EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE COMMITTEE SUBSTITUTE FOR
HOUSE COMMITTEE SUBSTITUTE FOR
HOUSE BILL NO. 2064
AND
HOUSE COMMITTEE SUBSTITUTE NO. 2
FOR
HOUSE BILL NO. 1886
102ND GENERAL ASSEMBLY
4623S.08C KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 193.265, 214.330, 287.200, 287.470, 287.610, 287.615, 287.812, 287.835,
347.143, 435.014, 452.355, 455.010, 455.035, 455.513, 456.950, 469.401, 469.402,
469.403, 469.405, 469.409, 469.411, 469.413, 469.415, 469.417, 469.419, 469.421,
469.423, 469.425, 469.427, 469.429, 469.431, 469.432, 469.433, 469.435, 469.437,
469.439, 469.441, 469.443, 469.445, 469.447, 469.449, 469.451, 469.453, 469.455,
469.457, 469.459, 469.461, 469.463, 469.465, 469.467, 477.650, 478.001, 487.110,
488.040, 488.426, 488.2300, 491.075, 492.304, 494.455, 509.520, 537.528, 559.125,
566.151, 567.030, 595.045, and 621.045, RSMo, and to enact in lieu thereof one
hundred thirty new sections relating to civil proceedings, with penalty provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 193.265, 214.330, 287.200, 287.470, 1
287.610, 287.615, 287.812, 287.835, 347.143, 435.014, 452.355, 2
455.010, 455.035, 455.513, 456.950, 469. 401, 469.402, 469.403, 3
469.405, 469.409, 469.411, 469.413, 469.415, 469.417, 469.419, 4
469.421, 469.423, 469.425, 469.427, 469.429, 469.431, 469.432, 5
469.433, 469.435, 469.437, 469.439, 469.441, 469.443, 469.445, 6 2
SCS HCS HB 2064 & HCS NO. 2 HB 1886
469.447, 469.449, 469.451, 469.453, 469.455, 469.457, 469.459, 7
469.461, 469.463, 469.465, 469.467, 477.650, 478.001, 487.110, 8
488.040, 488.426, 488.2300, 491.075, 492.304, 494.455, 509.520, 9
537.528, 559.125, 566.151, 567.030, 595.045, and 621.045, RSMo, 10
are repealed and one hundred thirty new sectio ns enacted in 11
lieu thereof, to be known as sections 193.265, 214.330, 287.200, 12
287.470, 287.610, 287.615, 287.812, 287.835, 347.143, 435.300, 13
435.303, 435.306, 435.309, 435.312, 452.355, 453.700, 453.702, 14
453.704, 453.706, 453.708, 453.710, 453.712, 453.71 4, 453.716, 15
453.718, 453.720, 453.722, 453.724, 453.726, 453.728, 453.730, 16
453.732, 453.734, 453.736, 453.738, 453.740, 453.742, 454.1050, 17
455.010, 455.035, 455.513, 456.950, 469.399, 469.401, 469.402, 18
469.403, 469.404, 469.405, 469.413, 469.415, 469.417, 469.419, 19
469.421, 469.423, 469.425, 469.427, 469.429, 469.431, 469.432, 20
469.433, 469.435, 469.437, 469.439, 469.441, 469.443, 469.445, 21
469.446, 469.447, 469.449, 469.451, 469.453, 469.455, 469.456, 22
469.457, 469.459, 469.462, 469.463, 469.464, 469.465, 469. 467, 23
469.471, 469.473, 469.475, 469.477, 469.479, 469.481, 469.483, 24
469.485, 469.487, 474.540, 474.542, 474.544, 474.546, 474.548, 25
474.550, 474.552, 474.554, 474.556, 474.558, 474.560, 474.562, 26
474.564, 474.600, 475.063, 476.1025, 477.650, 478.001, 487.110 , 27
488.040, 488.426, 488.2300, 491.075, 492.304, 494.455, 509.520, 28
510.500, 510.503, 510.506, 510.509, 510.512, 510.515, 510.518, 29
510.521, 534.157, 537.529, 559.125, 566.151, 567.030, 595.045, 30
and 621.045, to read as follows:31
193.265. 1. For the issuance of a certification or 1
copy of a death record, the applicant shall pay a fee of 2
fourteen dollars for the first certification or copy and a 3
fee of eleven dollars for each additional copy ordered at 4
that time. For the issuance of a certification or copy of a 5
birth, marriage, divorce, or fetal death record, the 6
applicant shall pay a fee of fifteen dollars. No fee shall 7 3
SCS HCS HB 2064 & HCS NO. 2 HB 1886
be required or collected for a certification of birth, 8
death, or marriage if the request for certification is made 9
by the children's division, the division of youth services, 10
a guardian ad litem, or a juvenile officer on behalf of a 11
child or person under twenty -one years of age who has come 12
under the jurisdiction of the juvenile court under section 13
211.031. All fees collected under this subsection shall be 14
deposited to the state department of revenue. Beginning 15
August 28, 2004, for each vital records fee collected, the 16
director of revenue shall credit four dollars to the general 17
revenue fund, five dollars to the children' s trust fund, one 18
dollar shall be credited to the endowed care cemetery audit 19
fund, one dollar for each certification or copy of death 20
records to the Missouri state coroners' training fund 21
established in section 58.208, and three dollars for the 22
first copy of death records and five dollars for birth, 23
marriage, divorce, and fetal death records shall be credited 24
to the Missouri public health services fund established in 25
section 192.900. Money in the endowed care cemetery audit 26
fund shall be availabl e by appropriation to the division of 27
professional registration to pay its expenses in 28
administering sections 214.270 to 214.410. All interest 29
earned on money deposited in the endowed care cemetery audit 30
fund shall be credited to the endowed care ceme tery fund. 31
Notwithstanding the provisions of section 33.080 to the 32
contrary, money placed in the endowed care cemetery audit 33
fund shall not be transferred and placed to the credit of 34
general revenue until the amount in the fund at the end of 35
the biennium exceeds three times the amount of the 36
appropriation from the endowed care cemetery audit fund for 37
the preceding fiscal year. The money deposited in the 38
public health services fund under this section shall be 39 4
SCS HCS HB 2064 & HCS NO. 2 HB 1886
deposited in a separate account in the fund, and moneys in 40
such account, upon appropriation, shall be used to automate 41
and improve the state vital records system, and develop and 42
maintain an electronic birth and death registration system. 43
For any search of the files and records, when no r ecord is 44
found, the state shall be entitled to a fee equal to the 45
amount for a certification of a vital record for a five -year 46
search to be paid by the applicant. For the processing of 47
each legitimation, adoption, court order or recording after 48
the registrant's twelfth birthday, the state shall be 49
entitled to a fee equal to the amount for a certification of 50
a vital record. Except whenever a certified copy or copies 51
of a vital record is required to perfect any claim of any 52
person on relief, or any dependent of any person who was on 53
relief for any claim upon the government of the state or 54
United States, the state registrar shall, upon request, 55
furnish a certified copy or so many certified copies as are 56
necessary, without any fee or compensation therefor. 57
2. For the issuance of a certification of a death 58
record by the local registrar, the applicant shall pay a fee 59
of fourteen dollars for the first certification or copy and 60
a fee of eleven dollars for each additional copy ordered at 61
that time. For each fee collected under this subsection, 62
one dollar shall be deposited to the state department of 63
revenue and the remainder shall be deposited to the official 64
city or county health agency. The director of revenue shall 65
credit all fees depo sited to the state department of revenue 66
under this subsection to the Missouri state coroners' 67
training fund established in section 58.208. 68
3. For the issuance of a certification or copy of a 69
birth, marriage, divorce, or fetal death record, the 70
applicant shall pay a fee of fifteen dollars; except that, 71 5
SCS HCS HB 2064 & HCS NO. 2 HB 1886
in any county with a charter form of government and with 72
more than six hundred thousand but fewer than seven hundred 73
thousand inhabitants, a donation of one dollar may be 74
collected by the local registrar over and above any fees 75
required by law when a certification or copy of any marriage 76
license or birth certificate is provided, with such 77
donations collected to be forwarded monthly by the local 78
registrar to the county treasurer of such county and the 79
donations so forwarded to be deposited by the county 80
treasurer into the housing resource commission fund to 81
assist homeless families and provide financial assistance to 82
organizations addressing homelessness in such county. The 83
local registrar shall include a check -off box on the 84
application form for such copies. All fees collected under 85
this subsection, other than the donations collected in any 86
county with a charter form of government and with more than 87
six hundred thousand but fewer tha n seven hundred thousand 88
inhabitants for marriage licenses and birth certificates, 89
shall be deposited to the official city or county health 90
agency. 91
4. A certified copy of a death record by the local 92
registrar can only be issued after acceptance a nd 93
registration with the state registrar. The fees paid to the 94
official county health agency shall be retained by the local 95
agency for local public health purposes. 96
5. No fee under this section shall be required or 97
collected from a parent or gua rdian of a homeless child or 98
homeless youth, as defined in subsection 1 of section 99
167.020, or an unaccompanied youth, as defined in 42 U.S.C. 100
Section 11434a(6), for the issuance of a certification, or 101
copy of such certification, of birth of such child or 102
youth. An unaccompanied youth shall be eligible to receive 103 6
SCS HCS HB 2064 & HCS NO. 2 HB 1886
a certification or copy of his or her own birth record 104
without the consent or signature of his or her parent or 105
guardian; provided, that only one certificate under this 106
provision shall be provided without cost to the 107
unaccompanied or homeless youth. For the issuance of any 108
additional certificates, the statutory fee shall be paid. 109
6. (1) Notwithstanding any provision of law to the 110
contrary, no fee shall be required or collected f or a 111
certification of birth if the request is made by a victim of 112
domestic violence or abuse, as those terms are defined in 113
section 455.010, and the victim provides documentation 114
signed by an employee, agent, or volunteer of a victim 115
service provider, an attorney, or a health care or mental 116
health professional, from whom the victim has sought 117
assistance relating to the domestic violence or abuse. Such 118
documentation shall state that, under penalty of perjury, 119
the employee, agent, or volunteer of a victim service 120
provider, the attorney, or the health care or mental health 121
professional believes the victim has been involved in an 122
incident of domestic violence or abuse. 123
(2) A victim may be eligible only one time for a fee 124
waiver under this sub section. 125
7. No fee shall be required or collected for a 126
certification of birth, death, or marriage if the request 127
for certification is made by a prosecuting attorney, a 128
circuit attorney, or the attorney general. 129
214.330. 1. (1) The endowed care trust fund required 1
by sections 214.270 to 214.410 shall be permanently set 2
aside in trust or in accordance with the provisions of 3
subsection 2 of this section. The trustee of the endowed 4
care trust shall be a state or federally ch artered financial 5
institution authorized to exercise trust powers in 6 7
SCS HCS HB 2064 & HCS NO. 2 HB 1886
Missouri. The contact information for a trust officer or 7
duly appointed representative of the trustee with knowledge 8
and access to the trust fund accounting and trust fund 9
records must be disclosed to the office or its duly 10
authorized representative upon request. 11
(2) The trust fund records, including all trust fund 12
accounting records, shall be maintained in the state of 13
Missouri at all times or shall be electronically stored so 14
that the records may be made available in the state of 15
Missouri within fifteen business days of receipt of a 16
written request. The operator of an endowed care cemetery 17
shall maintain a current name and address of the trustee and 18
the records custodian for the endowed care trust fund and 19
shall supply such information to the office, or its 20
representative, upon request. 21
(3) Missouri law shall control all endowed care trust 22
funds and the Missouri courts shall have jurisdiction over 23
endowed care trusts regardless of where records may be kept 24
or various administrative tasks may be performed. 25
2. An endowed care trust fund shall be administered in 26
accordance with Missouri law governing trusts, including but 27
not limited to the applicable pr ovisions of chapters 456 and 28
469, except as specifically provided in this subsection or 29
where the provisions of sections 214.270 to 214.410 provide 30
differently, provided that a cemetery operator shall not in 31
any circumstances be authorized to restrict, enlarge, 32
change, or modify the requirements of this section or the 33
provisions of chapters 456 and 469 by agreement or otherwise. 34
(1) Income and principal of an endowed care trust fund 35
shall be determined under the provisions of law applicable 36
to trusts, except that the provisions of section 469.405 37
shall not apply. 38 8
SCS HCS HB 2064 & HCS NO. 2 HB 1886
(2) No principal shall be distributed from an endowed 39
care trust fund except to the extent that a unitrust 40
election is in effect with respect to such trust under the 41
provisions of [section 469.411] sections 469.471 to 469.487 . 42
(3) No right to transfer jurisdiction from Missouri 43
under section 456.1-108 shall exist for endowed care trusts. 44
(4) All endowed care trusts shall be irrevocable. 45
(5) No trustee shall have the power to terminate an 46
endowed care trust fund under the provisions of section 47
456.4-414. 48
(6) A unitrust election made in accordance with the 49
provisions of chapter 469 shall be made by the cemetery 50
operator in the terms of the endowed car e trust fund 51
agreement itself, not by the trustee. 52
(7) No contract of insurance shall be deemed a 53
suitable investment for an endowed care trust fund. 54
(8) The income from the endowed care fund may be 55
distributed to the cemetery operator at le ast annually on a 56
date designated by the cemetery operator, but no later than 57
sixty days following the end of the trust fund year. Any 58
income not distributed within sixty days following the end 59
of the trust's fiscal year shall be added to and held as 60
part of the principal of the trust fund. 61
3. The cemetery operator shall have the duty and 62
responsibility to apply the income distributed to provide 63
care and maintenance only for that part of the cemetery 64
designated as an endowed care section and not for any other 65
purpose. 66
4. In addition to any other duty, obligation, or 67
requirement imposed by sections 214.270 to 214.410 or the 68
endowed care trust agreement, the trustee's duties shall be 69
the maintenance of records related to the trust and the 70 9
SCS HCS HB 2064 & HCS NO. 2 HB 1886
accounting for and investment of moneys deposited by the 71
operator to the endowed care trust fund. 72
(1) For the purposes of sections 214.270 to 214.410, 73
the trustee shall not be deemed responsible for the care, 74
the maintenance, or the operation of the cemetery, or for 75
any other matter relating to the cemetery, or the proper 76
expenditure of funds distributed by the trustee to the 77
cemetery operator, including, but not limited to, compliance 78
with environmental laws and regulations. 79
(2) With respect to cemetery property maintained by 80
endowed care funds, the cemetery operator shall be 81
responsible for the performance of the care and maintenance 82
of the cemetery property. 83
5. If the endowed care cemetery fund is not 84
permanently set asid e in a trust fund as required by 85
subsection 1 of this section, then the funds shall be 86
permanently set aside in an escrow account in the state of 87
Missouri. Funds in an escrow account shall be placed in an 88
endowed care trust fund under subsection 1 if the funds in 89
the escrow account exceed three hundred fifty thousand 90
dollars, unless otherwise approved by the division for good 91
cause. The account shall be insured by the Federal Deposit 92
Insurance Corporation or comparable deposit insurance and 93
held in a state or federally chartered financial institution 94
authorized to do business in Missouri and located in this 95
state. 96
(1) The interest from the escrow account may be 97
distributed to the cemetery operator at least in annual or 98
semiannual installments, but not later than six months 99
following the calendar year. Any interest not distributed 100
within six months following the end of the calendar year 101 10
SCS HCS HB 2064 & HCS NO. 2 HB 1886
shall be added to and held as part of the principal of the 102
account. 103
(2) The cemetery operator shall have the duty and 104
responsibility to apply the interest to provide care and 105
maintenance only for that part of the cemetery in which 106
burial space shall have been sold and with respect to which 107
sales the escrow account shall have been established a nd not 108
for any other purpose. The principal of such funds shall be 109
kept intact. The cemetery operator's duties shall be the 110
maintenance of records and the accounting for an investment 111
of moneys deposited by the operator to the escrow account. 112
For purposes of sections 214.270 to 214.410, the 113
administrator of the office of endowed care cemeteries shall 114
not be deemed to be responsible for the care, maintenance, 115
or operation of the cemetery. With respect to cemetery 116
property maintained by cemetery care funds, the cemetery 117
operator shall be responsible for the performance of the 118
care and maintenance of the cemetery property owned by the 119
cemetery operator. 120
(3) The division may approve an escrow agent if the 121
escrow agent demonstrates the know ledge, skill, and ability 122
to handle escrow funds and financial transactions and is of 123
good moral character. 124
6. The cemetery operator shall be accountable to the 125
owners of burial space in the cemetery for compliance with 126
sections 214.270 to 214.41 0. 127
7. Excluding funds held in an escrow account, all 128
endowed care trust funds shall be administered in accordance 129
with an endowed care trust fund agreement, which shall be 130
submitted to the office by the cemetery operator for review 131
and approval. The endowed care cemetery shall be notified 132
in writing by the office of endowed care cemeteries 133 11
SCS HCS HB 2064 & HCS NO. 2 HB 1886
regarding the approval or disapproval of the endowed care 134
trust fund agreement and regarding any changes required to 135
be made for compliance with sections 2 14.270 to 214.410 and 136
the rules and regulations promulgated thereunder. 137
8. All endowed care cemeteries shall be under a 138
continuing duty to file with the office of endowed care 139
cemeteries and to submit for prior approval any and all 140
changes, amendments, or revisions of the endowed care trust 141
fund agreement at least thirty days before the effective 142
date of such change, amendment, or revision. 143
9. If the endowed care trust fund agreement, or any 144
changes, amendments, or revisions filed with th e office, are 145
not disapproved by the office within thirty days after 146
submission by the cemetery operator, the endowed care trust 147
fund agreement, or the related change, amendment, or 148
revision, shall be deemed approved and may be used by the 149
cemetery operator and the trustee. Notwithstanding any 150
other provision of this section, the office may review and 151
disapprove an endowed care trust fund agreement, or any 152
submitted change, amendment, or revision, after the thirty 153
days provided herein or at any ot her time if the agreement 154
is not in compliance with sections 214.270 to 214.410 or the 155
rules promulgated thereunder. Notice of disapproval by the 156
office shall be in writing and delivered to the cemetery 157
operator and the trustee within ten days of disa pproval. 158
10. Funds in an endowed care trust fund or escrow 159
account may be commingled with endowed care funds for other 160
endowed care cemeteries, provided that the cemetery operator 161
and the trustee shall maintain adequate accounting records 162
of the disbursements, contributions, and income allocated 163
for each cemetery. 164 12
SCS HCS HB 2064 & HCS NO. 2 HB 1886
11. By accepting the trusteeship of an endowed care 165
trust or accepting funds as an escrow agent pursuant to 166
sections 214.270 to 214.410, the trustee or escrow agent 167
submits personally to the jurisdiction of the courts of this 168
state and the office of endowed care cemeteries regarding 169
the administration of the trust or escrow account. A 170
trustee or escrow agent shall consent in writing to the 171
jurisdiction of the state of Misso uri and the office in 172
regards to the trusteeship or the operation of the escrow 173
account and to the appointment of the office of secretary of 174
state as its agent for service of process regarding any 175
administrative or legal actions relating to the trust o r the 176
escrow account, if it has no designated agent for service of 177
process located in this state. Such consent shall be filed 178
with the office prior to accepting funds pursuant to 179
sections 214.270 to 214.410 as trustee or as an escrow agent 180
on a form provided by the office by rule. 181
287.200. 1. Compensation for permanent total 1
disability shall be paid during the continuance of such 2
disability from the date of maximum medical improvement for 3
the lifetime of the employee at the wee kly rate of 4
compensation in effect under this subsection on the date of 5
the injury for which compensation is being made. The word 6
"employee" as used in this section shall not include the 7
injured worker's dependents, estate, or other persons to 8
whom compensation may be payable as provided in subsection 1 9
of section 287.020. The amount of such compensation shall 10
be computed as follows: 11
(1) For all injuries occurring on or after September 12
28, 1983, but before September 28, 1986, the weekly 13
compensation shall be an amount equal to sixty -six and two- 14
thirds percent of the injured employee's average weekly 15 13
SCS HCS HB 2064 & HCS NO. 2 HB 1886
earnings during the year immediately preceding the injury, 16
as of the date of the injury; provided that the weekly 17
compensation paid under th is subdivision shall not exceed an 18
amount equal to seventy percent of the state average weekly 19
wage, as such wage is determined by the division of 20
employment security, as of the July first immediately 21
preceding the date of injury; 22
(2) For all injuries occurring on or after September 23
28, 1986, but before August 28, 1990, the weekly 24
compensation shall be an amount equal to sixty -six and two- 25
thirds percent of the injured employee's average weekly 26
earnings during the year immediately preceding the injury, 27
as of the date of the injury; provided that the weekly 28
compensation paid under this subdivision shall not exceed an 29
amount equal to seventy -five percent of the state average 30
weekly wage, as such wage is determined by the division of 31
employment security, as of the July first immediately 32
preceding the date of injury; 33
(3) For all injuries occurring on or after August 28, 34
1990, but before August 28, 1991, the weekly compensation 35
shall be an amount equal to sixty -six and two-thirds percent 36
of the injured employee's average weekly earnings as of the 37
date of the injury; provided that the weekly compensation 38
paid under this subdivision shall not exceed an amount equal 39
to one hundred percent of the state average weekly wage; 40
(4) For all injuries occurring on or after August 28, 41
1991, the weekly compensation shall be an amount equal to 42
sixty-six and two-thirds percent of the injured employee's 43
average weekly earnings as of the date of the injury; 44
provided that the weekly compensatio n paid under this 45
subdivision shall not exceed an amount equal to one hundred 46
five percent of the state average weekly wage; 47 14
SCS HCS HB 2064 & HCS NO. 2 HB 1886
(5) For all injuries occurring on or after September 48
28, 1981, the weekly compensation shall in no event be less 49
than forty dollars per week. 50
2. Permanent total disability benefits that have 51
accrued through the date of the injured employee's death are 52
the only permanent total disability benefits that are to be 53
paid in accordance with section 287.230. The right to 54
unaccrued compensation for permanent total disability of an 55
injured employee terminates on the date of the injured 56
employee's death in accordance with section 287.230, and 57
does not survive to the injured employee's dependents, 58
estate, or other persons to whom compensation might 59
otherwise be payable. 60
3. (1) All claims for permanent total disability 61
shall be determined in accordance with the facts. [When an 62
injured employee receives an award for permanent total 63
disability but by the use of gla sses, prosthetic appliances, 64
or physical rehabilitation the employee is restored to his 65
or her regular work or its equivalent, the life payment 66
mentioned in subsection 1 of this section shall be suspended 67
during the time in which the employee is restor ed to his or 68
her regular work or its equivalent. ] The employer and the 69
division shall keep the file open in the case during the 70
lifetime of any injured employee who has received an award 71
of permanent total disability. 72
(2) When an injured emplo yee receives an award for 73
permanent total disability but by the use of glasses, 74
prosthetic appliances, or physical rehabilitation the 75
employee is restored to his or her regular work or its 76
equivalent, the life payment mentioned in subsection 1 of 77
this section shall be suspended during the time in which the 78
employee is restored to his or her regular work or its 79 15
SCS HCS HB 2064 & HCS NO. 2 HB 1886
equivalent. In any case where the life payment is suspended 80
under this [subsection] subdivision, the commission may at 81
reasonable times rev iew the case and either the employee or 82
the employer may request an informal conference with the 83
commission relative to the resumption of the employee's 84
weekly life payment in the case. 85
(3) Upon filing of a written agreement signed by the 86
claimant and his or her attorney, the commission shall 87
change the name, information, or fee arrangement of the 88
attorney or law firm associated with the claimant's case. 89
4. For all claims filed on or after January 1, 2014, 90
for occupational diseases due to toxic exposure which result 91
in a permanent total disability or death, benefits in this 92
chapter shall be provided as follows: 93
(1) Notwithstanding any provision of law to the 94
contrary, such amount as due to the employee during said 95
employee's life as provided for under this chapter for an 96
award of permanent total disability and death, except such 97
amount shall only be paid when benefits under subdivisions 98
(2) and (3) of this subsection have been exhausted; 99
(2) For occupational diseases due to toxic exposure, 100
but not including mesothelioma, an amount equal to two 101
hundred percent of the state's average weekly wage as of the 102
date of diagnosis for one hundred weeks paid by the 103
employer; and 104
(3) In cases where occupational diseases due to toxic 105
exposure are diagnosed to be mesothelioma: 106
(a) For employers that have elected to accept 107
mesothelioma liability under this subsection, an additional 108
amount of three hundred percent of the state's average 109
weekly wage for two hundred twelv e weeks shall be paid by 110
the employer or group of employers such employer is a member 111 16
SCS HCS HB 2064 & HCS NO. 2 HB 1886
of. Employers that elect to accept mesothelioma liability 112
under this subsection may do so by either insuring their 113
liability, by qualifying as a self -insurer, or by becoming a 114
member of a group insurance pool. A group of employers may 115
enter into an agreement to pool their liabilities under this 116
subsection. If such group is joined, individual members 117
shall not be required to qualify as individual self - 118
insurers. Such group shall comply with section 287.223. In 119
order for an employer to make such an election, the employer 120
shall provide the department with notice of such an election 121
in a manner established by the department. The provisions 122
of this paragraph sh all expire on December 31, 2038; or 123
(b) For employers who reject mesothelioma under this 124
subsection, then the exclusive remedy provisions under 125
section 287.120 shall not apply to such liability. The 126
provisions of this paragraph shall expire on De cember 31, 127
2038; and 128
(4) The provisions of subdivision (2) and paragraph 129
(a) of subdivision (3) of this subsection shall not be 130
subject to suspension of benefits as provided in subsection 131
3 of this section; and 132
(5) Notwithstanding any other provision of this 133
chapter to the contrary, should the employee die before the 134
additional benefits provided for in subdivision (2) and 135
paragraph (a) of subdivision (3) of this subsection are 136
paid, the additional benefits are payable to the employee's 137
spouse or children, natural or adopted, legitimate or 138
illegitimate, in addition to benefits provided under section 139
287.240. If there is no surviving spouse or children and 140
the employee has received less than the additional benefits 141
provided for in subdivision (2) and paragraph (a) of 142
subdivision (3) of this subsection the remainder of such 143 17
SCS HCS HB 2064 & HCS NO. 2 HB 1886
additional benefits shall be paid as a single payment to the 144
estate of the employee; 145
(6) The provisions of subdivision (1) of this 146
subsection shall not be construed to affect the employee's 147
ability to obtain medical treatment at the employer's 148
expense or any other benefits otherwise available under this 149
chapter. 150
5. Any employee who obtains benefits under subdivision 151
(2) of subsection 4 of this sect ion for acquiring asbestosis 152
who later obtains an award for mesothelioma shall not 153
receive more benefits than such employee would receive 154
having only obtained benefits for mesothelioma under this 155
section. 156
287.470. 1. Upon its own motion or upon the 1
application of any party in interest on the ground of a 2
change in condition, the commission may at any time upon a 3
rehearing after due notice to the parties interested review 4
any award and on such review may make an award ending, 5
diminishing or increasing the compensation previously 6
awarded, subject to the maximum or minimum provided in this 7
chapter, and shall immediately send to the parties and the 8
employer's insurer a copy of the award. No such review 9
shall affect such award as regards any moneys paid. 10
2. Upon the filing of a written agreement signed by 11
the claimant and his or her attorney, the commission shall 12
change the name, information, or fee arrangement of the 13
attorney or law firm associated with the claimant's ca se. 14
287.610. 1. After August 28, 2005, the division may 1
appoint additional administrative law judges for a maximum 2
of forty authorized administrative law judges. 3
Appropriations shall be based upon necessity, measured by 4
the requirements and needs of each division office. 5 18
SCS HCS HB 2064 & HCS NO. 2 HB 1886
Administrative law judges shall be duly licensed lawyers 6
under the laws of this state. Administrative law judges 7
shall not practice law or do law business and shall devote 8
their whole time to the duties of th eir office. The 9
director of the division of workers' compensation shall 10
publish and maintain on the division's website the 11
appointment dates or initial dates of service for all 12
administrative law judges. 13
2. [The thirteen administrative law judge s with the 14
most years of service shall be subject to a retention vote 15
on August 28, 2008. The next thirteen administrative law 16
judges with the most years of service in descending order 17
shall be subject to a retention vote on August 28, 2012. 18
Administrative law judges appointed and not previously 19
referenced in this subsection shall be subject to a 20
retention vote on August 28, 2016. Subsequent retention 21
votes shall be held every twelve years. Any administrative 22
law judge who has received two or m ore votes of no 23
confidence under performance audits by the committee shall 24
not receive a vote of retention. 25
3. The administrative law judge review committee 26
members shall not have any direct or indirect employment or 27
financial connection with a w orkers' compensation insurance 28
company, claims adjustment company, health care provider nor 29
be a practicing workers' compensation attorney. All members 30
of the committee shall have a working knowledge of workers' 31
compensation. 32
4. The committee shall within thirty days of 33
completing each performance audit make a recommendation of 34
confidence or no confidence for each administrative law 35
judge. 36 19
SCS HCS HB 2064 & HCS NO. 2 HB 1886
5.] The administrative law judges appointed by the 37
division shall only have jurisdiction to hear a nd determine 38
claims upon original hearing and shall have no jurisdiction 39
upon any review hearing, either in the way of an appeal from 40
an original hearing or by way of reopening any prior award, 41
except to correct a clerical error in an award or settleme nt 42
if the correction is made by the administrative law judge 43
within twenty days of the original award or settlement. The 44
labor and industrial relations commission may remand any 45
decision of an administrative law judge for a more complete 46
finding of facts. The commission may also correct a 47
clerical error in awards or settlements within thirty days 48
of its final award. With respect to original hearings, the 49
administrative law judges shall have such jurisdiction and 50
powers as are vested in the divis ion of workers' 51
compensation under other sections of this chapter, and 52
wherever in this chapter the word "commission", 53
"commissioners" or "division" is used in respect to any 54
original hearing, those terms shall mean the administrative 55
law judges appointed under this section. When a hearing is 56
necessary upon any claim, the division shall assign an 57
administrative law judge to such hearing. Any 58
administrative law judge shall have power to approve 59
contracts of settlement, as provided by section 287.3 90, 60
between the parties to any compensation claim or dispute 61
under this chapter pending before the division of workers' 62
compensation. Any award by an administrative law judge upon 63
an original hearing shall have the same force and effect, 64
shall be enforceable in the same manner as provided 65
elsewhere in this chapter for awards by the labor and 66
industrial relations commission, and shall be subject to 67
review as provided by section 287.480. 68 20
SCS HCS HB 2064 & HCS NO. 2 HB 1886
[6.] 3. Any of the administrative law judges employed 69
pursuant to this section may be assigned on a temporary 70
basis to the branch offices as necessary in order to ensure 71
the proper administration of this chapter. 72
[7.] 4. All administrative law judges shall be 73
required to participate in, on a continuing basis, specific 74
training that shall pertain to those elements of knowledge 75
and procedure necessary for the efficient and competent 76
performance of the administrative law judges' required 77
duties and responsibilities. Such training requirements 78
shall be established by the division subject to 79
appropriations and shall include training in medical 80
determinations and records, mediation and legal issues 81
pertaining to workers' compensation adjudication. Such 82
training may be credited toward any continuing legal 83
education requirements. 84
[8. (1) The administrative law judge review committee 85
shall conduct a performance audit of all administrative law 86
judges every two years. The audit results, stating the 87
committee's recommendation of confidence or n o confidence of 88
each administrative law judge shall be sent to the governor 89
no later than the first week of each legislative session 90
immediately following such audit. Any administrative law 91
judge who has received three or more votes of no confidence 92
under two successive performance audits by the committee may 93
have their appointment immediately withdrawn. 94
(2) The review committee shall consist of one member 95
appointed by the president pro tem of the senate, one member 96
appointed by the minority leader of the senate, one member 97
appointed by the speaker of the house of representatives, 98
and one member appointed by the minority leader of the house 99
of representatives. The governor shall appoint to the 100 21
SCS HCS HB 2064 & HCS NO. 2 HB 1886
committee one member selected from the commis sion on 101
retirement, removal, and discipline of judges. This member 102
shall act as a member ex officio and shall not have a vote 103
in the committee. The committee shall annually elect a 104
chairperson from its members for a term of one year. The 105
term of service for all members shall be two years. The 106
review committee members shall all serve without 107
compensation. Necessary expenses for review committee 108
members and all necessary support services to the review 109
committee shall be provided by the division. ] 110
5. The director of the division may file a complaint 111
with the administrative hearing commission seeking to remove 112
an administrative law judge from office for one or any 113
combination of causes stated in subsection 6 of this 114
section. Prior to the filing of the complaint, the director 115
shall notify the administrative law judge in writing of the 116
reasons for the complaint. The administrative law judge 117
shall have ninety days from the day the complaint was made 118
to remedy the complained of behavior if the reason for the 119
complaint is willful neglect of duty or incompetency. 120
6. If the reasons for the complaint are willful 121
neglect of duty or incompetency, and the reasons have not 122
been remedied after ninety days, the director may file the 123
complaint with the administrative hearing commission in the 124
same manner as is provided by chapter 621. The director may 125
cause a complaint to be filed with the administrative 126
hearing commission as provided by chapter 621 against any 127
administrative law judge for any one or any combination of 128
the following causes: the administrative law judge has 129
committed any criminal offense, regardless of whether a 130
criminal charge has been filed; has been convicted, or has 131
entered a plea of guilty or nolo contendere in a criminal 132 22
SCS HCS HB 2064 & HCS NO. 2 HB 1886
prosecution under the laws of any state, the United States, 133
or of any country, regardless of whether sentence is imposed 134
or is guilty of misconduct; habitual intoxication; willful 135
neglect of duty; corruption in office; incompetency; or has 136
committed any act that involves moral turpitude or 137
oppression in office. 138
7. After the director has filed a complaint before the 139
administrative hearing commission, the proceedings shall be 140
conducted in accordance with the provisions of chapter 621. 141
Upon a finding by the administrative hearing commission that: 142
(1) The grounds, as provided in subsection 6 of this 143
section, for disciplinary action are met, the director may, 144
singly or in combination, issue the following disciplinary 145
actions against the administrative law judge: removal from 146
office, suspension from the performance of duties for a 147
period of time, or other discipline as determined by the 148
director. The director shall make a record of written 149
findings of fact and conclusions of law with respect to the 150
issues and shall put a copy of such record in the 151
administrative law judge's permanent file; or 152
(2) There are no grounds for disciplinary action, the 153
administrative law judge shall immediately resume duties and 154
shall receive any attorney’s fees due under section 536.087. 155
8. Notwithstanding any provision of this section to 156
the contrary, the following events or acts by an 157
administrative law judge are deemed to be an immediate 158
threat to the administration of the prov isions of chapter 159
287 and shall be considered cause for suspension with pay of 160
the administrative law judge without notice, at the 161
discretion of the director: 162 23
SCS HCS HB 2064 & HCS NO. 2 HB 1886
(1) A crime for which the administrative law judge is 163
being held without bond for a per iod of more than fourteen 164
days; 165
(2) Suspension or revocation of a license to practice 166
law; or 167
(3) A declaration of incapacity by a court of 168
competent jurisdiction. 169
9. No rule or portion of a rule promulgated pursuant 170
to the authority of this section shall become effective 171
unless it has been promulgated pursuant to the provisions of 172
chapter 536. 173
287.615. 1. The division may appoint or employ such 1
persons as may be necessary to the proper administration of 2
this chapter. All salaries to clerical employees shall be 3
fixed by the division and approved by the labor and 4
industrial relations commission. Beginning January 1, 2006, 5
the annual salary of each administrative law judge [,] and 6
administrative law judge in charge[, and chief legal 7
counsel] shall be as follows: 8
(1) [For any chief legal counsel located at the 9
division office in Jefferson City, Missouri, compensation at 10
two thousand dollars above eighty percent of the rate at 11
which an associate circui t judge is compensated; 12
(2)] For each administrative law judge, compensation 13
at ninety percent of the rate at which an associate division 14
circuit judge is compensated; 15
[(3)] (2) For each administrative law judge in charge, 16
compensation at the same rate as an administrative law judge 17
plus five thousand dollars. 18
2. Administrative law judges' and chief administrative 19
law judges' compensation shall be determined solely by the 20 24
SCS HCS HB 2064 & HCS NO. 2 HB 1886
rate outlined in this section and shall not increase when 21
pay raises for executive employees are appropriated. 22
3. The salary of the director of the division of 23
workers' compensation shall be set by the director of the 24
department of labor and industrial relations, but shall not 25
be less than the salary plus t wo thousand dollars of an 26
administrative law judge in charge. The appointees in each 27
classification shall be selected as nearly as practicable in 28
equal numbers from each of the two political parties casting 29
the highest and the next highest number of v otes for 30
governor in the last preceding state election. 31
287.812. As used in sections 287.812 to 287.855, 1
unless the context clearly requires otherwise, the following 2
terms shall mean: 3
(1) "Administrative law judge", any person appointed 4
pursuant to section 287.610 or section 621.015, or any 5
person who hereafter may have by law all of the powers now 6
vested by law in administrative law judges appointed under 7
the provisions of the workers' compensation law; 8
(2) "Beneficiary", a surviving spouse married to the 9
deceased administrative law judge or legal advisor of the 10
division of workers' compensation continuously for a period 11
of at least two years immediately preceding the 12
administrative law judge's or legal advisor's d eath and also 13
on the day of the last termination of such person's 14
employment as an administrative law judge or legal advisor 15
for the division of workers' compensation, or if there is no 16
surviving spouse eligible to receive benefits, any minor 17
child of the deceased administrative law judge or legal 18
advisor, or any child of the deceased administrative law 19
judge or legal advisor who, regardless of age, is unable to 20
support himself because of intellectual disability, disease 21 25
SCS HCS HB 2064 & HCS NO. 2 HB 1886
or disability, or any physi cal handicap or disability, who 22
shall share in the benefits on an equal basis with all other 23
beneficiaries; 24
(3) "Benefit", a series of equal monthly payments 25
payable during the life of an administrative law judge or 26
legal advisor of the division of workers' compensation 27
retiring pursuant to the provisions of sections 287.812 to 28
287.855 or payable to a beneficiary as provided in sections 29
287.812 to 287.850; 30
(4) "Board", the board of trustees of the Missouri 31
state employees' retirement sys tem; 32
(5) ["Chief legal counsel", any person appointed or 33
employed under section 287.615 to serve in the capacity of 34
legal counsel to the division; 35
(6)] "Division", the division of workers' compensation 36
of the state of Missouri; 37
[(7)] (6) "Legal advisor", any person appointed or 38
employed pursuant to section 287.600, 287.615, or 287.616 to 39
serve in the capacity as a legal advisor or an associate 40
administrative law judge and any person appointed pursuant 41
to section 286.010 or pursuant to section 295.030, and any 42
attorney or legal counsel appointed or employed pursuant to 43
section 286.070; 44
[(8)] (7) "Salary", the total annual compensation paid 45
for personal services as an administrative law judge or 46
legal advisor, or both, of the division of workers' 47
compensation by the state or any of its political 48
subdivisions. 49
287.835. [1. No benefits provided pursuant to 1
sections 287.812 to 287.855 shall be paid to any person who 2
has been removed from office by impeach ment or for 3
misconduct, nor to any person who has been disbarred from 4 26
SCS HCS HB 2064 & HCS NO. 2 HB 1886
the practice of law, nor to the beneficiary of any such 5
persons. 6
2.] The board of trustees of the Missouri state 7
employees' retirement system shall cease paying benefits to 8
any beneficiary of an administrative law judge or legal 9
advisor who is charged with the intentional killing of the 10
administrative law judge or legal advisor without legal 11
excuse or justification. A beneficiary who is convicted of 12
such charges shall no l onger be entitled to receive 13
benefits. If the beneficiary is not convicted of such 14
charge, the board shall resume payment of benefits and shall 15
pay the beneficiary any benefits that were suspended pending 16
resolution of such charge. 17
347.143. 1. A limited liability company may be 1
dissolved involuntarily by a decree of the circuit court for 2
the county in which the registered office of the limited 3
liability company is situated in an action filed by the 4
attorney general when it is e stablished that the limited 5
liability company: 6
(1) Has procured its articles of organization through 7
fraud; 8
(2) Has exceeded or abused the authority conferred 9
upon it by law; 10
(3) Has carried on, conducted, or transacted its 11
business in a fraudulent or illegal manner; or 12
(4) By the abuse of its powers contrary to the public 13
policy of the state, has become liable to be dissolved. 14
2. On application by or for a member, the circuit 15
court for the county in which the registered office of the 16
limited liability company is located may decree dissolution 17
of a limited liability company [whenever] if the court 18
determines: 19 27
SCS HCS HB 2064 & HCS NO. 2 HB 1886
(1) It is not reasonably practicable to carry on the 20
business in conformity with the operating agreement ; 21
(2) Dissolution is reasonably necessary for the 22
protection of the rights or interests of the complaining 23
members; 24
(3) The business of the limited liability company has 25
been abandoned; 26
(4) The management of the limited liability compan y is 27
deadlocked or subject to internal dissension; 28
(5) The business operations of the limited liability 29
company are substantially impaired; or 30
(6) Those in control of the limited liability company 31
have been found guilty of, or have knowingly countenanced, 32
persistent and pervasive fraud, mismanagement, or abuse of 33
authority. 34
435.300. As used in sections 435.300 to 435.312, the 1
following terms mean: 2
(1) "Alternative dispute resolution communication", a 3
statement, whether communicated orally, in writing, or by 4
nonverbal conduct, that is either: 5
(a) Related to the subject matter of the dispute and 6
made during an alternative dispute resolution process; or 7
(b) Made as part of considering, conducting, 8
participating in, initiating, continuing, or reconvening an 9
alternative dispute resolution process. 10
The term "alternative dispute resolution communication" 11
shall not include the notifications or reports made under 12
subsection 8 of section 435.306 or a writte n agreement as 13
described under section 435.312; 14
(2) "Alternative dispute resolution process", 15
mediation, arbitration, or early neutral evaluation used in 16 28
SCS HCS HB 2064 & HCS NO. 2 HB 1886
conjunction with a pending civil action, and any other 17
alternative to trial that has been in cluded in a local court 18
rule applicable to a civil dispute; 19
(3) "Arbitration", a procedure in which a neutral or 20
panel of neutrals hears and decides a dispute between two or 21
more parties; 22
(4) "Conflict of interest", any direct or indirect 23
financial or personal interest in the outcome of a dispute 24
or any existing or prior financial, business, professional, 25
familial, or social relationship with any participant in an 26
alternative dispute resolution process that is likely to 27
affect the impartiality of the neutral or that may 28
reasonably create an appearance of partiality or bias; 29
(5) "Early neutral evaluation", a process in which a 30
neutral provides parties to a dispute with a nonbinding 31
assessment of their dispute; 32
(6) "In camera", a proceeding held in a judge's 33
chambers or in a courtroom from which the public is excluded; 34
(7) "Mandated reporter", an individual who is required 35
to report abuse or neglect under the provisions of section 36
192.2405, 192.2475, 198.070, 208.912, 210.115, 352.400, 37
630.162, or 630.165; 38
(8) "Mediation", a process in which a neutral 39
facilitates communications among the parties and assists the 40
parties in their efforts to reach a voluntary agreement 41
regarding the dispute; 42
(9) "Mediator", a neutral who conducts mediation; 43
(10) "Neutral", an individual who, acting 44
independently and not as a representative, agent, or 45
advocate of any of the parties, assists the parties in their 46
efforts to reach a resolution of their dispute through an 47
alternative dispute resolution process; 48 29
SCS HCS HB 2064 & HCS NO. 2 HB 1886
(11) "Participant", any person or entity, including 49
any neutral or party, that participates in an alternative 50
dispute resolution process; 51
(12) "Party", an individual or entity named as a party 52
in a pending civil action, or in an agreement to use an 53
alternative dispute resolution process as described under 54
sections 435.309 and 435.312; 55
(13) "Proceeding", a judicial, administrative, 56
arbitral, or other adjudicative process, including related 57
prehearing and posthearing motions, conferences, hearings, 58
and discovery; 59
(14) "Writing" or "written", a tangible or electronic 60
record of a communication or representation, including 61
handwriting, typewriting, printing, photostating, 62
photography, audio or video recording, and electronic 63
communication; 64
(15) "Written agreement", a writing that: 65
(a) Contains the essential terms of an agreement; and 66
(b) Is signed, executed, or adopted by the parties by 67
any process described under su bdivision (15) of this 68
section, including electronic signatures as permitted by 69
section 432.230, with the intent to sign and be bound by the 70
writing and attached to or logically associated with the 71
writing. 72
435.303. 1. A court may refer any individual civil 1
case or category of civil cases to mediation or another 2
nonbinding alternative dispute resolution process either by 3
rule or court order. 4
2. In an action referred to an alternative dispute 5
resolution process, discovery m ay proceed as in any other 6
action before, during, and after the alternative dispute 7
resolution process is held. The court may stay discovery in 8 30
SCS HCS HB 2064 & HCS NO. 2 HB 1886
whole or in part during the pendency of an alternative 9
dispute resolution process in order to promote savin gs in 10
time and expense without sacrificing the quality of justice. 11
3. A neutral who is appointed by the court or 12
requested by the parties to serve in an alternative dispute 13
resolution process under sections 435.300 to 435.312 shall 14
avoid any conflict of interest. If the neutral believes 15
that no disqualifying conflict exists, the neutral shall: 16
(1) Make a reasonable inquiry to determine whether 17
there are any facts that would cause a reasonable person to 18
believe that the neutral has an act ual or potential conflict 19
of interest before agreeing to serve in a matter; 20
(2) Disclose to the parties, as soon as practicable, 21
facts and information relevant to any actual or potential 22
conflicts of interest that are reasonably known to the 23
neutral; and 24
(3) If, after accepting a designation by the parties 25
or the court, the neutral learns of any previously 26
undisclosed information that could reasonably suggest a 27
conflict of interest, promptly disclose the information to 28
the parties. 29
4. After the neutral's disclosure of a conflict, the 30
alternative dispute resolution process may proceed if: 31
(1) All parties agree in writing to service by the 32
neutral; or 33
(2) An organization independently administering the 34
alternative dispute resolution process under rules of 35
procedure that were adopted by a written agreement of the 36
parties determines under such rules that the neutral may 37
continue to serve. 38
5. Any party who believes a court -appointed neutral 39
has a conflict of inter est may request that the neutral 40 31
SCS HCS HB 2064 & HCS NO. 2 HB 1886
recuse himself or herself if a conflict is disclosed or 41
otherwise discovered. If the neutral declines, the party 42
may timely file a motion with the court for disqualification 43
of the neutral. Failure to file a motion wa ives that 44
objection. On its own motion, the court may also review the 45
choice of a neutral in any alternative dispute resolution 46
process involving a party that is not represented by counsel 47
and require a change of neutral if necessary to protect the 48
rights of the unrepresented party. 49
435.306. 1. Alternative dispute resolution 1
communications shall not be admissible as evidence in any 2
proceeding or subject to discovery, except as otherwise 3
provided under subsections 2, 3, and 7 of this section. 4
Exceptions shall be narrowly construed and only the portion 5
of the communication necessary for the application of the 6
exception to the general rule of nonadmissibility shall be 7
admitted. 8
2. Evidence or information that is otherwis e 9
admissible or subject to discovery, including information 10
that would be available to the public under sections 610.010 11
to 610.035, shall not become inadmissible or protected from 12
discovery solely by reason of its disclosure or use in an 13
alternative dispute resolution process. 14
3. A court may determine to admit an alternative 15
dispute resolution communication upon motion of a party, 16
which motion shall not reveal the substance of the 17
communication, and following a hearing only if the court 18
finds that one or more of the exceptions under this 19
subsection apply and the communication is otherwise relevant 20
and admissible. The party seeking admission shall ensure 21
that timely notice is given to the neutral and parties that 22
participated in the alter native dispute resolution process 23 32
SCS HCS HB 2064 & HCS NO. 2 HB 1886
in which the alternative dispute resolution communication 24
was made. The hearing shall be conducted in camera if 25
requested by a party or if the court determines on its own 26
motion that an in camera proceeding is necessa ry to ensure 27
the confidentiality of the communications that are the 28
subject to the hearing. The only exceptions to the general 29
rule of nonadmissibility of alternative dispute resolution 30
communications stated under subsection 1 of this section are 31
as follows: 32
(1) The alternative dispute resolution communication 33
was made in the presence of a mandated reporter and pertains 34
to abuse or neglect that such mandated reporter is required 35
by state law or regulation to report; 36
(2) The alternative dispute resolution communication 37
is a substantial threat or statement of a plan to inflict 38
bodily injury capable of causing death or substantial bodily 39
harm that is reasonably certain to occur; 40
(3) The alternative dispute resolution communication 41
is intentionally used to plan a crime, attempt to commit an 42
offense, or to conceal an ongoing crime or ongoing criminal 43
activity; or 44
(4) The alternative dispute resolution communication 45
is necessary to establish or defend against a claim of 46
professional misconduct or malpractice that is filed against 47
or on behalf of a participant based on conduct occurring 48
during the alternative dispute resolution process. 49
4. The admission of evidence in a proceeding under any 50
of the exceptions stated un der subsection 3 of this section 51
shall not in itself render the evidence or any other 52
alternative dispute resolution communication discoverable or 53
admissible for any other purpose or proceeding. 54 33
SCS HCS HB 2064 & HCS NO. 2 HB 1886
5. Any participant in an alternative dispute 55
resolution process has standing to intervene in any 56
proceeding to object to the admissibility of an alternative 57
dispute resolution communication made by that participant 58
during or relating to that alternative dispute resolution 59
process. A neutral who partic ipated in an alternative 60
dispute resolution process also has standing to intervene in 61
any proceeding to object to the admissibility of an 62
alternative dispute resolution communication made by the 63
neutral or an agent or employee of a neutral or of an 64
organization through which the neutral provided the 65
alternative dispute resolution services for such process, 66
but the neutral is under no requirement to do so. 67
6. Except as provided under subsection 7 of this 68
section, no neutral, agent or employee o f that neutral, or 69
agent or employee of an organization through which the 70
neutral provided alternative dispute resolution services 71
shall be subpoenaed or otherwise compelled to disclose any 72
alternative dispute resolution communication, including any 73
alternative dispute resolution communication that would 74
otherwise fall within the exceptions identified under 75
subsection 3 of this section. No neutral who is a licensed 76
attorney, or an agent or employee of such neutral or of an 77
organization through whi ch the neutral provided alternative 78
dispute resolution services under sections 435.300 to 79
435.312, shall be required to disclose any alternative 80
dispute resolution communication to which a reporting 81
obligation might otherwise apply under the rules regu lating 82
the professional conduct of attorneys. 83
7. A neutral, an agent or employee of that neutral, or 84
an agent or employee of an organization through which the 85
neutral provided the alternative dispute resolution services 86 34
SCS HCS HB 2064 & HCS NO. 2 HB 1886
may be subpoenaed in an ac tion to enforce a written 87
agreement as described under subsection 2 of section 88
435.309, but only for the limited purpose of testifying that 89
the written agreement was signed by the parties in the 90
presence of the neutral. 91
8. The court may request t hat the neutral or the 92
parties provide the court with progress reports on 93
alternative dispute resolution processes related to pending 94
civil actions; provided that, such reports shall be limited 95
to a statement that the matter has been resolved in its 96
entirety, partially resolved, or not resolved and whether 97
future dates for an alternative dispute resolution process 98
are scheduled. A neutral may also report to the court that 99
a payment has not been received from one or more parties. A 100
court shall not require the disclosure of alternative 101
dispute resolution communication in any such report. 102
9. The court may order the party or parties seeking 103
admission of an alternative dispute resolution communication 104
to pay the costs and fees of the neutral o r other person 105
participating in an alternative dispute resolution process 106
who intervenes to contest the disclosure and admission of 107
alternative dispute resolution communication or who responds 108
to a subpoena prohibited under subsection 6 of this section 109
or a subpoena under subsection 7 of this section. 110
435.309. 1. Unless the parties have entered into a 1
written agreement providing for entry into a binding 2
alternative dispute resolution process, all alternative 3
dispute resolution p rocesses under sections 435.300 to 4
435.312 shall be nonbinding. 5
2. In order to be binding on the parties, a settlement 6
agreement that is reached in an alternative dispute 7
resolution process shall be in a written agreement. 8 35
SCS HCS HB 2064 & HCS NO. 2 HB 1886
3. Alternative dispute resolution processes included 9
in consumer contracts for goods or services in compliance 10
with sections 435.350 to 435.470 shall be independently 11
administered as set forth in the contract. 12
435.312. 1. Except as provided under sub section 6 of 1
this section, sections 435.300 to 435.312 shall apply only 2
when the court has referred an alternative dispute 3
resolution process, either by rule or court order or when 4
the parties enter into a written agreement to resolve their 5
dispute through an alternative dispute resolution process 6
expressly providing that sections 435.300 to 435.312 shall 7
apply to such alternative dispute resolution process. 8
2. The parties to a dispute may enter into a written 9
agreement to attempt to resolve t heir differences through an 10
alternative dispute resolution process and may agree that 11
sections 435.300 to 435.312 will apply to such alternative 12
dispute resolution process prior to the filing of an action 13
or after the entry of a judgment, as well as du ring the 14
pendency of an action. If the matter resolves and the 15
parties file a case to present the settlement for approval 16
by the court, the case shall be exempted from any local rule 17
that refers a class of cases to any alternative dispute 18
resolution process. 19
3. Nothing in sections 435.300 to 435.312 shall 20
preclude any court from referring any individual matter to a 21
nonbinding alternative dispute resolution process so as to 22
effectuate the timely, fair, and efficient administration of 23
justice. 24
4. Nothing in sections 435.300 to 435.312 is intended 25
to undermine the right of litigants to a jury trial in the 26
event that a resolution satisfactory to the parties is not 27 36
SCS HCS HB 2064 & HCS NO. 2 HB 1886
achieved through a nonbinding alternative dispute resolution 28
process. 29
5. Nothing in sections 435.300 to 435.312 shall be 30
deemed to require: 31
(1) Any party or party representative who appears at 32
an alternative dispute resolution process in compliance with 33
a court order to settle all or part of any claim; or 34
(2) Any party to attend a mediation with counsel if 35
such party is self-represented. 36
6. If the court has not referred a case to an 37
alternative dispute resolution process under section 435.303 38
or if the parties do not elect to use sections 435.300 to 39
435.312, the process shall be regarded as settlement 40
negotiations and subject to the rules of confidentiality 41
that generally apply to such negotiations. If the parties 42
to the dispute have agreed in writing to submit their 43
dispute to such alternative dispute resolution process but 44
have not invoked the protections of sections 435.300 to 45
435.312, no person who serves as a neutral in such process, 46
nor any agent or employee of that person or of an 47
organization through which the neutral provided the 48
alternative dispute resolution process, shall be subpoenaed 49
or otherwise compelled to disclose any matter revealed in 50
the process of setting up or conducting such alternative 51
dispute resolution process. All settlement agreements shall 52
be in writing as described under sections 435.300 to 435.312. 53
452.355. 1. Unless otherwise indicated, the court 1
from time to time after considering all relevant factors 2
including the financial resources of both parties, the 3
merits of the case and th e actions of the parties during the 4
pendency of the action, may order a party to pay a 5
reasonable amount for the cost to the other party of 6 37
SCS HCS HB 2064 & HCS NO. 2 HB 1886
maintaining or defending any proceeding pursuant to sections 7
452.300 to 452.415 and for attorney's fees, includi ng sums 8
for legal services rendered and costs incurred prior to the 9
commencement of the proceeding and after entry of a final 10
judgment. The court may order that the amount be paid 11
directly to the attorney, who may enforce the order in the 12
attorney's name. 13
2. In actions brought to enforce a temporary order or 14
final judgment of the court in any proceeding under sections 15
452.300 to 452.415, excluding any proceeding described in 16
subsection 3 of this section, the court shall order the 17
party against whom enforcement is sought, if requested and 18
for good cause shown, to pay the cost of the suit to the 19
party seeking enforcement, including attorney's fees. The 20
court may order that the amount be paid directly to the 21
attorney, who may enforce the or der in the attorney's name. 22
3. In any proceeding in which the failure to pay child 23
support pursuant to a temporary order or final judgment is 24
an issue, if the court finds that the obligor has failed, 25
without good cause, to comply with such order o r decree to 26
pay the child support, the court shall order the obligor, if 27
requested and for good cause shown, to pay a reasonable 28
amount for the cost of the suit to the obligee, including 29
reasonable sums for legal services. The court may order 30
that the amount be paid directly to the attorney, who may 31
enforce the order in his name. 32
[3.] 4. For purposes of this section, an "obligor" is 33
a person owing a duty of support and an "obligee" is a 34
person to whom a duty of support is owed. 35
[4.] 5. For purposes of this section, "good cause" 36
includes, but shall not be limited to, any substantial 37
reason why the obligor is unable to pay the child support as 38 38
SCS HCS HB 2064 & HCS NO. 2 HB 1886
ordered. Good cause does not exist if the obligor purposely 39
maintains his inability to pay. 40
453.700. Sections 453.700 to 453.740 shall be known 1
and may be cited as the "Uniform Unregulated Child Custody 2
Transfer Act". 3
453.702. As used in sections 453.700 to 453.740, the 1
following terms mean: 2
(1) "Child", an unemancipated individual under 3
eighteen years of age; 4
(2) "Child-placing agency", a person with authority 5
under other law of this state to identify or place a child 6
for adoption. The term "child-placing agency" does not 7
include a parent of the child; 8
(3) "Custody", the exercise of physical care and 9
supervision of a child; 10
(4) "Intercountry adoption", an adoption or placement 11
for adoption of a child who resides in a foreign country at 12
the time of adoption or placement. The term "intercountry 13
adoption" includes an adoption finalized in the child's 14
country of residence or in a state; 15
(5) "Parent", an individual recognized as a parent 16
under other law of this state; 17
(6) "Person", an individual, estate, business or 18
nonprofit entity, public corporation, government or 19
governmental subdivision, agency, or instrumentality, or 20
other legal entity; 21
(7) "Record", information: 22
(a) Inscribed on a tangible medium; or 23
(b) Stored in an electronic or other medium and 24
retrievable in perceivable form; 25
(8) "State", a state of the United States, the 26
District of Columbia, Puerto Rico, the United States Virgin 27 39
SCS HCS HB 2064 & HCS NO. 2 HB 1886
Islands, or any other territory or possession subject to the 28
jurisdiction of the United States . The term "state" 29
includes a federally recognized Indian tribe. 30
453.704. Sections 453.700 to 453.740 do not apply to 1
custody of an Indian child, as defined in Section 4(4) of 2
the Indian Child Welfare Act of 1978, 25 U.S.C. Section 3
1903(4), as amended, to the extent custody is governed by 4
the Indian Child Welfare Act of 1978, 25 U.S.C. Sections 5
1901 through 1963, as amended. 6
453.706. As used in sections 453.706 to 453.716, the 1
following terms mean: 2
(1) "Guardian", a person recognized as a guardian 3
under other law of this state; 4
(2) "Intermediary", a person that assists or 5
facilitates a transfer of custody of a child, whether or not 6
for compensation. 7
453.708. Sections 453.706 to 453.716 do not apply to a 1
transfer of custody of a child by a parent or guardian of 2
the child to: 3
(1) A parent of the child; 4
(2) A stepparent of the child; 5
(3) An adult who is related to the child by blood, 6
marriage, or adoption; 7
(4) An adult who, at the time of the transfer, had a 8
close relationship with the child or the parent or guardian 9
of the child for a substantial period, and whom the parent 10
or guardian reasonably believes, at the time of the 11
transfer, to be a fit cus todian of the child; 12
(5) An Indian custodian, as defined in Section 4(6) of 13
the Indian Child Welfare Act of 1978, 25 U.S.C. Section 14
1903(6), as amended, of the child; or 15 40
SCS HCS HB 2064 & HCS NO. 2 HB 1886
(6) A member of the child's customary family unit 16
recognized by the chi ld's indigenous group under other law 17
of this state. 18
453.710. 1. Except as provided in subsection 2 of 1
this section, a parent or guardian of a child or an 2
individual with whom a child has been placed for adoption 3
shall not transfer custody of the child to another person 4
with the intent, at the time of the transfer, to abandon the 5
rights and responsibilities concerning the child. 6
2. A parent or guardian of a child or an individual 7
with whom a child has been placed for adopti on may transfer 8
custody of the child to another person with the intent, at 9
the time of the transfer, to abandon the rights and 10
responsibilities concerning the child only through: 11
(1) Adoption or guardianship; 12
(2) Judicial award of custody; 13
(3) Placement by or through a child -placing agency; 14
(4) Other judicial or tribal action; or 15
(5) Safe place for newborns act of 2002 under section 16
210.950. 17
3. A person shall not receive custody of a child, or 18
act as an intermediary in a transfer of custody of a child, 19
if the person knows or reasonably should know the transfer 20
violates subsection 1 of this section. This prohibition 21
does not apply if the person, as soon as practicable after 22
the transfer, notifies the children's di vision of the 23
transfer or takes appropriate action to establish custody 24
under subsection 2 of this section. 25
4. Violation of this section is a class B misdemeanor. 26
5. Violation of subsection 1 of this section is not 27
established solely because a parent or guardian that 28
transfers custody of a child does not regain custody. 29 41
SCS HCS HB 2064 & HCS NO. 2 HB 1886
453.712. 1. If the children's division has a 1
reasonable basis to believe that a person has transferred or 2
will transfer custody of a child in violation of subsection 3
1 of section 453.710, the children's division may conduct a 4
home visit as provided by other law of this state and take 5
appropriate action to protect the welfare of the child. 6
2. If the children's division conducts a home visit 7
for a child adopted or placed through an intercountry 8
adoption, the children's divisions shall: 9
(1) Prepare a report on the welfare and plan for 10
permanent placement of the child; and 11
(2) Provide a copy to the United States Department of 12
State. 13
3. Sections 453.700 to 453.740 do not prevent the 14
children's division from taking appropriate action under 15
other law of this state. 16
453.714. 1. A person shall not solicit or advertise 1
to: 2
(1) Identify a person to which to make a transfer of 3
custody in violation of subsection 1 of section 453.710; 4
(2) Identify a child for a transfer of custody in 5
violation of subsection 3 of section 453.710; or 6
(3) Act as an intermediary in a transfer of custody in 7
violation of subsection 3 of section 453.710. 8
2. Violation of this section is a class B misdemeanor. 9
453.716. A law enforcement agency may investigate a 1
possible violation of sections 453.706 to 453.716 and take 2
legal action as provided b y law of this state. 3
453.718. As used in sections 453.718 to 453.732, the 1
term "prospective adoptive parent" means an individual who 2
has been approved or permitted under other law of this state 3
to adopt a child. 4 42
SCS HCS HB 2064 & HCS NO. 2 HB 1886
453.720. Sections 453.718 to 453.732 apply to 1
placement for adoption of a child who: 2
(1) Has been or is in foster or institutional care; 3
(2) Previously has been adopted in a state; 4
(3) Has been or is being adopted under the law of a 5
foreign country; 6
(4) Has come or is coming to a state from a foreign 7
country to be adopted; or 8
(5) Is not a citizen of the United States. 9
453.722. Within a reasonable time before a child - 1
placing agency places a child for adopt ion with a 2
prospective adoptive parent, the agency shall provide or 3
cause to be provided to the prospective adoptive parent 4
general adoption information. The information shall address: 5
(1) Possible physical, mental, emotional, and 6
behavioral issues concerning: 7
(a) Identity, loss, and trauma that a child might 8
experience before, during, or after adoption; and 9
(b) A child leaving familiar ties and surroundings; 10
(2) The effect that access to resources, including 11
health insurance, may have on the ability of an adoptive 12
parent to meet the needs of a child; 13
(3) Causes of disruption of an adoptive placement or 14
dissolution of an adoption and resources available to help 15
avoid disruption or dissolution; and 16
(4) Prohibitions under sections 453.710 and 453.714. 17
453.724. 1. Except as prohibited by other law of this 1
state, within a reasonable time before a child -placing 2
agency places a child for adoption with a prospective 3
adoptive parent, the agency sha ll provide or cause to be 4
provided to the prospective adoptive parent information 5
specific to the child that is known to or reasonably 6 43
SCS HCS HB 2064 & HCS NO. 2 HB 1886
obtainable by the agency and material to the prospective 7
adoptive parent's informed decision to adopt the child. The 8
information shall include: 9
(1) The child's family, cultural, racial, religious, 10
ethnic, linguistic, and educational background; 11
(2) The child's physical, mental, emotional, and 12
behavioral health; 13
(3) Circumstances that might adversely affect the 14
child's physical, mental, emotional, or behavioral health; 15
(4) The child's medical history, including 16
immunizations; 17
(5) The medical history of the child's genetic parents 18
and siblings; 19
(6) The history of an adoptive or out -of-home 20
placement of the child and the reason the adoption or 21
placement ended; 22
(7) The child's United States immigration status; 23
(8) Medical, therapeutic, and educational resources, 24
including language-acquisition training, available to the 25
adoptive parent and child after placement for adoption or 26
adoption to assist in responding effectively to physical, 27
mental, emotional, or behavioral health issues; and 28
(9) Available records relevant to the information in 29
subdivisions (1) through (8) of this subsection. 30
2. If, before an adoption is finalized, additional 31
information under subsection 1 of this section that is 32
material to a prospective adoptive parent's informed 33
decision to adopt the child becomes known to or reasonably 34
obtainable by the child-placing agency, the agency shall 35
provide the information to the prospective adoptive parent. 36
3. If, after an adoption is finalized, additional 37
information under subsection 1 of this section becomes known 38 44
SCS HCS HB 2064 & HCS NO. 2 HB 1886
to the child-placing agency, the agency shall make a 39
reasonable effort to provide the information to the adoptive 40
parent. 41
453.726. 1. A child-placing agency placing a child 1
for adoption shall provide or cause to be provided to the 2
prospective adoptive pa rent guidance and instruction 3
specific to the child to help prepare the parent to respond 4
effectively to needs of the child that are known to or 5
reasonably ascertainable by the agency. 6
2. The guidance and instruction under subsection 1 of 7
this section shall address, if applicable: 8
(1) The potential effect on the child of: 9
(a) A previous adoption or out -of-home placement; 10
(b) Multiple previous adoptions or out -of-home 11
placements; 12
(c) Trauma, insecure attachment, fetal alcoh ol 13
exposure, or malnutrition; 14
(d) Neglect, abuse, drug exposure, or similar 15
adversity; 16
(e) Separation from a sibling or significant 17
caregiver; and 18
(f) A difference in ethnicity, race, or cultural 19
identity between the child and the pro spective adoptive 20
parent or other child of the parent; 21
(2) Information available from the federal government 22
on the process for the child to acquire United States 23
citizenship; and 24
(3) Any other matter the child -placing agency 25
considers material to the adoption. 26
3. The guidance and instruction under subsection 1 of 27
this section shall be provided: 28 45
SCS HCS HB 2064 & HCS NO. 2 HB 1886
(1) For adoption of a child residing in the United 29
States, a reasonable time before the adoption is finalized; 30
or 31
(2) For an intercountry adoption, in accordance with 32
federal law. 33
453.728. On request of a child who was placed for 1
adoption or the child's adoptive parent, the child -placing 2
agency placing the child or the children's division shall 3
provide information about how to obtain financial assistance 4
or support services: 5
(1) To assist the child or parent to respond 6
effectively to adjustment, behavioral health, and other 7
challenges; and 8
(2) To help preserve the placement or adoption. 9
453.730. 1. A law enforcement agency may investigate 1
an allegation that a child -placing agency has failed to 2
comply with sections 453.718 to 453.732 and commence an 3
action for injunctive or other relief or initiate an 4
administrative proceeding against the child -placing agency 5
to enforce sections 453.718 to 453.732. 6
2. The children's division may initiate a proceeding 7
to determine whether a child -placing agency has failed to 8
comply with sections 453.718 to 453.732. If the children's 9
divisions finds that the child -placing agency has failed to 10
comply, the children's division may suspend or revoke the 11
agency's license or take other action permitted by law of 12
this state. 13
453.732. The children's division may adopt rules under 1
chapter 536 to implement sections 453.722, 453.724, and 2
453.728. Any rule or portion of a rule, as that term is 3
defined in section 536.010, that is created under the 4
authority delegated in this section shall become effective 5 46
SCS HCS HB 2064 & HCS NO. 2 HB 1886
only if it complies with and is subject to all of the 6
provisions of chapter 536 and, if applicable, section 7
536.028. This section and chapter 536 are nonseverable and 8
if any of the powers vested with the general assembly 9
pursuant to chapter 536 to review , to delay the effective 10
date, or to disapprove and annul a rule are subsequently 11
held unconstitutional, then the grant of rulemaking 12
authority and any rule proposed or adopted after August 28, 13
2024, shall be invalid and void. 14
453.734. In applying and construing this uniform act, 1
a court shall consider the promotion of uniformity of the 2
law among jurisdictions that enact it. 3
453.736. Sections 453.700 to 453.740 modify, limit, or 1
supersede the Electronic Signatu res in Global and National 2
Commerce Act, 15 U.S.C. Section 7001 et seq., as amended, 3
but do not modify, limit, or supersede 15 U.S.C. Section 4
7001(c), or authorize electronic delivery of any of the 5
notices described in 15 U.S.C. Section 7003(b). 6
453.738. 1. Sections 453.706 to 453.716 apply to: 1
(1) A transfer of custody on or after August 28, 2024; 2
and 3
(2) Soliciting or advertising on or after August 28, 4
2024. 5
2. Sections 453.718 to 453.732 apply to placem ent of a 6
child for adoption more than sixty days after August 28, 7
2024. 8
453.740. If a provision of sections 453.700 to 453.740 1
or its application to a person or circumstance is held 2
invalid, the invalidity does not affect another pr ovision or 3
application that can be given effect without the invalid 4
provision. 5 47
SCS HCS HB 2064 & HCS NO. 2 HB 1886
453.742. Sections 453.700 to 453.740 supplement the 1
provisions under this chapter and chapter 210 for the 2
transfer of custody of a child. To the extent the 3
provisions under this chapter or chapter 210 are 4
inconsistent with sections 453.700 to 453.740, the 5
provisions of sections 453.700 to 453.740 control regarding 6
the transfer of custody of a child. 7
454.1050. 1. This section shall be known and may be 1
cited as "Bentley and Mason's Law". 2
2. The court shall order a defendant convicted of the 3
offense of driving while intoxicated to pay restitution for 4
a child whose parent or guardian died as a result of such 5
offense. 6
3. Notwithstanding any provision of law under chapter 7
559 relating to restitution, and subject to subsection 4 of 8
this section, the court shall determine a monthly amount to 9
be paid for the support of the child until the child reaches 10
eighteen years of age or has graduated from high school, 11
whichever is later. 12
4. The defendant shall not be required to pay 13
restitution under this section to an individual who is 14
nineteen years of age or older. 15
5. The court shall order the defendant to pay 16
restitution in an amount that is reasonable and necessary to 17
support the child, considering all relevant factors, 18
including: 19
(1) The financial needs and resources of the child; 20
(2) The financial needs and resources of the surviving 21
parent or guardian or other current guardian of the child, 22
including the state if the state is the guardian; 23
(3) The standard of living to which the child is 24
accustomed; 25 48
SCS HCS HB 2064 & HCS NO. 2 HB 1886
(4) The physical and emotional condition of the child 26
and the child's educational n eeds; 27
(5) The child's physical and legal custody 28
arrangements; 29
(6) The reasonable work-related child care expenses of 30
the surviving parent or guardian or other current guardian, 31
if applicable; and 32
(7) The financial resources of the def endant. 33
6. The order of restitution under this section shall 34
require restitution payments to be: 35
(1) Delivered in the manner described under subsection 36
7 of this section, as appropriate; and 37
(2) Directed to the parent or guardian of the child or 38
the state, as applicable. 39
7. The order of restitution under this section shall 40
require the defendant to: 41
(1) Make restitution directly to the person or agency 42
that will accept and forward restitution payments to the 43
victim or other person eligible for restitution under this 44
section; or 45
(2) Deliver the amount due as restitution to the 46
division of probation or parole or to the department of 47
corrections for transfer to the victim or person or state, 48
as appropriate. 49
8. If a defendant ordered to pay restitution under 50
this section is unable to make the required restitution 51
payments because the defendant is confined or imprisoned in 52
a correctional facility, the defendant shall begin payments 53
no later than the first anni versary of the date of the 54
defendant's release from the facility. The defendant may 55
enter into a payment plan to address any arrearage that 56
exists on the date of the defendant's release. The 57 49
SCS HCS HB 2064 & HCS NO. 2 HB 1886
defendant shall pay all arrearages regardless of whether th e 58
restitution payments were scheduled to terminate while the 59
defendant was confined or imprisoned in the correctional 60
facility. 61
9. The amount of restitution paid under this section 62
shall be deducted from any civil judgment against the 63
defendant. 64
10. A restitution order issued under this section may 65
be enforced by the office of the attorney general, or by a 66
person or a parent or guardian of the person named in the 67
order to receive the restitution, in the same manner as a 68
judgment in a civil action. 69
455.010. As used in this chapter, unless the context 1
clearly indicates otherwise, the following terms shall mean: 2
(1) "Abuse", includes but is not limited to the 3
occurrence of any of the following acts, attempts or t hreats 4
against a person who may be protected pursuant to this 5
chapter, except abuse shall not include abuse inflicted on a 6
child by accidental means by an adult household member or 7
discipline of a child, including spanking, in a reasonable 8
manner: 9
(a) "Abusing a pet", purposely or knowingly causing, 10
attempting to cause, or threatening to cause physical injury 11
to a pet with the intent to control, punish, intimidate, or 12
distress the petitioner; 13
(b) "Assault", purposely or knowingly placing or 14
attempting to place another in fear of physical harm; 15
(c) "Battery", purposely or knowingly causing physical 16
harm to another with or without a deadly weapon; 17
(d) "Coercion", compelling another by force or threat 18
of force to engage in con duct from which the latter has a 19 50
SCS HCS HB 2064 & HCS NO. 2 HB 1886
right to abstain or to abstain from conduct in which the 20
person has a right to engage; 21
(e) "Harassment", engaging in a purposeful or knowing 22
course of conduct involving more than one incident that 23
alarms or causes distress to an adult or child and serves no 24
legitimate purpose. The course of conduct must be such as 25
would cause a reasonable adult or child to suffer 26
substantial emotional distress and must actually cause 27
substantial emotional distress to the petit ioner or child. 28
Such conduct might include, but is not limited to: 29
a. Following another about in a public place or places; 30
b. Peering in the window or lingering outside the 31
residence of another; but does not include constitutionally 32
protected activity; 33
(f) "Sexual assault", causing or attempting to cause 34
another to engage involuntarily in any sexual act by force, 35
threat of force, duress, or without that person's consent; 36
(g) "Unlawful imprisonment", holding, confining, 37
detaining or abducting another person against that person's 38
will; 39
(2) "Adult", any person [seventeen] eighteen years of 40
age or older or otherwise emancipated; 41
(3) "Child", any person under [seventeen] eighteen 42
years of age unless otherwise emancipa ted; 43
(4) "Court", the circuit or associate circuit judge or 44
a family court commissioner; 45
(5) "Domestic violence", abuse or stalking committed 46
by a family or household member, as such terms are defined 47
in this section; 48
(6) "Ex parte order of protection", an order of 49
protection issued by the court before the respondent has 50 51
SCS HCS HB 2064 & HCS NO. 2 HB 1886
received notice of the petition or an opportunity to be 51
heard on it; 52
(7) "Family" or "household member", spouses, former 53
spouses, any person related by blood or marriage, persons 54
who are presently residing together or have resided together 55
in the past, any person who is or has been in a continuing 56
social relationship of a romantic or intimate nature with 57
the victim, and anyone who has a child in common rega rdless 58
of whether they have been married or have resided together 59
at any time; 60
(8) "Full order of protection", an order of protection 61
issued after a hearing on the record where the respondent 62
has received notice of the proceedings and has had an 63
opportunity to be heard; 64
(9) "Order of protection", either an ex parte order of 65
protection or a full order of protection; 66
(10) "Pending", exists or for which a hearing date has 67
been set; 68
(11) "Pet", a living creature maintained by a 69
household member for companionship and not for commercial 70
purposes; 71
(12) "Petitioner", a family or household member who 72
has been a victim of domestic violence, or any person who 73
has been the victim of stalking or sexual assault, or a 74
person filing on behalf of a child pursuant to section 75
455.503 who has filed a verified petition pursuant to the 76
provisions of section 455.020 or section 455.505; 77
(13) "Respondent", the family or household member 78
alleged to have committed an act of domestic vi olence, or 79
person alleged to have committed an act of stalking or 80
sexual assault, against whom a verified petition has been 81 52
SCS HCS HB 2064 & HCS NO. 2 HB 1886
filed or a person served on behalf of a child pursuant to 82
section 455.503; 83
(14) "Sexual assault", as defined under subdivi sion 84
(1) of this section; 85
(15) "Stalking", is when any person purposely engages 86
in an unwanted course of conduct that causes alarm to 87
another person, or a person who resides together in the same 88
household with the person seeking the order of prot ection 89
when it is reasonable in that person's situation to have 90
been alarmed by the conduct. As used in this subdivision: 91
(a) "Alarm", to cause fear of danger of physical harm; 92
and 93
(b) "Course of conduct", two or more acts that serve 94
no legitimate purpose including, but not limited to, acts in 95
which the stalker directly, indirectly, or through a third 96
party follows, monitors, observes, surveils, threatens, or 97
communicates to a person by any action, method, or device. 98
455.035. 1. Upon the filing of a verified petition 1
pursuant to sections 455.010 to 455.085 and for good cause 2
shown in the petition, the court may immediately issue an ex 3
parte order of protection. An immediate and present danger 4
of domestic violence to the petitioner or the child on whose 5
behalf the petition is filed shall constitute good cause for 6
purposes of this section. An ex parte order of protection 7
entered by the court shall take effect when entered and 8
shall remain in effect until there is valid service of 9
process and a hearing is held on the motion. The court 10
shall deny the ex parte order and dismiss the petition if 11
the petitioner is not authorized to seek relief pursuant to 12
section 455.020. 13
2. Failure to serve an ex parte ord er of protection on 14
the respondent shall not affect the validity or 15 53
SCS HCS HB 2064 & HCS NO. 2 HB 1886
enforceability of such order. If the respondent is less 16
than [seventeen] eighteen years of age, unless otherwise 17
emancipated, service of process shall be made upon a 18
custodial parent or guardian of the respondent, or upon a 19
guardian ad litem appointed by the court, requiring that the 20
person appear and bring the respondent before the court at 21
the time and place stated. 22
3. If an ex parte order is entered and the respondent 23
is less than [seventeen] eighteen years of age, the court 24
shall transfer the case to juvenile court for a hearing on a 25
full order of protection. The court shall appoint a 26
guardian ad litem for any such respondent not represented by 27
a parent or guardian. 28
455.513. 1. The court may immediately issue an ex 1
parte order of protection upon the filing of a verified 2
petition under sections 455.500 to 455.538, for good cause 3
shown in the petition, and upon finding that: 4
(1) No prior order regarding custody involving the 5
respondent and the child is pending or has been made; or 6
(2) The respondent is less than [seventeen] eighteen 7
years of age. 8
An immediate and present danger of domestic violence, 9
including danger to the child's pet, stalking, or sexual 10
assault to a child shall constitute good cause for purposes 11
of this section. An ex parte order of protection entered by 12
the court shall be in effect until the time of the hearing. 13
The court shall deny the ex parte order and d ismiss the 14
petition if the petitioner is not authorized to seek relief 15
pursuant to section 455.505. 16
2. Upon the entry of the ex parte order of protection, 17
the court shall enter its order appointing a guardian ad 18 54
SCS HCS HB 2064 & HCS NO. 2 HB 1886
litem or court-appointed special advocate to represent the 19
child victim. 20
3. If the allegations in the petition would give rise 21
to jurisdiction under section 211.031, the court may direct 22
the children's division to conduct an investigation and to 23
provide appropriate services. The division shall submit a 24
written investigative report to the court and to the 25
juvenile officer within thirty days of being ordered to do 26
so. The report shall be made available to the parties and 27
the guardian ad litem or court -appointed special advocat e. 28
4. If the allegations in the petition would give rise 29
to jurisdiction under section 211.031 because the respondent 30
is less than [seventeen] eighteen years of age, the court 31
may issue an ex parte order and shall transfer the case to 32
juvenile court for a hearing on a full order of protection. 33
Service of process shall be made pursuant to section 455.035. 34
456.950. 1. As used in this section, "qualified 1
spousal trust" means a trust: 2
(1) The settlors of which are married to each other at 3
the time of the creation of the trust; and 4
(2) The terms of which provide that during the joint 5
lives of the settlors or the life of the sole surviving 6
settlor all property transferred to, or held by, the trustee 7
are: 8
(a) Held and administered in one trust for the benefit 9
of both settlors, which may be revocable by either settlor 10
or both settlors while either or both are alive, and by one 11
settlor after the death or incapacity of the other, and each 12
settlor having the ri ght to receive distributions of income 13
or principal, whether mandatory or within the discretion of 14
the trustee, from the entire trust for the joint lives of 15
the settlors and for the survivor's life; or 16 55
SCS HCS HB 2064 & HCS NO. 2 HB 1886
(b) Held and administered in two or more separate 17
shares of one trust for the benefit of each or both of the 18
settlors, with the trust revocable by each settlor with 19
respect to that settlor's separate share of that trust 20
without the participation or consent of the other settlor, 21
and each settlor having the right to receive distributions 22
of income or principal, whether mandatory or within the 23
discretion of the trustee, from that settlor's separate 24
share for that settlor's life; or 25
(c) Held and administered under the terms and 26
conditions contained in paragraphs (a) and (b) of this 27
subdivision. 28
2. A qualified spousal trust may contain any other 29
trust terms that are not inconsistent with the provisions of 30
this section, including, without limitation, a discretionary 31
power to distribute trust property to a person in addition 32
to a settlor. 33
3. All property at any time held in a qualified 34
spousal trust, without regard to how such property was 35
titled prior to it being so held [,]: 36
(1) Shall have the same immunity from the cl aims of a 37
separate creditor of either settlor as if such property were 38
held outside the trust by the settlors as tenants by the 39
entirety, unless otherwise provided in writing by the 40
settlor or settlors who transferred such property to the 41
trust, and such property shall be treated for that purpose, 42
including without limitation, federal and state bankruptcy 43
laws, as tenants by entirety property [. Property held in a 44
qualified spousal trust ]; 45
(2) With the exception of any written financial 46
obligations, written guarantees, or secured or unsecured 47
transactions executed by the settlors and held in a 48 56
SCS HCS HB 2064 & HCS NO. 2 HB 1886
qualified spousal trust, shall continue to be immune and 49
exempt from attachment during the life of the surviving 50
settlor to the extent the property was held in a qualified 51
spousal trust prior to the death of the first settlor and 52
remains in a qualified spousal trust. This includes any 53
property appreciation; and 54
(3) Shall cease to receive immunity from the claims of 55
creditors upon the dissolution of marriage of the settlors 56
by a court. 57
4. As used in this section, "property" means any 58
interest in any type of property held in a qualified spousal 59
trust, the income thereon, and any property into which such 60
interest, proceeds, or income may be converted. 61
5. Upon the death of each settlor, all property held 62
by the trustee of the qualified spousal trust shall be 63
distributed as directed by the then current terms of the 64
governing instrument of such trust. Upon the death of the 65
first settlor to die, if immediately prior to death the 66
predeceased settlor's interest in the qualified spousal 67
trust was then held or deemed to be held in such settlor's 68
separate share, the property held in such settlor's separate 69
share may pass into an i rrevocable trust for the benefit of 70
the surviving settlor or other beneficiary upon such terms 71
as the governing instrument shall direct, including without 72
limitation a spendthrift provision as provided in section 73
456.5-502. Property may be held in or transferred to a 74
settlor's joint or separate share of a trust: 75
(1) By designation under the current terms of the 76
governing instrument of such trust; 77
(2) According to the specific titling of property or 78
other designation that refers to such j oint or separate 79
share of such trust; or 80 57
SCS HCS HB 2064 & HCS NO. 2 HB 1886
(3) By designation to the trustee as the owner as 81
provided in section 456.1 -113. 82
6. The respective rights of settlors who are married 83
to each other in any property for purposes of a dissolution 84
of the settlors' marriage shall not be affected or changed 85
by reason of the transfer of that property to, or its 86
subsequent administration as an asset of, a qualified 87
spousal trust during the marriage of the settlors, unless 88
both settlors expressly agree ot herwise in writing. 89
7. No transfer to a qualified spousal trust shall 90
avoid or defeat the Missouri uniform fraudulent transfer act 91
in chapter 428. 92
8. This section shall apply to all trusts which 93
fulfill the criteria set forth in this section for a 94
qualified spousal trust regardless of whether such trust was 95
created before, on, or after August 28, 2011. 96
469.399. Sections 469.399 to 469.487 shall be known 1
and may be cited as the "Missouri Uniform Fiduciary Income 2
and Principal Act". 3
469.401. As used in sections [469.401] 469.399 to 1
[469.467] 469.487, the following terms mean: 2
(1) "Accounting period", a calendar year unless 3
[another twelve-month period is selected by ] a fiduciary 4
selects another period of twelve calendar months or 5
approximately twelve calendar months . The term "accounting 6
period" includes a [portion] part of a calendar year or 7
[other twelve-month] another period [that] of twelve 8
calendar months or approximately twelve calen dar months that 9
begins when an income interest begins or ends when an income 10
interest ends; 11
(2) "Asset-backed security", a security that is 12
serviced primarily by the cash flows of a discrete pool of 13 58
SCS HCS HB 2064 & HCS NO. 2 HB 1886
fixed or revolving receivables or other financi al assets 14
that by their terms convert into cash within a finite time. 15
The term "asset-backed security" includes rights or other 16
assets that ensure the servicing or timely distribution of 17
proceeds to the holder of the asset -backed security. The 18
term "asset-backed security" does not include an asset to 19
which section 469.423, 469.437, or 469.447 applies; 20
(3) "Beneficiary", includes: 21
(a) For a trust: 22
a. A current beneficiary, including a current income 23
beneficiary and a beneficiary th at may receive only 24
principal; 25
b. A remainder beneficiary; and 26
c. Any other successor beneficiary; 27
(b) For an estate, an heir, legatee, and devisee [of a 28
decedent's estate, and an income beneficiary and a remainder 29
beneficiary of a tru st, including any type of entity that 30
has a beneficial interest in either an estate or a trust ]; 31
and 32
(c) For a life estate or term interest, a person that 33
holds a life estate, term interest, or remainder or other 34
interest following a life estate or term interest; 35
(4) "Court", any court in this state having 36
jurisdiction relating to a trust, estate, life estate, or 37
other term interest described in subdivision (2) of 38
subsection 1 of section 469.402; 39
(5) "Current income beneficiary", a beneficiary to 40
which a fiduciary may distribute net income, whether or not 41
the fiduciary also may distribute principal to the 42
beneficiary; 43
(6) "Distribution", a payment or transfer by a 44
fiduciary to a beneficiary in the beneficiary's capacity as 45 59
SCS HCS HB 2064 & HCS NO. 2 HB 1886
a beneficiary, made under the terms of the trust, without 46
consideration other than the beneficiary's right to receive 47
the payment or transfer under the terms of the trust. The 48
terms "distribute", "distributed", and "distributee" have 49
corresponding meanings; 50
(7) "Estate", a decedent's estate. The term "estate" 51
includes the property of the decedent as the estate is 52
originally constituted and the property of the estate as it 53
exists at any time during administration; 54
[(3)] (8) "Fiduciary", includes a trustee, trust 55
protector determined in section 456.8 -808, personal 56
representative, [trustee, executor, administrator, successor 57
personal representative, special administrator and any other 58
person performing substantially the same function ] life 59
tenant, holder of a term "fiduciary" interest, and person 60
acting under a delegation from a fiduciary. The term 61
"fiduciary" includes a person that holds property for a 62
successor beneficiary whose interest may be affected by an 63
allocation of receipts and expenditures between income and 64
principal. If there are two or more cofiduciaries, the term 65
"fiduciary" includes all cofiduciaries acting under the 66
terms of the trust and applicable law ; 67
[(4)] (9) "Income", money or other property [that] a 68
fiduciary receives as current return from [a] principal 69
[asset, including a portion ]. The term "income" includes a 70
part of receipts from a sale, exchange , or liquidation of a 71
principal asset, [as] to the extent provided in sections 72
469.423 to 469.449; 73
[(5) "Income beneficiary", a person to whom net income 74
of a trust is or may be payable; 75
(6)] (10) "Income interest", the right of [an] a 76
current income beneficiary to receive all or part of net 77 60
SCS HCS HB 2064 & HCS NO. 2 HB 1886
income, whether the terms of the trust requ ire [it] the net 78
income to be distributed or authorize [it] the net income to 79
be distributed in the [trustee's] fiduciary's discretion. 80
The term "income interest" includes the right of a current 81
beneficiary to use property held by a fiduciary ; 82
(11) "Independent person", a person that is not: 83
(a) For a trust: 84
a. A qualified beneficiary as defined in section 456.1 - 85
103; 86
b. A settlor of the trust; or 87
c. An individual whose legal obligation to support a 88
beneficiary may be sat isfied by a distribution from the 89
trust; 90
(b) For an estate, a beneficiary; 91
(c) A spouse, parent, brother, sister, or issue of an 92
individual described in paragraph (a) or (b) of this 93
subdivision; 94
(d) A corporation, partnership, limited liability 95
company, or other entity in which persons described in 96
paragraphs (a) to (c) of this subdivision, in the aggregate, 97
have voting control; or 98
(e) An employee of a person described in paragraph 99
(a), (b), (c), or (d) of this subdivision; 100
[(7)] (12) "Mandatory income interest", the right of 101
[an] a current income beneficiary to receive net income that 102
the terms of the trust require the fiduciary to distribute; 103
[(8)] (13) "Net income", [if section 469.411 applies 104
to the trust, the unitrust amount, or if section 469.411 105
does not apply to the trust, ] the total [receipts allocated 106
to income] allocations during an accounting period to income 107
under the terms of a trust and sections 469.399 to 469.487 108
minus the disbursements [made from income during the same 109 61
SCS HCS HB 2064 & HCS NO. 2 HB 1886
period, plus or minus transfers pursuant to sections 469.401 110
to 469.467 to or from income during the same period ] during 111
the period, other than distributions, allocated to income 112
under the terms of the trust and sections 469. 399 to 113
469.487. To the extent the trust is a unitrust under 114
sections 469.471 to 469.487, the term "net income" means the 115
unitrust amount determined thereunder. The term "net 116
income" includes an adjustment from principal to income 117
under section 469.405. The term "net income" does not 118
include an adjustment from income to principal under section 119
469.405; 120
[(9)] (14) "Person", an individual, [corporation, 121
business trust,] estate, trust, [partnership, limited 122
liability company, association, join t venture] business or 123
nonprofit entity, public corporation , government[,] or 124
governmental subdivision, agency, or instrumentality, 125
[public corporation] or [any] other legal [or commercial] 126
entity; 127
(15) "Personal representative", an executor, 128
administrator, successor personal representative, special 129
administrator, or person that performs substantially the 130
same function with respect to an estate under the law 131
governing the person's status; 132
[(10)] (16) "Principal", property held in trust f or 133
distribution to [a remainder], production of income for, or 134
use by a current or successor beneficiary [when the trust 135
terminates]; 136
[(11) "Qualified beneficiary", a beneficiary defined 137
in section 456.1-103; 138
(12) "Remainder beneficiary", a person entitled to 139
receive principal when an income interest ends; 140 62
SCS HCS HB 2064 & HCS NO. 2 HB 1886
(13)] (17) "Record", information that is inscribed on 141
a tangible medium or that is stored in an electronic or 142
other medium and is retrievable in perceivable form; 143
(18) "Settlor", a person, including a testator, that 144
creates or contributes property to a trust. If more than 145
one person creates or contributes property to a trust, the 146
term "settlor" includes each person, to the extent of the 147
trust property attributable to tha t person's contribution, 148
except to the extent another person has the power to revoke 149
or withdraw that portion; 150
(19) "Special tax benefit": 151
(a) Exclusion of a transfer to a trust from gifts 152
described in 26 U.S.C. Section 2503(b), as amended, because 153
of the qualification of an income interest in the trust as a 154
present interest in property; 155
(b) Status as a qualified subchapter S trust described 156
in 26 U.S.C. Section 1361(d)(3), as amended, at a time the 157
trust holds stock of an S corpora tion described in 26 U.S.C. 158
Section 1361(a)(1), as amended; 159
(c) An estate or gift tax marital deduction for a 160
transfer to a trust under 26 U.S.C. Section 2056 or 2523, as 161
amended, which depends or depended in whole or in part on 162
the right of the settlor's spouse to receive the net income 163
of the trust; 164
(d) Exemption in whole or in part of a trust from the 165
federal generation-skipping transfer tax imposed by 26 166
U.S.C. Section 2601, as amended, because the trust was 167
irrevocable on September 25, 1985, if there is any 168
possibility that: 169
a. A taxable distribution, as defined in 26 U.S.C. 170
Section 2612(b), as amended, could be made from the trust; or 171 63
SCS HCS HB 2064 & HCS NO. 2 HB 1886
b. A taxable termination, as defined in 26 U.S.C. 172
Section 2612(a), as amended, could occur with respect to the 173
trust; or 174
(e) An inclusion ratio, as defined in 26 U.S.C. 175
Section 2642(a), as amended, of the trust which is less than 176
one, if there is any possibility that: 177
a. A taxable distribution, as defined in 26 U.S.C. 178
Section 2612(b), as amended, could be made from the trust; or 179
b. A taxable termination, as defined in 26 U.S.C. 180
Section 2612(a), as amended, could occur with respect to the 181
trust; 182
(20) "Successive interest", the interest of a 183
successor beneficiary; 184
(21) "Successor beneficiary", a person entitled to 185
receive income or principal or to use property when an 186
income interest or other current interest ends; 187
(22) "Terms of a trust": 188
(a) Except as otherwise provided in paragraph (b) of 189
this subdivision, the manifestation of the settlor's [or 190
decedent's] intent regarding a trust's provisions as: 191
a. Expressed in [a manner which is] the trust 192
instrument; or 193
b. Established by other evidence that would be 194
admissible [as proof] in a judicial proceeding [, whether by 195
written or spoken words or by conduct ]; 196
(b) The trust's provisions as established, determined, 197
or amended by: 198
a. A trustee or trust director in accordance with 199
applicable law; 200
b. Court order; or 201
c. A nonjudicial settlement agreement under section 202
456.1-111; 203 64
SCS HCS HB 2064 & HCS NO. 2 HB 1886
(c) For an estate, a will; or 204
(d) For a life estate or term interest, the 205
corresponding manifestation of the rights of the 206
beneficiaries; 207
(23) "Trust": 208
(a) Includes: 209
a. An express trust, private or charitable, with 210
additions to the trust, wherever and however created; and 211
b. A trust created or determined by judgment or decree 212
under which the trust is to be administered in the manner of 213
an express trust; and 214
(b) Does not include: 215
a. A constructive trust; 216
b. A resulting trust, conservatorship, guardianship, 217
multi-party account, custodial arrangement for a minor, 218
business trust, voting trust, security arrangement, 219
liquidation trust, or trust for the primary purpose of 220
paying debts, dividends, interest, salaries, wages, profits, 221
pensions, retirement benefits, or employee benefits of any 222
kind; or 223
c. An arrangement under which a person is a nominee, 224
escrowee, or agent for anot her; 225
[(14)] (24) "Trustee", a person, other than a personal 226
representative, that owns or holds property for the benefit 227
of a beneficiary. The term "trustee" includes an original, 228
additional, or successor trustee, whether or not appointed 229
or confirmed by a court; 230
[(15) "Unitrust amount", net income as defined by 231
section 469.411] 232
(25) "Will", any testamentary instrument recognized by 233
applicable law that makes a legally effective disposition of 234
an individual's property, effective at the individual's 235 65
SCS HCS HB 2064 & HCS NO. 2 HB 1886
death. The term "will" includes a codicil or other 236
amendment to a testamentary instrument . 237
469.402. [The provisions of sections 456.3 -301 to 1
456.3-305 shall apply to sections 469.401 to 469.467 for all 2
purposes.] 1. Except as otherwise provided in the terms of 3
a trust or sections 469.399 to 469.487, sections 469.399 to 4
469.487 apply to: 5
(1) A trust or estate; and 6
(2) A life estate or other term interest in which the 7
interest of one or more persons wi ll be succeeded by the 8
interest of one or more other persons. 9
2. Except as otherwise provided in the terms of a 10
trust or sections 469.399 to 469.487, sections 469.399 to 11
469.487 apply when this state is the principal place of 12
administration of a trust or estate or the situs of property 13
that is not held in a trust or estate and is subject to a 14
life estate or other term interest described in subdivision 15
(2) of subsection 1 of this section. By accepting the 16
trusteeship of a trust having its prin cipal place of 17
administration in this state or by moving the principal 18
place of administration of a trust to this state, the 19
trustee submits to the application of sections 469.399 to 20
469.487 to any matter within the scope of sections 469.399 21
to 469.487 involving the trust. 22
469.403. 1. [In allocating receipts and disbursements 1
to or between principal and income, and with respect to any 2
matter within the scope of ] In making an allocation or 3
determination or exercising discretion p ursuant to sections 4
469.413 to 469.421, a fiduciary shall: 5
(1) [Shall] Act in good faith, based on what is fair 6
and reasonable to all beneficiaries; 7 66
SCS HCS HB 2064 & HCS NO. 2 HB 1886
(2) Administer a trust or estate [under] impartially, 8
except to the extent the terms of the trust manifest an 9
intent that the fiduciary shall or [the will] may favor one 10
or more beneficiaries; 11
(3) Administer the trust or estate in accordance with 12
the terms of the trust , even if there is a different 13
provision in sections [469.401] 469.399 to [469.467] 14
469.487; and 15
[(2) May] (4) Administer [a] the trust or estate [by 16
exercising] in accordance with sections 469.399 to 469.487, 17
except to the extent the terms of the trust provide 18
otherwise or authorize the fiduciary to determine ot herwise. 19
2. A fiduciary's allocation, determination, or 20
exercise of discretion pursuant to sections 469.399 to 21
469.487 is presumed to be fair and reasonable to all 22
beneficiaries. A fiduciary may exercise a discretionary 23
power of administration given to the fiduciary by the terms 24
of the trust [or the will, even if the ], and an exercise of 25
the power that produces a result different from a result 26
required or permitted by sections [469.401] 469.399 to 27
[469.467;] 469.487 does not create an infere nce that the 28
fiduciary abused the fiduciary's discretion. 29
[(3) Shall administer a trust or estate pursuant ] 30
3. A fiduciary shall: 31
(1) Add a receipt to [sections 469.401 to 469.467 if ] 32
principal, to the extent neither the terms of the trust [or 33
the will do not contain a different provision or do not 34
give] nor sections 469.399 to 469.487 allocate the 35
[fiduciary a discretionary power of administration ] receipt 36
between income and principal ; and 37
[(4) Shall add a receipt or ] (2) Charge a 38
disbursement to principal , to the extent [that the terms of 39 67
SCS HCS HB 2064 & HCS NO. 2 HB 1886
the trust and sections 469.401 to 469.467 do not provide a 40
rule for allocating the receipt or disbursement to or 41
between principal and income. 42
2. In exercising the power to adjus t pursuant to 43
section 469.405 or a discretionary power of administration 44
regarding a matter within the scope of sections 469.401 to 45
469.467, whether granted by the terms of a trust, a will, or 46
sections 469.401 to 469.467, a fiduciary shall administer a 47
trust or estate impartially, based on what is fair and 48
reasonable to all of the beneficiaries, except to the extent 49
that the terms of the trust or the will clearly manifest an 50
intent that the fiduciary shall or may favor one or more of 51
the beneficiaries. A determination in accordance with 52
sections 469.401 to 469.467 is presumed to be fair and 53
reasonable to all of the beneficiaries ] neither the terms of 54
the trust nor sections 469.399 to 469.487 allocate the 55
disbursement between income and principa l. 56
4. A fiduciary may exercise the power to adjust under 57
section 469.405, convert an income trust to a unitrust under 58
subdivision (1) of subsection 1 of section 469.475, change 59
the percentage or method used to calculate a unitrust amount 60
under subdivision (2) of subsection 1 of section 469.475, or 61
convert a unitrust to an income trust under subdivision (3) 62
of subsection 1 of section 469.475, if the fiduciary 63
determines the exercise of the power will assist the 64
fiduciary to administer the trust or estate impartially. 65
5. Factors the fiduciary shall consider in making the 66
determination under subsection 4 of this section include: 67
(1) The terms of the trust; 68
(2) The nature, distribution standards, and expected 69
duration of the trust; 70 68
SCS HCS HB 2064 & HCS NO. 2 HB 1886
(3) The effect of the allocation rules, including 71
specific adjustments between income and principal, under 72
sections 407.413 to 407.461; 73
(4) The desirability of liquidity and regularity of 74
income; 75
(5) The desirability of the preserv ation and 76
appreciation of principal; 77
(6) The extent to which an asset is used or may be 78
used by a beneficiary; 79
(7) The increase or decrease in the value of principal 80
assets, reasonably determined by the fiduciary; 81
(8) Whether and to what extent the terms of the trust 82
give the fiduciary power to accumulate income or invade 83
principal or prohibit the fiduciary from accumulating income 84
or invading principal; 85
(9) The extent to which the fiduciary has accumulated 86
income or invaded principal in preceding accounting periods; 87
(10) The effect of current and reasonably expected 88
economic conditions; and 89
(11) The reasonably expected tax consequences of the 90
exercise of the power. 91
469.404. 1. As used in this section, the term 1
"fiduciary decision" means: 2
(1) A fiduciary's allocation between income and 3
principal or other determination regarding income and 4
principal required or authorized by the terms of the trust 5
or sections 469.399 to 469.487; 6
(2) The fiduciary's exercise or nonexercise of a 7
discretionary power regarding income and principal granted 8
by the terms of the trust or sections 469.399 to 469.487, 9
including the power to adjust under section 469.405, convert 10
an income trust to a unit rust under subdivision (1) of 11 69
SCS HCS HB 2064 & HCS NO. 2 HB 1886
subsection 1 of section 469.475, change the percentage or 12
method used to calculate a unitrust amount under subdivision 13
(2) of subsection 1 of section 469.475, or convert a 14
unitrust to an income trust under subdivision (3) of 15
subsection 1 of section 469.475; or 16
(3) The fiduciary's implementation of a decision 17
described in subdivision (1) or (2) of this subsection. 18
2. The court shall not order a fiduciary to change a 19
fiduciary decision unless the court determin es that the 20
fiduciary decision was an abuse of the fiduciary's 21
discretion. 22
3. If the court determines that a fiduciary decision 23
was an abuse of the fiduciary's discretion, the court may 24
order a remedy authorized by law, including under section 25
456.10-1001. To place the beneficiaries in the positions 26
the beneficiaries would have occupied if there had not been 27
an abuse of the fiduciary's discretion, the court may order: 28
(1) The fiduciary to exercise or refrain from 29
exercising the power to adjust under section 469.405; 30
(2) The fiduciary to exercise or refrain from 31
exercising the power to convert an income trust to a 32
unitrust under subdivision (1) of subsection 1 of section 33
469.475, change the percentage or method used to calculate a 34
unitrust amount under subdivision (2) of subsection 1 of 35
section 469.475, or convert a unitrust to an income trust 36
under subdivision (3) of subsection 1 of section 469.475; 37
(3) The fiduciary to distribute an amount to a 38
beneficiary; 39
(4) A beneficiary to return some or all of a 40
distribution; or 41
(5) The fiduciary to withhold an amount from one or 42
more future distributions to a beneficiary. 43 70
SCS HCS HB 2064 & HCS NO. 2 HB 1886
4. On petition by a fiduciary for instruction, the 44
court may determine whether a propose d fiduciary decision 45
will result in an abuse of the fiduciary's discretion. If 46
the petition describes the proposed decision, contains 47
sufficient information to inform the beneficiary of the 48
reasons for making the proposed decision and the facts on 49
which the fiduciary relies, and explains how the beneficiary 50
will be affected by the proposed decision, a beneficiary 51
that opposes the proposed decision has the burden to 52
establish that it will result in an abuse of the fiduciary's 53
discretion. 54
469.405. 1. [A trustee may adjust between principal 1
and income to the extent the trustee considers necessary if 2
the trustee invests and manages trust assets as a prudent 3
investor, the terms of the trust describe the amount that 4
may or shall be distributed to a beneficiary by referring to 5
the trust's income, and the trustee determines, after 6
applying subsection 1 of section 469.403, that the trustee 7
is unable to comply with subsection 2 of section 469.403. ] 8
Except as otherwise p rovided in the terms of a trust or this 9
section, a fiduciary, in a record, without court approval, 10
may adjust between income and principal if the fiduciary 11
determines the exercise of the power to adjust will assist 12
the fiduciary to administer the trust or estate impartially. 13
2. This section does not create a duty to exercise or 14
consider the power to adjust under subsection 1 of this 15
section or to inform a beneficiary about the applicability 16
of this section. 17
3. A fiduciary that in good fai th exercises or fails 18
to exercise the power to adjust under subsection 1 of this 19
section is not liable to a person affected by the exercise 20
or failure to exercise. 21 71
SCS HCS HB 2064 & HCS NO. 2 HB 1886
[2.] 4. In deciding whether and to what extent to 22
exercise the power [conferred by] to adjust under subsection 23
1 of this section, a [trustee] fiduciary shall consider all 24
factors the fiduciary considers relevant [to the trust and 25
its beneficiaries], including [the following] relevant 26
factors [to the extent relevant: ] in subsection 5 of section 27
469.403 and the application of sections 469.423, 469.435, 28
and 469.445. 29
[(1) The nature, purpose and expected duration of the 30
trust; 31
(2) The intent of the settlor; 32
(3) The identity and circumstances of the 33
beneficiaries; 34
(4) The needs for liquidity, regularity of income, and 35
preservation and appreciation of capital; 36
(5) The assets held in the trust, including the extent 37
to which such assets consist of financial assets, interests 38
in closely held enterprises, ta ngible and intangible 39
personal property, or real property, and the extent to which 40
such assets are used by a beneficiary, and whether such 41
assets were purchased by the trustee or received from the 42
settlor; 43
(6) The net amount allocated to income p ursuant to 44
sections 469.401 to 469.467, other than this section, and 45
the increase or decrease in the value of the principal 46
assets, which the trustee may estimate as to assets for 47
which market values are not readily available; 48
(7) Whether and to what extent the terms of the trust 49
give the trustee the power to invade principal or accumulate 50
income, or prohibit the trustee from invading principal or 51
accumulating income, and the extent to which the trustee has 52 72
SCS HCS HB 2064 & HCS NO. 2 HB 1886
exercised a power from time to time to invade principal or 53
accumulate income; 54
(8) The actual and anticipated effect of economic 55
conditions on principal and income and effects of inflation 56
and deflation; and 57
(9) The anticipated tax consequences of an adjustment. 58
3.] 5. A [trustee may] fiduciary shall not exercise 59
the power under subsection 1 of this section to make an 60
adjustment or under section 469.435 to make a determination 61
that an allocation is insubstantial if : 62
(1) [That diminishes the income interest in a tr ust 63
which requires all of the income to be paid at least 64
annually to a spouse and for which an estate tax or gift tax 65
marital deduction would be allowed, in whole or in part, if 66
the trustee did not have the power to make the adjustment; 67
(2) That reduces the actuarial value of the income 68
interest in a trust to which a person transfers property 69
with the intent to qualify for a gift tax exclusion; 70
(3) That changes] The adjustment or determination 71
would reduce the amount payable to a [beneficiary] current 72
income beneficiary from a trust that qualifies for a special 73
tax benefit, except to the extent the adjustment is made to 74
provide for a reasonable apportionment of the total return 75
of the trust between the current income beneficiary and 76
successor beneficiaries; 77
(2) The adjustment or determination would change the 78
amount payable to a beneficiary, as a fixed annuity or a 79
fixed fraction of the value of the trust assets , under the 80
terms of the trust; 81
[(4) From any] (3) The adjustment or determination 82
would reduce an amount that is permanently set aside for a 83
charitable [purposes] purpose under [a will or] the terms of 84 73
SCS HCS HB 2064 & HCS NO. 2 HB 1886
[a] the trust [to the extent that the existence of the power 85
to adjust would change the character of the amo unt], unless 86
both income and principal are set aside for [federal income, 87
gift or estate tax purposes ] the charitable purpose ; 88
[(5) If ] (4) Possessing or exercising the power [to 89
make an adjustment causes an individual ] would cause a 90
person to be treated as the owner of all or part of the 91
trust for [income tax purposes, and the individual would not 92
be treated as the owner if the trustee did not possess the 93
power to make an adjustment ] federal income tax purposes ; 94
[(6) If ] (5) Possessing or exercising the power [to 95
make an adjustment causes ] would cause all or part of the 96
value of the trust assets to be included [for estate tax 97
purposes] in the gross estate of an individual [who has] for 98
federal estate tax purposes; 99
(6) Possessing or exercising the power [to remove or 100
appoint a trustee, or both, ] would cause an individual to be 101
treated as making a gift for federal gift tax purposes; 102
(7) The fiduciary is not an independent person; 103
(8) The trust is irrevocable and [the assets would not 104
be included in the estate of the individual if the trustee 105
did not possess] provides for income to be paid to the 106
settlor and possessing or exercising the power [to make an 107
adjustment] would cause the adjusted principal or income t o 108
be considered an available resource or available income 109
under a public-benefit program; or 110
[(7) If the trustee is a beneficiary of the trust; or 111
(8) If the trustee is not a beneficiary, but the 112
adjustment would benefit the trustee directly or indirectly] 113
(9) The trust is a unitrust under sections 469.471 to 114
469.487. 115 74
SCS HCS HB 2064 & HCS NO. 2 HB 1886
[4.] 6. If [subdivision (5), (6), (7) or (8) of ] 116
subsection [3] 5 of this section applies to a [trustee and 117
there is more than one trustee, a cotrustee to whom t he 118
provision does] fiduciary: 119
(1) A cofiduciary to which subdivisions (4) to (7) of 120
subsection 5 of this section do not apply may [make] 121
exercise the [adjustment] power to adjust unless the 122
exercise of the power by the remaining [trustee or trustees] 123
cofiduciary or cofiduciaries is not permitted by the terms 124
of the trust or law other than sections 469.399 to 469.487; 125
and 126
(2) If there is no cofiduciary to which subdivisions 127
(4) to (7) of subsection 5 of this section do not apply, the 128
fiduciary may appoint a cofiduciary to which subdivisions 129
(4) to (7) of subsection 5 of this section do not apply, 130
which may be a special fiduciary with limited powers, and 131
the appointed cofiduciary may exercise the power to adjust 132
under subsection 1 of t his section, unless the appointment 133
of a cofiduciary or the exercise of the power by a 134
cofiduciary is not permitted by the terms of the trust or 135
law other than under sections 469.399 to 469.487 . 136
[5.] 7. A [trustee] fiduciary may release [the entire 137
power conferred by subsection 1 of this section, or may 138
release only the power to adjust from income to principal or 139
the power to adjust from principal to income if the trustee 140
is uncertain about whether possessing or exercising the 141
power will] or delegate to a cofiduciary the power to adjust 142
under subsection 1 of this section if the fiduciary 143
determines that the fiduciary's possession or exercise of 144
the power will or may: 145
(1) Cause a result described in subdivisions (1) to 146
(6) or subdivision (8) of subsection [3] 5 of this section 147 75
SCS HCS HB 2064 & HCS NO. 2 HB 1886
[,]; or [if the trustee determines that possessing or 148
exercising the power will or may ] 149
(2) Deprive the trust of a tax benefit or impose a tax 150
burden not described in subdivisions (1) to (6) of 151
subsection [3] 5 of this section. 152
8. A fiduciary's release or delegation to a 153
cofiduciary under subsection 7 of this section of the power 154
to adjust under subsection 1 of this section: 155
(1) Shall be in a record; 156
(2) Applies to the entire power, un less the release or 157
delegation provides a limitation, which may be a limitation 158
to the power to adjust: 159
(a) From income to principal; 160
(b) From principal to income; 161
(c) For specified property; or 162
(d) In specified circumstances; 163
(3) For a delegation, may be modified by a 164
redelegation under this subsection by the cofiduciary to 165
which the delegation is made; and 166
(4) Subject to subdivision (3) of this subsection, is 167
[may be] permanent [or for] unless the release or delega tion 168
provides a specified period, including a period measured by 169
the life of an individual or the lives of more than one 170
individual. 171
[6.] 9. Terms of a trust that deny or limit the power 172
[of a trustee] to [make an adjustment] adjust between income 173
and principal [and income] do not affect the application of 174
this section unless [it is clear from] the terms of the 175
trust [that the terms are intended to ] expressly deny [the 176
trustee] or limit the power [of adjustment conferred by ] to 177
adjust under subsection 1 of this section. 178 76
SCS HCS HB 2064 & HCS NO. 2 HB 1886
10. The exercise of the power to adjust under 179
subsection 1 of this section in any accounting period may 180
apply to the current period, the immediately preceding 181
period, and one or more subsequent periods. 182
11. A description of the exercise of the power to 183
adjust under subsection 1 of this section shall be: 184
(1) Included in a report, if any, sent to 185
beneficiaries under subsection 3 of section 456.8 -813; or 186
(2) Communicated at least annually to the qualif ied 187
beneficiaries defined under section 456.1 -103 other than all 188
beneficiaries that receive or are entitled to receive income 189
from the trust or would be entitled to receive a 190
distribution of principal if the trust were terminated at 191
the time the notice is sent, assuming no power of 192
appointment is exercised. 193
469.413. [After a decedent dies, in the case ] 1. This 1
section applies when: 2
(1) The death of an individual results in the creation 3
of an estate[, or after] or trust; or 4
(2) An income interest in a trust [ends, the following 5
rules apply:] terminates, whether the trust continues or is 6
distributed. 7
[(1)] 2. A fiduciary of an estate or [of a 8
terminating] trust with an income interest that terminates 9
shall determine, under subsection 7 of this section and 10
sections 469.417 to 469.462, the amount of net income and 11
net principal receipts received from property specifically 12
given to a beneficiary [pursuant to the rules in sections 13
469.417 to 469.461 which apply to trustees and the rules in 14
subdivision (5) of this section ]. The fiduciary shall 15
distribute the net income and net principal receipts to the 16 77
SCS HCS HB 2064 & HCS NO. 2 HB 1886
beneficiary [who] that is to receive the specific 17
property[;]. 18
[(2)] 3. A fiduciary shall determine t he [remaining] 19
income and net income of [a decedent's] an estate or [a 20
terminating] income interest [pursuant to the rules in ] in a 21
trust that terminates, other than the amount of net income 22
determined under subsection 2 of this section, under 23
sections 469.417 to [469.461 which apply to trustees ] 24
469.462 and by: 25
[(a)] (1) Including in net income all income from 26
property used or sold to discharge liabilities; 27
[(b)] (2) Paying from income or principal, in the 28
fiduciary's discretion, fees o f attorneys, accountants , and 29
fiduciaries[;], court costs and other expenses of 30
administration[;], and interest on [death] estate and 31
inheritance taxes and other taxes imposed because of the 32
decedent's death, but the fiduciary may pay [those] the 33
expenses from income of property passing to a trust for 34
which the fiduciary claims [an] a federal estate tax marital 35
or charitable deduction only to the extent [that]: 36
(a) The payment of [those] the expenses from income 37
will not cause the reduction or loss of the deduction; [and] 38
or 39
(b) The fiduciary makes an adjustment under subsection 40
2 of section 469.462; and 41
[(c)] (3) Paying from principal [all] other 42
disbursements made or incurred in connection with the 43
settlement of [a decedent's] the estate or the winding up of 44
[a terminating] an income interest[,] that terminates, 45
including: 46
(a) To the extent authorized by the decedent's will, 47
the terms of the trust, or applicable law, debts, funeral 48 78
SCS HCS HB 2064 & HCS NO. 2 HB 1886
expenses, disposition of remains, fa mily allowances, [and 49
death taxes] estate and inheritance taxes, and other taxes 50
imposed because of the decedent's death; and 51
(b) Related penalties that are apportioned , by the 52
decedent's will, the terms of the trust, or applicable law, 53
to the estate or [terminating] income interest [by the will, 54
the terms of the trust, or applicable law; ] that terminates. 55
[(3) A fiduciary shall distribute to a beneficiary who 56
receives a pecuniary amount outright the interest or any 57
other amount provided by the will, the terms of the trust, 58
or in the absence of any such provisions, the provisions of 59
section 473.633, from net income determined pursuant to 60
subdivision (2) of this section or from principal to the 61
extent that net income is insufficient. ] 62
4. If a decedent's will, the terms of a trust, or 63
applicable law provides for the payment of interest or the 64
equivalent of interest to a beneficiary that receives a 65
pecuniary amount outright, the fiduciary shall make the 66
payment from net income d etermined under subsection 3 of 67
this section or from principal to the extent net income is 68
insufficient. 69
5. If a beneficiary is to receive a pecuniary amount 70
outright from a trust after an income interest ends because 71
of an income beneficiary's d eath, and no payment of interest 72
or [other amount] the equivalent of interest is provided for 73
by the terms of the trust or applicable law, the fiduciary 74
shall [distribute] pay the interest or [other amount] the 75
equivalent of interest to which the beneficiary would be 76
entitled under applicable law if the pecuniary amount were 77
required to be paid under a will [;]. 78
[(4)] 6. A fiduciary shall distribute [the] net income 79
remaining after [distributions] payments required by 80 79
SCS HCS HB 2064 & HCS NO. 2 HB 1886
[subdivision (3)] subsections 4 and 5 of this section in the 81
manner described in section 469.415 to all other 82
beneficiaries, including a beneficiary [who] that receives a 83
pecuniary amount in trust, even if the beneficiary holds an 84
unqualified power to withdraw assets from the t rust or other 85
presently exercisable general power of appointment over the 86
trust[;]. 87
[(5)] 7. A fiduciary [may] shall not reduce principal 88
or income receipts from property described in [subdivision 89
(1)] subsection 2 of this section because of a pa yment 90
described in sections 469.451 and 469.453 to the extent 91
[that] the decedent's will, the terms of the trust, or 92
applicable law requires the fiduciary to make the payment 93
from assets other than the property or to the extent [that] 94
the fiduciary recovers or expects to recover the payment 95
from a third party. The net income and principal receipts 96
from the property [are] shall be determined by including 97
[all of] the amounts the fiduciary receives or pays [with 98
respect to] regarding the property, whether [those amounts] 99
the amount accrued or became due before, on , or after the 100
date of [a] the decedent's death or an income interest's 101
terminating event, and [by] making a reasonable provision 102
for [amounts that the fiduciary believes ] an amount the 103
estate or [terminating] income interest may become obligated 104
to pay after the property is distributed. 105
469.415. 1. [Each] Except to the extent sections 1
469.471 to 469.487 apply for a beneficiary that is a trust, 2
each beneficiary described in subdivision [(4)] (6) of 3
section 469.413 is entitled to receive a [portion] share of 4
the net income equal to the beneficiary's fractional 5
interest in undistributed principal assets, using values as 6
of the distribution date. If a fiduciary makes more than 7 80
SCS HCS HB 2064 & HCS NO. 2 HB 1886
one distribution of assets to beneficiaries to [whom] which 8
this section applies, each beneficiary, including [one who] 9
a beneficiary that does not receive part of the 10
distribution, is entitled, as of each distribution date, to 11
a share of the net income the fiduciary [has] received after 12
the [date of] decedent's death [or], an income interest's 13
other terminating event, or [earlier] the preceding 14
distribution [date but has not distributed as of the current 15
distribution date] by the fiduciary. 16
2. In determining a beneficiary's share of net income 17
under subsection 1 of this section , the following rules 18
apply: 19
(1) The beneficiary is entitled to receive a [portion] 20
share of the net income equal to the beneficiary's 21
fractional interest in the undistributed principal assets 22
immediately before the distribution date [, including assets 23
that later may be sold to meet principal obligations ]; 24
(2) The beneficiary's fractional interest [in the 25
undistributed principal assets s hall] under subdivision (1) 26
of this subsection shall be calculated [without regard to 27
property specifically given to a beneficiary and property 28
required to pay pecuniary amounts not in trust; 29
(3) The beneficiary's fractional interest in the 30
undistributed principal assets shall be calculated ]: 31
(a) On the [basis of the] aggregate value of [those] 32
the assets as of the distribution date without reducing the 33
value by any unpaid principal obligation; and 34
(b) Without regard to: 35
a. Property specifically given to a beneficiary under 36
the decedent's will or the terms of the trust; and 37
b. Property required to pay pecuniary amounts not in 38
trust; and 39 81
SCS HCS HB 2064 & HCS NO. 2 HB 1886
[(4)] (3) The distribution date [for purposes of this 40
section] under subdivision (1) of this subsection may be the 41
date as of which the fiduciary calculates the value of the 42
assets if that date is reasonably near the date on which the 43
assets are [actually] distributed. 44
3. [If] To the extent a fiduciary does not distribute 45
under this section all [of] the collected but undistributed 46
net income to each [person] beneficiary as of a distribution 47
date, the fiduciary shall maintain [appropriate] records 48
showing the interest of each beneficiary in [that] the net 49
income. 50
4. If this section applies to income from an asset, a 51
fiduciary may apply the rules in this section [, to the 52
extent that the fiduciary considers it appropriate, ] to net 53
gain or loss realized from the disposition of the asset 54
after the [date of death or] decedent's death, an income 55
interest's terminating event, or [earlier] the preceding 56
distribution [date from the disposition of a principal asset 57
if this section applies to the income from the asset ] by the 58
fiduciary. 59
469.417. 1. An income beneficiary is entitled to net 1
income in accordance with the terms of the trust from the 2
date [on which the] an income interest begins. [An] The 3
income interest begins on the date specified in the terms of 4
the trust or, if no date is specifi ed, on the date an asset 5
becomes subject to [a trust or successive income interest ]: 6
(1) The trust for the current income beneficiary; or 7
(2) A successive interest for a successor beneficiary . 8
2. An asset becomes subject to a trust under 9
subdivision (1) of subsection 1 of this section : 10
(1) [On the date it is transferred to the trust in the 11
case of] For an asset that is transferred to [a] the trust 12 82
SCS HCS HB 2064 & HCS NO. 2 HB 1886
during the [transferor's] settlor's life, on the date the 13
asset is transferred ; 14
(2) [On the date of a testator's death in the case of ] 15
For an asset that becomes subject to [a] the trust [by 16
reason] because of a [will] decedent's death, on the date of 17
the decedent's death , even if there is an intervening period 18
of administration of the [testator's] decedent's estate; or 19
(3) [On the date of an individual's death in the case 20
of] For an asset that is transferred to a fiduciary by a 21
third party because of [the individual's] a decedent's 22
death, on the date of the decedent's death. 23
3. An asset becomes subject to a successive [income] 24
interest under subdivision (2) of subsection 1 of this 25
section on the day after the preceding income interest ends, 26
as determined [pursuant to] under subsection 4 of this 27
section, even if there is an intervening period of 28
administration to wind up the preceding income interest. 29
4. An income interest ends on the day before an income 30
beneficiary dies or another terminating event occurs [,] or 31
on the last day of a period during which there is no 32
beneficiary to [whom] which a [trustee] fiduciary may or 33
shall distribute income. 34
469.419. 1. A [trustee] fiduciary shall allocate an 1
income receipt or disbursement , other than [one] a receipt 2
to which [subdivision (1)] subsection 2 of section 469.413 3
applies, to principal if its due date occurs before [a 4
decedent dies in the case of ] the date on which: 5
(1) For an estate, the decedent died; or [before] 6
(2) For a trust or successive interest, an income 7
interest begins [in the case of a trust or successive income 8
interest]. 9 83
SCS HCS HB 2064 & HCS NO. 2 HB 1886
2. [A trustee shall allocate an income receipt or 10
disbursement to income if its ] If the due date of a periodic 11
income receipt or disbursement occurs on or after the date 12
on which a decedent [dies] died or an income interest 13
[begins and it is a periodic due date. An income] began, a 14
fiduciary shall allocate the receipt or disbursement to 15
income. 16
3. If an income receipt or disbursement is not 17
periodic or has no due da te, a fiduciary shall [be treated] 18
treat the receipt or disbursement under this section as 19
accruing from day to day [if its due date is not periodic or 20
it has no due date]. The fiduciary shall allocate to 21
principal the portion of the receipt or disbur sement 22
accruing before the date on which a decedent [dies] died or 23
an income interest [begins shall be allocated to principal ] 24
began, and to income the balance [shall be allocated to 25
income]. 26
[3.] 4. A receipt or disbursement is periodic under 27
subsections 2 and 3 of this section if: 28
(1) The receipt or disbursement shall be paid at 29
regular intervals under an obligation to make payments; or 30
(2) The payer customarily makes payments at regular 31
intervals. 32
5. An item of income or [an] obligation is due under 33
this section on the date [a payment] the payer is required 34
to make a payment. If a payment date is not stated, there 35
is no due date [for the purposes of sections 469.401 to 36
469.467]. 37
6. Distributions to shareholders or other owners from 38
an entity to which section 469.423 applies are [deemed to 39
be] due: 40 84
SCS HCS HB 2064 & HCS NO. 2 HB 1886
(1) On the date fixed by or on behalf of the entity 41
for determining [who is] the persons entitled to receive the 42
distribution [or,]; 43
(2) If no date is fixed, on the [declaration] date 44
[for] of the decision by or on behalf of the entity to make 45
the distribution[. A due date is periodic for receipts or 46
disbursements that shall be paid at regular intervals under 47
a lease or an obligation to pay interes t or if an entity 48
customarily makes distributions at regular intervals ]; or 49
(3) If no date is fixed and the fiduciary does not 50
know the date of the decision by or on behalf of the entity 51
to make the distribution, on the date the fiduciary learns 52
of the decision. 53
469.421. 1. [For purposes of] As used in this 1
section, the [phrase] term "undistributed income" means net 2
income received on or before the date on which an income 3
interest ends. The [phrase] term "undistributed inc ome" 4
does not include an item of income or expense that is due or 5
accrued[,] or net income that has been added or is required 6
to be added to principal under the terms of the trust. 7
2. Except as otherwise provided in subsection 3 of 8
this section, when a mandatory income interest of a 9
beneficiary ends, the [trustee] fiduciary shall pay [to a 10
mandatory income beneficiary who survives that date, or the 11
estate of a deceased mandatory income beneficiary whose 12
death causes the interest to end, ] the beneficiary's share 13
of the undistributed income that is not disposed of under 14
the terms of the trust [unless the] to the beneficiary or, 15
if the beneficiary does not survive the date the interest 16
ends, to the beneficiary's estate. 17
3. If a beneficiary has an unqualified power to 18
[revoke] withdraw more than five percent of the value of a 19 85
SCS HCS HB 2064 & HCS NO. 2 HB 1886
trust immediately before [the] an income interest ends [. In 20
the latter case,]: 21
(1) The fiduciary shall allocate to principal the 22
undistributed income from the portion of the trust that may 23
be [revoked shall be added to principal ] withdrawn; and 24
(2) Subsection 2 of this section applies only to the 25
balance of the undistributed income . 26
[3.] 4. When a [trustee's] fiduciary's obligation to 27
pay a fixed annuity or a fixed fraction of the value of [the 28
trust's] assets ends, the [trustee] fiduciary shall prorate 29
the final payment [if and to the extent ] as required [by 30
applicable law to accomplish a purpose of the trust or its 31
settlor relating] to preserve an income tax, gift tax, 32
estate tax, or other tax [requirements] benefit. 33
469.423. 1. [For purposes of] As used in this 1
section, the [term] following terms mean: 2
(1) "Capital distribution", an entity distribution of 3
money that is a: 4
(a) Return of capital; or 5
(b) Distribution in total or partial liquidation of 6
the entity; 7
(2) "Entity" [means]: 8
(a) A corporation, partnership, limited liability 9
company, regulated investment company, real estate 10
investment trust, common trust fund, or any other 11
organization [in which a trustee has an interest, other than 12
a trust or estate to which section 469.425 applies, a 13
business or activity to which section 469.427 applies, or an 14
asset-backed security to w hich section 469.449 applies. ] or 15
arrangement in which a fiduciary owns or holds an interest, 16
whether or not the entity is a taxpayer for federal income 17
tax purposes; and 18 86
SCS HCS HB 2064 & HCS NO. 2 HB 1886
(b) The term "entity" does not include: 19
a. A trust or estate to which section 469.425 applies; 20
b. A business or other activity to which section 21
469.427 applies that is not conducted by an entity described 22
in paragraph (a) of this subdivision; 23
c. An asset-backed security; or 24
d. An instrument or arrangement to which section 25
469.446 applies; 26
(3) "Entity distribution", a payment or transfer by an 27
entity made to a person in the person's capacity as an owner 28
or holder of an interest in the entity. 29
2. In this section, an attribute or action of an 30
entity includes an attribute or action of any other entity 31
in which the entity owns or holds an interest, including an 32
interest owned or held indirectly through another entity. 33
[2.] 3. Except as otherwise provided in [this section] 34
subdivisions (2) to (4) of subsection 4 of this section , a 35
[trustee] fiduciary shall allocate to income : 36
(1) Money received [from] in an entity[. 37
3. A trustee shall allocate the following receipts 38
from an entity to principal: 39
(1) Property other than money; 40
(2) Money received in one distribution or a series of 41
related distributions in exchange for part or all of a 42
trust's interest in the entity; 43
(3) Money received in total or partial liquidation of 44
the entity; and 45
(4) Money received from an entity that is ] 46
distribution; and 47
(2) Tangible personal property of nominal value 48
received from the entity. 49
4. A fiduciary shall allocate to principal: 50 87
SCS HCS HB 2064 & HCS NO. 2 HB 1886
(1) Property received in an entity distribution that 51
is not: 52
(a) Money; or 53
(b) Tangible personal property of nominal value; 54
(2) Money received in an entity distribution in an 55
exchange for part or all of the fiduciary's interest in the 56
entity, to the extent the entity distribution reduces the 57
fiduciary's interest in the entity relative to the interests 58
of other persons that own or hold interests in the entity; 59
(3) Money received in an entity distribution that the 60
fiduciary determines or estimates is a capital distribution; 61
and 62
(4) Money received in an entity distribution from an 63
entity that is: 64
(a) A regulated investment company or [a] real estate 65
investment trust if the money [distributed] received is a 66
capital gain dividend for federal income tax purposes [. 67
4. Money is received in partial liquidation: 68
(1) To the extent that the entity, at or near the time 69
of a distribution, indicates that such money is a 70
distribution in partial liquidation; or 71
(2) If]; or 72
(b) Treated for federal income tax purposes comparably 73
to the treatment described in paragraph (a) of this 74
subdivision. 75
5. A fiduciary may determine or estimate that money 76
received in an entity distribution is a capital distribution: 77
(1) By relying, without inquiry or investigation, on a 78
characterization of the entity distribution provided by or 79
on behalf of the entity, unless the fiduciary: 80 88
SCS HCS HB 2064 & HCS NO. 2 HB 1886
(a) Determines, on the basis of information known to 81
the fiduciary, that the characterization is or may be 82
incorrect; or 83
(b) Owns or holds more than fifty percent of the 84
voting interest in the entity; 85
(2) By determining or estimating, on the basis of 86
information known to the fiduciary or provided to the 87
fiduciary by or on behalf of the entity, that the total 88
amount of money and prope rty received by the fiduciary in 89
[a] the entity distribution or a series of related entity 90
distributions is or will be greater than twenty percent of 91
the [entity's gross assets, as shown by the entity's year - 92
end financial statements immediately precedi ng the initial 93
receipt. 94
5. Money is not received in partial liquidation, nor 95
may it be taken into account pursuant to subdivision (2) of 96
subsection 4 of this section, to the extent that such money 97
does not exceed the amount of income tax that a t rustee or 98
beneficiary shall pay on taxable income of the entity that 99
distributes the money. 100
6. A trustee may rely upon a statement made by an 101
entity about the source or character of a distribution if 102
the statement is made at or near the time of d istribution by 103
the entity's board of directors or other person or group of 104
persons authorized to exercise powers to pay money or 105
transfer property comparable to those of a corporation's 106
board of directors.] fair market value of the fiduciary's 107
interest in the entity; or 108
(3) If neither subdivision (1) nor (2) of this 109
subsection applies, by considering the factors in subsection 110
6 of this section and the information known to the fiduciary 111
or provided to the fiduciary by or on behalf of the entity . 112 89
SCS HCS HB 2064 & HCS NO. 2 HB 1886
6. In making a determination or estimate under 113
subdivision (3) of subsection 5 of this section, a fiduciary 114
may consider: 115
(1) A characterization of an entity distribution 116
provided by or on behalf of the entity; 117
(2) The amount of money or property received in: 118
(a) The entity distribution; or 119
(b) What the fiduciary determines is or will be a 120
series of related entity distributions; 121
(3) The amount described in subdivision (2) of this 122
subsection compared to the amount t he fiduciary determines 123
or estimates is, during the current or preceding accounting 124
periods: 125
(a) The entity's operating income; 126
(b) The proceeds of the entity's sale or other 127
disposition of: 128
a. All or part of the business or other acti vity 129
conducted by the entity; 130
b. One or more business assets that are not sold to 131
customers in the ordinary course of the business or other 132
activity conducted by the entity; or 133
c. One or more assets other than business assets, 134
unless the entity's primary activity is to invest in assets 135
to realize gain on the disposition of all or some of the 136
assets; 137
(c) If the entity's primary activity is to invest in 138
assets to realize gain on the disposition of all or some of 139
the assets, the gain realized on the disposition; 140
(d) The entity's regular, periodic entity 141
distributions; 142
(e) The amount of money the entity has accumulated; 143
(f) The amount of money the entity has borrowed; 144 90
SCS HCS HB 2064 & HCS NO. 2 HB 1886
(g) The amount of money the entity has recei ved from 145
the sources described in sections 469.433, 469.439, 469.441, 146
and 469.443; and 147
(h) The amount of money the entity has received from a 148
source not otherwise described in this subdivision; and 149
(4) Any other factor the fiduciary determin es is 150
relevant. 151
7. If, after applying subsections 3 to 6 of this 152
section, a fiduciary determines that a part of an entity 153
distribution is a capital distribution but is in doubt about 154
the amount of the entity distribution that is a capital 155
distribution, the fiduciary shall allocate to principal the 156
amount of the entity distribution that is in doubt. 157
8. If a fiduciary receives additional information 158
about the application of this section to an entity 159
distribution before the fiduciary has pa id part of the 160
entity distribution to a beneficiary, the fiduciary may 161
consider the additional information before making the 162
payment to the beneficiary and may change a decision to make 163
the payment to the beneficiary. 164
9. If a fiduciary receives a dditional information 165
about the application of this section to an entity 166
distribution after the fiduciary has paid part of the entity 167
distribution to a beneficiary, the fiduciary is not required 168
to change or recover the payment to the beneficiary but m ay 169
consider that information in determining whether to exercise 170
the power to adjust under section 469.405. 171
469.425. A [trustee] fiduciary shall allocate to 1
income an amount received as a distribution of income , 2
including a unitrust distribution under sections 469.471 to 3
469.487, from a trust or [an] estate in which the [trust] 4
fiduciary has an interest, other than [a] an interest the 5 91
SCS HCS HB 2064 & HCS NO. 2 HB 1886
fiduciary purchased [interest] in a trust that is an 6
investment entity, and shall allocate to pri ncipal an amount 7
received as a distribution of principal from [such a] the 8
trust or estate. If a [trustee] fiduciary purchases, or 9
receives from a settlor, an interest in a trust that is an 10
investment entity, [or a decedent or donor transfers an 11
interest in such a trust to a trustee, ] section 469.423 12
[or], 469.446, or 469.449 [shall apply] applies to a receipt 13
from the trust. 14
469.427. 1. [If a trustee who conducts ] This section 1
applies to a business or other activity conducted by a 2
fiduciary if the fiduciary determines that it is in the 3
[best interest] interests of [all] the beneficiaries to 4
account separately for the business or other activity 5
instead of: 6
(1) Accounting for [it] the business or other activity 7
as part of the [trust's] fiduciary's general accounting 8
records[,]; or 9
(2) Conducting the [trustee] business or other 10
activity through an entity described in paragraph (a) of 11
subdivision (2) of subsection 1 of section 469.423. 12
2. A fiduciary may [maintain separate accounting 13
records] account separately under this section for [its] the 14
transactions of a business or other activity , whether or not 15
[its] assets of the business or other activity are 16
segregated from other [trust] assets held by the fiduciary. 17
[2.] 3. A [trustee who] fiduciary that accounts 18
separately under this section for a business or other 19
activity: 20
(1) May determine: 21
(a) The extent to which the net cash receipts [shall] 22
of the business or other activity shal l be retained for: 23 92
SCS HCS HB 2064 & HCS NO. 2 HB 1886
a. Working capital[,]; 24
b. The acquisition or replacement of fixed assets [,]; 25
and 26
c. Other reasonably foreseeable needs of the business 27
or other activity[,]; and 28
(b) The extent to which the remaining net cash 29
receipts are accounted for as principal or income in the 30
[trust's] fiduciary's general accounting records [. If a 31
trustee sells assets of the business or other activity, 32
other than in the ordinary course of the business or 33
activity, the trustee ] for the trust; 34
(2) May make a determination under subdivision (1) of 35
this subsection separately and differently from the 36
fiduciary's decisions concerning distributions of income or 37
principal; and 38
(3) Shall account for the net amount received from the 39
sale of an asset of the business or other activity, other 40
than a sale in the ordinary course of the business or other 41
activity, as principal in the [trust's] fiduciary's general 42
accounting records for the trust, to the extent the 43
[trustee] fiduciary determines that the net amount received 44
is no longer required in the conduct of the business or 45
other activity. 46
[3.] 4. Activities for which a [trustee may maintain 47
separate accounting records ] fiduciary may account 48
separately under this se ction include: 49
(1) Retail, manufacturing, service , and other 50
traditional business activities; 51
(2) Farming; 52
(3) Raising and selling livestock and other animals; 53
(4) [Management of] Managing rental properties; 54 93
SCS HCS HB 2064 & HCS NO. 2 HB 1886
(5) [Extraction of] Extracting minerals, water, and 55
other natural resources; 56
(6) Growing and cutting timber [operations]; [and] 57
(7) [Activities] An activity to which section 469.446, 58
469.447, or 469.449 applies[.]; and 59
(8) Any other business conducted b y the fiduciary. 60
469.429. A [trustee] fiduciary shall allocate to 1
principal: 2
(1) To the extent not allocated to income [pursuant 3
to] under sections [469.401] 469.399 to [469.467] 469.487, 4
[assets] an asset received from [a transferor]: 5
(a) An individual during the [transferor's] 6
individual's lifetime[, a decedent's]; 7
(b) An estate[,]; 8
(c) A trust [with a terminating] on termination of an 9
income interest[,]; or 10
(d) A payer under a contract naming the [trust or its 11
trustee] fiduciary as beneficiary; 12
(2) Except as otherwise provided in sections 469.423 13
to 469.449, money or other property received from the sale, 14
exchange, liquidation , or change in form of a principal 15
asset[, including realized pr ofit, subject to sections 16
469.423 to 469.467]; 17
(3) [Amounts] An amount recovered from a third 18
[parties] party to reimburse the [trust] fiduciary because 19
of [disbursements] a disbursement described in [subdivision 20
(7) of] subsection 1 of section 4 69.453 or for [other 21
reasons] another reason to the extent not based on [the] 22
loss of income; 23
(4) Proceeds of property taken by eminent domain, [but 24
a separate award made ] except that proceeds awarded for 25
[the] loss of income [with respect to] in an accounting 26 94
SCS HCS HB 2064 & HCS NO. 2 HB 1886
period [during which] are income if a current income 27
beneficiary had a mandatory income interest [is income] 28
during the period; 29
(5) Net income received in an accounting period during 30
which there is no beneficiary to [whom] which a [trustee] 31
fiduciary may or shall distribute income; and 32
(6) Other receipts as provided in sections 469.435 to 33
469.449. 34
469.431. To the extent [that a trustee accounts ] a 1
fiduciary does not account for [receipts from] the 2
management of rental property [pursuant to this section ] as 3
a business under section 469.427 , the [trustee] fiduciary 4
shall allocate to income an amount received as rent of real 5
or personal property, including an amount received for 6
cancellation or renewal of a lease. An amount received as a 7
refundable deposit, including a security deposit or a 8
deposit that is to be applied as rent for future periods [, 9
shall be added to principal and held subject to the terms of 10
the lease and is not available for distri bution to a 11
beneficiary until the trustee's contractual obligations have 12
been satisfied with respect to that amount. ]: 13
(1) Shall be added to principal and held subject to 14
the terms of the lease, except as otherwise provided by law 15
other than sections 469.399 to 469.487; and 16
(2) Is not allocated to income or available for 17
distribution to a beneficiary until the fiduciary's 18
contractual obligations have been satisfied with respect to 19
that amount. 20
469.432. 1. This section does not apply to an 1
obligation to which section 469.437, 469.439, 469.441, 2
469.443, 469.446, 469.447, or 469.449 applies. 3 95
SCS HCS HB 2064 & HCS NO. 2 HB 1886
2. A fiduciary shall allocate to income, without 4
provision for amortization of premium, an amount received as 5
interest[, whether determined at a fixed, variable or 6
floating rate,] on an obligation to pay money to the 7
[trustee] fiduciary, including an amount received as 8
consideration for prepaying principal [, shall be allocated 9
to income without any provision for amortizat ion of premium]. 10
[2.] 3. A [trustee] fiduciary shall allocate to 11
principal an amount received from the sale, redemption , or 12
other disposition of an obligation to pay money to the 13
[trustee more than one year after it is purchased or 14
acquired by the trustee, including an obligation whose 15
purchase price or value when it is acquired is less than its 16
value at maturity. If the obligation matures within one 17
year after it is purchased or acquired by the trustee, an 18
amount received in excess of its pu rchase price or its value 19
when acquired by the trust shall be allocated to income ] 20
fiduciary. A fiduciary shall allocate to income the 21
increment in value of a bond or other obligation for the 22
payment of money bearing no stated interest but payable or 23
redeemable, at maturity or another future time, in an amount 24
that exceeds the amount in consideration of which it was 25
issued. 26
[3. This section does not apply to an obligation to 27
which section 469.437, 469.439, 469.441, 469.443, 469.447 28
or 469.449 applies.] 29
469.433. 1. This section does not apply to a contract 1
to which section 469.437 applies. 2
2. Except as otherwise provided in subsection [2] 3 of 3
this section, a [trustee] fiduciary shall allocate to 4
principal the proceeds of a life insurance policy or other 5
contract [in which the trust or its trustee is named ] 6 96
SCS HCS HB 2064 & HCS NO. 2 HB 1886
received by the fiduciary as beneficiary, including a 7
contract that insures [the trust or its trustee ] against 8
[loss for] damage to, destruction of, or lo ss of title to [a 9
trust] an asset. The [trustee] fiduciary shall allocate 10
dividends on an insurance policy to income [if] to the 11
extent premiums on the policy are paid from income [,] and to 12
principal [if] to the extent premiums on the policy are paid 13
from principal. 14
[2.] 3. A [trustee] fiduciary shall allocate to income 15
proceeds of a contract that insures the [trustee] fiduciary 16
against loss of: 17
(1) Occupancy or other use by [an income beneficiary, 18
loss of] a current income[,] beneficiary; 19
(2) Income; or[,] 20
(3) Subject to section 469.427, [loss of] profits from 21
a business. 22
[3. This section does not apply to a contract to which 23
section 469.437 applies. ] 24
469.435. 1. If a [trustee] fiduciary determines that 1
an allocation between income and principal [and income] 2
required by section 469.437, 469.439, 469.441, 469.443 or 3
469.449 is insubstantial, the [trustee] fiduciary may 4
allocate the entire amount to principal , unless [one of the 5
circumstances described in] subsection [3] 5 of section 6
469.405 applies to the allocation. [This power] 7
2. A fiduciary may [be exercised by a cotrustee in the 8
circumstances described in subsection 4 of section 469.405 9
and may be released for the reasons and i n the manner 10
described in subsection 5 of section 469.405. ] presume an 11
allocation is [presumed to be] insubstantial under 12
subsection 1 of this section if: 13 97
SCS HCS HB 2064 & HCS NO. 2 HB 1886
(1) The amount of the allocation would increase or 14
decrease net income in an accounting per iod, as determined 15
before the allocation, by less than ten percent; [or] and 16
(2) [The value of] The asset producing the receipt 17
[for which the allocation would ] to be [made is] allocated 18
has a fair market value less than ten percent of the total 19
fair market value of the [trust's] assets owned or held by 20
the fiduciary at the beginning of the accounting period. 21
3. The power to make a determination under subsection 22
1 of this section may be: 23
(1) Exercised by a cofiduciary in the manner d escribed 24
in subsection 6 of section 469.405; or 25
(2) Released or delegated for a reason described in 26
subsection 7 of section 469.405 and in the manner described 27
in subsection 8 of section 469.405. 28
469.437. 1. As used in this section, the following 1
terms mean: 2
(1) ["Payment", an amount that is: 3
(a) Received or withdrawn from a plan; or 4
(b) One of a series of distributions that have been or 5
will be received over a fixed number of years or during the 6
life of one or more individuals under any contractual or 7
other arrangement, or is a single payment from a plan that 8
the trustee could have received over a fixed number of years 9
or during the life of one or more individuals; 10
(2) "Plan", a contractual, custod ial, trust or other 11
arrangement that provides for distributions to the trust, 12
including, but not limited to, qualified retirement plans, 13
Individual Retirement Accounts, Roth Individual Retirement 14
Accounts, public and private annuities, and deferred 15
compensation, including payments received directly from an 16
entity as defined in section 469.423 regardless of whether 17 98
SCS HCS HB 2064 & HCS NO. 2 HB 1886
or not such distributions are made from a specific fund or 18
account. 19
2. If any portion of a payment is characterized as a 20
distribution to the trustee of interest, dividends or a 21
dividend equivalent, the trustee shall allocate the portion 22
so characterized to income. The trustee shall allocate the 23
balance of that payment to principal. 24
3. If no part of a payment is allocated to income 25
pursuant to subsection 2 of this section, then for each 26
accounting period of the trust that any payment is received 27
by the trust with respect to the trust's interest in a plan, 28
the trustee shall allocate to income that portion of the 29
aggregate value of all payments received by the trustee in 30
that accounting period equal to the amount of plan income 31
attributable to the trust's interest in the plan for that 32
calendar year. The trustee shall allocate the balance of 33
that payment to principal. 34
4. For purposes of this section, if a payment is 35
received from a plan that maintains a separate account or 36
fund for its participants or account holders, including, but 37
not limited to, defined contribution retirement plans, 38
Individual Retirement Ac counts, Roth Individual Retirement 39
Accounts, and some types of deferred compensation plans, the 40
phrase "plan income" shall mean either the amount of the 41
plan account or fund held for the benefit of the trust that, 42
if the plan account or fund were a tru st, would be allocated 43
to income pursuant to sections 469.401 to 469.467 for that 44
accounting period, or four percent of the value of the plan 45
account or fund on the first day of that accounting period. 46
The method of determining plan income pursuant to this 47
subsection shall be chosen by the trustee in the trustee's 48
discretion. The trustees may change the method of 49 99
SCS HCS HB 2064 & HCS NO. 2 HB 1886
determining plan income pursuant to this subsection for any 50
future accounting period. 51
5. For purposes of this section if the payme nt is 52
received from a plan that does not maintain a separate 53
account or fund for its participants or account holders, 54
including by way of example and not limitation defined 55
benefit retirement plans and some types of deferred 56
compensation plans, the te rm "plan income" shall mean four 57
percent of the total present value of the trust's interest 58
in the plan as of the first day of the accounting period, 59
based on reasonable actuarial assumptions as determined by 60
the trustee. 61
6. Notwithstanding subse ctions 1 to 5 of this section, 62
with respect to a trust where an election to qualify for a 63
marital deduction under Section 2056(b)(7) or Section 64
2523(f) of the Internal Revenue Code of 1986, as amended, 65
has been made, or a trust that qualified for the m arital 66
deduction under either Section 2056(b)(5) or Section 2523(e) 67
of the Internal Revenue Code of 1986, as amended, a trustee 68
shall determine the plan income for the accounting period as 69
if the plan were a trust subject to sections 469.401 to 70
469.467. Upon request of the surviving spouse, the trustee 71
shall demand that the person administering the plan 72
distribute the plan income to the trust. The trustee shall 73
allocate a payment from the plan to income to the extent of 74
the plan income and distri bute that amount to the surviving 75
spouse. The trustee shall allocate the balance of the 76
payment to principal. Upon request of the surviving spouse, 77
the trustee shall allocate principal to income to the extent 78
the plan income exceeds payments made fro m the plan to the 79
trust during the accounting period. 80 100
SCS HCS HB 2064 & HCS NO. 2 HB 1886
7. If, to obtain an estate or gift tax marital 81
deduction for a trust, a trustee shall allocate more of a 82
payment to income than provided for by this section, the 83
trustee shall allocate to inco me the additional amount 84
necessary to obtain the marital deduction. ] "Internal income 85
of a separate fund", the amount determined under subsection 86
2 of this section; 87
(2) "Marital trust", a trust: 88
(a) Of which the settlor's surviving spouse is the 89
only current income beneficiary and is entitled to a 90
distribution of all the current net income of the trust; and 91
(b) That qualifies for a marital deduction with 92
respect to the settlor's estate under 26 U.S.C. Section 93
2056, as amended, becau se: 94
a. An election to qualify for a marital deduction 95
under 26 U.S.C. Section 2056(b)(7), as amended, has been 96
made; or 97
b. The trust qualifies for a marital deduction under 98
26 U.S.C. Section 2056(b)(5), as amended; 99
(3) "Payment", an amount a fiduciary may receive over 100
a fixed number of years or during the life of one or more 101
individuals because of services rendered or property 102
transferred to the payer in exchange for future amounts the 103
fiduciary may receive. The term "payment" incl udes an 104
amount received in money or property from the payer's 105
general assets or from a separate fund created by the payer; 106
(4) "Separate fund" includes a private or commercial 107
annuity, an individual retirement account, and a pension, 108
profit-sharing, stock bonus, or stock ownership plan. 109
2. For each accounting period, the following rules 110
apply to a separate fund: 111 101
SCS HCS HB 2064 & HCS NO. 2 HB 1886
(1) The fiduciary shall determine the internal income 112
of the separate fund as if the separate fund was a trust 113
subject to sections 469.399 to 469.487; 114
(2) If the fiduciary cannot determine the internal 115
income of the separate fund under subdivision (1) of this 116
subsection, the internal income of the separate fund is 117
deemed to equal three percent of the value of the sep arate 118
fund, according to the most recent statement of value 119
preceding the beginning of the accounting period; and 120
(3) If the fiduciary cannot determine the value of the 121
separate fund under subdivision (2) of this subsection, the 122
value of the separate fund is deemed to equal the present 123
value of the expected future payments, as determined under 124
26 U.S.C. Section 7520, as amended, for the month preceding 125
the beginning of the accounting period for which the 126
computation is made. 127
3. A fiduciary shall allocate a payment received from 128
a separate fund during an accounting period to income, to 129
the extent of the internal income of the separate fund 130
during the period, and the balance to principal. 131
4. The fiduciary of a marital trust shall: 132
(1) Withdraw from a separate fund the amount the 133
current income beneficiary of the trust requests the 134
fiduciary to withdraw, not greater than the amount by which 135
the internal income of the separate fund during the 136
accounting period exceeds the am ount the fiduciary otherwise 137
receives from the separate fund during the period; 138
(2) Transfer from principal to income the amount the 139
current income beneficiary requests the fiduciary to 140
transfer, not greater than the amount by which the internal 141
income of the separate fund during the period exceeds the 142
amount the fiduciary receives from the separate fund during 143 102
SCS HCS HB 2064 & HCS NO. 2 HB 1886
the period after the application of subdivision (1) of this 144
subsection; and 145
(3) Distribute to the current income beneficiary as 146
income: 147
(a) The amount of the internal income of the separate 148
fund received or withdrawn during the period; and 149
(b) The amount transferred from principal to income 150
under subdivision (2) of this subsection. 151
5. For a trust, other than a m arital trust, of which 152
one or more current income beneficiaries are entitled to a 153
distribution of all the current net income, the fiduciary 154
shall transfer from principal to income the amount by which 155
the internal income of a separate fund during the ac counting 156
period exceeds the amount the fiduciary receives from the 157
separate fund during the period. 158
469.439. 1. As used in this section, the [phrase] 1
term "liquidating asset" means an asset whose value will 2
diminish or terminate be cause the asset is expected to 3
produce receipts for a [period of] limited [duration] time. 4
The [phrase] term "liquidating asset" includes a leasehold, 5
patent, copyright, royalty right, and right to receive 6
payments during a period of more than one yea r under an 7
arrangement that does not provide for the payment of 8
interest on the unpaid balance. [The phrase] 9
2. This section does not [include a payment] apply to 10
a receipt subject to section 469.423, 469.437, [resources 11
subject to section] 469.441, [timber subject to section ] 12
469.443, [an activity subject to section ] 469.446, 469.447, 13
[an asset subject to section ] 469.449, or [any asset for 14
which the trustee establishes a reserve for depreciation 15
pursuant to section] 469.455. 16
[2.] 3. A [trustee] fiduciary shall allocate: 17 103
SCS HCS HB 2064 & HCS NO. 2 HB 1886
(1) To income [ten percent of the receipts from ]: 18
(a) A receipt produced by a liquidating asset [and the 19
balance], to the extent the receipt does not exceed three 20
percent of the value of the asset; or 21
(b) If the fiduciary cannot determine the value of the 22
asset, ten percent of the receipt; and 23
(2) To principal, the balance of the receipt . 24
469.441. 1. To the extent [that a trustee accounts 1
for receipts] a fiduciary does not account for a receipt 2
from an interest in minerals , water, or other natural 3
resources [pursuant to this section ] as a business under 4
section 469.427, the [trustee] fiduciary shall allocate 5
[them as follows] the receipt: 6
(1) [If] To income, to the extent received: 7
(a) As [nominal] delay rental or [nominal] annual rent 8
on a lease[, a receipt shall be allocated to income ]; 9
(b) As a factor for interest or the equivalent of 10
interest under an agreement creating a production payment; o r 11
(c) On account of an interest in renewable water; 12
(2) To principal, if received from a production 13
payment, [a receipt shall be allocated to income if and to 14
the extent that the agreement creating the production 15
payment provides a factor fo r interest or its equivalent. 16
The balance shall be allocated to principal; ] to the extent 17
paragraph (b) of subdivision (1) of this subsection does not 18
apply; or 19
(3) [If an amount received ] Between income and 20
principal equitably, to the extent re ceived: 21
(a) On account of an interest in nonrenewable water; 22
(b) As a royalty, shut-in-well payment, take-or-pay 23
payment, or bonus [or delay rental is more than nominal, 24 104
SCS HCS HB 2064 & HCS NO. 2 HB 1886
ninety percent shall be allocated to principal and the 25
balance to income]; or 26
[(4) If an amount is received ] (c) From a working 27
interest or any other interest not provided for in 28
subdivision (1)[,] or (2) [or (3)] of this subsection[, 29
ninety percent of the net amount received shall be allocated 30
to principal and the balance to income] or paragraph (a) or 31
(b) of this subdivision . 32
2. [An amount received on account of ] This section 33
applies to an interest [in water that is renewable shall be 34
allocated to income. If the water is not renewable, ninety 35
percent of the amount shall be allocated to principal and 36
the balance to income. 37
3. Sections 469.401 to 469.467 apply ] owned or held by 38
a fiduciary whether or not a [decedent or donor] settlor was 39
extracting minerals, water , or other natural resources 40
before the fiduciary owned or held the interest [became 41
subject to the trust ]. 42
3. An allocation of a receipt under subdivision (3) of 43
subsection 1 of this section is presumed to be equitable if 44
the amount allocated to principal is equal to the amount 45
allowed by Title 26 of the United States Code, as amended, 46
as a deduction for depletion of the interest. 47
4. If a [trust] fiduciary owns or holds an interest in 48
minerals, water, or other natural resources [on] before 49
August 28, [2001] 2024, the [trustee] fiduciary may allocate 50
receipts from the interest as provided in [sections 469.401 51
to 469.467] this section or in the manner used by the 52
[trustee] fiduciary before August 28, [2001] 2024. If the 53
[trust] fiduciary acquires an interest in miner als, water, 54
or other natural resources on or after August 28, [2001] 55
2024, the [trustee] fiduciary shall allocate receipts from 56 105
SCS HCS HB 2064 & HCS NO. 2 HB 1886
the interest as provided in [sections 469.401 to 469.467 ] 57
this section. 58
469.443. 1. To the extent [that a trustee accounts] a 1
fiduciary does not account for receipts from the sale of 2
timber and related products [pursuant to this section ] as a 3
business under section 469.427 , the [trustee] fiduciary 4
shall allocate the net receipts: 5
(1) To income, to the extent [that] the amount of 6
timber [removed] cut from the land does not exceed the rate 7
of growth of the timber [during the accounting periods in 8
which a beneficiary has a mandatory income interest ]; 9
(2) To principal, to the extent [that] the amount of 10
timber [removed] cut from the land exceeds the rate of 11
growth of the timber or the net receipts are from the sale 12
of standing timber; 13
(3) [To or] Between income and principal if the net 14
receipts are from the lease of [timberland] land used for 15
growing and cutting timber or from a contract to cut timber 16
from land [owned by a trust], by determining the amount of 17
timber [removed] cut from the land under the lease or 18
contract and applying the rules in subdivisions (1) and (2) 19
of this subsection; or 20
(4) To principal, to the extent [that] advance 21
payments, bonuses, and other payments are not allocated 22
[pursuant to either] under subdivision (1), (2) , or (3) of 23
this subsection. 24
2. In determining net receipts to be allocated 25
[pursuant to] under subsection 1 of this section, a 26
[trustee] fiduciary shall deduct and transfer to principal a 27
reasonable amount for depletion. 28
3. [Sections 469.401 to 469.467 apply ] This section 29
applies to land owned or held by a fiduciary whether or not 30 106
SCS HCS HB 2064 & HCS NO. 2 HB 1886
a [decedent or transferor ] settlor was [harvesting] cutting 31
timber from the land before the fiduciary owned or held the 32
property [before it became subject to the trust ]. 33
4. If a [trust] fiduciary owns or holds an interest in 34
[timberland on] land used for growing and cutting timber 35
before August 28, [2001] 2024, the [trustee] fiduciary may 36
allocate net receipts from the sale of timber and related 37
products as provided in [sections 469.401 to 469.467 ] this 38
section or in the manner used by the [trustee] fiduciary 39
before August 28, [2001] 2024. If the [trust] fiduciary 40
acquires an interest in [timberland] land used for growing 41
and cutting timber on or after August 28, [2001] 2024, the 42
[trustee] fiduciary shall allocate net receipts f rom the 43
sale of timber and related products as provided in [sections 44
469.401 to 469.467] this section. 45
469.445. 1. If a trust received property for which a 1
gift or estate tax marital deduction [is allowed for all or 2
part of a trust whose] was allowed and the settlor's spouse 3
holds a mandatory income interest in the trust, the spouse 4
may require the trustee, to the extent the trust assets 5
[consist substantially of property that does ] otherwise do 6
not provide the spouse with suffi cient income from or use of 7
the trust assets[, and if the amounts that the trustee 8
transfers from principal to income pursuant to section 9
469.405 and distributes to the spouse from principal 10
pursuant to the terms of the trust are insufficient to 11
provide the spouse with the beneficial enjoyment required to 12
obtain the marital] to qualify for the deduction, [the 13
spouse may require the trustee ] to: 14
(1) Make property productive of income [,]; 15
(2) Convert property to property productive of inc ome 16
within a reasonable time [,]; or 17 107
SCS HCS HB 2064 & HCS NO. 2 HB 1886
(3) Exercise the power [conferred by subsection 1 of ] 18
to adjust under section 469.405. 19
2. The trustee may decide which action or combination 20
of actions in subsection 1 of this section to take. 21
[2. In cases not governed by subsection 1 of this 22
section, proceeds from the sale or other disposition of an 23
asset are principal without regard to the amount of income 24
the asset produces during any accounting period. ] 25
469.446. A fiduciary shall allocate receipts from or 1
related to a financial instrument or arrangement not 2
otherwise addressed by sections 469.399 to 469.487. The 3
allocation shall be consistent with sections 469.447 and 4
469.449. 5
469.447. 1. As used in this section, the term 1
"derivative" means a contract [or financial], instrument, 2
other arrangement, or [a] combination of contracts [and 3
financial], instruments, or other arrangements, the value, 4
rights, and obligations of which [gives a trust the right or 5
obligation to participate in some or all changes in the 6
price of a] are, in whole or in part, dependent on or 7
derived from an underlying tangible or intangible asset [or 8
group of assets, or changes in a rate, an index of prices 9
or], group of tangible or intangible assets, index, or 10
occurrence of an event. The term "derivative" includes 11
stocks, fixed income securities, and financial instruments 12
and arrangements based on indices, commodities, interest 13
rates, [or other market indicator for an asset or a group of 14
assets] weather-related events, and credit default events . 15
2. To the extent [that a trustee] a fiduciary does not 16
account [pursuant to section 469.427 for transactions ] for a 17
transaction in derivatives[, the trustee] as a business 18
under section 469.427, the fiduciary shall allocate [to 19 108
SCS HCS HB 2064 & HCS NO. 2 HB 1886
principal] ten percent of receipts from the transaction and 20
ten percent of disbursements made in connection with [those 21
transactions] the transaction to income and the balance to 22
principal. 23
3. The provisions of subsection 4 of this section 24
apply if: 25
(1) A [trustee] fiduciary: 26
(a) Grants an option to buy property from [the] a 27
trust, whether or not the trust owns the property when the 28
option is granted[,]; 29
(b) Grants an option that permits another person to 30
sell property to the trust [,]; or 31
(c) Acquires an option to buy property for the trust 32
or an option to sell an asset owned by the trust [,]; and 33
(2) The [trustee] fiduciary or other owner of the 34
asset is required to deliver the asset if the option is 35
exercised[,]. 36
4. If this subsection applies, the fiduciary shall 37
allocate ten percent to income and the balance to principal 38
of the following amounts: 39
(1) An amount received for grantin g the option [shall 40
be allocated to principal. ]; 41
(2) An amount paid to acquire the option [shall be 42
paid from principal. A]; and 43
(3) Gain or loss realized [upon] on the exercise [of 44
an option, including an option granted to a settlor ], 45
exchange, settlement, offset, closing, or expiration of the 46
[trust for services rendered, shall be allocated to 47
principal] option. 48
469.449. 1. [As used in this section, the phrase 1
"asset-backed security" means an asset whose value is based 2
upon the right it gives the owner to receive distributions 3 109
SCS HCS HB 2064 & HCS NO. 2 HB 1886
from the proceeds of financial assets that provide 4
collateral for the security. The phrase includes an asset 5
that gives the owner the right to receive from the 6
collateral financial asse ts only the interest or other 7
current return or only the proceeds other than interest or 8
current return. The phrase does not include an asset to 9
which section 469.423 or 469.437 applies. 10
2. If a trust receives a payment from interest or 11
other current return and from other proceeds of the 12
collateral financial assets, the trustee ] Except as 13
otherwise provided in subsection 2 of this section, a 14
fiduciary shall allocate to income [the portion of] a 15
receipt from or related to an asset -backed security, to the 16
extent the [payment which the] payer identifies the payment 17
as being from interest or other current return , and [shall 18
allocate] to principal the balance of the [payment to 19
principal] receipt. 20
[3.] 2. If a [trust] fiduciary receives one or more 21
payments in exchange for part or all of the [trust's entire] 22
fiduciary's interest in an asset -backed security [in one 23
accounting period, the trustee shall allocate the payments 24
to principal. If a payment is one of a series of payments 25
that will result in the ], including a liquidation or 26
redemption of the [trust's] fiduciary's interest in the 27
security [over more than one accounting period, ] the 28
[trustee] fiduciary shall allocate [ten] to income ten 29
percent of receipts from the [payment to income] transaction 30
and [the balance to principal ] ten percent of disbursements 31
made in connection with the transaction, and to principal 32
the balance of the receipts and disbursements . 33
469.451. [A trustee shall make the following 1
disbursements from income to the extent that they are not 2 110
SCS HCS HB 2064 & HCS NO. 2 HB 1886
disbursements to which paragraph (b) or (c) of ] Subject to 3
section 469.456, and except as otherwise provided in 4
subdivision (2) or (3) of subsection 3 of section 469.413 5
[applies], a fiduciary shall disburse from income : 6
(1) One-half of: 7
(a) The regular compensation of the [trustee] 8
fiduciary and [of] any person providing investment advisory 9
[or], custodial, or other services to the [trustee] 10
fiduciary, to the extent income is su fficient; and 11
[(2) One-half of all expenses ] (b) An expense for 12
[accountings] an accounting, judicial [proceedings] or 13
nonjudicial proceeding , or other [matters] matter that 14
[involve] involves both [the] income and [remainder] 15
successive interests, to the extent income is sufficient ; 16
[(3) All of the other] (2) The balance of the 17
disbursements described in subdivision (1) of this section, 18
to the extent a fiduciary that is an independent person 19
determines that making those disbursements f rom income would 20
be in the interests of the beneficiaries; 21
(3) Another ordinary [expenses] expense incurred in 22
connection with [the] administration, management , or 23
preservation of [trust] property and [the] distribution of 24
income, including inter est, an ordinary [repairs] repair, 25
regularly recurring [taxes] tax assessed against principal, 26
and [expenses] an expense of [a] an accounting, judicial or 27
nonjudicial proceeding, or other matter that [concerns] 28
involves primarily [the] an income interest, to the extent 29
income is sufficient ; and 30
(4) [Recurring premiums] A premium on insurance 31
covering [the] loss of a principal asset or [the loss of] 32
income from or use of the asset. 33 111
SCS HCS HB 2064 & HCS NO. 2 HB 1886
469.453. 1. [A trustee shall make the follo wing 1
disbursements] Subject to section 469.457, and except as 2
otherwise provided in subdivision (2) of subsection 3 of 3
section 469.413, a fiduciary shall disburse from principal: 4
(1) The [remaining one-half] balance of the 5
disbursements described in [subdivisions (1) and (2) ] 6
subsections 1 and 3 of section 469.451, after application of 7
subsection 2 of section 469.451; 8
(2) [All of] The [trustee's] fiduciary's compensation 9
calculated on principal as a fee for acceptance, 10
distribution, or termination[, and disbursements made to 11
prepare property for sale ]; 12
(3) [Payments] A payment of an expense to prepare for 13
or execute a sale or other disposition of property; 14
(4) A payment on the principal of a trust debt; 15
[(4) Expenses of a] (5) A payment of an expense of an 16
accounting, judicial or nonjudicial proceeding, or other 17
matter that [concerns] involves primarily [an interest in] 18
principal, including a proceeding to construe the terms of 19
the trust or protect property ; 20
[(5) Premiums paid on a policy of ] (6) A payment of a 21
premium for insurance, including title insurance, not 22
described in subdivision (4) of section 469.451 of which the 23
[trust] fiduciary is the owner and beneficiary; 24
[(6)] (7) A payment of an estate[,] or inheritance 25
[and other transfer taxes ] tax or other tax imposed because 26
of the death of a decedent , including penalties, apportioned 27
to the trust; and 28
[(7) Extraordinary expenses incurred in connection 29
with the management and preservati on of trust property; 30
(8) Expenses for a capital improvement to a principal 31
asset, whether in the form of changes to an existing asset 32 112
SCS HCS HB 2064 & HCS NO. 2 HB 1886
or the construction of a new asset, including special 33
assessments; and 34
(9) Disbursements] (8) A payment: 35
(a) Related to environmental matters, including : 36
a. Reclamation[,]; 37
b. Assessing environmental conditions [,]; 38
c. Remedying and removing environmental 39
contamination[,]; 40
d. Monitoring remedial activities and the release of 41
substances[,]; 42
e. Preventing future releases of substances [,]; 43
f. Collecting amounts from persons liable or 44
potentially liable for the costs of [those] activities[,] 45
described in subparagraphs a. to e. of this paragraph; 46
g. Penalties imposed under environmental laws or 47
regulations [and]; 48
h. Other [payments made] actions to comply with 49
[those] environmental laws or regulations[,]; 50
i. Statutory or common law claims by third parties [,]; 51
and 52
j. Defending claims based on environmental matters [.]; 53
and 54
(b) For a premium for insurance for matters described 55
in paragraph (a) of this subdivision. 56
2. If a principal asset is encumbered with an 57
obligation that requires income from [that] the asset to be 58
paid directly to [the] a creditor, the [trustee] fiduciary 59
shall transfer from principal to income an amount equal to 60
the income paid to the creditor in reduction of the 61
principal balance of the obligation. 62
469.455. 1. [As used] In this section, [the term] 1
"depreciation" means a reduction in value due to wear, tear, 2 113
SCS HCS HB 2064 & HCS NO. 2 HB 1886
decay, corrosion, or gradual obsolescence of a [fixed] 3
tangible asset having a useful life of more than one year. 4
2. A [trustee] fiduciary may transfer to principal a 5
reasonable amount of the net cash receipts from a principal 6
asset that is subject to depreciation, but [may] shall not 7
transfer any amount for depreciation: 8
(1) Of [that portion] the part of real property used 9
or available for use by a beneficia ry as a residence [or]; 10
(2) Of tangible personal property held or made 11
available for the personal use or enjoyment of a 12
beneficiary; or 13
[(2)During the administration of a decedent's estate; 14
or ] 15
(3) [Pursuant to] Under this section [if the trustee 16
is accounting pursuant to section 469.427 ], to the extent 17
the fiduciary accounts: 18
(a) Under section 469.439 for the asset; or 19
(b) Under section 469.427 for the business or other 20
activity in which the asset is used. 21
3. An amount transferred to principal under this 22
section need not be separately held [as a separate fund]. 23
469.456. 1. If a fiduciary makes or expects to make 1
an income disbursement described in subsection 2 of this 2
section, the fiduciary may transfer an appropriate amount 3
from principal to income in one or more accounting periods 4
to reimburse income. 5
2. To the extent the fiduciary has not been and does 6
not expect to be reimbursed by a third party, income 7
disbursements to which s ubsection 1 of this section applies 8
include: 9
(1) An amount chargeable to principal but paid from 10
income because principal is illiquid; 11 114
SCS HCS HB 2064 & HCS NO. 2 HB 1886
(2) A disbursement made to prepare property for sale, 12
including improvements and commissions; and 13
(3) A disbursement described in subsection 1 of 14
section 469.453. 15
3. If an asset whose ownership gives rise to an income 16
disbursement becomes subject to a successive interest after 17
an income interest ends, the fiduciary may continue to make 18
transfers under subsection 1 of this section. 19
469.457. 1. If a [trustee] fiduciary makes or expects 1
to make a principal disbursement described in subsection 2 2
of this section, the [trustee] fiduciary may transfer an 3
appropriate amount from income to principal in one or more 4
accounting periods to reimburse principal or [to] provide a 5
reserve for future principal disbursements. 6
2. To the extent a fiduciary has not been and does not 7
expect to be reimbursed by a third party, principal 8
disbursements to which subsection 1 of this section applies 9
include [the following, but only to the extent that the 10
trustee has not been and does not expect to be reimbursed by 11
a third party]: 12
(1) An amount chargeable to income but paid from 13
principal because [it] income is [unusually large, including 14
extraordinary repairs ] not sufficient; 15
(2) [Disbursements] The cost of an improvement to 16
principal, whether a change to an existing asset or the 17
construction of a new asset, including a spec ial assessment; 18
(3) A disbursement made to prepare property for 19
rental, including tenant allowances, leasehold improvements, 20
and [broker's] commissions; 21
[(3)] (4) A periodic [payments] payment on an 22
obligation secured by a principal asset , to the extent 23
[that] the amount transferred from income to principal for 24 115
SCS HCS HB 2064 & HCS NO. 2 HB 1886
depreciation is less than the periodic [payments] payment; 25
and 26
[(4) Disbursements] (5) A disbursement described in 27
[subdivision (7) of] subsection 1 of section 469.453. 28
3. If [the] an asset whose ownership gives rise to 29
[the disbursements] a principal disbursement becomes subject 30
to a successive [income] interest after an income interest 31
ends, [a trustee] the fiduciary may continue to [transfer 32
amounts from income t o principal as provided in ] make 33
transfers under subsection 1 of this section. 34
469.459. 1. A tax required to be paid by a [trustee] 1
fiduciary that is based on receipts allocated to income 2
shall be paid from income. 3
2. A tax required to be paid by a [trustee] fiduciary 4
that is based on receipts allocated to principal shall be 5
paid from principal, even if the tax is called an income tax 6
by the taxing authority. 7
3. Subject to subsection 4 of this section and 8
sections 469.456, 469.457, and 469.462, a tax required to be 9
paid by a [trustee] fiduciary on [the trust's] a share of an 10
entity's taxable income in an accounting period shall be 11
paid from: 12
(1) [From] Income and principal proportionately to the 13
[extent that] allocation between income and principal of 14
receipts from the entity [are allocated to income ] in the 15
period; and 16
(2) [From] Principal to the extent [that] the tax 17
exceeds the receipts from the entity [are allocated only to 18
principal] in the period. 19
4. After applying subsections 1 to 3 of this section, 20
[the trustee] a fiduciary shall adjust income or principal 21
receipts, to the extent [that] the [trust's] taxes the 22 116
SCS HCS HB 2064 & HCS NO. 2 HB 1886
fiduciary pays are reduced because [the trust receives] of a 23
deduction for a payment made to a beneficiary. 24
469.462. 1. A fiduciary may make an adjustment 1
between income and principal to offset the shifting of 2
economic interests or tax benefits between current income 3
beneficiaries and successor beneficiar ies that arises from: 4
(1) An election or decision the fiduciary makes 5
regarding a tax matter, other than a decision to claim an 6
income tax deduction to which subsection 2 of this section 7
applies; 8
(2) An income tax or other tax imposed on the 9
fiduciary or a beneficiary as a result of a transaction 10
involving the fiduciary or a distribution by the fiduciary; 11
or 12
(3) Ownership by the fiduciary of an interest in an 13
entity, a part of whose taxable income, whether or not 14
distributed, is includable in the taxable income of the 15
fiduciary or a beneficiary. 16
2. If the amount of an estate tax marital or 17
charitable deduction is reduced because a fiduciary deducts 18
an amount paid from principal for income tax purposes 19
instead of deducting it for estate tax purposes and, as a 20
result, estate taxes paid from principal are increased and 21
income taxes paid by the fiduciary or a beneficiary are 22
decreased, the fiduciary shall charge each beneficiary that 23
benefits from the decrease in income tax to reimburse the 24
principal from which the increase in estate tax is paid. 25
The total reimbursement shall equal the increase in the 26
estate tax, to the extent the principal used to pay the 27
increase would have qualified for a marital or charitable 28
deduction but for the payment. The share of the 29
reimbursement for each fiduciary or beneficiary whose income 30 117
SCS HCS HB 2064 & HCS NO. 2 HB 1886
taxes are reduced shall be the same as its share of the 31
total decrease in income tax. 32
3. A fiduciary that charges a beneficiary under 33
subsection 2 of this section may offset the charge by 34
obtaining payment from the beneficiary, withholding an 35
amount from future distributions to the beneficiary, or 36
adopting another method or combination of methods. 37
469.463. In applying and construing sections [469.401] 1
469.399 to [469.467] 469.487, consideration shall be given 2
to the need to promote uniformity of the law with respect to 3
its subject matter among states that enact it. 4
469.464. The provisions of sections 469.399 to 469.487 1
modify, limit, or supersede the Electronic Signatures in 2
Global and National Commerce Act, 15 U.S.C. Section 7001 et 3
seq., but do not modify, limit, or supersede 15 U.S.C. 4
Section 7001(c) or authorize electronic delivery of any of 5
the notices described in 15 U.S.C. Section 7003(b). 6
469.465. If any provision of sections [469.401] 1
469.399 to [469.467] 469.487 or [the] its application [of 2
these sections] to any person or circumstance is held 3
invalid, the invalidi ty does not affect other provisions or 4
applications of sections [469.401] 469.399 to [469.467] 5
469.487 which can be given effect without the invalid 6
provision or application and to this end, the provisions of 7
sections 469.399 to 469.487 are severable . 8
469.467. The provisions of sections [469.401] 469.399 1
to [469.467] 469.487 apply to [every] a trust or 2
[decedent's] estate existing or created on or after August 3
28, [2001] 2024, except as otherwise expressly provided in 4
the [will or] terms of the trust or [in] sections [469.401] 5
469.399 to [469.467] 469.487. 6 118
SCS HCS HB 2064 & HCS NO. 2 HB 1886
469.471. As used in sections 469.471 to 469.487, the 1
following terms mean: 2
(1) "Applicable value", the amount of the net fair 3
market value of a tru st taken into account under section 4
469.483; 5
(2) "Express unitrust", a trust for which, under the 6
terms of the trust without regard to sections 469.471 to 7
469.487, income or net income shall or may be calculated as 8
a unitrust amount; 9
(3) "Income trust", a trust that is not a unitrust; 10
(4) "Net fair market value of a trust", the fair 11
market value of the assets of the trust, less the 12
noncontingent liabilities of the trust; 13
(5) "Unitrust", a trust for which net income is a 14
unitrust amount. The term "unitrust" includes an express 15
unitrust; 16
(6) "Unitrust amount", an amount computed by 17
multiplying a determined value of a trust by a determined 18
percentage. For a unitrust administered under a unitrust 19
policy, the term "unitr ust amount" means the applicable 20
value multiplied by the unitrust rate; 21
(7) "Unitrust policy", a policy described in sections 22
469.479 to 469.487 and adopted under section 469.475; 23
(8) "Unitrust rate", the rate used to compute the 24
unitrust amount for a unitrust administered under a unitrust 25
policy. 26
469.473. 1. Except as otherwise provided in 1
subsection 2 of this section, sections 469.471 to 469.487 2
apply to: 3
(1) An income trust, unless the terms of the trust 4
expressly prohibit use of sections 469.471 to 469.487 by a 5
specific reference to these sections or an explicit 6 119
SCS HCS HB 2064 & HCS NO. 2 HB 1886
expression of intent that net income not be calculated as a 7
unitrust amount; and 8
(2) An express unitrust, except to the extent the 9
terms of the trust explicitly: 10
(a) Prohibit use of sections 469.471 to 469.487 by a 11
specific reference to such sections; 12
(b) Prohibit conversion to an income trust; or 13
(c) Limit changes to the method of calculating the 14
unitrust amount. 15
2. Sections 469.471 to 469.487 do not apply to a trust 16
described in 26 U.S.C. Section 170(f)(2)(B), 642(c)(5), 17
664(d), 2702(a)(3)(A)(ii) or (iii), or 2702(b), as amended. 18
3. An income trust to which sections 469.471 to 19
469.487 apply under subdivisio n (1) of subsection 1 of this 20
section may be converted to a unitrust under sections 21
469.471 to 469.487 regardless of the terms of the trust 22
concerning distributions. Conversion to a unitrust under 23
sections 469.471 to 469.487 does not affect other term s of 24
the trust concerning distributions of income or principal. 25
4. Sections 469.471 to 469.487 apply to an estate only 26
to the extent a trust is a beneficiary of the estate. To 27
the extent of the trust's interest in the estate, the estate 28
may be administered as a unitrust, the administration of the 29
estate as a unitrust may be discontinued, or the percentage 30
or method used to calculate the unitrust amount may be 31
changed, in the same manner as for a trust under sections 32
469.471 to 469.487. 33
5. Sections 469.471 to 469.487 do not create a duty to 34
take or consider action under sections 469.471 to 469.487 or 35
to inform a beneficiary about the applicability of sections 36
469.471 to 469.487. 37 120
SCS HCS HB 2064 & HCS NO. 2 HB 1886
6. A fiduciary that in good faith takes or fails to 38
take an action under sections 469.471 to 469.487 is not 39
liable to a person affected by the action or inaction. 40
469.475. 1. A fiduciary, without court approval, by 1
complying with subsections 2 and 6 of this section, may: 2
(1) Convert an income trust to a unitrust if the 3
fiduciary adopts in a record a unitrust policy for the trust 4
providing: 5
(a) That in administering the trust the net income of 6
the trust will be a unitrust amount rather than net income 7
determined without regard to sections 469.471 to 469.487; and 8
(b) The percentage and method used to calculate the 9
unitrust amount; 10
(2) Change the percentage or method used to calculate 11
a unitrust amount for a unitrust if the fiduciary adopts in 12
a record a unitrust policy or an amendment or replacement of 13
a unitrust policy providing changes in the percentage or 14
method used to calculate the unitrust amount; or 15
(3) Convert a unitrust to an income trust if the 16
fiduciary adopts in a record a determination that, in 17
administering the trust, the net income of the trust will be 18
net income determined without regard to sections 469.471 to 19
469.487 rather than a unitrust amount. 20
2. A fiduciary may take an action under subsection 1 21
of this section if: 22
(1) The fiduciary determines that the action will 23
assist the fiduciary to administer a trust impartially; 24
(2) The fiduciary sends a notice in a record, in the 25
manner required by section 469.477, describing and proposing 26
to take the action; 27 121
SCS HCS HB 2064 & HCS NO. 2 HB 1886
(3) The fiduciary sends a copy of the notice under 28
subdivision (2) of this subsection to each settlor of the 29
trust that is: 30
(a) If an individual, living; or 31
(b) If not an individual, in existence; 32
(4) At least one member of each class of the qualified 33
beneficiaries described under section 456.1 -103 receiving 34
the notice under subdivision (2) of this subsection is: 35
(a) If an individual, legally competent; 36
(b) If not an individual, in existence; or 37
(c) Represented in the manner provided in subsection 2 38
of section 469.477; and 39
(5) The fiduciary does not receive, by the date 40
specified in the notice under subdivision (5) of subsection 41
4 of section 469.477, an objection in a record to the action 42
proposed under subdivision (2) of this subsection from a 43
person to which the notice under subdivision (2) of this 44
subsection is sent. 45
3. If a fiduciary receives, not later than the date 46
stated in the notice under subdivision (5) of subsection 4 47
of section 469.477, an objection in a record described in 48
subdivision (4) of subsection 4 of section 469.477 to a 49
proposed action, the fiduciary or a beneficiary may request 50
the court to have the proposed action taken as proposed, 51
taken with modifications, or prevented. A person described 52
in subsection 1 of section 469.477 may oppose the proposed 53
action in the proceeding under this subsection, whether or 54
not the person: 55
(1) Consented under subsection 3 of section 469.477; or 56
(2) Objected under subdivision (4) of subsection 4 of 57
section 469.477. 58 122
SCS HCS HB 2064 & HCS NO. 2 HB 1886
4. If, after sending a notice under subdivision (2) of 59
subsection 2 of this section, a fiduciary decides not to 60
take the action proposed in the notice, the fiduciary shall 61
notify in a record each person des cribed in subsection 1 of 62
section 469.477 of the decision not to take the action and 63
the reasons for the decision. 64
5. If a beneficiary requests in a record that a 65
fiduciary take an action described in subsection 1 of this 66
section and the fiduciar y declines to act or does not act 67
within ninety days after receiving the request, the 68
beneficiary may request the court to direct the fiduciary to 69
take the action requested. 70
6. In deciding whether and how to take an action 71
authorized by subsectio n 1 of this section, or whether and 72
how to respond to a request by a beneficiary under 73
subsection 5 of this section, a fiduciary shall consider all 74
factors relevant to the trust and the beneficiaries, 75
including relevant factors in subsection 5 of secti on 76
469.403. 77
7. A fiduciary may release or delegate the power to 78
convert an income trust to a unitrust under subdivision (1) 79
of subsection 1 of this section, change the percentage or 80
method used to calculate a unitrust amount under subdivision 81
(2) of subsection 1 of this section, or convert a unitrust 82
to an income trust under subdivision (3) of subsection 1 of 83
this section, for a reason described in subsection 7 of 84
section 469.405 and in the manner described in subsection 8 85
of section 469.405. 86
469.477. 1. A notice required by subdivision (3) of 1
subsection 2 of section 469.475 shall be sent in a manner 2
authorized under section 456.1 -109 to: 3 123
SCS HCS HB 2064 & HCS NO. 2 HB 1886
(1) The qualified beneficiaries defined under section 4
456.1-103; 5
(2) Each person acting as trust protector under 6
section 456.8-808; and 7
(3) Each person that is granted a power over the trust 8
by the terms of the trust, to the extent the power is 9
exercisable when the person is not then serving as a trustee: 10
(a) Including a: 11
a. Power over the investment, management, or 12
distribution of trust property or other matters of trust 13
administration; and 14
b. Power to appoint or remove a trustee or person 15
described in this paragraph; and 16
(b) Excluding a: 17
a. Power of appointment; 18
b. Power of a beneficiary over the trust, to the 19
extent the exercise or nonexercise of the power affects the 20
beneficial interest of the beneficiary or another 21
beneficiary represented by the beneficiary under sections 22
456.3-301 to 456.3-305 with respect to the exercise or 23
nonexercise of the power; and 24
c. Power over the trust if the terms of the trust 25
provide that the power is held in a nonfiduciary capacity 26
and the power shall be held in a nonfiduciary capaci ty to 27
achieve a tax objective under 26 U.S.C., as amended. 28
2. The representation provisions of sections 456.3 -301 29
to 456.3-305 apply to notice under this section. 30
3. A person may consent in a record at any time to 31
action proposed under subdi vision (2) of subsection 2 of 32
section 469.475. A notice required by subdivision (2) of 33
subsection 2 of section 469.475 need not be sent to a person 34
that consents under this subsection. 35 124
SCS HCS HB 2064 & HCS NO. 2 HB 1886
4. A notice required by subdivision (2) of subsection 36
2 of section 469.475 shall include: 37
(1) The action proposed under subdivision (2) of 38
subsection 2 of section 469.475; 39
(2) For a conversion of an income trust to a unitrust, 40
a copy of the unitrust policy adopted under subdivision (1) 41
of subsection 1 of section 469.475; 42
(3) For a change in the percentage or method used to 43
calculate the unitrust amount, a copy of the unitrust policy 44
or amendment or replacement of the unitrust policy adopted 45
under subdivision (2) of subsection 1 of section 469 .475; 46
(4) A statement that the person to which the notice is 47
sent may object to the proposed action by stating in a 48
record the basis for the objection and sending or delivering 49
the record to the fiduciary; 50
(5) The date by which an objection under subdivision 51
(4) of this subsection shall be received by the fiduciary, 52
which shall be at least thirty days after the date the 53
notice is sent; 54
(6) The date on which the action is proposed to be 55
taken and the date on which the action is propo sed to take 56
effect; 57
(7) The name and contact information of the fiduciary; 58
and 59
(8) The name and contact information of a person that 60
may be contacted for additional information. 61
469.479. 1. In administering a unitrust un der 1
sections 469.471 to 469.487, a fiduciary shall follow a 2
unitrust policy adopted under subdivision (1) or (2) of 3
subsection 1 of section 469.475 or amended or replaced under 4
subdivision (2) of subsection 1 of section 469.475. 5
2. A unitrust policy shall provide: 6 125
SCS HCS HB 2064 & HCS NO. 2 HB 1886
(1) The unitrust rate or the method for determining 7
the unitrust rate under section 469.481; 8
(2) The method for determining the applicable value 9
under section 469.483; and 10
(3) The rules described in sections 469.481 t o 469.487 11
that apply in the administration of the unitrust, whether 12
the rules are: 13
(a) Mandatory, as provided in subsection 1 of section 14
469.483 and subsection 1 of section 469.485; or 15
(b) Optional, as provided in section 469.481, 16
subsection 2 of section 469.483, subsection 2 of section 17
469.485, and subsection 1 of section 469.487, to the extent 18
the fiduciary elects to adopt such rules. 19
469.481. 1. Except as otherwise provided in 1
subdivision (1) of subsection 2 of sec tion 469.487, a 2
unitrust rate may be: 3
(1) A fixed unitrust rate; or 4
(2) A unitrust rate that is determined for each period 5
using: 6
(a) A market index or other published data; or 7
(b) A mathematical blend of market indices or other 8
published data over a stated number of preceding periods. 9
2. Except as otherwise provided in subdivision (1) of 10
subsection 2 of section 469.487, a unitrust policy may 11
provide: 12
(1) A limit on how high the unitrust rate determined 13
under subdivision (2) of subsection 1 of this section may 14
rise; 15
(2) A limit on how low the unitrust rate determined 16
under subdivision (2) of subsection 1 of this section may 17
fall; 18 126
SCS HCS HB 2064 & HCS NO. 2 HB 1886
(3) A limit on how much the unitrust rate determined 19
under subdivision (2) of subsection 1 of this section may 20
increase over the unitrust rate for the preceding period or 21
a mathematical blend of unitrust rates over a stated number 22
of preceding periods; 23
(4) A limit on how much the unitrust rate determined 24
under subdivision (2) of subsection 1 of this section may 25
decrease below the unitrust rate for the preceding period or 26
a mathematical blend of unitrust rates over a stated number 27
of preceding periods; or 28
(5) A mathematical blend of any of the unitrust rates 29
determined under subdivision (2) of subsection 1 of this 30
section and subdivisions (1) to (4) of this subsection. 31
469.483. 1. A unitrust policy shall provide the 1
method for determining the fair market value of an asset for 2
the purpose of determining the unitrust amount, including: 3
(1) The frequency of valuing the asset, which need not 4
require a valuation in every period; and 5
(2) The date for valuing the asset in each period in 6
which the asset is valued. 7
2. Except as otherwise provided in subdivision (2) of 8
subsection 2 of section 469.487, a unitrust policy may 9
provide methods for determining the amount of the net fair 10
market value of the trust to take into account in 11
determining the applicable value, including: 12
(1) Obtaining an appraisal of an asset for which fair 13
market value is not readily available; 14
(2) Exclusion of specific assets or groups or types of 15
assets; 16
(3) Other exceptions or modifications of the treatment 17
of specific assets or gr oups or types of assets; 18 127
SCS HCS HB 2064 & HCS NO. 2 HB 1886
(4) Identification and treatment of cash or property 19
held for distribution; 20
(5) Use of: 21
(a) An average of fair market values over a stated 22
number of preceding periods; or 23
(b) Another mathematical blend of fair market values 24
over a stated number of preceding periods; 25
(6) A limit on how much the applicable value of all 26
assets, groups of assets, or individual assets may increase 27
over: 28
(a) The corresponding applicable value for the 29
preceding period; or 30
(b) A mathematical blend of applicable values over a 31
stated number of preceding periods; 32
(7) A limit on how much the applicable value of all 33
assets, groups of assets, or individual assets may decrease 34
below: 35
(a) The corresponding applicable value for the 36
preceding period; or 37
(b) A mathematical blend of applicable values over a 38
stated number of preceding periods; 39
(8) The treatment of accrued income and other features 40
of an asset that affect value; and 41
(9) Determining the liabilities of the trust, 42
including treatment of liabilities to conform with the 43
treatment of assets under subdivisions (1) to (8) of this 44
subsection. 45
469.485. 1. A unitrust policy shall provide the 1
period used under sections 469.481 and 469.483. Except as 2
otherwise provided in subdivision (3) of subsection 2 of 3
section 469.481, the period may be: 4
(1) A calendar year; 5 128
SCS HCS HB 2064 & HCS NO. 2 HB 1886
(2) A twelve-month period other than a calendar year; 6
(3) A calendar quarter; 7
(4) A three-month period other than a calendar 8
quarter; or 9
(5) Another period. 10
2. Except as otherwise provided in subsection 2 of 11
section 469.487, a unitrust policy may provide standards for: 12
(1) Using fewer preceding periods under pa ragraph (b) 13
of subdivision (2) of subsection 1 of section 469.481 or 14
subdivision (3) or (4) of subsection 2 of section 469.481 if: 15
(a) The trust was not in existence in a preceding 16
period; or 17
(b) Market indices or other published data are no t 18
available for a preceding period; 19
(2) Using fewer preceding periods under paragraph (a) 20
or (b) of subdivision (5) of subsection 2 of section 21
469.483, paragraph (b) of subdivision (6) of subsection 2 of 22
section 469.483, or paragraph (b) of subdi vision (7) of 23
subsection 2 of section 469.483 if: 24
(a) The trust was not in existence in a preceding 25
period; or 26
(b) Fair market values are not available for a 27
preceding period; and 28
(3) Prorating the unitrust amount on a daily basis for 29
a part of a period in which the trust or the administration 30
of the trust as a unitrust or the interest of any 31
beneficiary commences or terminates. 32
469.487. 1. A unitrust policy may: 1
(1) Provide methods and standards for: 2
(a) Determining the timing of distributions; 3
(b) Making distributions in cash or in kind or partly 4
in cash and partly in kind; or 5 129
SCS HCS HB 2064 & HCS NO. 2 HB 1886
(c) Correcting an underpayment or overpayment to a 6
beneficiary based on the unitrust amount if there is an 7
error in calculating the unitrust amount; 8
(2) Specify sources and the order of sources, 9
including categories of income for federal income tax 10
purposes, from which distributions of a unitrust amount are 11
paid; or 12
(3) Provide other standards and r ules the fiduciary 13
determines serve the interests of the beneficiaries. 14
2. If a trust qualifies for a special tax benefit or a 15
fiduciary is not an independent person: 16
(1) The unitrust rate established under section 17
469.481 shall not be less than three percent or more than 18
five percent; 19
(2) The only provisions of section 469.483 that apply 20
are subsection 1 of section 469.483; subdivisions (1), (4), 21
and (9) of subsection 2 of section 469.483; and paragraph 22
(a) of subdivision (5) of su bsection 2 of section 469.483; 23
(3) The only period that may be used under section 24
469.485 is a calendar year under subdivision (1) of 25
subsection 1 of section 469.485; and 26
(4) The only other provisions of section 469.485 that 27
apply are paragraph (a) of subdivision (2) of subsection 2 28
of section 469.485 and subdivision (3) of subsection 2 of 29
section 469.485. 30
474.540. The provisions of sections 474.540 to 474.564 1
shall be known and may be cited as the "Missouri Electronic 2
Wills and Electronic Estate Planning Documents Act". 3
474.542. As used in sections 474.540 to 474.564, the 1
following terms mean: 2 130
SCS HCS HB 2064 & HCS NO. 2 HB 1886
(1) "Electronic", technology having electrical, 3
digital, magnetic, wireless, optical, electromagnet ic, or 4
similar capabilities; 5
(2) "Electronic presence", the relationship of two or 6
more individuals in different locations in real time using 7
technology enabling live, interactive audio -visual 8
communication that allows for observation, direct 9
interaction, and communication between or among the 10
individuals; 11
(3) "Electronic will", a will executed electronically 12
in compliance with subsection 1 of section 474.548; 13
(4) "Record", information that is inscribed on a 14
tangible medium or that is stored in an electronic or other 15
medium and is retrievable in perceivable form; 16
(5) "Security procedure", a procedure to verify that 17
an electronic signature, record, or performance is that of a 18
specific person or to detect a change or error in an 19
electronic record, including a procedure that uses an 20
algorithm, code, identifying word or number, encryption, or 21
callback or other acknowledgment procedure; 22
(6) "Sign", with present intent to authenticate or 23
adopt a record to: 24
(a) Execute or adopt a tangible symbol; or 25
(b) Affix to or logically associate with the record an 26
electronic symbol or process; 27
(7) "State", a state of the United States, the 28
District of Columbia, Puerto Rico, the United States Virgin 29
Islands, a federally recognized Indian tribe, or any 30
territory or insular possession subject to the jurisdiction 31
of the United States; 32
(8) "Will", a codicil and any testamentary instrument 33
that appoints an executor, revokes or revises another will, 34 131
SCS HCS HB 2064 & HCS NO. 2 HB 1886
nominates a guardian, or expressly excludes or limits the 35
right of an individual or class to succeed to property of 36
the decedent passing by intestate succession. 37
474.544. An electronic will shall be a will for all 1
purposes of the laws of this s tate. The provisions of law 2
of this state applicable to wills and principles of equity 3
shall apply to an electronic will, except as modified by 4
sections 474.540 to 474.564. 5
474.546. A will executed electronically but not in 1
compliance with subsection 1 of section 474.548 shall be an 2
electronic will under the provisions of sections 474.540 to 3
474.564 if executed in compliance with the law of the 4
jurisdiction where the testator is: 5
(1) Physically located when the will is sign ed; or 6
(2) Domiciled, or where the testator resides, when the 7
will is signed or when the testator dies. 8
474.548. 1. An electronic will shall be: 1
(1) A record that is readable as text at the time of 2
signing as provided in subdivision (2) of this subsection 3
and remains accessible as text for later reference; 4
(2) Signed by: 5
(a) The testator; or 6
(b) Another individual in the testator's name, in the 7
testator's physical presence, and by the testator's 8
direction; and 9
(3) Signed in the physical or electronic presence of 10
the testator by at least two individuals after witnessing: 11
(a) The signing of the will pursuant to subdivision 12
(2) of this subsection; or 13
(b) The testator's acknowledgment of the signing of 14
the will pursuant to subdivision (2) of this subsection or 15
acknowledgment of the will. 16 132
SCS HCS HB 2064 & HCS NO. 2 HB 1886
2. The intent of a testator that the record in 17
subdivision (1) of subsection 1 of this section be the 18
testator's electronic will may be establi shed by extrinsic 19
evidence. 20
3. In accordance with the provisions of sections 21
474.337 or 474.550, a witness to a will shall be a resident 22
of a state and physically located in a state at the time of 23
signing if no self-proving affidavit is signed 24
contemporaneously with the execution of the electronic will. 25
474.550. At the time of its execution or at any 1
subsequent date, an electronic will may be made self -proved 2
in the same manner as specified in section 474.337 or, if 3
fewer than two witnesses are physically present in the same 4
location as the testator at the time of such 5
acknowledgments, before a remote online notary authorized to 6
perform a remote online notarization in this state under the 7
law of any state or the United S tates, and evidenced by a 8
remote online notarial certificate, in form and content 9
substantially as follows, subject to the additional 10
requirements under section 486.1165: 11
12 State of _____
13 County (and/or City) of _____
14
15
16
17
18
19
20
21
22
23
24
25
I, the undersigned notary, certify that _____, the
testator, and the witnesses, whose names are
signed to the attached or foregoing instrument,
having personally appeared before me by remote
online means, and having been first duly sworn,
each then declared to me that the testator signed
and executed the instrument as the testator's last
will, and that the testator had willingly signed
or willingly directed another to sign for the
testator, and that the testator executed it as the
testator's free and voluntary act for the purposes
therein expressed; and that each of the witnesses,
133
SCS HCS HB 2064 & HCS NO. 2 HB 1886
474.552. 1. An electronic will may revoke all or part 1
of a previous will. 2
2. All or part of an electronic will shall be revoked 3
by: 4
(1) A subsequent will that revokes all or part of the 5
electronic will expressly or by inconsistency; 6
(2) A written instrument signed by the testator 7
declaring the revocation; or 8
(3) A physical act, if it is established by a 9
preponderance of the evidence that the testator, with the 10
intent of revoking all or part of the will, performed the 11
act or directed another individual who performed the act in 12
the testator's physical presence. 13
3. If there is evidence that a testator signed an 14
electronic will and neit her the electronic will nor a 15
certified paper copy of the electronic will can be located 16
after a testator's death, there shall be a presumption that 17
the testator revoked the electronic will even if no 18
instrument or later will revoking the electronic wi ll can be 19
located. 20
474.554. Without further notice, at any time during 1
the administration of the estate or, if there is no grant of 2
26
27
28
29
30
in the presence and hearing of the testator,
signed the will as witness and that to the best of
the witnesses' knowledge t he testator was at that
time eighteen or more years of age, of sound mind,
and under no constraint or undue influence.
31
32
33
In witness thereof I have hereunto subscribed my
name and affixed my official seal this _____
(date).
34
35
____________________ (official signature and seal
of notary)
134
SCS HCS HB 2064 & HCS NO. 2 HB 1886
administration, upon such notice and in such manner as the 3
court directs, the court may issue an ord er pursuant to 4
sections 472.400 to 472.490 for a custodian of an account 5
held under a terms-of-service agreement to disclose digital 6
assets for the purposes of obtaining an electronic will from 7
the account of a deceased user. If there is no grant of 8
administration at the time the court issues the order, the 9
court's order shall grant disclosure to the petitioner who 10
is deemed a personal representative under sections 472.400 11
to 472.490. 12
474.556. 1. An individual may create a cert ified 1
paper copy of an electronic will by affirming under penalty 2
of perjury that a paper copy of the electronic will is a 3
complete, true, and accurate copy of the electronic will. 4
If the electronic will is made self -proving, the certified 5
paper copy of the will shall include a self -proving 6
affidavit as provided in sections 474.337 or 474.550. 7
2. If a provision of law or rule of procedure requires 8
a will to be presented or retained in its original form or 9
provides consequences for the informa tion not being 10
presented or retained in its original form, that provision 11
or rule shall be satisfied by a certified paper copy of an 12
electronic will. 13
474.558. In applying and construing the provisions of 1
sections 474.540 to 474.564, consideration shall be given to 2
the need to promote uniformity of the law with respect to 3
its subject matter among states that enact similar 4
provisions. 5
474.560. 1. Any written estate planning document may 1
be executed electronical ly, and no such estate planning 2
document shall be invalid or void solely because it is in 3
electronic form or because it is signed electronically by a 4 135
SCS HCS HB 2064 & HCS NO. 2 HB 1886
settlor, trustee, principal, grantor, declarant, or owner, 5
or by a witness to any such person's signat ure. For 6
purposes of this section, "estate planning document" shall 7
include, but not be limited to: 8
(1) A power of attorney or durable power of attorney; 9
(2) A health care declaration; 10
(3) An advance directive; 11
(4) A power of attorney for health care or durable 12
power of attorney for health care; 13
(5) A revocable trust or amendment thereto, or 14
modification or revocation thereof; 15
(6) An irrevocable trust; 16
(7) A beneficiary deed; 17
(8) A nonprobate transfer; or 18
(9) A document modifying, amending, correcting, or 19
revoking any written estate planning document. 20
2. (1) An electronic estate planning document or an 21
electronic signature on such document shall be attributable 22
to a person if it was the act of the person. The act of the 23
person may be shown in any manner, including a showing of 24
the efficacy of a security procedure applied to determine 25
the person to which the electronic record or signature was 26
attributable. 27
(2) The effect of attribu tion of a document or 28
signature to a person pursuant to subdivision (1) of this 29
subsection shall be determined from the context and 30
surrounding circumstances at the time of its creation, 31
execution, or adoption and as provided by other provisions 32
of law. 33
3. (1) Unless otherwise provided under its terms, any 34
electronic estate planning document may be signed in one or 35
more counterparts, and each separate counterpart may be an 36 136
SCS HCS HB 2064 & HCS NO. 2 HB 1886
electronic document or a paper document, provided that all 37
signed counterpart pages of each document are incorporated 38
into, or attached to, the document. 39
(2) An individual may create a certified paper copy of 40
any such electronic estate planning document by affirming 41
under penalty of perjury that a paper copy of the electronic 42
estate planning document is a complete, true, and accurate 43
copy of such document. If a provision of law or a rule of 44
procedure requires an estate planning document to be 45
presented or retained in its original form or provides 46
consequences for the information not being presented or 47
retained in its original form, such provision or rule shall 48
be satisfied by a certified paper copy of an electronic 49
document. 50
4. Any written estate planning document, other than a 51
will, that requires one or more witnesses to the signature 52
of a principal may be witnessed by any individual or 53
individuals in the electronic presence of the principal. 54
5. A person who acts in reliance upon an 55
electronically executed written estate planning document 56
shall not be liable to any person for so relying and may 57
assume without inquiry the valid execution of the 58
electronically executed written estate planning document. 59
6. This section does not require a written estate 60
planning document to be electronic ally signed. 61
7. The laws of this state and principles of equity 62
applicable to any estate planning document shall apply to 63
any electronic estate planning document except as modified 64
by this section. 65
474.562. The provisions of se ctions 474.540 to 474.564 1
modify, limit, and supersede the federal Electronic 2
Signatures in Global and National Commerce Act, 15 U.S.C. 3 137
SCS HCS HB 2064 & HCS NO. 2 HB 1886
Section 7001 et seq., but do not modify, limit, or supersede 4
Section 101(c) of that act, 15 U.S.C. Section 7001(c), or 5
authorize electronic delivery of any of the notices 6
described in Section 103(b) of that act, 15 U.S.C. Section 7
7003(b). 8
474.564. The provisions of sections 474.540 to 474.564 1
shall apply to any will of a decedent who dies on or a fter 2
August 28, 2024, and to any other written estate planning 3
document, as the term "estate planning document" is defined 4
in section 474.560, signed or remotely witnessed on or after 5
August 28, 2024. 6
474.600. 1. As used in this section, the following 1
terms mean: 2
(1) "Applicable state of emergency", the period 3
between April 6, 2020, and December 31, 2021, during which a 4
state of emergency existed due to a COVID -19 public health 5
threat, as proclaimed by the governor, and du ring which 6
executive orders 20-08, 20-10, 20-12, 20-14, 20-19, 21-07, 7
and 21-09 temporarily suspended the physical appearance 8
requirements in this chapter and authorized the use of audio - 9
visual technology to the extent that any Missouri statute 10
required the physical presence of any testator, settlor, 11
principal, witness, notary, or other person necessary for 12
the effective execution of any estate planning document such 13
as a will, trust, or power of attorney, or a self -proving 14
affidavit of the executi on of such document, if the 15
conditions set forth in the executive orders were met; 16
(2) "Estate planning document", includes, but is not 17
limited to: 18
(a) A will; 19
(b) A codicil; 20
(c) A power of attorney or durable power of attorney; 21 138
SCS HCS HB 2064 & HCS NO. 2 HB 1886
(d) A health care declaration; 22
(e) An advance directive; 23
(f) A power of attorney for health care or a durable 24
power of attorney for health care; 25
(g) A revocable trust or amendment thereto, or 26
modification or revocation thereof; 27
(h) An irrevocable trust; 28
(i) A beneficiary deed; 29
(j) A nonprobate transfer; or 30
(k) A document modifying, amending, correcting, or 31
revoking any written estate planning document; 32
(3) "Necessary person", any testator, settlor, 33
grantor, principal, declarant, witness, notary, or other 34
person required for the effective execution of any estate 35
planning document in this state; 36
(4) "Physical presence requirement", includes, but is 37
not limited to, any requirement of physical pre sence under 38
section 404.705, 459.015, 474.320, or 474.337 or chapter 486. 39
2. With respect to the execution of an estate planning 40
document, a necessary person shall be deemed to have 41
satisfied any physical presence requirement under Missouri 42
law during the applicable state of emergency if the 43
following requirements were met: 44
(1) The signer affirmatively represented that the 45
signer was physically situated in the state of Missouri; 46
(2) The notary was physically located in the state of 47
Missouri and stated in which county the notary was 48
physically located for the jurisdiction on the 49
acknowledgment; 50
(3) The notary identified the signers to the 51
satisfaction of the notary and Missouri law; 52 139
SCS HCS HB 2064 & HCS NO. 2 HB 1886
(4) Any person whose signature was re quired appeared 53
using video conference software where live, interactive 54
audio-visual communication between the principal, notary, 55
and any other necessary person allowed for observation, 56
direct interaction, and communication at the time of 57
signing; and 58
(5) The notary recorded in the notary's journal the 59
exact time and means used to perform the notarial act, along 60
with all other required information, absent the wet 61
signatures. 62
3. The requirements of subdivisions (1) to (5) of 63
subsection 2 of this section shall be deemed satisfied if an 64
attorney who is licensed or authorized to practice law in 65
Missouri and who was present at the remote execution signs a 66
written acknowledgment made before an officer authorized to 67
administer oaths under t he laws of this state, and evidenced 68
by the officer's certificate, under official seal, affixed 69
to or logically associated with the acknowledgment. The 70
form and content of the acknowledgment shall be 71
substantially as follows: 72
73 State of ______
74 County of _____
75 AFFIDAVIT OF REMOTE EXECUTION OF DOCUMENTS
76
77
78
I, __________, am an attorney licensed or
authorized to practice law in the state of
Missouri.
79
80
81
82
83
84
On _____ (date), I convened with the following
individuals via video conference software that
allowed for live, interactive audio -visual
communication between the parties to the conference
and that also allowed for observation, direction,
interaction, and communication between:
140
SCS HCS HB 2064 & HCS NO. 2 HB 1886
475.063. 1. The parent, physical custodian, or 1
guardian of a minor that has a diagnosed developmental 2
disability or intellectual disability as d efined in section 3
630.005 may file a petition and an affidavit for emergency, 4
85
86
__________, the (testator, settlor, grantor,
principal, or declarant);
87 __________, a witness;
88 __________, a second witness; and
89 __________, a notary public.
90
91
92
93
94
95
96
97
98
99
100
During the conference, __________, the (testator,
settlor, grantor, principal, or declarant) signed
the following estate planning document or
documents: (a will, codicil, power of attorney,
durable power of attorney, health care declaration,
advance directive, health care power of attorney,
revocable trust, irrevocable trust, beneficiary
deed, nonprobate transfer, self -proving affidavit
of the execution of a will, or a document
modifying, amending, correcting, or revoking one of
these estate planning docume nts).
101
102
103
All the parties to the conference represented that
they were physically located in the state of
Missouri at the time of the signing.
104
105
106
107
108
109
I have reviewed and am familiar with the
requirements of the applicable executive order or
orders in effect at the time and affirm that the
remote execution of the estate planning document or
documents met all the requirements of the
applicable executive o rder or orders.
110
111
112
In witness whereof I, an officer authorized to
administer oaths, have hereunto subscribed my name
and affixed my official seal this _____ (date).
113 (Signed) _____________________________________
114 (SEAL) _____________________________________
115 (Official capacity of officer) 141
SCS HCS HB 2064 & HCS NO. 2 HB 1886
temporary, or full orders regarding appointment of the 5
parent, physical custodian, guardian, or some other 6
qualified person as guardian of the minor upon the minor 7
attaining the age of eighteen. Such affidavit shall state 8
that: 9
(1) The affiant is the parent, physical custodian, or 10
guardian of the minor; 11
(2) A treating doctor has certified by letter, report, 12
or affidavit that the minor has a diagnosed developme ntal 13
disability or intellectual disability as defined in section 14
630.005, and the letter, report, or affidavit is attached to 15
the affidavit. This shall not include a mental disorder or 16
mental illness as defined in section 630.005; 17
(3) The minor has not yet attained the age of eighteen; 18
(4) No petition for adult guardianship or 19
conservatorship, filed pursuant to section 475.060, has been 20
filed in the court in which the affidavit is filed or in any 21
other court having jurisdiction over the minor; and 22
(5) The affiant is not aware of an objection by an 23
interested person to the appointment of the parent, physical 24
custodian, guardian, or some other qualified person as 25
guardian of the minor upon the minor attaining the age of 26
eighteen. 27
2. If the court finds the affidavit fails to meet one 28
or more of the criteria set forth in subsection 1 of this 29
section, or if good cause is shown by the attorney for the 30
minor or ward, the court may enter an order appointing an 31
attorney to represent the affiant. 32
3. (1) A clerk of a court shall make available to the 33
petitioner the affidavit and other uniform forms adopted by 34
the Missouri supreme court for a proceeding under this 35
section. 36 142
SCS HCS HB 2064 & HCS NO. 2 HB 1886
(2) Except as otherwise provided by law, a c lerk under 37
the supervision of a circuit clerk shall explain to a 38
petitioner who is not represented by counsel the procedures 39
for filing all forms and pleadings necessary for the 40
presentation of the petitioner's petition under this 41
section. The perform ance of duties prescribed in this 42
section shall not constitute the practice of law as defined 43
in section 484.010. 44
(3) All duties of the clerk prescribed in this section 45
shall be performed without cost to the petitioner. The 46
supreme court of Miss ouri may promulgate rules as necessary 47
to govern conduct of a court clerk under this chapter and 48
provide forms for petitions and written instructions on 49
completing all forms and pleadings necessary for the 50
presentation of the petition to the court. 51
4. The court shall accept and act upon a petition 52
filed under this section without requiring a filing fee. 53
Any expenses incurred under this section for attorney's fees 54
for the attorney of the minor or ward may be reimbursed from 55
moneys deposited into a family services and justice fund 56
under section 488.2300. 57
5. For purposes of this section, "physical custodian" 58
means an adult having continuous physical custody of a minor 59
entering adult guardianship or conservatorship for the six 60
months prior to the filing of an affidavit under subsection 61
1 of this section. 62
476.1025. A parent, spouse, child, or personal 1
representative of a person who was convicted of a 2
misdemeanor offense may file a motion with the court in 3
which the person was convicted to have the record of such 4
offense made confidential in any automated case management 5
system if such person has been deceased for six months or 6 143
SCS HCS HB 2064 & HCS NO. 2 HB 1886
more. Upon such motion accompanied by a copy of the death 7
certificate of the deceased person, the court shall make the 8
case confidential. Prior to making the case confidential, 9
the court shall determine whether any person would be 10
unfairly prejudiced by making such record confidential in 11
any automated case management system. 12
477.650. 1. There is hereby created in the state 1
treasury the "Basic Civil Legal Services Fund", to be 2
administered by, or under the direction of, the Missouri 3
supreme court. All moneys collected under section 488.031 4
shall be credited to the fund. In addition to the court 5
filing surcharges, funds from other public or private 6
sources also may be deposited into the fund and all earnings 7
of the fund shall be credited to the fund. The purpose of 8
this section is to increase the funding available for basic 9
civil legal services to eligible low -income persons as such 10
persons are defined by the Federal Legal Services 11
Corporation's Income Eligibility Guidelines. 12
2. Funds in the basic civil legal services fund shall 13
be allocated annually and expended to provide legal 14
representation to eligible low -income persons in the state 15
in civil matters. Moneys, funds, or payments paid to the 16
credit of the basic civil legal services fund shall, at 17
least as often as annually, be distr ibuted to the legal 18
services organizations in this state which qualify for 19
Federal Legal Services Corporation funding. The funds so 20
distributed shall be used by legal services organizations in 21
this state solely to provide legal services to eligible lo w- 22
income persons as such persons are defined by the Federal 23
Legal Services Corporation's Income Eligibility Guidelines. 24
Fund money shall be subject to all restrictions imposed on 25
such legal services organizations by law. Funds shall be 26 144
SCS HCS HB 2064 & HCS NO. 2 HB 1886
allocated to the programs according to the funding formula 27
employed by the Federal Legal Services Corporation for the 28
distribution of funds to this state. Notwithstanding the 29
provisions of section 33.080, any balance remaining in the 30
basic civil legal services fun d at the end of any year shall 31
not be transferred to the state's general revenue fund. 32
Moneys in the basic civil legal services fund shall not be 33
used to pay any portion of a refund mandated by Article X, 34
Section [15] 18 of the Missouri Constitution. State legal 35
services programs shall represent individuals to secure 36
lawful state benefits, but shall not sue the state, its 37
agencies, or its officials, with any state funds. 38
3. Contracts for services with state legal services 39
programs shall provide eligible low-income Missouri citizens 40
with equal access to the civil justice system, with a high 41
priority on families and children, domestic violence, the 42
elderly, and qualification for benefits under the Social 43
Security Act. State legal services programs shall abide by 44
all restrictions, requirements, and regulations of the Legal 45
Services Corporation regarding their cases. 46
4. The Missouri supreme court, or a person or 47
organization designated by the court, is the administrator 48
and shall administer the fund in such manner as determined 49
by the Missouri supreme court, including in accordance with 50
any rules and policies adopted by the Missouri supreme court 51
for such purpose. Moneys from the fund shall be used to pay 52
for the collection of t he fee and the implementation and 53
administration of the fund. 54
5. Each recipient of funds from the basic civil legal 55
services fund shall maintain appropriate records accounting 56
for the receipt and expenditure of all funds distributed and 57
received pursuant to this section. These records must be 58 145
SCS HCS HB 2064 & HCS NO. 2 HB 1886
maintained for a period of five years from the close of the 59
fiscal year in which such funds are distributed or received 60
or until audited, whichever is sooner. All funds 61
distributed or received pursuant to this section are subject 62
to audit by the Missouri supreme court or the state auditor. 63
6. The Missouri supreme court, or a person or 64
organization designated by the court, shall, by January 65
thirty-first of each year, report to the general assembl y on 66
the moneys collected and disbursed pursuant to this section 67
and section 488.031 by judicial circuit. 68
[7. The provisions of this section shall expire on 69
December 31, 2025.] 70
478.001. 1. For purposes of sections 478.001 to 1
478.009, the following terms shall mean: 2
(1) "Adult treatment court", a treatment court focused 3
on addressing the substance use disorder or co -occurring 4
disorder of defendants charged with a criminal offense; 5
(2) "Community-based substance use disorder treatment 6
program", an agency certified by the department of mental 7
health as a substance use disorder treatment provider; 8
(3) "Co-occurring disorder", the coexistence of both a 9
substance use disorder and a mental health disorder; 10
(4) "DWI court", a treatment court focused on 11
addressing the substance use disorder or co -occurring 12
disorder of defendants who have pleaded guilty to or been 13
found guilty of driving while intoxicated or driving with 14
excessive blood alcohol content; 15
(5) "Family treatment court", a treatment court 16
focused on addressing a substance use disorder or co - 17
occurring disorder existing in families in the juvenile 18
court, family court, or criminal court in which a parent or 19
other household member has been determined to have a 20 146
SCS HCS HB 2064 & HCS NO. 2 HB 1886
substance use disorder or co -occurring disorder that impacts 21
the safety and well-being of the children in the family; 22
(6) "Juvenile treatment court", a treatment court 23
focused on addressing the substance use disorder or co - 24
occurring disorder of juveniles in the juvenile court; 25
(7) "Medication-assisted treatment", the use of 26
pharmacological medications, in combination with counseling 27
and behavioral therapies, to provide a whole -patient 28
approach to the treatment of sub stance use disorders; 29
(8) "Mental health court", a treatment court focused 30
on addressing the mental health disorder or co -occurring 31
disorder of defendants charged with a criminal offense; 32
(9) "Mental health disorder", any organic, mental, or 33
emotional impairment that has substantial adverse effects on 34
a person's cognitive, volitional, or emotional function and 35
that constitutes a substantial impairment in a person's 36
ability to participate in activities of normal living; 37
[(9)] (10) "Risk and needs assessment", an actuarial 38
tool, approved by the treatment courts coordinating 39
commission and validated on a targeted population of drug - 40
involved adult offenders, scientifically proven to determine 41
a person's risk to recidivate and to ident ify criminal risk 42
factors that, when properly addressed, can reduce that 43
person's likelihood of committing future criminal behavior; 44
[(10)] (11) "Substance use disorder", the recurrent 45
use of alcohol or drugs that causes clinically significant 46
impairment, including health problems, disability, and 47
failure to meet major responsibilities at work, school, or 48
home; 49
[(11)] (12) "Treatment court commissioner", a person 50
appointed by a majority of the circuit and associate circuit 51 147
SCS HCS HB 2064 & HCS NO. 2 HB 1886
judges in a circuit to preside as the judicial officer in 52
the treatment court division; 53
[(12)] (13) "Treatment court division", a specialized, 54
nonadversarial court division with jurisdiction over cases 55
involving substance-involved offenders and making extensive 56
use of comprehensive supervision, drug or alcohol testing, 57
and treatment services. Treatment court divisions include, 58
but are not limited to, the following specialized courts: 59
adult treatment court, DWI court, family treatment court, 60
juvenile treatment court, mental health court, veterans 61
treatment court, or any combination thereof; 62
[(13)] (14) "Treatment court team", the following 63
members who are assigned to the treatment court: the judge 64
or treatment court commissioner, treatment court 65
administrator or coordinator, prosecutor, public defender or 66
member of the criminal defense bar, a representative from 67
the division of probation and parole, a representative from 68
law enforcement, substance use disorder or mental health 69
disorder treatment providers, and any other person selected 70
by the treatment court team; 71
[(14)] (15) "Veterans treatment court", a treatment 72
court focused on substance use disorders, co -occurring 73
disorders, or mental health disorders of defendants charged 74
with a criminal offense who are military veterans or current 75
military personnel. 76
2. A treatment court division shall be established, 77
prior to August 28, 2021, by any circuit court pursuant to 78
sections 478.001 to 478.009 to provide an alternative for 79
the judicial system to dispose of cases which stem from, or 80
are otherwise impacted by, a substance use disorder or 81
mental health disorder . The treatment court division may 82
include, but not be limited to, cases assigned to an adult 83 148
SCS HCS HB 2064 & HCS NO. 2 HB 1886
treatment court, DWI c ourt, family treatment court, juvenile 84
treatment court, mental health court, veterans treatment 85
court, or any combination thereof. A treatment court shall 86
combine judicial supervision, drug or alcohol testing, and 87
treatment of participants. Except for good cause found by 88
the court, a treatment court making a referral for substance 89
use disorder or mental health disorder treatment, when such 90
program will receive state or federal funds in connection 91
with such referral, shall refer the person only to a program 92
which is certified by the department of mental health, 93
unless no appropriate certified treatment program is located 94
within the same county as the treatment court. Upon 95
successful completion of the treatment court program, the 96
charges, petition, or penalty against a treatment court 97
participant may be dismissed, reduced, or modified, unless 98
otherwise stated. Any fees received by a court from a 99
defendant as payment for substance or mental health 100
treatment programs shall not be considered c ourt costs, 101
charges or fines. 102
3. An adult treatment court may be established by any 103
circuit court [under sections 478.001 to 478.009 ] to provide 104
an alternative for the judicial system to dispose of cases 105
which stem from substance use. 106
4. [Under sections 478.001 to 478.009, ] A DWI court 107
may be established by any circuit court to provide an 108
alternative for the judicial system to dispose of cases that 109
stem from driving while intoxicated. 110
5. A family treatment court may be established b y any 111
circuit court. The juvenile division of the circuit court 112
or the family court, if one is established under section 113
487.010, may refer one or more parents or other household 114
members subject to its jurisdiction to the family treatment 115 149
SCS HCS HB 2064 & HCS NO. 2 HB 1886
court if he or she has been determined to have a substance 116
use disorder or co-occurring disorder that impacts the 117
safety and well-being of the children in the family. 118
6. A juvenile treatment court may be established by 119
the juvenile division of any circuit co urt. The juvenile 120
division may refer a juvenile to the juvenile treatment 121
court if the juvenile is determined to have committed acts 122
that violate the criminal laws of the state or ordinances of 123
a municipality or county and a substance use disorder or co- 124
occurring disorder contributed to the commission of the 125
offense. 126
7. The general assembly finds and declares that it is 127
the public policy of this state to encourage and provide an 128
alternative method for the disposal of cases for military 129
veterans and current military personnel with substance use 130
disorders, mental health disorders, or co -occurring 131
disorders. In order to effectuate this public policy, a 132
veterans treatment court may be established by any circuit 133
court, or combination of circu it courts upon agreement of 134
the presiding judges of such circuit courts, to provide an 135
alternative for the judicial system to dispose of cases that 136
stem from a substance use disorder, mental health disorder, 137
or co-occurring disorder of military veteran s or current 138
military personnel. A veterans treatment court shall 139
combine judicial supervision, drug or alcohol testing, and 140
substance use and mental health disorder treatment to 141
participants who have served or are currently serving the 142
United States Armed Forces, including members of the 143
Reserves or National Guard, with preference given to 144
individuals who have combat service. For the purposes of 145
this section, combat service shall be shown through military 146
service documentation that reflects serv ice in a combat 147 150
SCS HCS HB 2064 & HCS NO. 2 HB 1886
theater, receipt of combat service medals, or receipt of 148
imminent danger or hostile fire pay or tax benefits. Except 149
for good cause found by the court, a veterans treatment 150
court shall make a referral for substance use or mental 151
health disorder treatment, or a combination of substance use 152
and mental health disorder treatment, through the Department 153
of Defense health care, the Veterans Administration, or a 154
community-based substance use disorder treatment program. 155
Community-based programs utilized shall receive state or 156
federal funds in connection with such referral and shall 157
only refer the individual to a program certified by the 158
department of mental health, unless no appropriate certified 159
treatment program is located within the same circuit as the 160
veterans treatment court. 161
8. A mental health court may be established by any 162
circuit court to provide an alternative for the judicial 163
system to dispose of cases that stem from a mental health 164
disorder or co-occurring disorder. 165
487.110. The uniform child custody jurisdiction and 1
enforcement act, as enacted in sections [452.440 to 452.550] 2
452.700 to 452.930, shall apply to all child custody 3
proceedings, as defined in section 452.705, in the family 4
court. 5
488.040. [1.] Each grand and petit juror shall [, 1
pursuant to the provisions of section 494.455, receive six 2
dollars per day for every day he or she may actually serve 3
as such and seven cents for every mile he or she may 4
necessarily travel going from his or her place of residence 5
to the courthouse and returning, to be paid from funds of 6
the county or a city not within a county. 7
2. Provided that a county or a city not within a 8
county authorizes daily compensation payable fro m county or 9 151
SCS HCS HB 2064 & HCS NO. 2 HB 1886
city funds for jurors who serve in that county pursuant to 10
subsection 3 of this section in the amount of at least six 11
dollars per day in addition to the amount required by 12
subsection 1 of this section, a person shall receive an 13
additional six dollars per day, pursuant to the provisions 14
of section 494.455, to be reimbursed by the state of 15
Missouri so that the total compensation payable shall be at 16
least eighteen dollars, plus mileage as indicated in 17
subsection 1 of this section, for each day that the person 18
actually serves as a petit juror in a particular case; or 19
for each day that a person actually serves as a grand juror 20
during a term of a grand jury. The state shall reimburse 21
the county for six dollars of the additional juror 22
compensation provided by this subsection. 23
3. The governing body of each county or a city not 24
within a county may authorize additional daily compensation 25
and mileage allowance for jurors, which additional 26
compensation shall be paid from the funds of t he county or a 27
city not within a county. The governing body of each county 28
or a city not within a county may authorize additional daily 29
compensation and mileage allowance for jurors attending a 30
coroner's inquest. Jurors may receive the additional 31
compensation and mileage allowance authorized by this 32
subsection only if the governing body of the county or the 33
city not within a county authorizes the additional 34
compensation. The provisions of this subsection authorizing 35
additional compensation shall terminate upon the issuance of 36
a mandate by the Missouri supreme court which results in the 37
state of Missouri being obligated or required to pay any 38
such additional compensation even if such additional 39
compensation is formally approved or authorized b y the 40
governing body of a county or a city not within a county. 41 152
SCS HCS HB 2064 & HCS NO. 2 HB 1886
4. When each panel of jurors summoned and attending 42
court has completed its service, the board of jury 43
commissioners shall cause to be submitted to the governing 44
body of the county o r a city not within a county a statement 45
of fees earned by each juror. Within thirty days of the 46
submission of the statement of fees, the governing body 47
shall cause payment to be made to those jurors summoned the 48
fees earned during their service as ju rors] receive daily 49
compensation and mileage allowance in the amount provided by 50
law pursuant to section 494.455 . 51
488.426. 1. The judges of the circuit court, en banc, 1
in any circuit in this state may require any party filing a 2
civil case in the circuit court, at the time of filing the 3
suit, to deposit with the clerk of the court a surcharge in 4
addition to all other deposits required by law or court 5
rule. Sections 488.426 to 488.432 shall not apply to 6
proceedings when costs are waived or are to be paid by the 7
county or state or any city. 8
2. The surcharge in effect on August 28, 2001, shall 9
remain in effect until changed by the circuit court. The 10
circuit court in any circuit, except the circuit court in 11
Jackson County, the circuit court in the city of St. Louis, 12
or the circuit court in any circuit that reimburses the 13
state for the salaries of family court commissioners under 14
and pursuant to section 487.020, may change the fee to any 15
amount not to exceed fifteen doll ars. The circuit court in 16
Jackson County, the circuit court in the city of St. Louis, 17
or the circuit court in any circuit that reimburses the 18
state for the salaries of family court commissioners under 19
and pursuant to section 487.020 may change the fee to any 20
amount not to exceed twenty dollars. A change in the fee 21 153
SCS HCS HB 2064 & HCS NO. 2 HB 1886
shall become effective and remain in effect until further 22
changed. 23
3. Sections 488.426 to 488.432 shall not apply to 24
proceedings when costs are waived or are paid by the county 25
or state or any city. 26
[4. In addition to any fee authorized by subsection 1 27
of this section, any county of the first classification with 28
more than one hundred one thousand but fewer than one 29
hundred fifteen thousand inhabitants may impose an 30
additional fee of ten dollars excluding cases concerning 31
adoption and those in small claims court. The provisions of 32
this subsection shall expire on December 31, 2019. ] 33
488.2300. 1. A "Family Services and Justice Fund" is 1
hereby established in each county or circuit with a family 2
court, for the purpose of aiding with the operation of the 3
family court divisions and services provided by those 4
divisions. In circuits or counties having a family court, 5
the circuit clerk shall charge and c ollect a surcharge of 6
thirty dollars in all proceedings falling within the 7
jurisdiction of the family court. The surcharge shall not 8
be charged when no court costs are otherwise required, shall 9
not be charged against the petitioner for actions filed 10
pursuant to the provisions of chapter 455, but may be 11
charged to the respondent in such actions, shall not be 12
charged to a government agency and shall not be charged in 13
any proceeding when costs are waived or are to be paid by 14
the state, county or muni cipality. 15
2. In juvenile proceedings under chapter 211, a 16
judgment of up to thirty dollars may be assessed against the 17
child, parent or custodian of the child, in addition to 18
other amounts authorized by law, in informal adjustments 19
made under the provisions of sections 211.081 and 211.083, 20 154
SCS HCS HB 2064 & HCS NO. 2 HB 1886
and in an order of disposition or treatment under the 21
provisions of section 211.181. The judgment may be ordered 22
paid to the clerk of the circuit where the assessment is 23
imposed. 24
3. All sums collected pursuant to this section and 25
section 487.140 shall be payable to the various county 26
family services and justice funds. 27
4. Nothing in this section prohibits the general 28
assembly from appropriating moneys into the various county 29
family services and justice funds to be expended for the 30
purposes provided for in this section. 31
5. Any moneys in the family services and justice fund 32
not expended for salaries of commissioners, family court 33
administrators and family court staff shall be used toward 34
funding the enhanced services provided as a result of the 35
establishment of a family court; however, it shall not 36
replace or reduce the current and ongoing responsibilities 37
of the counties to provide funding for the courts as 38
required by law. Moneys collected for the family services 39
and justice fund shall be expended for the benefit of 40
litigants and recipients of services in the family court, 41
with priority given to fees incurred under subsection 5 or 7 42
of section 475.075 or expenses incurred under section 43
475.063, and to services such as guardians ad litem, 44
mediation, counseling, home studies, psychological 45
evaluation and other forms of alternative dispute -resolution 46
services. Expenditures shall be made at the discretion of 47
the presiding judge or family court administrative judge, as 48
designated by the circuit and associate circuit judges en 49
banc, for the implementation of the family court system as 50
set forth in this section. No moneys from the family 51 155
SCS HCS HB 2064 & HCS NO. 2 HB 1886
services and justice fund may be used to pay for mediation 52
in any cause of action in which domestic violence is alleged. 53
[5.] 6. From the funds collected pursuant to this 54
section and retained in the family services and justice 55
fund, each circuit or county in which a family court 56
commissioner in addition to those commissioners existing as 57
juvenile court commissioners on August 28, 1993, have been 58
appointed pursuant to sections 487.020 to 487.040 shall pay 59
to and reimburse the state for the actual costs of that 60
portion of the salari es of family court commissioners 61
appointed pursuant to the provisions of sections 487.020 to 62
487.040. 63
[6.] 7. No moneys deposited in the family services and 64
justice fund may be expended for capital improvements. 65
491.075. 1. A statement made by a child under the age 1
of [fourteen] eighteen, or a vulnerable person, relating to 2
an offense under chapter 565, 566, 568 or 573, performed by 3
another, not otherwise admissible by statute or court rule, 4
is admissible in evidence in cri minal proceedings in the 5
courts of this state as substantive evidence to prove the 6
truth of the matter asserted if: 7
(1) The court finds, in a hearing conducted outside 8
the presence of the jury that the time, content and 9
circumstances of the state ment provide sufficient indicia of 10
reliability; and 11
(2) (a) The child or vulnerable person testifies at 12
the proceedings; or 13
(b) The child or vulnerable person is unavailable as a 14
witness; or 15
(c) The child or vulnerable person is other wise 16
physically available as a witness but the court finds that 17
the significant emotional or psychological trauma which 18 156
SCS HCS HB 2064 & HCS NO. 2 HB 1886
would result from testifying in the personal presence of the 19
defendant makes the child or vulnerable person unavailable 20
as a witness at the time of the criminal proceeding. 21
2. Notwithstanding subsection 1 of this section or any 22
provision of law or rule of evidence requiring corroboration 23
of statements, admissions or confessions of the defendant, 24
and notwithstanding any prohib ition of hearsay evidence, a 25
statement by a child when under the age of [fourteen] 26
eighteen, or a vulnerable person, who is alleged to be 27
victim of an offense under chapter 565, 566, 568 or 573 is 28
sufficient corroboration of a statement, admission or 29
confession regardless of whether or not the child or 30
vulnerable person is available to testify regarding the 31
offense. 32
3. A statement may not be admitted under this section 33
unless the prosecuting attorney makes known to the accused 34
or the accused's counsel his or her intention to offer the 35
statement and the particulars of the statement sufficiently 36
in advance of the proceedings to provide the accused or the 37
accused's counsel with a fair opportunity to prepare to meet 38
the statement. 39
4. Nothing in this section shall be construed to limit 40
the admissibility of statements, admissions or confessions 41
otherwise admissible by law. 42
5. For the purposes of this section, "vulnerable 43
person" shall mean a person who, as a result of an 44
inadequately developed or impaired intelligence or a 45
psychiatric disorder that materially affects ability to 46
function, lacks the mental capacity to consent, or whose 47
developmental level does not exceed that of an ordinary 48
child of [fourteen] seventeen years of age. 49 157
SCS HCS HB 2064 & HCS NO. 2 HB 1886
492.304. 1. In addition to the admissibility of a 1
statement under the provisions of section 492.303, the 2
visual and aural recording of a verbal or nonverbal 3
statement of a child when under the age of [fourteen who is 4
alleged to be a victim of] eighteen or a vulnerable person, 5
relating to an offense under the provisions of chapter 565, 6
566 [or], 568, or 573, if performed by another, is 7
admissible into evidence if: 8
(1) No attorney for either party was present when the 9
statement was made; except that, for any statement taken at 10
a state-funded child assessment center as provided for in 11
subsection 2 of section 210.001, an attorney representing 12
the state of Missouri in a criminal investigation may, as a 13
member of a multidisciplinary investigation team, observe 14
the taking of such statement, but such attorney shall not be 15
present in the room where the interview is being conducted; 16
(2) The recording is both visual and aural and is 17
recorded on film or videotape or by other electronic means; 18
(3) The recording equipment was capable of making an 19
accurate recording, the operator of the equipment was 20
competent, and the recording is accurate and has not been 21
altered; 22
(4) The statement was not made in response to 23
questioning calculated to lead the child or vulnerable 24
person to make a particular statement or to act in a 25
particular way; 26
(5) Every voice on the recording is identified; 27
(6) The person conducting the interview of the child 28
or vulnerable person in the recording is present at the 29
proceeding and available to testify or be cross -examined by 30
either party; and 31 158
SCS HCS HB 2064 & HCS NO. 2 HB 1886
(7) The defendant or the attorney for the defendant is 32
afforded an opportunity to view the recording before it is 33
offered into evidence. 34
2. If the child or vulnerable person does not testify 35
at the proceeding, the visual and aural recording of a 36
verbal or nonverbal statement of the child or vulnerable 37
person shall not be admissible under this section unless the 38
recording qualifies for admission under section 491.075. 39
3. If the visual and aural recording of a verbal or 40
nonverbal statement of a child or vulnerable person is 41
admissible under this section and the child or vulnerable 42
person testifies at the procee ding, it shall be admissible 43
in addition to the testimony of the child or vulnerable 44
person at the proceeding whether or not it repeats or 45
duplicates the child's or vulnerable person's testimony. 46
4. As used in this section, a nonverbal statement 47
shall be defined as any demonstration of the child or 48
vulnerable person by his or her actions, facial expressions, 49
demonstrations with a doll or other visual aid whether or 50
not this demonstration is accompanied by words. 51
5. For the purposes of thi s section, "vulnerable 52
person" shall mean a person who, as a result of an 53
inadequately developed or impaired intelligence or a 54
psychiatric disorder that materially affects the ability to 55
function, lacks the mental capacity to consent, or whose 56
developmental level does not exceed that of an ordinary 57
child of seventeen years of age. 58
494.455. 1. [Each county or city not within a county 1
may elect to compensate its jurors pursuant to subsection 2 2
of this section except as otherwise p rovided in subsection 3 3
of this section. 4 159
SCS HCS HB 2064 & HCS NO. 2 HB 1886
2.] Each grand and petit juror shall receive a minimum 5
of six dollars per day, for every day [he or she] the juror 6
may actually serve as [such] a juror, and [seven cents] the 7
mileage rate as provided by se ction 33.095 for state 8
employees for every mile [he or she] the juror may 9
necessarily travel going from [his or her] the juror's place 10
of residence to the courthouse and returning, to be paid 11
from funds of the county or a city not within a county. 12
Each county or city not within a county may elect to 13
compensate its jurors pursuant to subsection 2 of this 14
section, except as otherwise provided in subsection 3 of 15
this section. 16
2. The governing body of each county or a city not 17
within a county may authorize additional daily compensation 18
and mileage allowance for jurors, which additional 19
compensation shall be paid from the funds of the county or a 20
city not within a county. The governing body of each county 21
or a city not within a county may aut horize additional daily 22
compensation and mileage allowance for jurors attending a 23
coroner's inquest. Jurors may receive the additional 24
compensation and mileage allowance authorized by this 25
subsection only if the governing body of the county or the 26
city not within a county authorizes the additional 27
compensation. The provisions of this subsection authorizing 28
additional compensation shall terminate upon the issuance of 29
a mandate by the Missouri supreme court which results in the 30
state of Missouri be ing obligated or required to pay any 31
such additional compensation even if such additional 32
compensation is formally approved or authorized by the 33
governing body of a county or a city not within a county. 34
Provided that a county or a city not within a co unty 35
authorizes daily compensation payable from county or city 36 160
SCS HCS HB 2064 & HCS NO. 2 HB 1886
funds for jurors who serve in that county pursuant to this 37
subsection in the amount of at least six dollars per day in 38
addition to the amount required by [this] subsection 1 of 39
this section, a person shall receive an additional six 40
dollars per day to be reimbursed by the state of Missouri so 41
that the total compensation payable shall be at least 42
eighteen dollars, plus mileage for each day that the person 43
actually serves as a petit juror in a particular case; or 44
for each day that a person actually serves as a grand juror 45
during a term of a grand jury. The state shall reimburse 46
the county for six dollars of the additional juror 47
compensation provided by this subsection. 48
3. [In any county of the first classification without 49
a charter form of government and with a population of at 50
least two hundred thousand inhabitants, no grand or petit 51
juror shall receive compensation for the first two days of 52
service, but shall receive fifty d ollars per day for the 53
third day and each subsequent day he or she may actually 54
serve as such, and seven cents for every mile he or she may 55
necessarily travel going from his or her place of residence 56
to the courthouse and returning, to be paid from fun ds of 57
the county] Notwithstanding the provisions of subsections 1 58
or 2 of this section to the contrary, by a majority vote, 59
the governing body of a county or a city not within a county 60
may adopt a system for juror compensation in the county or a 61
city not within a county as follows: each grand or petit 62
juror shall receive fifty dollars per day for the third day 63
the juror may actually serve as a juror and for each 64
subsequent day of actual service, and the mileage rate as 65
provided by section 33.095 fo r state employees for every 66
mile the juror may necessarily travel from the juror's place 67
of residence to the courthouse and returning, to be paid 68 161
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from funds of the county or a city not within a county; 69
provided that no grand or petit juror shall receiv e 70
compensation for the first two days the juror may actually 71
serve as such. 72
4. When each panel of jurors summoned and attending 73
court has completed its service, the board of jury 74
commissioners shall cause to be submitted to the governing 75
body of the county or a city not within a county a statement 76
of fees earned by each juror. Within thirty days of the 77
submission of the statement of fees, the governing body 78
shall cause payment to be made to those jurors summoned the 79
fees earned during their service as jurors. 80
509.520. 1. Notwithstanding any provision of law to 1
the contrary, beginning August 28, 2023, pleadings, 2
attachments, exhibits filed with the court in any case, as 3
well as any judgments or orders issued by the cour t, or 4
other records of the court shall not include the following 5
confidential and personal identifying information: 6
(1) The full Social Security number of any party or 7
any child; 8
(2) The full credit card number, financial institution 9
account number, personal identification number, or password 10
used to secure an account of any party; 11
(3) The full motor vehicle operator license number; 12
(4) [Victim] Information[, including the name, 13
address, and other contact information of the ] concerning a 14
victim or witness in a criminal case that is confidential as 15
otherwise provided by statute or as prescribed in the 16
Missouri supreme court rules of criminal procedure or 17
operating rules; 18
(5) [Witness information, including the name, add ress, 19
and other contact information of the witness ; 20 162
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(6)] Any other full state identification number; 21
[(7)] (6) The name, address, and date of birth of a 22
minor and, if applicable, any next friend; [or 23
(8)] (7) The full date of birth of any party; however, 24
the year of birth shall be made available, except for a 25
minor; or 26
(8) Any other information redacted for good cause by 27
order of the court. 28
2. The information provided under subsection 1 of this 29
section shall be provided in a confidential information 30
filing sheet contemporaneously filed with the court or 31
entered by the court, which shall not be subject to public 32
inspection or availability. 33
3. Nothing in this section shall preclude an entity 34
including, but not lim ited to, a financial institution, 35
insurer, insurance support organization, or consumer 36
reporting agency that is otherwise permitted by law to 37
access state court records from using a person's unique 38
identifying information to match such information cont ained 39
in a court record to validate that person's record. 40
4. The Missouri supreme court shall promulgate rules 41
to administer this section. 42
5. Contemporaneously with the filing of every petition 43
for dissolution of marriage, legal separation, motion for 44
modification, action to establish paternity, and petition or 45
motion for support or custody of a minor child, the filing 46
party shall file a confidential case filing sheet with the 47
court which shall not be subject to public inspection and 48
which provides: 49
(1) The name and address of the current employer and 50
the Social Security number of the petitioner or movant, if a 51
person; 52 163
SCS HCS HB 2064 & HCS NO. 2 HB 1886
(2) If known to the petitioner or movant, the name and 53
address of the current employer and the Social Secu rity 54
number of the respondent; and 55
(3) The names, dates of birth, and Social Security 56
numbers of any children subject to the action. 57
6. Contemporaneously with the filing of every 58
responsive pleading petition for dissolution of marriage, 59
legal separation, motion for modification, action to 60
establish paternity, and petition or motion for support or 61
custody of a minor child, the responding party shall file a 62
confidential case filing sheet with the court which shall 63
not be subject to public inspection and which provides: 64
(1) The name and address of the current employer and 65
the Social Security number of the responding party, if a 66
person; 67
(2) If known to the responding party, the name and 68
address of the current employer and the S ocial Security 69
number of the petitioner or movant; and 70
(3) The names, dates of birth, and Social Security 71
numbers of any children subject to the action. 72
7. The full Social Security number of any party or 73
child subject to an order of custody or support shall be 74
retained by the court on the confidential case filing sheet 75
or other confidential record maintained in conjunction with 76
the administration of the case. The full credit card number 77
or other financial account number of any party may be 78
retained by the court on a confidential record if it is 79
necessary to maintain the number in conjunction with the 80
administration of the case. 81
8. Any document described in subsection 1 of this 82
section shall, in lieu of the full number, include o nly the 83
last four digits of any such number. 84 164
SCS HCS HB 2064 & HCS NO. 2 HB 1886
9. Except as provided in section 452.430, the clerk 85
shall not be required to redact any document described in 86
subsection 1 of this section issued or filed before August 87
28, 2009, prior to releasing the document to the public. 88
10. For good cause shown, the court may release 89
information contained on the confidential case filing sheet; 90
except that, any state agency acting under authority of 91
chapter 454 shall have access to information contained 92
herein without court order in carrying out their official 93
duty. 94
510.500. Sections 510.500 to 510.521 shall be known 1
and may be cited as the "Uniform Interstate Depositions and 2
Discovery Act". 3
510.503. As used in sections 510.500 to 510.521, the 1
following terms mean: 2
(1) "Foreign jurisdiction", a state other than this 3
state; 4
(2) "Foreign subpoena", a subpoena issued under 5
authority of a court of record of a foreign jurisdiction; 6
(3) "Person", an individual, corporation, business 7
trust, estate, trust, partnership, limited liability 8
company, association, joint venture, public corporation, 9
government or political subdivision, agency or 10
instrumentality, or any other legal or commercial entity; 11
(4) "State", a state of the United States, the 12
District of Columbia, Puerto Rico, the United States Virgin 13
Islands, a federally recognized Indian tribe, or any 14
territory or insular possession subject to the jurisdiction 15
of the United States; 16
(5) "Subpoena", a document, however denominated, 17
issued under authority of a court of record requiring a 18
person to: 19 165
SCS HCS HB 2064 & HCS NO. 2 HB 1886
(a) Attend and give testimony at a deposition; 20
(b) Produce and permit inspection and copying of 21
designated books, documents, r ecords, electronically stored 22
information, or tangible items in the possession, custody, 23
or control of the person; or 24
(c) Permit inspection of premises under the control of 25
the person. 26
510.506. 1. To request issuance of a subp oena under 1
this section, a party shall submit a foreign subpoena to a 2
clerk of court in the county in which discovery is sought to 3
be conducted in this state. A request for the issuance of a 4
subpoena under sections 510.500 to 510.521 shall not 5
constitute an appearance in the courts of this state. 6
2. If a party submits a foreign subpoena to a clerk of 7
court in this state, the clerk, in accordance with such 8
court's procedure, shall promptly issue a subpoena for 9
service upon the person to which the foreign subpoena is 10
directed. 11
3. A subpoena under subsection 2 of this section shall: 12
(1) Incorporate the terms used in the foreign 13
subpoena; and 14
(2) Contain or be accompanied by the names, addresses, 15
and telephone numbers of all c ounsel of record in the 16
proceeding to which the subpoena relates and of any party 17
not represented by counsel. 18
510.509. A subpoena issued by a clerk of court under 1
section 510.506 shall be served in compliance with the 2
Missouri supreme court rules of civil procedure and laws of 3
this state. 4
510.512. The Missouri supreme court rules of civil 1
procedure and laws of this state, and any amendments 2
thereto, apply to subpoenas issued under section 510.506. 3 166
SCS HCS HB 2064 & HCS NO. 2 HB 1886
510.515. An application to the court for a protective 1
order or to enforce, quash, or modify a subpoena issued by a 2
clerk of court under section 510.506 shall comply with the 3
Missouri supreme court rules of civil procedure and the laws 4
of this state and be submitted to the court in the county in 5
which discovery is to be conducted. 6
510.518. In applying and construing sections 510.500 1
to 510.521, consideration shall be given to the need to 2
promote uniformity of the law with re spect to its subject 3
matter among states that enact it. 4
510.521. Sections 510.500 to 510.521 apply to requests 1
for discovery in cases pending on August 28, 2024. 2
534.157. All transfers of title of real property for 1
rental properties with outstanding collectible judgments 2
shall be filed in the circuit court within thirty days after 3
transfer of title. 4
537.529. 1. This section shall be known and may be 1
cited as the "Uniform Public Expression Pr otection Act". 2
2. As used in this section, the following terms mean: 3
(1) "Goods or services", does not include a dramatic, 4
literary, musical, political, journalistic, or artistic work; 5
(2) "Governmental unit", any city, county, or other 6
political subdivision of this state, or any department, 7
division, board, or other agency of any political 8
subdivision of this state; 9
(3) "Person", an individual, estate, trust, 10
partnership, business or nonprofit entity, governmental 11
unit, or other legal entity. 12
3. Except as otherwise provided in subsection 4 of 13
this section, the provisions of this section shall apply to 14
a cause of action asserted in a civil action against a 15
person based on the person's: 16 167
SCS HCS HB 2064 & HCS NO. 2 HB 1886
(1) Communication in a legis lative, executive, 17
judicial, administrative, or other governmental proceeding; 18
(2) Communication on an issue under consideration or 19
review in a legislative, executive, judicial, 20
administrative, or other governmental proceeding; or 21
(3) Exercise of the right of freedom of speech or of 22
the press, the right to assemble or petition, or the right 23
of association, guaranteed by the Constitution of the United 24
States or the Constitution of the state of Missouri, on a 25
matter of public concern. 26
4. The provisions of this section shall not apply to a 27
cause of action asserted: 28
(1) Against a governmental unit or an employee or 29
agent of a governmental unit acting or purporting to act in 30
an official capacity; 31
(2) By a governmental unit or an employee or agent of 32
a governmental unit acting in an official capacity to 33
enforce a law to protect against an imminent threat to 34
public health or safety; or 35
(3) Against a person primarily engaged in the business 36
of selling or leasing goods or services if the cause of 37
action arises out of a communication related to the person's 38
sale or lease of the goods or services. 39
5. No later than sixty days after a party is served 40
with a complaint, crossclaim, counterclaim, third -party 41
claim, or other pleading that asserts a cause of action to 42
which this section applies, or at a later time on a showing 43
of good cause, the party may file a special motion to 44
dismiss the cause of action or part of the cause of action. 45
6. (1) Except as otherwise provided in this 46
subsection: 47 168
SCS HCS HB 2064 & HCS NO. 2 HB 1886
(a) All other proceedings between the moving party and 48
responding party in an action, including discovery and a 49
pending hearing or motion, are stayed on the filing of a 50
motion under subsection 5 of this section; and 51
(b) On motion by the moving party, the court may stay: 52
a. A hearing or motion involving another party if the 53
ruling on the hearing or motion would adjudicate a legal or 54
factual issue that is material to the motion under 55
subsection 5 of this section; or 56
b. Discovery by another party if the discovery relates 57
to a legal or factual issue that is material to the motion 58
under subsection 5 of this section. 59
(2) A stay under subdivision (1) of this subsection 60
remains in effect unti l entry of an order ruling on the 61
motion filed under subsection 5 of this section and the 62
expiration of the time to appeal the order. 63
(3) If a party appeals from an order ruling on a 64
motion under subsection 5 of this section, all proceedings 65
between all parties in an action are stayed. The stay 66
remains in effect until the conclusion of the appeal. 67
(4) During a stay under subdivision (1) of this 68
subsection, the court may allow limited discovery if a party 69
shows that specific information i s necessary to establish 70
whether a party has satisfied or failed to satisfy a burden 71
imposed by subdivision (1) of subsection 9 of this section 72
and is not reasonably available without discovery. 73
(5) A motion for costs and expenses under subsection 74
12 of this section shall not be subject to a stay under this 75
section. 76
(6) A stay under this subsection does not affect a 77
party's ability to voluntarily dismiss a cause of action or 78
part of a cause of action or move to sever a cause of action. 79 169
SCS HCS HB 2064 & HCS NO. 2 HB 1886
(7) During a stay under this section, the court for 80
good cause may hear and rule on: 81
(a) A motion unrelated to the motion under subsection 82
5 of this section; and 83
(b) A motion seeking a special or preliminary 84
injunction to protect against an imminent threat to public 85
health or safety. 86
7. (1) The court shall hear a motion under subsection 87
5 of this section no later than sixty days after filing of 88
the motion, unless the court orders a later hearing: 89
(a) To allow discovery und er subdivision (4) of 90
subsection 6 of this section; or 91
(b) For other good cause. 92
(2) If the court orders a later hearing under 93
paragraph (a) of subdivision (1) of this subsection, the 94
court shall hear the motion under subsection 5 of this 95
section no later than sixty days after the court order 96
allowing the discovery, subject to paragraph (b) of 97
subdivision (1) of this subsection. 98
8. In ruling on a motion under subsection 5 of this 99
section, the court shall consider the parties' pleadi ngs, 100
the motion, any replies and responses to the motion, and any 101
evidence that could be considered in ruling on a motion for 102
summary judgment. 103
9. (1) In ruling on a motion under subsection 5 of 104
this section, the court shall dismiss with prejudi ce a cause 105
of action or part of a cause of action if: 106
(a) The moving party establishes under subsection 3 of 107
this section that this section applies; 108
(b) The responding party fails to establish under 109
subsection 4 of this section that this sec tion does not 110
apply; and 111 170
SCS HCS HB 2064 & HCS NO. 2 HB 1886
(c) Either: 112
a. The responding party fails to establish a prima 113
facie case as to each essential element of the cause of 114
action; or 115
b. The moving party establishes that: 116
(i) The responding party failed to s tate a cause of 117
action upon which relief can be granted; or 118
(ii) There is no genuine issue as to any material fact 119
and the party is entitled to judgment as a matter of law on 120
the cause of action or part of the cause of action. 121
(2) A voluntary dismissal without prejudice of a 122
responding party's cause of action, or part of a cause of 123
action, that is the subject of a motion under subsection 5 124
of this section does not affect a moving party's right to 125
obtain a ruling on the motion and seek cos ts, reasonable 126
attorney's fees, and reasonable litigation expenses under 127
subsection 12 of this section. 128
(3) A voluntary dismissal with prejudice of a 129
responding party's cause of action, or part of a cause of 130
action, that is the subject of a motio n under subsection 5 131
of this section establishes for the purpose of subsection 12 132
of this section that the moving party prevailed on the 133
motion. 134
10. The court shall rule on a motion under subsection 135
5 of this section no later than sixty days afte r the hearing 136
under subsection 7 of this section. 137
11. A moving party may appeal within twenty -one days 138
as a matter of right from an order denying, in whole or in 139
part, a motion under subsection 5 of this section. 140
12. On a motion under subsec tion 5 of this section, 141
the court shall award costs, reasonable attorney's fees, and 142
reasonable litigation expenses related to the motion: 143 171
SCS HCS HB 2064 & HCS NO. 2 HB 1886
(1) To the moving party if the moving party prevails 144
on the motion; or 145
(2) To the responding party if the responding party 146
prevails on the motion and the court finds that the motion 147
was frivolous or filed solely with intent to delay the 148
proceeding. 149
13. This section shall be broadly construed and 150
applied to protect the exercise of the right of fre edom of 151
speech and of the press, the right to assemble and petition, 152
and the right of association, guaranteed by the Constitution 153
of the United States or the Constitution of the state of 154
Missouri. 155
14. In applying and construing this section, 156
consideration shall be given to the need to promote 157
uniformity of the law with respect to its subject matter 158
among states that enact it. 159
15. This section applies to a civil action filed or 160
cause of action asserted in a civil action on or after 161
August 28, 2024. 162
559.125. 1. The clerk of the court shall keep in a 1
permanent file all applications for probation or parole by 2
the court, and shall keep in such manner as may be 3
prescribed by the court complete and full records of all 4
presentence investigations requested, probations or paroles 5
granted, revoked or terminated and all discharges from 6
probations or paroles. All court orders relating to any 7
presentence investigation requested and probation or parole 8
granted under the pro visions of this chapter and sections 9
558.011 and 558.026 shall be kept in a like manner, and, if 10
the defendant subject to any such order is subject to an 11
investigation or is under the supervision of the division of 12
probation and parole, a copy of the o rder shall be sent to 13 172
SCS HCS HB 2064 & HCS NO. 2 HB 1886
the division of probation and parole. In any county where a 14
parole board ceases to exist, the clerk of the court shall 15
preserve the records of that parole board. 16
2. Except in criminal proceedings, information and 17
data obtained by a probation or parole officer shall be 18
privileged information and shall not be receivable in any 19
court. Such information shall not be disclosed directly or 20
indirectly to anyone other than the members of a parole 21
board and the judge entitled to receive reports, except the 22
court, the division of probation and parole, or the parole 23
board may in its discretion permit the inspection of the 24
report, or parts of such report, by the defendant, or 25
offender or his or her attorney, or other person havin g a 26
proper interest therein. 27
3. The provisions of subsection 2 of this section 28
notwithstanding, the presentence investigation report shall 29
be made available to the state and all information and data 30
obtained in connection with preparation of the presentence 31
investigation report may be made available to the state at 32
the discretion of the court upon a showing that the receipt 33
of the information and data is in the best interest of the 34
state. 35
566.151. 1. A person twenty-one years of age or older 1
commits the offense of enticement of a child if he or she 2
persuades, solicits, coaxes, entices, or lures whether by 3
words, actions or through communication via the internet or 4
any electronic communication, any person who is less tha n 5
[fifteen] seventeen years of age for the purpose of engaging 6
in sexual conduct. 7
2. It is not a defense to a prosecution for a 8
violation of this section that the other person was a peace 9
officer masquerading as a minor. 10 173
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3. Enticement of a child or an attempt to commit 11
enticement of a child is a felony for which the authorized 12
term of imprisonment shall be not less than five years and 13
not more than thirty years. No person convicted under this 14
section shall be eligible for parole, probat ion, conditional 15
release, or suspended imposition or execution of sentence 16
for a period of five calendar years. 17
567.030. 1. A person commits the offense of 1
patronizing prostitution if he or she: 2
(1) Pursuant to a prior underst anding, gives something 3
of value to another person as compensation for having 4
engaged in sexual conduct with any person; or 5
(2) Gives or agrees to give something of value to 6
another person with the understanding that such person or 7
another person will engage in sexual conduct with any 8
person; or 9
(3) Solicits or requests another person to engage in 10
sexual conduct with any person in return for something of 11
value. 12
2. It shall not be a defense that the person believed 13
that the individual he or she patronized for prostitution 14
was eighteen years of age or older. 15
3. The offense of patronizing prostitution is a class 16
B misdemeanor, unless the individual who the person 17
patronizes is less than eighteen years of age but older than 18
[fourteen] fifteen years of age, in which case patronizing 19
prostitution is a class E felony. 20
4. The offense of patronizing prostitution is a class 21
[D] B felony if the individual who the person patronizes is 22
[fourteen] fifteen years of age or younger . Nothing in this 23
section shall preclude the prosecution of an individual for 24
the offenses of: 25 174
SCS HCS HB 2064 & HCS NO. 2 HB 1886
(1) Statutory rape in the first degree pursuant to 26
section 566.032; 27
(2) Statutory rape in the second degree pursuant to 28
section 566.034; 29
(3) Statutory sodomy in the first degree pursuant to 30
section 566.062; or 31
(4) Statutory sodomy in the second degree pursuant to 32
section 566.064. 33
595.045. 1. There is established in the state 1
treasury the "Crime Victims' Compensa tion Fund". A 2
surcharge of seven dollars and fifty cents shall be assessed 3
as costs in each court proceeding filed in any court in the 4
state in all criminal cases including violations of any 5
county ordinance or any violation of criminal or traffic 6
laws of the state, including an infraction and violation of 7
a municipal ordinance; except that no such fee shall be 8
collected in any proceeding in any court when the proceeding 9
or the defendant has been dismissed by the court or when 10
costs are to be paid by the state, county, or municipality. 11
A surcharge of seven dollars and fifty cents shall be 12
assessed as costs in a juvenile court proceeding in which a 13
child is found by the court to come within the applicable 14
provisions of subdivision (3) of subsec tion 1 of section 15
211.031. 16
2. Notwithstanding any other provision of law to the 17
contrary, the moneys collected by clerks of the courts 18
pursuant to the provisions of subsection 1 of this section 19
shall be collected and disbursed in accordance with sections 20
488.010 to 488.020 and shall be payable to the director of 21
the department of revenue. 22
3. The director of revenue shall deposit annually the 23
amount of two hundred fifty thousand dollars to the state 24 175
SCS HCS HB 2064 & HCS NO. 2 HB 1886
forensic laboratory account administere d by the department 25
of public safety to provide financial assistance to defray 26
expenses of crime laboratories if such analytical 27
laboratories are registered with the federal Drug 28
Enforcement Agency or the Missouri department of health and 29
senior services. Subject to appropriations made therefor, 30
such funds shall be distributed by the department of public 31
safety to the crime laboratories serving the courts of this 32
state making analysis of a controlled substance or analysis 33
of blood, breath or urine in relation to a court proceeding. 34
4. The remaining funds collected under subsection 1 of 35
this section shall be denoted to the payment of an annual 36
appropriation for the administrative and operational costs 37
of the office for victims of crime and, if a statewide 38
automated crime victim notification system is established 39
pursuant to section 650.310, to the monthly payment of 40
expenditures actually incurred in the operation of such 41
system. Additional remaining funds shall be subject to the 42
following provisions: 43
(1) On the first of every month, the director of 44
revenue or the director's designee shall determine the 45
balance of the funds in the crime victims' compensation fund 46
available to satisfy the amount of compensation payable 47
pursuant to sections 595.010 to 595.075, excluding sections 48
595.050 and 595.055; 49
(2) Beginning on September 1, 2004, and on the first 50
of each month, the director of revenue or the director's 51
designee shall deposit fifty percent of the balance of funds 52
available to the credit of the crime victims' compensation 53
fund and fifty percent to the services to victims' fund 54
established in section 595.100. 55 176
SCS HCS HB 2064 & HCS NO. 2 HB 1886
5. The director of revenue or such director's designee 56
shall at least monthly report the moneys paid pu rsuant to 57
this section into the crime victims' compensation fund and 58
the services to victims fund to the department of public 59
safety. 60
6. The moneys collected by clerks of municipal courts 61
pursuant to subsection 1 of this section shall be collecte d 62
and disbursed as provided by sections 488.010 to 488.020. 63
Five percent of such moneys shall be payable to the city 64
treasury of the city from which such funds were collected. 65
The remaining ninety -five percent of such moneys shall be 66
payable to the director of revenue. The funds received by 67
the director of revenue pursuant to this subsection shall be 68
distributed as follows: 69
(1) On the first of every month, the director of 70
revenue or the director's designee shall determine the 71
balance of the funds in the crime victims' compensation fund 72
available to satisfy the amount of compensation payable 73
pursuant to sections 595.010 to 595.075, excluding sections 74
595.050 and 595.055; 75
(2) Beginning on September 1, 2004, and on the first 76
of each month the director of revenue or the director's 77
designee shall deposit fifty percent of the balance of funds 78
available to the credit of the crime victims' compensation 79
fund and fifty percent to the services to victims' fund 80
established in section 595.10 0. 81
7. These funds shall be subject to a biennial audit by 82
the Missouri state auditor. Such audit shall include all 83
records associated with crime victims' compensation funds 84
collected, held or disbursed by any state agency. 85
8. In addition to the moneys collected pursuant to 86
subsection 1 of this section, the court shall enter a 87 177
SCS HCS HB 2064 & HCS NO. 2 HB 1886
judgment in favor of the state of Missouri, payable to the 88
crime victims' compensation fund, of sixty -eight dollars 89
upon a plea of guilty or a finding of guilt for a class A or 90
B felony; forty-six dollars upon a plea of guilty or finding 91
of guilt for a class C [or], D, or E felony; and ten dollars 92
upon a plea of guilty or a finding of guilt for any 93
misdemeanor under Missouri law except for those in chapter 94
252 relating to fish and game, chapter 302 relating to 95
drivers' and commercial drivers' license, chapter 303 96
relating to motor vehicle financial responsibility, chapter 97
304 relating to traffic regulations, chapter 306 relating to 98
watercraft regulation and l icensing, and chapter 307 99
relating to vehicle equipment regulations. Any clerk of the 100
court receiving moneys pursuant to such judgments shall 101
collect and disburse such crime victims' compensation 102
judgments in the manner provided by sections 488.010 to 103
488.020. Such funds shall be payable to the state treasury 104
and deposited to the credit of the crime victims' 105
compensation fund. 106
9. The clerk of the court processing such funds shall 107
maintain records of all dispositions described in subsection 108
1 of this section and all dispositions where a judgment has 109
been entered against a defendant in favor of the state of 110
Missouri in accordance with this section; all payments made 111
on judgments for alcohol -related traffic offenses; and any 112
judgment or portion of a judgment entered but not 113
collected. These records shall be subject to audit by the 114
state auditor. The clerk of each court transmitting such 115
funds shall report separately the amount of dollars 116
collected on judgments entered for alcohol -related traffic 117
offenses from other crime victims' compensation collections 118
or services to victims collections. 119 178
SCS HCS HB 2064 & HCS NO. 2 HB 1886
10. The department of revenue shall maintain records 120
of funds transmitted to the crime victims' compensation fund 121
by each reporting court a nd collections pursuant to 122
subsection 16 of this section and shall maintain separate 123
records of collection for alcohol -related offenses. 124
11. The state courts administrator shall include in 125
the annual report required by section 476.350 the circuit 126
court caseloads and the number of crime victims' 127
compensation judgments entered. 128
12. All awards made to injured victims under sections 129
595.010 to 595.105 and all appropriations for administration 130
of sections 595.010 to 595.105, except sections 59 5.050 and 131
595.055, shall be made from the crime victims' compensation 132
fund. Any unexpended balance remaining in the crime 133
victims' compensation fund at the end of each biennium shall 134
not be subject to the provision of section 33.080 requiring 135
the transfer of such unexpended balance to the ordinary 136
revenue fund of the state, but shall remain in the crime 137
victims' compensation fund. In the event that there are 138
insufficient funds in the crime victims' compensation fund 139
to pay all claims in full, all claims shall be paid on a pro 140
rata basis. If there are no funds in the crime victims' 141
compensation fund, then no claim shall be paid until funds 142
have again accumulated in the crime victims' compensation 143
fund. When sufficient funds become available f rom the fund, 144
awards which have not been paid shall be paid in 145
chronological order with the oldest paid first. In the 146
event an award was to be paid in installments and some 147
remaining installments have not been paid due to a lack of 148
funds, then when funds do become available that award shall 149
be paid in full. All such awards on which installments 150
remain due shall be paid in full in chronological order 151 179
SCS HCS HB 2064 & HCS NO. 2 HB 1886
before any other postdated award shall be paid. Any award 152
pursuant to this subsection is specific ally not a claim 153
against the state, if it cannot be paid due to a lack of 154
funds in the crime victims' compensation fund. 155
13. When judgment is entered against a defendant as 156
provided in this section and such sum, or any part thereof, 157
remains unpaid, there shall be withheld from any 158
disbursement, payment, benefit, compensation, salary, or 159
other transfer of money from the state of Missouri to such 160
defendant an amount equal to the unpaid amount of such 161
judgment. Such amount shall be paid forthwit h to the crime 162
victims' compensation fund and satisfaction of such judgment 163
shall be entered on the court record. Under no 164
circumstances shall the general revenue fund be used to 165
reimburse court costs or pay for such judgment. The 166
director of the department of corrections shall have the 167
authority to pay into the crime victims' compensation fund 168
from an offender's compensation or account the amount owed 169
by the offender to the crime victims' compensation fund, 170
provided that the offender has failed to pay the amount owed 171
to the fund prior to entering a correctional facility of the 172
department of corrections. 173
14. All interest earned as a result of investing funds 174
in the crime victims' compensation fund shall be paid into 175
the crime victims' co mpensation fund and not into the 176
general revenue of this state. 177
15. Any person who knowingly makes a fraudulent claim 178
or false statement in connection with any claim hereunder is 179
guilty of a class A misdemeanor. 180
16. The department may receiv e gifts and contributions 181
for the benefit of crime victims. Such gifts and 182
contributions shall be credited to the crime victims' 183 180
SCS HCS HB 2064 & HCS NO. 2 HB 1886
compensation fund as used solely for compensating victims 184
under the provisions of sections 595.010 to 595.075. 185
621.045. 1. The administrative hearing commission 1
shall conduct hearings and make findings of fact and 2
conclusions of law in those cases when, under the law, a 3
license issued by any of the following agencies may be 4
revoked or suspended or whe n the licensee may be placed on 5
probation or when an agency refuses to permit an applicant 6
to be examined upon his or her qualifications or refuses to 7
issue or renew a license of an applicant who has passed an 8
examination for licensure or who possesses the 9
qualifications for licensure without examination: 10
Missouri State Board of Accountancy 11
Missouri State Board for Architects, 12
Professional Engineers, Professional Land 13
Surveyors and Landscape Architects 14
Board of Barber Examiners 15
Board of Cosmetology 16
Board of Chiropody and Podiatry 17
Board of Chiropractic Examiners 18
Missouri Dental Board 19
Board of Embalmers and Funeral Directors 20
Board of Registration for the Healing Arts 21
Board of Nursing 22
Board of Optometry 23
Board of Pharmacy 24
Missouri Real Estate Commission 25
Missouri Veterinary Medical Board 26
Supervisor of Liquor Control 27
Department of Health and Senior Services 28
Department of Commerce and Insurance 29
Department of Mental Health 30 181
SCS HCS HB 2064 & HCS NO. 2 HB 1886
Board of Private Investigator Examiners. 31
2. If in the future there are created by law any new 32
or additional administrative agencies which have the power 33
to issue, revoke, suspend, or place on probation any 34
license, then those agencies are under the provisions of 35
this law. 36
3. The administrative hearing commission is authorized 37
to conduct hearings and make findings of fact and 38
conclusions of law in those cases brought by the Missouri 39
state board for architects, professional engineers, 40
professional land surveyors and landscape architects against 41
unlicensed persons under secti on 327.076. 42
4. The administrative hearing commission is authorized 43
to conduct hearings and make findings of fact and 44
conclusions of law in those cases brought by the division of 45
workers' compensation of the department of labor and 46
industrial relations against administrative law judges under 47
section 287.610. 48
5. Notwithstanding any other provision of this section 49
to the contrary, after August 28, 1995, in order to 50
encourage settlement of disputes between any agency 51
described in subsection 1 or 2 of this section and its 52
licensees, any such agency shall: 53
(1) Provide the licensee with a written description of 54
the specific conduct for which discipline is sought and a 55
citation to the law and rules allegedly violated, together 56
with copies of any documents which are the basis thereof and 57
the agency's initial settlement offer, or file a contested 58
case against the licensee; 59
(2) If no contested case has been filed against the 60
licensee, allow the licensee at least sixty days, from th e 61
date of mailing, to consider the agency's initial settlement 62 182
SCS HCS HB 2064 & HCS NO. 2 HB 1886
offer and to contact the agency to discuss the terms of such 63
settlement offer; 64
(3) If no contested case has been filed against the 65
licensee, advise the licensee that the licensee may, either 66
at the time the settlement agreement is signed by all 67
parties, or within fifteen days thereafter, submit the 68
agreement to the administrative hearing commission for 69
determination that the facts agreed to by the parties to the 70
settlement constitute grounds for denying or disciplining 71
the license of the licensee; and 72
(4) In any contact under this subsection by the agency 73
or its counsel with a licensee who is not represented by 74
counsel, advise the licensee that the licensee has the right 75
to consult an attorney at the licensee's own expense. 76
[5.] 6. If the licensee desires review by the 77
administrative hearing commission under subdivision (3) of 78
subsection [4] 5 of this section at any time prior to the 79
settlement becoming final, the licensee may rescind and 80
withdraw from the settlement and any admissions of fact or 81
law in the agreement shall be deemed withdrawn and not 82
admissible for any purposes under the law against the 83
licensee. Any settlement submitted to the administrative 84
hearing commission shall not be effective and final unless 85
and until findings of fact and conclusions of law are 86
entered by the administrative hearing commission that the 87
facts agreed to by the parties to the settlement constitute 88
grounds for denying or disciplining the license of the 89
licensee. 90
[6.] 7. When a holder of a license, registration, 91
permit, or certificate of authority issued by the division 92
of professional registration or a board, commission, or 93
committee of the division of profess ional registration 94 183
SCS HCS HB 2064 & HCS NO. 2 HB 1886
against whom an affirmative decision is sought has failed to 95
plead or otherwise respond in the contested case and 96
adequate notice has been given under sections 536.067 and 97
621.100 upon a properly pled writing filed to initiate the 98
contested case under this chapter or chapter 536, a default 99
decision shall be entered against the licensee without 100
further proceedings. The default decision shall grant such 101
relief as requested by the division of professional 102
registration, board, commi ttee, commission, or office in the 103
writing initiating the contested case as allowed by law. 104
Upon motion stating facts constituting a meritorious defense 105
and for good cause shown, a default decision may be set 106
aside. The motion shall be made within a reasonable time, 107
not to exceed thirty days after entry of the default 108
decision. "Good cause" includes a mistake or conduct that 109
is not intentionally or recklessly designed to impede the 110
administrative process. 111
[435.014. 1. If all the parties to a 1
dispute agree in writing to submit their dispute 2
to any forum for arbitration, conciliation or 3
mediation, then no person who serves as 4
arbitrator, conciliator or mediator, nor any 5
agent or employee of that person, shall be 6
subpoenaed or otherwise compelled to disclose 7
any matter disclosed in the process of setting 8
up or conducting the arbitration, conciliation 9
or mediation. 10
2. Arbitration, conciliation and mediation 11
proceedings shall be regarded as settlement 12
negotiations. Any communication relating to the 13
subject matter of such disputes made during the 14
resolution process by any participant, mediator, 15
conciliator, arbitrator or any other person 16
present at the dispute resolution shall be a 17
confidential communication. No admission, 18
representation, statement or other confidential 19
communication made in setting up or conducting 20 184
SCS HCS HB 2064 & HCS NO. 2 HB 1886
such proceedings not otherwise discoverable or 21
obtainable shall be admissible as evidence or 22
subject to discovery. ] 23
[469.409. 1. Any claim for breach of a 1
trustee's duty to impartially administer a trust 2
related, directly or indirectly, to an 3
adjustment made by a fiduciary to the allocation 4
between principal and income pursuant to 5
subsection 1 of section 469.405 or any 6
allocation made by the fiduciary pursuant to any 7
authority or discretion specified in subsection 8
1 of section 469.403, unless previously barred 9
by adjudication, consent or other limitation, 10
shall be barred as provided in this section. 11
(1) Any such claim brought by a qualified 12
beneficiary is barred if not asserted in a 13
judicial proceeding commenced within two years 14
after the trustee has sent a report to that 15
qualified beneficiary that adequately discloses 16
the facts constituting the claim. 17
(2) Any such claim brought by a 18
beneficiary (other than a qualified beneficiary) 19
with any interest whatsoever in the trust, no 20
matter how remote or contingent, or whether or 21
not the beneficiary is ascertainable or has the 22
capacity to contract, is ba rred if not asserted 23
in a judicial proceeding commenced within two 24
years after the first to occur of: 25
(a) The date the trustee sent a report to 26
all qualified beneficiaries that adequately 27
discloses the facts constituting the claim; or 28
(b) The date the trustee sent a report to 29
a person that represents the beneficiary under 30
the provisions of subdivision (2) of subsection 31
2 of this section. 32
2. For purposes of this section the 33
following rules shall apply: 34
(1) A report adequately discloses the 35
facts constituting a claim if it provides 36
sufficient information so that the beneficiary 37
should know of the claim or reasonably should 38
have inquired into its existence; 39 185
SCS HCS HB 2064 & HCS NO. 2 HB 1886
(2) Section 469.402 shall apply in 40
determining whether a benef iciary (including a 41
qualified beneficiary) has received notice for 42
purposes of this section; 43
(3) The determination of the identity of 44
all qualified beneficiaries shall be made on the 45
date the report is deemed to have been sent; and 46
(4) This section does not preclude an 47
action to recover for fraud or misrepresentation 48
related to the report. ] 49
[469.411. 1. (1) If the provisions of 1
this section apply to a trust, the unitrust 2
amount determined for each accounting year of 3
the trust shall be a percentage between three 4
and five percent of the average net fair market 5
value of the trust, as of the first day of the 6
trust's current accounting year. The percentage 7
applicable to a trust shall be that percentage 8
specified by the terms of the governing 9
instrument or by the election made in accordance 10
with subdivision (2) of subsection 5 of this 11
section. 12
(2) The unitrust amount for the current 13
accounting year computed pursuant to this 14
section shall be proportionately reduced for any 15
distributions, in whole or in part, other than 16
distributions of the unitrust amount, and for 17
any payments of expenses, including debts, 18
disbursements and taxes, from the trust within a 19
current accounting year that the trustee 20
determines to be material and substantial, and 21
shall be proportionately increased for the 22
receipt, other than a receipt that represents a 23
return on investment, of any additional property 24
into the trust within a current accounting year. 25
(3) For purposes of this section, the net 26
fair market values of the assets held in the 27
trust on the first business day of a prior 28
accounting quarter shall be adjusted to reflect 29
any reduction, in the case of a distribution or 30
payment, or increase, in the case of a rec eipt, 31
for the prior accounting year pursuant to 32
subdivision (1) of this subsection, as if the 33 186
SCS HCS HB 2064 & HCS NO. 2 HB 1886
distribution, payment or receipt had occurred on 34
the first day of the prior accounting year. 35
(4) In the case of a short accounting 36
period, the trustee shall prorate the unitrust 37
amount on a daily basis. 38
(5) In the case where the net fair market 39
value of an asset held in the trust has been 40
incorrectly determined in any quarter, the 41
unitrust amount shall be increased in the case 42
of an undervaluation, or be decreased in the 43
case of an overvaluation, by an amount equal to 44
the difference between the unitrust amount 45
determined based on the correct valuation of the 46
asset and the unitrust amount originally 47
determined. 48
2. As used in this sect ion, the following 49
terms mean: 50
(1) "Average net fair market value", a 51
rolling average of the fair market value of the 52
assets held in the trust on the first business 53
day of the lessor of the number of accounting 54
quarters of the trust from the dat e of inception 55
of the trust to the determination of the trust's 56
average net fair market value, or twelve 57
accounting quarters of the trust, regardless of 58
whether this section applied to the 59
ascertainment of net income for all valuation 60
quarters; 61
(2) "Current accounting year", the 62
accounting period of the trust for which the 63
unitrust amount is being determined. 64
3. In determining the average net fair 65
market value of the assets held in the trust, 66
there shall not be included the value of: 67
(1) Any residential property or any 68
tangible personal property that, as of the first 69
business day of the current valuation year, one 70
or more income beneficiaries of the trust have 71
or had the right to occupy, or have or had the 72
right to possess or control, other than in a 73
capacity as trustee, and instead the right of 74
occupancy or the right to possession or control 75
shall be deemed to be the unitrust amount with 76 187
SCS HCS HB 2064 & HCS NO. 2 HB 1886
respect to the residential property or the 77
tangible personal property; or 78
(2) Any asset specifically given to a 79
beneficiary under the terms of the trust and the 80
return on investment on that asset, which return 81
on investment shall be distributable to the 82
beneficiary. 83
4. In determining the average net fair 84
market value of the assets held in the trust 85
pursuant to subsection 1 of this section, the 86
trustee shall, not less often than annually, 87
determine the fair market value of each asset of 88
the trust that consists primarily of real 89
property or other property that is not tr aded on 90
a regular basis in an active market by appraisal 91
or other reasonable method or estimate, and that 92
determination, if made reasonably and in good 93
faith, shall be conclusive as to all persons 94
interested in the trust. Any claim based on a 95
determination made pursuant to this subsection 96
shall be barred if not asserted in a judicial 97
proceeding brought by any beneficiary with any 98
interest whatsoever in the trust within two 99
years after the trustee has sent a report to all 100
qualified beneficiaries that adequately 101
discloses the facts constituting the claim. The 102
rules set forth in subsection 2 of section 103
469.409 shall apply to the barring of claims 104
pursuant to this subsection. 105
5. This section shall apply to the 106
following trusts: 107
(1) Any trust created after August 28, 108
2001, with respect to which the terms of the 109
trust clearly manifest an intent that this 110
section apply; 111
(2) Any trust created under an instrument 112
that became irrevocable on, before, or after 113
August 28, 2001, if the trustee, in the 114
trustee's discretion, elects to have this 115
section apply unless the instrument creating the 116
trust specifically prohibits an election under 117
this subdivision. The trustee shall deliver 118
notice to all qualified beneficiaries and the 119
settlor of the trust, if he or she is then 120 188
SCS HCS HB 2064 & HCS NO. 2 HB 1886
living, of the trustee's intent to make such an 121
election at least sixty days before making that 122
election. The trustee shall have sole authority 123
to make the election. Section 469.402 shall 124
apply for all purposes of this subdivision. An 125
action or order by any court shall not be 126
required. The election shall be made by a 127
signed writing delivered to the settlor of the 128
trust, if he or she is then living, and to all 129
qualified beneficiaries. The election is 130
irrevocable, unless revoked by order of the 131
court having jurisdiction of the trust. The 132
election may specify the percentage used to 133
determine the unitrust amount pursuant to this 134
section, provided that such percentage is 135
between three and five percen t, or if no 136
percentage is specified, then that percentage 137
shall be three percent. In making an election 138
pursuant to this subsection, the trustee shall 139
be subject to the same limitations and 140
conditions as apply to an adjustment between 141
income and principal pursuant to subsections 3 142
and 4 of section 469.405; and 143
(3) No action of any kind based on an 144
election made by a trustee pursuant to 145
subdivision (2) of this subsection shall be 146
brought against the trustee by any beneficiary 147
of that trust three years from the effective 148
date of that election. 149
6. (1) Once the provisions of this 150
section become applicable to a trust, the net 151
income of the trust shall be the unitrust amount. 152
(2) Unless otherwise provided by the 153
governing instrument, the unitrust amount 154
distributed each year shall be paid from the 155
following sources for that year up to the full 156
value of the unitrust amount in the following 157
order: 158
(a) Net income as determined if the trust 159
were not a unitrust; 160
(b) Other ordinary income as determined 161
for federal income tax purposes; 162 189
SCS HCS HB 2064 & HCS NO. 2 HB 1886
(c) Assets of the trust principal for 163
which there is a readily available market value; 164
and 165
(d) Other trust principal. 166
(3) Additionally, the trustee may allocate 167
to trust income for each taxable year of the 168
trust, or portion thereof: 169
(a) Net short-term capital gain described 170
in the Internal Revenue Code, 26 U.S.C. Section 171
1222(5), for such year, or portion thereof, but 172
only to the extent that the amount so allo cated 173
together with all other amounts to trust income, 174
as determined under the provisions of this 175
chapter without regard to this section, for such 176
year, or portion thereof, does not exceed the 177
unitrust amount for such year, or portion 178
thereof; 179
(b) Net long-term capital gain described 180
in the Internal Revenue Code, 26 U.S.C. Section 181
1222(7), for such year, or portion thereof, but 182
only to the extent that the amount so allocated 183
together with all other amounts, including 184
amounts described in pa ragraph (a) of this 185
subdivision, allocated to trust income for such 186
year, or portion thereof, does not exceed the 187
unitrust amount for such year, or portion 188
thereof. 189
7. A trust with respect to which this 190
section applies on August 28, 2011, may 191
calculate the unitrust amount in accordance with 192
the provisions of this section, as it existed 193
either before or after such date, as the trustee 194
of such trust shall determine in a writing kept 195
with the records of the trust in the trustee's 196
discretion.] 197
[469.461. 1. A fiduciary may make 1
adjustments between principal and income to 2
offset the shifting of economic interests or tax 3
benefits between income beneficiaries and 4
remainder beneficiaries which arise from: 5
(1) Elections and decisions, other than 6
those described in subsection 2 of this section, 7 190
SCS HCS HB 2064 & HCS NO. 2 HB 1886
that the fiduciary makes from time to time 8
regarding tax matters; 9
(2) An income tax or any other tax that is 10
imposed upon the fiduciary or a beneficiary as a 11
result of a transaction involving or a 12
distribution from the estate or trust; or 13
(3) The ownership by an estate or trust of 14
an interest in an entity whose taxable income, 15
whether or not distributed, is includable in the 16
taxable income of the estate, trust o r a 17
beneficiary. 18
2. If the amount of an estate tax marital 19
deduction or charitable contribution deduction 20
is reduced because a fiduciary deducts an amount 21
paid from principal for income tax purposes 22
instead of deducting it for estate tax purpose s, 23
and as a result estate taxes paid from principal 24
are increased and income taxes paid by an 25
estate, trust or beneficiary are decreased, each 26
estate, trust or beneficiary that benefits from 27
the decrease in income tax shall reimburse the 28
principal from which the increase in estate tax 29
is paid. The total reimbursement shall equal 30
the increase in the estate tax to the extent 31
that the principal used to pay the increase 32
would have qualified for a marital deduction or 33
charitable contribution deductio n but for the 34
payment. The proportionate share of the 35
reimbursement for each estate, trust or 36
beneficiary whose income taxes are reduced shall 37
be the same as its proportionate share of the 38
total decrease in income tax. An estate or 39
trust shall reimburse principal from income. ] 40
[537.528. 1. Any action against a person 1
for conduct or speech undertaken or made in 2
connection with a public hearing or public 3
meeting, in a quasi-judicial proceeding before a 4
tribunal or decision -making body of the state or 5
any political subdivision of the state is 6
subject to a special motion to dismiss, motion 7
for judgment on the pleadings, or motion for 8
summary judgment that shall be considered by the 9
court on a priority or expedited basis to e nsure 10 191
SCS HCS HB 2064 & HCS NO. 2 HB 1886
the early consideration of the issues raised by 11
the motion and to prevent the unnecessary 12
expense of litigation. Upon the filing of any 13
special motion described in this subsection, all 14
discovery shall be suspended pending a decision 15
on the motion by the court and the exhaustion of 16
all appeals regarding the special motion. 17
2. If the rights afforded by this section 18
are raised as an affirmative defense and if a 19
court grants a motion to dismiss, a motion for 20
judgment on the pleadings or a motion for 21
summary judgment filed within ninety days of the 22
filing of the moving party's answer, the court 23
shall award reasonable attorney fees and costs 24
incurred by the moving party in defending the 25
action. If the court finds that a special 26
motion to dismiss or motion for summary judgment 27
is frivolous or solely intended to cause 28
unnecessary delay, the court shall award costs 29
and reasonable attorney fees to the party 30
prevailing on the motion. 31
3. Any party shall have the right to an 32
expedited appeal from a trial court order on the 33
special motions described in subsection 2 of 34
this section or from a trial court's failure to 35
rule on the motion on an expedited basis. 36
4. As used in this section, a "public 37
meeting in a quasi-judicial proceeding" means 38
and includes any meeting established and held by 39
a state or local governmental entity, including 40
without limitations meetings or presentations 41
before state, county, city, town or village 42
councils, planning commissions, review boards or 43
commissions. 44
5. Nothing in this section limits or 45
prohibits the exercise of a right or remedy of a 46
party granted pursuant to another 47
constitutional, statutory, common law or 48
administrative provision, including civil 49
actions for defamation. 50
6. If any provision of this section or the 51
application of any provision of this section to 52
a person or circumstance is held invalid, the 53
invalidity shall not affect other provisions or 54 192
SCS HCS HB 2064 & HCS NO. 2 HB 1886
applications of this section that can be given 55
effect without the invalid provision or 56
application, and to this end the provisions of 57
this section are severable. 58
7. The provisions of this section shall 59
apply to all causes of actions. ] 60