STATUS OF SELECTED BILLS INTRODUCED IN THE 2007 MISSOURI GENERAL ASSEMBLY

The Missouri Bar     P.O. Box 119     Jefferson City, MO  65102     Phone: (573) 635-4128     Fax: (573) 635-2811

May 2, 2008

 

  

Bill Number -- Sponsor -- Summary

Reviewed by Missouri Bar Legislative Subcommittees

Missouri Bar Board of Governors/
Executive Committee Position

Legislative Status

HB 1356                Flook, Tim
Imposes a $15 surcharge for motor vehicle moving traffic violations and creates the School Bus Safety Assistance Fund to assist schools in equipping buses with safety belts

Division Judicial Admin.

Criminal Law

In scope.  Oppose, consistent with Board of Governors’ policy re court costs.

1/09/08   Read First Time (H)

1/10/08   Read Second Time (H)

3/03/08   Referred: Transportation (H)

4/01/08   Public Hearing Completed (H)

HB 1358                Flook, Tim
Establishes the Uniform Child Custody Jurisdiction and Enforcement Act

Drafted by The Missouri Bar Family Law Section

Support.

1/09/08   Read First Time (H)

1/10/08   Read Second Time (H)

1/24/08   Referred: Judiciary (H)

2/05/08   Public Hearing Completed (H)

2/19/08   Exec. Session Completed - Voted Do Pass-Consent

2/27/08   Reported Do Pass by Consent (H)

2/27/08   Referred: Rules Pursuant to Rule 25(21)(f) (H)

3/03/08   Rules - Executive Session Completed (H)

3/03/08   Rules – Voted/Reported Do Pass - Consent (H)

3/11/08   Perfected by Consent/Pursuant to House Rules (H)

4/02/08   Third Read and Passed (H)

4/02/08   Reported to the Senate and First Read (S)

4/03/08   Second Rd/Refer: Judiciary Committee (S)

4/14/08   Public Hearing Held (S)

4/14/08   Executive Session Held (S) -- Voted Do Pass

5/01/08   Reported Do Pass (S)

HB 1359                Flook, Tim
Establishes the Uniform Premarital Agreement Act

Family Law

In scope.  Support.

1/09/08   Read First Time (H)

1/10/08   Read Second Time (H)

1/24/08   Referred: Judiciary (H

2/05/08   Public Hearing Scheduled, Bill not Heard (H)

2/12/08   Public Hearing Completed (H)

HB 1360                Flook, Tim
Changes the laws regarding the Interstate Family Support Act

Drafted by The Missouri Bar Family Law Section

Support.

1/09/08   Read First Time (H)

1/10/08   Read Second Time (H)

1/24/08   Referred: Judiciary (H)

2/12/08   Public Hearing Scheduled, Bill not Heard (H)

3/04/08   Public Hearing Completed (H)

HB 1417                Nance, Bob
Increases the limit in small claims court from $3,000 to $5,000

Division Judicial Admin.

Civil Practice & Procedure

In scope.  Support.

1/09/08   Read First Time (H)

1/10/08   Read Second Time (H)

1/17/08   Referred: Judiciary (H)

2/05/08   Public Hearing Completed (H)

HB 1441                Roorda, Jeff
Creates the Law Enforcement Safety Fund and authorizes a surcharge in certain criminal cases to fund a contribution system for certain law enforcement employees

Division Judicial Admin.

Criminal Law

In scope.  Oppose, consistent with Board of Governors’ policy re court costs.

1/09/08   Read First Time (H)

1/10/08   Read Second Time (H)

4/10/08   Referred: Crime Prevention and Public Safety (H)

HB 1454                Roorda, Jeff
Allows licensed ambulance services, emergency medical response agencies, and not-for-profit organizations which contract for ambulance services to establish peer review committees

Civil Practice & Procedure

Health & Hospital Law

Special Com. to Review the

    Status of Tort Law in MO

In scope.  Oppose.

1/09/08   Read First Time (H)

1/10/08   Read Second Time (H)

2/28/08   Referred: Judiciary (H)

HB 1469                Pratt, Bryan
Changes the laws regarding certain appeals to the Administrative Hearing Commission

Drafted by The Missouri Bar Environmental & Energy Law Committee

Support.

1/09/08   Read First Time (H)

1/10/08   Read Second Time (H)

1/17/08   Referred: Judiciary (H)

1/28/08   Public Hearing Completed (H)

1/28/08   Exec Session Completed Voted Do Pass - Consent

2/27/08   Reported Do Pass by Consent (H)

2/27/08   Referred: Rules Pursuant to Rule 25(21)(f) (H)

3/03/08   Rules – Voted/Reported Do Pass - Consent (H)

3/11/08   Perfected by Consent/Pursuant to House Rules (H)

4/02/08   Third Read and Passed (H)

4/02/08   Reported to the Senate and First Read (S)

4/03/08   Second Rd/Refer: Judiciary Committee (S)

4/14/08   Public Hearing Held (S)

4/14/08   Executive Session Held -- Voted Do Pass Consent

4/15/08   Reported Do Pass-Placed on 3rd Read Consent Cal.

HB 1497                McGhee, Mike
Increases from $20 to $35 the fee a sheriff may charge for serving any summons, writ, or other court order in any civil case

Division Judicial Admin.

Civil Practice & Procedure

In scope.  Support concept of adequate funding for sheriff’s offices; oppose funding mechanism.

1/09/08   Read First Time (H)

1/10/08   Read Second Time (H)

1/24/08   Referred: Judiciary Committee (H)

3/04/08   Public Hearing Completed (H)

HB 1498                McGhee, Mike
Authorizes corporations or unincorporated associations to be represented in court by the president or vice-president of the entity for certain actions to remove a tenant

Division Judicial Admin.

Property Law

Administrative Law

Professionalism

In scope.  Oppose.

1/09/08   Read First Time (H)

1/10/08   Read Second Time (H)

1/24/08   Referred: Judiciary Committee (H)

2/05/08   Public Hearing Completed (H)

HB 1515                Bruns, Mark J.
Prohibits a court from granting unsupervised visitation to any parent who is required to register as a sexual offender

Family Law

Division Judicial Admin.

In scope.  Oppose as drafted.  Support judicial discretion in determining appropriate child visitation rights, if any, of registered sex offenders.

1/09/08   Read First Time (H)

1/10/08   Read Second Time (H)

2/04/08   Referred: Crime Prevention and Public Safety (H)

3/04/08   Public Hearing Completed (H)

HB 1556                Hughes, Leonard
Increases the length of time from no later than 15 days to no later than 60 days after the birth of a child in which the father has to establish paternity prior to an adoption

Family Law

Division Judicial Admin.

Juvenile Law

In scope.  Support.

1/09/08   Read First Time (H)

1/10/08   Read Second Time (H)

2/28/08   Referred: Special Com. on Family Services (H)

HB 1561                LeVota, Paul
Changes the laws regarding mandatory child abuse reporting to include household witnesses of child abuse and neglect to the list of persons required to report child abuse

Division Judicial Admin.

Juvenile Law

Children & the Law

In scope.  Oppose.

1/09/08   Read First Time (H)

1/10/08   Read Second Time (H)

1/17/08   Referred: Special Com. on Family Services (H)

HB 1569                Franz, Ward
Allows counties to assess a fee up to $5 for the county law enforcement restitution fund for certain misdemeanors and infractions

Division Judicial Admin.

Criminal Law

In scope.  Oppose.

1/09/08   Introduced and Read First Time (H)

1/10/08   Read Second Time (H)

2/28/08   Referred: Local Government (H)

HB 1570                Franz, Ward
Adds the services of guardians ad litem to the priority list when a family court is determining how to spend moneys in the county family services and justice fund

Family Law

Division Judicial Admin.

Alternative Dispute Resolution

In scope.  Support.

1/09/08   Introduced and Read First Time (H)

1/10/08   Read Second Time (H)

1/17/08   Referred: Special Com. on Family Services (H)

2/06/08   Public Hearing Completed (H)

2/13/08   Executive Session Completed (H)

2/13/08   Voted Do Pass - Reported Do Pass by Consent (H)

2/13/08   Referred: Rules Pursuant to Rule 25(21)(f) (H)

2/21/08   Rules - Executive Session Completed (H)

2/21/08   Rules - Voted / Reported Do Pass Consent (H)

2/29/08   Perfected by Consent Pursuant to House Rules (H)

3/10/08   Third Read and Passed (H)

3/10/08   Reported to the Senate and First Read (S)

3/26/08   Second Rd/Refer: Judiciary Committee (S)

4/07/08   Public Hearing Scheduled, Bill not Heard (S)

4/14/08   Public Hearing Held (S)

4/14/08   Exec. Session Held - SCS Voted Do Pass Consent

4/15/08   SCS Reported Do Pass -- Placed on 3rd Read

                Consent Calendar (S)

HB 1587                Tilley, Steven
Disqualifies convicted felons from jury service even if their civil rights have been restored

Criminal Law

Division Judicial Admin.

Civil Practice & Procedure

In scope.  Oppose.

1/09/08   Introduced and Read First Time (H)

1/10/08   Read Second Time (H)

1/24/08   Referred: Judiciary (H)

2/05/08   Public Hearing Scheduled, Bill not Heard (H)

3/04/08   Public Hearing Scheduled, Bill not Heard (H)

HB 1611                Dixon, Bob
Establishes a children's bill of courtroom rights that applies to all children testifying in court

Division Judicial Admin.

Family Law

Civil Practice & Procedure

Criminal Law

Children & the Law

In scope.  Oppose as drafted.

Support judicial discretion in enforcement of existing child witness protection laws.

1/10/08   Introduced and Read First Time (H)

1/14/08   Read Second Time (H)

2/21/08   Referred: Special Com. on Family Services (H)

2/27/08   Public Hearing Completed (H)

3/05/08   Exec. Session Completed/Voted Do Pass-Consent

3/06/08   HCS Reported Do Pass by Consent (H)

3/06/08   Referred: Rules Pursuant to Rule 25(21)(f) (H)

3/11/08   Rules - Voted / Reported Do Pass - Consent (H)

3/26/08   Perfected by Consent Pursuant to House Rules (H)

4/02/08   Third Read and Passed (H)

4/02/08   Reported to the Senate and First Read (S)

4/03/08   Second Rd/Refer: Judiciary Committee (S)

4/17/08   Public Hearing Scheduled (S) 4/21/08

4/21/08   Public Hearing Held (S)

HB 1621                Yates, Brian David
Eliminates the Legal Services for Low-Income People Fund and authorizes the transfer of certain moneys in the Tort Victims' Compensation Fund into the Basic Civil Legal Services Fund

Drafted by The Missouri Bar Delivery of Legal Services Committee

Support.

1/10/08   Introduced and Read First Time (H)

1/14/08   Read Second Time (H)

2/28/08   Referred: Judiciary (H)

3/11/08   Public Hearing Scheduled, Bill not Heard (H)

3/26/08   Public Hearing Scheduled, Bill not Heard (H)

4/01/08   Public Hearing Completed

HB 1623                Franz, Ward
Allows counties not participating in the Missouri Nonpartisan Court Plan to collect a surcharge in civil cases to be used for courthouse security purposes

Division Judicial Admin.

Civil Practice & Procedure

In scope.  Oppose, consistent with Board of Governors’ policy.  Support concept of adequate security in state courthouses.

1/10/08   Introduced and Read First Time (H)

1/14/08   Read Second Time (H)

1/24/08   Referred: Judiciary (H)

2/05/08   Public Hearing Completed (H)

HB 1725 - Villa, Thomas
Removes health care providers from the mandatory exclusion from jury duty and allows the court to excuse a health care provider from jury service at the court's discretion

Division Judicial Admin.

Civil Practice & Procedure

In scope.  Support.

1/17/08   Introduced and Read First Time (H)

1/22/08   Read Second Time (H)

2/14/08   Referred: Judiciary (H)

2/26/08   Public Hearing Completed (H)

HB 1728 - Bivins, Walt
Changes the laws regarding strategic litigation against public participation

Division Judicial Admin.

Local Government Law

Tort Law

Tort Review

In scope, except for cause of action created by § 537.528.8.  No position on immunity provisions. Oppose further erosion of the American Rule; share drafting comments.

1/17/08   Introduced and Read First Time (H)

1/22/08   Read Second Time (H)

2/28/08   Referred: Judiciary (H)

3/26/08   Public Hearing Scheduled, Bill not Heard (H)

4/01/08   Public Hearing Completed (H)

HB 1741 - Meiners, Kate
Allows persons 65 years of age or older and individuals with disabilities to choose to be excused from jury service for a two-year period or permanently

Division Judicial Admin.

Civil Practice & Procedure

Elder Law

In scope.  Oppose; share comments.

1/17/08   Introduced and Read First Time (H)

1/22/08   Read Second Time (H)

4/03/08   Referred: Judiciary (H)

HB 1772                Jones, Kenny
Allows various political entities to establish automated photo red light enforcement systems to detect red light signal violations

Criminal Law

Local Government Law

In scope.  Oppose; share comments.

1/22/08   Introduced and Read First Time (H)

1/23/08   Read Second Time (H)

4/03/08   Referred: Transportation (H)

4/08/08   Public Hearing Completed (H)

HB 1801                Daus, Michael
Exempts landlords from liability for damage to a person's property that results from enforcement of a judgment granting possession and gives landlords the right to dispose of the property

Delivery of Legal Services

Property Law

In scope.  Oppose

1/23/08   Introduced and Read First Time (H)

1/24/08   Read Second Time (H)

3/10/08   Referred: Judiciary (H)

3/26/08   Public Hearing Completed (H)

HB 1850                Pratt, Bryan
Establishes the Asbestos and Silica Claims Priorities Act

Division Judicial Admin.

Civil Practice & Procedure

Tort Law

Tort Review

In scope.  Oppose.

(John Johnston abstains)

1/24/08   Introduced and Read First Time (H)

1/28/08   Read Second Time (H)

2/07/08   Referred: Judiciary (H)

2/19/08   Public Hearing Completed (H)

3/04/08   Executive Session Completed (H)

3/04/08   Motion to Do Pass Failed (H)

3/05/08   Executive Session Completed (H)

                 Motion To Reconsider Failed

HB 1877                Cunningham, Jane
Gives the local board of education authority to identify a designee to bind the school district in a settlement agreement reached during the resolution session regarding a special education placement

Education Law

Administrative Law

In scope.  Support.

1/28/08   Introduced and Read First Time (H)

1/29/08   Read Second Time (H)

2/12/08   Referred Elementary and Secondary Education (H)

2/20/08   Public Hearing Completed (H)

2/20/08   Executive Session Completed (H)

2/20/08   HCS Voted Do Pass - Consent (H)

2/25/08   HCS Reported Do Pass by Consent (H)

NOTE:  This Bill Replaced with a Substitute Bill

Check Primary Bill HB1876 - SCS HCS HB 1876 & 1877

HB 1894                Jones, Timothy W.
Requires delivery of a certified copy of a warrant and request for a detainer to the confined offender's facility before a prisoner can request a final disposition of any untried indictment or complaint

Criminal Law

Division Judicial Admin.

In scope.  Oppose; share comments.

1/29/08   Introduced and Read First Time (H)

1/30/08   Read Second Time (H)

2/28/08   Referred: Judiciary (H)

3/11/08   Public Hearing Completed (H)

HB 1900                Harris, Belinda
Changes the laws regarding the relocation of a child by a custodial parent

Family Law

Division Judicial Admin.

In scope.  Support.

1/29/08   Introduced and Read First Time (H)

1/30/08   Read Second Time (H)

2/28/08   Referred: Judiciary (H)

HB 1970                Wasson, Jay
Prohibits a person from initiating a civil action against any licensed motor vehicle dealer with whom the person did not directly and personally negotiate or communicate

Tort Review

Tort Law

Civil Practice & Procedure

Division Judicial Admin.

Commercial Law

In scope.  Oppose; provide comments.

2/04/08   Introduced and Read First Time (H)

2/05/08   Read Second Time (H); Referred: Spec Com on

                 Professional Registration & Licensing (H)

2/07/08   Public Hearing Completed (H)

2/07/08   Executive Session Completed / Voted Do Pass (H)

2/13/08   Reported Do Pass (H)

2/13/08   Referred: Rules Pursuant to Rule 25(21)(f) (H)

2/18/08   Rules - Executive Session Completed (H)

2/18/08   Rules - Voted / Reported Do Pass (H)

2/25/08   Perfected with Amendments (H) HA 1 Adopted

2/28/08   Third Read and Passed (H) -- Ayes: 113; Noes: 37

2/28/08   Reported to the Senate and First Read (S)

3/03/08   Second Read / Refer: Commerce, Energy, and

                 Environment Committee (S)

4/17/08   Public Hearing Held (S)

4/17/08   Executive Session Held; Reported Do Pass (S)

4/29/08   Truly Agreed To & Finally Passed-Yeas 33; Nays 0

HB 2301                Hunter, Steve
Amends Supreme Court Rules to make membership in The Missouri Bar optional for lawyers

Division Judicial Admin.

Professionalism

In scope.  Oppose

2/28/08   Introduced and Read First Time (H)

2/29/08   Read Second Time (H)

3/06/08   Referred: Special Committee on General Laws (H)

HJR 41                  Cunningham, Jane
Proposes a constitutional amendment prohibiting state courts from levying or imposing new or increased taxes, licenses, or fees without legislative or voter approval

Division Judicial Admin.

Local Government Law

Taxation Law

Education Law

In scope.  Oppose.

1/09/08   Read First Time (H)

1/10/08   Read Second Time (H)

1/17/08   Referred: Special Committee on General Laws (H)

1/29/08   Public Hearing Completed (H)

2/19/08   Exec. Session Completed / HCS Voted Do Pass (H)

2/27/08   HCS Reported Do Pass (H)

2/27/08   Referred: Rules Pursuant to Rule 25(21)(f) (H)

3/03/08   Rules -- Executive Session Completed (H)

3/03/08   Rules – Voted/Reported Do Pass (H)

3/11/08   Adopted / Perfected (H)

3/13/08   Taken Up for Third Reading – Laid Over (H)

4/03/08   Third Read and Passed (H)

4/07/08   Reported to the Senate and First Read (S)

4/08/08   Second Rd/Refer: Senate Judiciary Committee (S)

4/22/08   Re-referred to Committee on Pensions, Veterans'

                Affairs and General Laws (S)

HJR 49                  Cox, Stanley
Proposes a constitutional amendment increasing the number of Governor-appointed citizens serving on the Appellate Judicial Commission

Division Judicial Admin.

In scope.  Oppose.

1/09/08   Read First Time (H)

1/10/08   Read Second Time (H)

1/17/08   Referred: Special Committee on General Laws (H)

2/05/08   Public Hearing Continued (H)

2/12/08   Public Hearing Continued (H)

2/26/08   Public Hearing Completed (H)

3/11/08   HCS Voted / Reported Do Pass (H)

3/11/08   Referred: Rules Pursuant to Rule 25(21)(f) (H)

3/31/08   Rules - Voted Do Pass / Reported Do Pass (H)

4/14/08   HCS Adopted (H)

4/14/08   Perfected with Amendments (H)

                 HA 2 Adopted -- Ayes: 80 -- Noes: 63

4/17/08   Third Read and Defeated (H)

HJR 51                  Lembke, Jim
Proposes a constitutional amendment abolishing the Commission on Retirement, Removal and Discipline; makes service of judges past retirement age not subject to petition or appeal process

Division Judicial Admin.

In scope.  Oppose.

1/09/08   Read First Time (H)

1/10/08   Read Second Time (H)

1/17/08   Referred: Special Committee on General Laws (H)

HJR 52                  Lembke, Jim
Proposes constitutional amendment abolishing the nonpartisan Judicial Commission and establishing a bi-partisan judicial merit selection commission for each judicial entity

Division Judicial Admin.

In scope.  Oppose.

1/09/08   Read First Time (H)

1/10/08   Read Second Time (H)

1/17/08   Referred: Special Committee on General Laws (H)

2/26/08   Public Hearing Completed (H)

See:  Related HCS HJR 49

HJR 56                  Emery, Edgar G. H.
Proposes a constitutional amendment requiring all impeachments to be tried by the Senate

Division Judicial Admin.

In scope.  Oppose.  Politicizes impeachment process.

1/14/08   Introduced and Read First Time (H)

1/15/08   Read Second Time (H)

2/14/08   Referred: Special Committee on General Laws (H)

4/22/08   Public Hearing Completed (H)

HJR 66                  Walton, Juanita Head
Proposes a constitutional amendment changing the qualifications and process for selecting judges

Division Judicial Admin.

In scope.  Oppose.

2/07/08   Introduced and Read First Time (H)

2/11/08   Read Second Time (H)

2/14/08   Referred: Special Committee on General Laws (H)

2/26/08   Public Hearing Completed (H)

See:  Related HCS HJR 49

SB 730                  Griesheimer

Establishes municipal court in Franklin County alters the hold harmless provisions of foundation formula to compensate for creation of court

Division Judicial Admin.

Local Government Law

Education Law

In scope.  Support concept of adequate judiciary.

1/09/08   S First Read

1/10/08   Second Read and Referred S Education Committee

SB 733                  Champion

Requires crime laboratories providing reports or testimony to a state court to be accredited

Criminal Law

Local Government Law

In scope.  Support concept.

1/09/08   S First Read

1/10/08   Second Read and Referred S Judiciary Committee

1/22/08   Hearing Conducted S Judiciary Committee

3/10/08   Voted Do Pass S Judiciary Committee - Consent

3/13/08   Reported from S Judiciary Com. to Floor- Consent

4/02/08   Third Read and Passed - Consent S

4/02/08   First Read (H)

4/03/08   Second Read (H)

4/07/08   Referred H Crime Prevention & Public Safety

4/10/08   Hearing Conducted HCS Voted/Reported Do Pass

                 Crime Prevention & Public Safety Com.-Consent

4/10/08   Referred to Rules Com. pursuant to Rule 25(26)(f)

4/14/08   Rules--Voted Do Pass / Reported Do Pass-Consent

5/05/08   H Consent Calendar w/HCS

SB 745                  Days

Authorizes a court to appoint a standby guardian for a minor or an incapacitated adult

Family Law

Probate & Trust Law

In scope.  Support, with drafting suggestion

1/09/08   S First Read

1/10/08   Second Read and Referred S Judiciary Committee

SB 757                  Engler

Provides for nonpartisan elections of judicial candidates and forbids such candidates from being affiliated with any political party

Division Judicial Admin.

Local Government Law

In scope.  Oppose; free speech concerns.

1/09/08   S First Read

1/10/08   Second Read and Referred: S Financial & Govern-

                 mental Organizations and Elections Committee

2/18/08   Hearing Conducted S Financial & Gov Orgs Com

3/03/08   Voted Do Pass S Financial & Gov Orgs Com

SB 767                  Goodman

Modifies provisions relating to the public defender system

Criminal Law

Division Judicial Admin.