HCS SB 516 -- JUDICIAL PERSONNEL AND PROCEDURES

SPONSOR:  Goodman (Pratt)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Judiciary
by a vote of 11 to 0.

This substitute changes the laws regarding corporations, judicial
personnel and procedures, and false and deceptive business
practices.

CERTIFIED MAIL

"Certified mail," as it relates to the laws of this state, is
defined to include any package or letter carried by a delivery
service that allows a sender or recipient to electronically track
its location.

CORPORATIONS

The substitute 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, 2008, a
corporation will also be allowed to file a corporate registration
report on a biennial basis.  A corporation incorporated in an
even-numbered year may only file a report in an even-numbered
year, and a corporation 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 authorized to charge a $45 fee for a
corporate filing of the original articles of organization in an
electronic format.

REAL PROPERTY TRANSFERS TO COUNTIES

Water and sewer line easements are prohibited from being
considered as transfers of title of real property to counties;
therefore, these easements will not need to be proved or
acknowledged to be valid if authorized for recording by the
county commission.

CHILD CUSTODY

To determine which state has proper jurisdiction to make an
initial determination of child custody, the substitute
establishes the following order of priority:

(1)  The state which is currently the home state of the child or
was the child's home state within six months immediately before
the commencement of a child custody proceeding if the child is
absent from the state, but a parent or person acting as a parent
continues to live in the state; or

(2)  The state in which the child and at least one parent have a
significant connection and substantial evidence concerning the
custody determination is available in the state; or

(3)  The state having an appropriate connection with the child.
A state having jurisdiction under the first two priorities may
decline to exercise its jurisdiction and transfer it to another
state if it is more convenient for the parties or if one of the
parties has engaged in misconduct necessitating a change.

"Home state" is defined as the state in which a child lived with
a parent or person acting as a parent for at least six
consecutive months immediately before the commencement of a child
custody proceeding.  In the case of a child younger than six
months of age, the term means the state in which the child lived
from birth with a parent or person acting as a parent.  A period
of temporary absence of any of these persons is considered as
part of the period.

Once a state court has made a custody determination, that state
keeps jurisdiction over all matters concerning the child unless:

(1)  A court of the state with jurisdiction determines that the
child or the child and a parent do not have a significant
connection with the state and evidence concerning the child's
custody determination is not available in the state; or

(2)  A court of the state with jurisdiction, or any other state,
determines that the child and both parents or acting parents do
not reside in the state any longer.

Once a custody determination has been made, a court of another
state does not have authority to modify the determination unless
the state with jurisdiction determines that it does not have
jurisdiction or any state court determines that the child,
parents, or any acting parents do not reside in the state which
currently has jurisdiction.

A state which does not otherwise have jurisdiction may enter a
temporary emergency order if the child is in danger and needs
immediate protection.  After issuing the order, the state court
should determine if there is an existing custody order from
another state in effect.  If there is an existing order, the
emergency court must allow a reasonable time period for the
parties to return to the state having jurisdiction and argue the
issues to the court with jurisdiction.  If there is no previous
child custody order in existence, the emergency court's order
will remain in effect until a determination is made in a court
having home state jurisdiction over the child.  If no
determination is made and the emergency court's state becomes the
home state of the child, the emergency order becomes a final
determination of custody.

CORPORATE NAME RESERVATIONS

Currently, the Secretary of State reserves a corporate name for
an applicant's exclusive use for a 60-day period.  The substitute
extends that holding period to a maximum of 180 days from the
date of the first application and prohibits the name from being
placed back in a reserve status.

STATE LEGAL EXPENSE FUND

The substitute allows physicians and dentists who provide medical
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, a nonprofit community health center, or any social
welfare board established under Section 205.770, RSMo, 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.

Any claim or judgment arising from these provisions is limited 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.

TRAFFIC VIOLATION REVENUES

Currently, if a city, town, or village receives more than 45% of
its total annual revenue from fines for traffic violations, all
revenue from these violations in excess of 45% must be sent to
the Department of Revenue.  The substitute reduces the amount to
35% of the annual general operating revenue, but includes court
costs for traffic violations in the amount.  Failure to send the
excess revenue to the department in a timely manner as determined
by the department director will result in the city, town, or
village being subject to an annual audit by the State Auditor.

FALSE OR DECEPTIVE BUSINESS PRACTICES

The substitute prohibits any person from advertising or
conducting a live musical performance in Missouri while using a
false, deceptive, or misleading affiliation between the
performing group and the original recording group.  The
substitute does not apply when:

(1)  One member of the performing group was a member of the
original recording group and has a legal right to advertise the
affiliation;

(2)  The performance is identified as a tribute or salute to the
original recording group;

(3)  The advertising does not relate to a performance to be held
in Missouri;

(4)  The performing group has express authorization from the
original recording group to use the affiliation; or

(5)  The performing group is an authorized registrant or owner of
a trademark for the original recording group name.

The Attorney General or prosecuting attorney is authorized to
bring an action for a temporary or permanent injunction against
any person in violation.  Any person found in violation will be
liable to the state for a civil penalty of $5,000 to $15,000 per
violation and may be required to pay restitution to the original
recording artist for any money acquired due to the false,
deceptive, or misleading affiliation between the performing group
and the original recording group.

The substitute allows the Attorney General to bring a cause of
action for unlawful merchandising practices when a financial
institution's name is deceptively used.

Donation receptacles operating for profit are required to display
on the receptacle that the donations are not for charitable
organizations and will be resold for profit.  A violation of this
provision will be considered an unfair business practice under
Section 407.202.  If any of the proceeds from resale are donated
to a not-for-profit organization, the donation receptacle must
display the percentage of proceeds donated and the name of the
not-for-profit organization.

REGULATION OF ATTORNEY ADVERTISING

The substitute regulates the practice of television advertising
by attorneys and establishes the conditions for false and
misleading advertising practices.

COMPENSATION OF COURT-APPOINTED MARSHALS

Marshals appointed for the courts of appeal are required to be
compensated at the same amount as the highest salary for marshals
of circuit courts.

ANNUAL JUDICIAL REPORTS

The required annual report of the Judicial Finance Commission is
allowed 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.

CIRCUIT CLERK OF GREENE COUNTY

Currently, the circuit clerk for Greene County is elected.  The
substitute requires that the clerk be appointed by a majority of
the circuit and associate circuit judges of that circuit and may
be removed for cause by a majority of judges.  The circuit clerk
in office on the effective date of the substitute will serve the
remainder of his or her term as if appointed.

CIRCUIT COURT JUDGES

The substitute authorizes the addition of one circuit court judge
in the 31st Judicial Circuit in Greene County beginning
January 1, 2008, and the addition of one circuit court judge in
the 16th Judicial Circuit in Jackson County beginning January 1,
2008.  The circuit judge for the 16th Judicial Circuit will sit
in the City of Independence.

DRUG COURT COMMISSIONER

The appointment of a drug court commissioner in the 16th Judicial
Circuit in Jackson County is authorized beginning July 1, 2008.
Compensation for the commissioner will be payable by the state
without necessity for reimbursement.

FAMILY COURT COMMISSIONER

The substitute allows the 31st Judicial Circuit composed of
Greene County to appoint one family court commissioner whose
compensation will be paid by the state.

ADMINISTRATIVE ADJUDICATION OF CODE VIOLATIONS IN KANSAS CITY

The City of Kansas City is authorized to establish an
administrative system for adjudicating parking and other civil,
nonmoving municipal code violations.  Currently, only the City of
St. Louis is allowed to establish a system.

UNAUTHORIZED PRACTICE OF LAW

The substitute increases the penalty for the unauthorized
practice of law from a misdemeanor to a class A misdemeanor.

NOTARIES PUBLIC

The substitute allows an attorney to serve as a notary public
until his or her commission is revoked.  Currently, a notary
public serves a four-year term and is required to renew his or
her status at the end of that term.  An attorney will be required
to submit a one-time notary fee of $75 and a $10 fee to the
Secretary of State's Technology Trust Fund.  Notary status for an
attorney will be revoked if the attorney's law license is
suspended, revoked, or terminated.  The Secretary of State is
authorized to establish rules for the implementation of the
substitute.

JURY SERVICE

Currently, upon timely application to the court, health care
providers are excused from jury service.  The substitute removes
this provision and allows the court at its discretion to excuse a
health care provider if he or she makes timely application to the
court and provides a written statement certifying that he or she
is providing critical health care services to patients.  The
substitute also disqualifies licensed attorneys from jury
service.

SERVICE OF SUMMONS

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.  The substitute
changes the 30-day requirement to 60 days.

LANDLORD-TENANTS

Landlords are exempt from liability for any damage to personal
property resulting from the enforcement of a judgment granting
possession of the property.  Landlords are given the right to
dispose of the personal property in any manner they consider
reasonable.  The landlord must make a reasonable effort to notify
a third party of any property left by the tenant that bears a
conspicuous permanent label or marking identifying it as the
property of the third party and give the third party five
business days after the date of execution for recovery of the
property.

Currently, any landlord organized as a corporation that owns and
manages rental property cannot bring an action to remove a tenant
without being represented by an attorney.  The substitute
authorizes corporations or unincorporated associations to be
represented in court by the president or vice-president of the
entity for any rent and possession action.

SEXUAL OFFENDERS

The substitute makes it a class A misdemeanor for a first offense
and a class D felony for a second or subsequent offense for
certain sexual offenders to serve as an athletic coach, manager,
or trainer for any sports team with children younger than 17
years of age.

BUSINESS ORGANIZATIONS

An additional method for the dissolution of a limited liability
company (LLC) is authorized in the event that there are no
members and the LLC is not already dissolved and not required to
be wound up.  The substitute also changes the definition of
"issuing public corporation" in the general provisions for
business corporations in Section 351.015 and defines "domestic
corporation" as a corporation incorporated under Missouri laws in
the merger and consolidation provisions in Section 351.459.

TRADEMARK REGISTRATIONS

The registration of a trademark must 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.  The substitute allows a single
application for the registration of the same trademark for goods
or services in multiple classes.

ORDERS OF PROTECTION

The circuit clerk is required to notify by phone an individual
who is petitioning for an ex parte order of protection when the
order has been served or if no more attempts to serve are planned
if the petitioner has opted to register a phone number with the
victim notification system established in Section 650.310.  All
attempts to serve orders of protection must be tracked by the
agency responsible for serving the order.

LEGAL SERVICES FOR NEEDY PERSONS

The substitute allows public officials or employees, who are
otherwise prohibited from practicing law during their tenure in
office, to provide legal services to needy persons if the
services are provided without compensation.

SCRAP METAL SALES

Purchasers or collectors of scrap metal are required to keep a
written or electronic register for each purchase or trade of
scrap metal exceeding $50 or 50 pounds.  A separate record must
be kept for each transaction involving copper, aluminum wire, or
cable.  Every record must contain a copy of the driver's license
or other state or federally issued identification from whom the
metal is purchased and the date, time, place, weight, and full
description of each purchase or trade.  A person will be guilty
of a class A misdemeanor for violating these provisions.

POSSESSION OF CONTROLLED SUBSTANCES

The substitute increases the penalty for possession of a
controlled substance to a class B felony for any violation by an
individual while in the presence of a person younger than 17
years of age.  The possession of amphetamine or methamphetamine
is added to the list of violations for child endangerment.

STATUTE OF LIMITATIONS

The statute of limitations will be two years for an injurious
falsehood.

ADULT ABUSE AND STALKING

Any court may order a court record closed that involves
allegations of adult abuse or stalking if the petition is denied,
dismissed, withdrawn by the petitioner, or denied after hearing.
The substitute also changes the definition of "adult" to anyone
17 years of age or older for the purposes of the adult abuse
statutes.

CHANGE OF NAME

A person convicted of a felony who is in prison is prohibited
from changing his or her name until his or her sentence has been
completed.

The provisions of Section 302.341.2 regarding traffic violation
revenues become effective January 1, 2010, for any city, town, or
village located in Jackson County.

FISCAL NOTE:  Estimated Effect on General Revenue Fund of an
income of Up to $668,613 to Up to $768,613 in FY 2008, a cost of
More than $378,389 to More than $478,398 in FY 2009, a cost of
More than $841,058 to More than $941,058 in FY 2010.  Estimated
income on Other State Funds of $112,500 in FY 2008, $77,500 in
FY 2009, and $0 in FY 2010.

PROPONENTS:  Supporters say that the bill allows associate
circuit courts extra time for the service of a summons.
Currently, the court must serve notice for the defendant to
appear in court no less than 10 days and no more than 30 days
prior to the court date.  When the petition is filed with the
clerk, it is stamped with the date; and service must be made to
the defendant within a specific period of time.  However, by the
time it reaches 30 days from the court date, the court must ask
for an alias summons and hire a special process server to serve
the defendant's notice to appear since the time required in the
current statute for service of a summons has passed.

Testifying for the bill was Representative Pratt for Senator
Goodman.

OPPONENTS:  There was no opposition voiced to the committee.

Missouri House of Representatives
94th General Assembly, 1st Regular Session
Last Updated July 25, 2007 at 11:22 am