COMMERCIAL LAW



HCS/SCS/SB 485 – Removes the requirement for filing of a financing statement to perfect a security interest in property held as inventory held for sale or lease by a person in the business of leasing certain goods.
 Persons who perform labor on aircrafts and their parts and equipment who obtain a written memorandum of the work or material furnished signed by the owner, authorized agent of the owner, or person in lawful possession of the property, shall have a lien on such property.
 Allows persons who perform labor on aircrafts, including parts or equipment, at a written request of an owner that contains the maximum amount to be charged for labor, to have a lien on the property.
 Extends the time period for filing aircraft liens from 30 days to 180 days after surrendering the property.
 Currently, on a refinance of a loan secured by a watercraft, motor vehicle, or trailer, a lien is perfected by delivering the notice of lien to the director of revenue. The act modifies this provision only to apply to refinances by different lenders on prior loans.
 Notice is required by certified instead of registered mail to establish a hospital lien. (Signed 7/10/12)

CCS/HCS/SCS/SB 498 - Under current law, cities are prohibited from passing laws that restrict certain 501(c)(3) organizations from operating retail businesses that sell donated items. This act expands the law to include 501(c )(19) organizations. This act contains an emergency clause. (Signed 5/30/12)

CCS/HCS/SB 568 - Modifies various provisions relating to transportation. Includes provisions relating to the salvage title claims adjustment process. (See Motor Vehicles for a more complete summary of this bill). (Signed 7/12/12)

SS/SB 607 - Under this act, on the date the Highways and Transportation Commission approves funding for any phase or portion of construction or reconstruction of any street or highway, the rules in effect for outdoor advertising on August 27, 1999, shall be reinstated for that section of highway scheduled for construction and there shall immediately be a moratorium imposed on the issuance of state sign permits for new sign structures.
 Owners of existing signs which meet the requirements for outdoor advertising in effect on August 27, 1999, and the requirements of the federal/state agreement and who voluntarily execute a partial waiver and reset agreement may reset such signs on the same or adjoining property.
 Owners of existing signs who elect to reset qualifying signs shall receive compensation representing the actual cost to reset the existing sign.
 Upon the completion of construction on any section of highway, the moratorium on new permits shall be lifted and the rules for outdoor advertising in effect on the date the construction is completed shall apply to such section of highway.
 Local zoning authorities may prohibit the resetting of qualifying signs which fail to comply with local regulations. (Vetoed 7/12/12)

CCS/HCS/SB 628 - Modifies provisions relating to the judiciary. Includes the following provisions identical to HB 1527, relating to property exempt from execution and attachment, drafted by The Missouri Bar’ Commercial Law Committee.

*PROPERTY EXEMPT FROM ATTACHMENT & EXECUTION - Sections 513.430 and 513.440; see also HB 1527 (2012). Clarifies that the exemption of the debtor’s interest in motor vehicles applies to all motor vehicles owned by the debtor to a total of $3000 no matter the number of debtor owned motor vehicles which are used to reach the $3000 exemption amount. Clarifies that the exemption of a mobile home used by the debtor as a residence is $5000 when the mobile home is not attached to land which is also owned by the debtor; where the mobile home is attached to the land owned by the debtor the only exemption available to the debtor is that of the homestead exemption. Changes the exemption in public assistance programs to include all public assistance programs notwithstanding the source of the public assistance. Raises the age for dependents from 18 to 21 in the determination of the head of household exemption. Applies to bankruptcies filed on or after the effective date. Applies to executions served on or after the effective date. This language was drafted by The Missouri Bar’s Commercial Law Committee. (See Judicial Administration for full bill summary). (Neither signed nor vetoed. Becomes law pursuant to Article III, Section 31, Missouri Constitution).


CCS/HCS/SCS/SB 635 - Modifies the law relating to financial institutions, school funds, private roads, real estate appraisal, agricultural education programs, liens, and state purchasing preferences.
 Includes provisions relating to:

LETTERS OF CREDIT ISSUED BY A FEDERAL HOME LOAN BANK

STATE PURCHASING PREFERENCES FOR CERTAIN COMMODITIES
WATERCRAFT, VEHICLE, AND TRAILER LIENS

FINANCIAL INSTITUTION FILINGS

FINANCIAL INSTITUTION TRUST AUTHORITY - Allows all banks, and trust companies with trust powers and national banks with trust powers under United States laws, regardless of location, to transfer fiduciary obligations consisting only of irrevocable life insurance trusts to any such banks and trust companies.

UNIFORM COMMERCIAL CODE - Removes the requirement of the filing of a financing statement to perfect a security interest in property held as inventory held for sale or lease by a person in the business of leasing certain goods. (See Property Law for a summary of additional provisions of this bill). (Vetoed 7/12/12)

CCS/HCS/SB 636 - Modifies laws relating to the judiciary. Includes a provision relating to:

PERFECTION OF SECURITY INTERESTS - See also HCS/SB 628 (2012). Currently, security interests in property subject to certain federal or state filing requirements can only be perfected by following such requirements. There is an exception for property held as inventory by a person in the business of selling or leasing goods of that kind. This act removes persons in the business of leasing goods of that kind from the exception. (See Judicial Administration, Criminal and Family & Juvenile Law for a summary of additional provisions of this bill). (Signed 7/12/12)

CCS#2/SS/SCS/SB 719 - Modifies various provisions relating to the regulation of transportation. Includes provisions relating to outboard motor titles and selling or advertising in state parks. An exception is created for the normal and customary use of public roads by commercial and noncommercial entities for the purpose of transporting person or vehicles, including but not limited to canoes. This portion of the act is subject to an emergency clause. (Signed 7/12/12)

SCS/SB 729 - Under this act, Boone and Greene counties are not required to obtain bids on purchases of $6,000 or less. Such amount is set at $4,500 for counties under current law. Notice and advertising requirements are also changed for Boone and Greene counties, so they are only required to advertise and post notice on such proposed purchases when they exceed $6,000. (Signed 7/10/12)

SCS/SB 837 - Modifies the definition of franchise under Missouri franchise law specifically for agreements between alcohol wholesalers and suppliers so that a franchise may exist even without a license to use a trade name, trademark, or service mark and regardless if there is a community of interest in the marketing of the products. States the General Assembly’s intention that judicial interpretation of cases involving the definition of franchise should rely on certain state cases as indicated as opposed to a recent federal court decision as specified. (Vetoed 7/12/12)

SS/SCS/HCS/HB 1150: Modifies laws governing the perfection of automobile, boat and air craft liens (See Motor Vehicles & Transportation). (Signed 7/10/12)

HB 1231 – Requires the Commissioner of Administration to give preference to certain commodities in making purchases. (Signed 7/10/12)

SS/SCS/HCS/HB 1400 - Modifies provisions relating to financial transactions.

POLITICAL SUBDIVISIONS’ DEPOSIT ACCOUNTS - Allows political subdivisions and public entities to invest funds not immediately needed in any deposit account. Requires the financial institution to receive the same amount of deposits from customers of other financial institutions on the same date the public funds are deposited.

DIVISION OF FINANCE EXAMINATIONS - Requires the Division of Finance’s internal policy relating to professional conduct include procedures to mitigate conflicts of interest.
 Allows disclosure of facts and information obtained in the course of the Division’s examinations and investigations when undergoing a state audit when the Director of Finance has entered an agreement of confidentiality with the State Auditor. Such agreement shall provide for the redaction of certain information including nonpublic personal or proprietary commercial and financial information, trade secrets, information that could prejudice the performance or security of the Division, information protected under any recognized privilege, and identifying bank information.

RESIDENTIAL REAL ESTATE LOANS - Currently, mortgage loan brokers are prohibited from charging point or fees on residential real estate loans. This act creates an exception for mortgage loan brokers making loans on manufactured homes or modular units. Contains an emergency clause. (Signed 7/10/12)

CCS/SS/SCS/HCS/HB 1402 -Modifies various provisions relating to the regulation of transportation. Includes provisions relating to:

REGULATION OF HOUSEHOLD GOODS MOVERS

UNIFORM COMMERCIAL DRIVER’S LICENSE ACT DEFINITIONS
COMMERCIAL DRIVER LICENSE MEDICAL CERTIFICATION COMPLIANCE
STAGGERING OF DEALER LICENSES -DEALER BIENNIAL REGISTRATIONS
FALSE STATEMENTS VIS-A-VIS MONTHLY SALES REPORTS - Any person who makes a false statement in a monthly sales report to the Department of Revenue is guilty of a class A misdemeanor.

MISUSE OF DEALER PLATES/SURRENDER OF PLATES - Allows any law enforcement officer or agent of the department to seize a dealer license plate or certificate of number if the officer or agent has probable cause to believe that it is being misused in violation of law.

PROCEDURE FOR REVOKING OR SUSPENDING A DEALER’S LICENSE - Provides that if a motor vehicle dealer who has his or her license suspended refuses to surrender his license and distinctive number license plates, then the department may direct a law enforcement officer to secure possession of the items.
 Establishes a new administrative procedure for revoking or suspending a motor vehicle dealer license in situations that are deemed to present a clear and present danger to the public welfare. For example, the director may suspend or revoke a dealer license under the new procedure if the dealer allows a corporate surety bond or irrevocable letter of credit to expire or be revoked without submitting replacement coverage. Alternatively, the failure to maintain a bona fide established place of business constitutes a ground for suspension or revocation. Suspension or revocation of a license under these grounds shall be administratively processed by the department through evidentiary hearings held by the director or the director’s designated agent (foregoes the administrative hearing commission process established for other types of offenses). The act sets forth the administrative procedure and notice requirements for the suspension or revocation of a license.

MOTOR VEHICLE ADVERTISING STANDARDS - Clarifies that the terms “free” OR “at no cost” shall not be used in an advertisement if it requires the purchase of a motor vehicle to receive the free item, merchandise or service.

SALE OF 6 MOTOR VEHICLES OR MORE - Provides that any person, partnership, corporation, company, or association who violates the state law prohibiting the sale of six or more vehicles in a year without a license shall be guilty of a class D felony for a second or subsequent violation.

SPECIAL EVENT MOTOR VEHICLE AUCTION LICENSE - Allows the Department of Revenue to issue a special event motor vehicle auction license. The licensee will not be required to have a bona fide established place of business. Requirements and penalty provisions are specified.

BILLBOARDS - Modifies the law with respect to billboard regulation.
PERFECTION OF AUTO AND BOAT LIENS - Under the terms of this act, on a refinance by a different lender of a prior loan secured by a motor vehicle, outboard motor, watercraft etc., the lien is perfected by delivering notice of lien to Director of Revenue. (See Motor Vehicles for a summary of additional provisions of this bill). (Signed 7/10/12)

SS/SCS/HCS/HB 1498 - Allows any liquor license holder to apply for a license to sell liquor at retail on Sundays from 9 a.m. until midnight except certain establishments in St. Louis and Kansas City that can apply for such licenses under different statutory authority. The statutory authority for such establishments in St. Louis and Kansas City is modified so that they do not have to serve food in addition to liquor.
 Opening times for other establishments that have a license to serve liquor seven days a week are changed to 9 a.m.
 Allows businesses in the St. Louis International Airport that hold a license to sell liquor by the drink at retail for consumption on the premises where sold to apply for a special license to begin serving liquor at 4 a.m., seven days of the week.
 In addition, caterers who have a special license to sell intoxicating liquor by the drink at retail may also sell intoxicating liquor in the original package under this act.
 Reduces from 45 to 20 the different types of draft beer that a restaurant bar without an on-site brewery must serve in order to sell 32 fluid ounces or more of such beer to customers for consumption off the premises of such bar.
 In addition, this act allows holders of a license to sell alcohol by the drink at retail to utilize table tap dispensing systems at their establishments.
 These dispensing systems allow patrons, upon the authorization of an employee at the establishment, to dispense their own beer. Only 32 ounces of beer per patron may be dispensed per authorization. No law or rule shall be interpreted as allowing distributors, manufacturers, or wholesalers to furnish or service such dispensing systems. (Signed 7/10/12)

*HCS/HB 1527 - Clarifies that the exemption of the debtor’s interest in motor vehicles applies to all motor vehicles owned by the debtor to a total of $3000 no matter the number of debtor owned motor vehicles which are used to reach the $3000 exemption amount. Clarifies that the exemption of a mobile home used by the debtor as a residence is $5000 when the mobile home is not attached to land which is also owned by the debtor; where the mobile home is attached to the land owned by the debtor the only exemption available to the debtor is that of the homestead exemption. Changes the exemption in public assistance programs to include all public assistance programs notwithstanding the source of the public assistance. Raises the age for dependents from 18 to 21 in the determination of the head of household exemption. Applies to bankruptcies filed on or after the effective date. Applies to executions served on or after the effective date. Drafted by The Missouri Bar’s Commercial Law Committee. (Signed 7/9/12)

HCS/HB 1549 – Allows cellular telephone numbers to be placed on the state Do-Not-Call-List. Additionally the act prohibits telemarketers from sending a fax, text message, or graphic, video or audio communication to any phone number on the list. (Signed 6/14/12)

HCS/HB 1644 – Changes the licensing renewal period for gambling boat operators from two years to every four years.
 Also modifies the licensing period, certain gambling boat workers and persons who supply gambling equipment. (Signed 7/10/12)

HCS/HB 1900 - Modifies provisions relating to investments in Iran’s energy sector and tax increment financing.
 Creates the “Iran Energy Divestment Act” which bars entities that invest in the energy sector in Iran from making contracts in excess of $1 million with the state and political subdivisions. (See State Government for a summary of additional provisions of this bill). (Vetoed 6/20/12)

Index of Bills by Subject Matter

Key
  • CCS - Conference Committee Substitute
  • HB - House Bill
  • HCS - House Committee Substitute
  • HS - House Substitute
  • HJR - House Joint Resolution
  • SB - Senate Bill
  • SCS - Senate Committee Substitute
  • SS - Senate Substitute
  • SJR - Senate Joint Resolution
  • * - Missouri Bar Committee-Drafted Legislation
 

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Judicial Administration
Labor Law
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Media Law
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Motor Vehicles & Transportation
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