HOUSE BILL NO. 3116 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE PARKER.
6586H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal sections 506.290, 510.030, and 515.625, RSMo, and to enact in lieu thereof three new sections relating to civil jurisprudence.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 506.290, 510.030, and 515.625, RSMo, are repealed and three 2 new sections enacted in lieu thereof, to be known as sections 506.290, 510.030, and 515.625, 3 to read as follows: 506.290. 1. Any suit under the provisions of sections 506.200 to [506.320] 506.310 2 shall be filed in the county in which the cause of action accrues or in the county where the 3 plaintiff resides, and if there be other defendants in such action who are residents of the state 4 of Missouri, then such action shall be brought in any county in which any one of said 5 defendants resides, or in the county within which the plaintiff resides and the defendant may 6 be found. 7 2. Any civil suit under the provisions of section 570.223 for a person charged with 8 identity theft may be filed: 9 (1) In the county in which the offense is committed; 10 (2) If the offense is committed partly in one county and partly in another, or if the 11 elements of the offense occur in more than one county, then in any of the counties where any 12 element of the offense occurred; 13 (3) In the county in which the defendant resides; 14 (4) In the county in which the victim resides; or 15 (5) In the county in which the property obtained or attempted to be obtained was 16 located.
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 3116 2
510.030. 1. Upon motion of any party showing good cause therefor and upon notice 2 to all other parties, the court in which an action is pending may: 3 (1) Order any party to produce and permit the inspection and copying or 4 photographing, by or on behalf of the moving party, of any designated documents, papers, 5 books, accounts, letters, photographs, objects, or tangible things, not privileged, which 6 constitute or contain evidence material to any matter involved in the action and which are in 7 his or her possession, custody, or control; or 8 (2) Order any party to permit entry upon designated land or other property in his or 9 her possession or control for the purpose of inspecting, measuring, surveying, sampling, or 10 photographing the property or any designated relevant object or operation thereon. The order 11 shall specify the time, place, and manner of making the inspection and taking the copies and 12 photographs and may prescribe such terms and conditions as are just. 13 2. A party may obtain without the required showing a statement concerning the action 14 or its subject matter previously made by that party. For purposes of this subsection, a 15 statement previously made is a written statement signed or otherwise adopted or approved by 16 the person making it, or a stenographic, mechanical, electrical, audio, video, motion picture or 17 other recording, or a transcription thereof, of the party or of a statement made by the party and 18 contemporaneously recorded. 515.625. 1. Claims not disallowed by the court shall receive distribution under 2 sections 515.500 to 515.665 in the order of priority under subdivisions (1) to (8) of this 3 subsection and, with the exception of subdivisions (1) to (3) of this subsection, on a pro rata 4 basis: 5 (1) Any secured creditor that is duly perfected under applicable law, whether or not 6 such secured creditor has filed a proof of claim, shall receive the proceeds from the 7 disposition of the estate property that secures its claim. However, the receiver may recover 8 from estate property secured by a lien or the proceeds thereof the reasonable, necessary 9 expenses of preserving, protecting, or disposing of the estate property to the extent of any 10 benefit to a duly perfected secured creditor. If and to the extent that the proceeds are less than 11 the amount of a duly perfected secured creditor's claim or a duly perfected secured creditor's 12 lien is avoided on any basis, the duly perfected secured creditor's claim is an unsecured claim 13 under subdivision (8) of this subsection. Duly perfected secured claims shall be paid from the 14 proceeds in accordance with their respective priorities under otherwise applicable law; 15 (2) Actual, necessary costs, and expenses incurred during the administration of the 16 receivership, other than those expenses allowable under subdivision (1) of this subsection, 17 including allowed fees and reimbursement of reasonable charges and expenses of the receiver 18 and professional persons employed by the receiver. Notwithstanding subdivision (1) of this 19 subsection, expenses incurred during the administration of the estate have priority over the HB 3116 3
20 secured claim of any secured creditor obtaining or consenting to the appointment of the 21 receiver; 22 (3) A secured creditor that is not duly perfected under applicable law shall receive the 23 proceeds from the disposition of the estate property that secures its claim if and to the extent 24 that unsecured claims are made subject to those liens under applicable law; 25 (4) Claims for wages, salaries, or commissions, including vacation, severance, and 26 sick leave pay, or contributions to an employee benefit plan earned by the claimant within one 27 hundred eighty days of the date of appointment of the receiver or the cessation of any 28 business relating to the receivership, whichever occurs first, but only to the extent of ten 29 thousand nine hundred fifty dollars; 30 (5) Unsecured claims, to the extent of two thousand four hundred twenty-five dollars 31 for each natural person, arising from the deposit with the person debtor before the date of 32 appointment of the receiver of money in connection with the purchase, lease, or rental of 33 estate property or the purchase of services for personal, family, or household use that were not 34 delivered or provided; 35 (6) Claims for a marital, family, or other support debt, but not to the extent that the 36 debt is assigned to another person, voluntarily, by operation of law, or otherwise; or includes 37 a liability designated as a support obligation unless that liability is actually in the nature of a 38 support obligation; 39 (7) Unsecured claims of governmental units for taxes which accrued prior to the date 40 of appointment of the receiver; 41 (8) Other unsecured claims. 42 2. If all of the classes under subsection 1 of this section have been paid in full, any 43 residue shall be paid to the debtor. ✔
Statutes affected: