parent and a child and between a child and the
custodial parent when the child is with the non-custodial parent;

(47)  Makes records and documents in connection with internal law
enforcement investigations relating to an officer's employment
status, fitness, or conduct closed records.  Records and
documents involving allegations of criminal conduct by an officer
are not subject to the closed records requirement;

(48)  Requires any entity failing to commence construction of a
solid waste processing facility within 60 months of receiving a
permit to build to obtain approval from the local jurisdiction
signifying that the subject of the permit is in compliance with
all applicable zoning, building, and health code ordinances.
Approval must be given prior to commencement of the construction;

(49)  Removes money-back guarantees and express product
warranties from oversight by the Department of Insurance;

(50)  Requires vehicle protection product warrantors to keep
accurate accounts, books, and records concerning transactions
regulated by the Missouri Vehicle Protection Product Act;

(51)  Prohibits a vehicle protection product warrantor from using
in its name, contracts, or literature the words "insurance,"
"casualty," "surety," or "mutual" unless licensed as an insurance
company;

(52)  Prohibits a person from selling or offering for sale a
vehicle protection product warranty unless it clearly states the
terms and conditions governing the cancellation of the sale and
warranty; and

(53)  Prohibits any person from selling or offering for sale any
vehicle protection product unless the warrantor acquires
insurance under a warranty reimbursement insurance policy or
maintains a net worth or stockholder's equity of $50 million.

The substitute contains an emergency clause.

FISCAL NOTE:  Estimated Income on General Revenue Fund of Unknown
less than $1,376,941 in FY 2007, Unknown less than $982,043 in
FY 2008, and Unknown less than $549,267 in FY 2009.  Estimated
Income on Other State Funds of Up to $1,455,661 in FY 2007, Up to
$1,646,152 in FY 2008, and Up to $1,564,584 in FY 2009.

PROPONENTS:  Supporters say that the bill addresses businesses
selling products with guarantees.  Money-back guarantees and
product express warranties differ from insurance contracts and
should not be regulated as such.  The bill removes regulatory
oversight by the Department of Insurance for product guarantees
and express warranties.

Testifying for the bill were Senator Loudon; and National Vehicle
Protection Association.

OPPONENTS:  There was no opposition voiced to the committee.

Alex Curchin, Legislative Analyst

Missouri House of Representatives
93rd General Assembly, 2nd Regular Session
Last Updated November 29, 2006 at 9:47 am