NEW LEGISLATION THAT MAY AFFECT YOUR CHANCERY PRACTICE

June 25, 2010 § 6 Comments

A number of bills passed in the 2010 Regular Session of the Legislature that you may find will have some effect on your practice in Chancery Court.  Below is a bulleted list with a brief description of the pertinent portions of each bill.  You can read the full text of the bills here.  Thanks to Steve Horne, Representative in District 81 for providing me with the summaries.  I will provide more detailed summaries of some of the bills in later posts.

All laws are effective July 1, 2010, unless noted otherwise.

  • HB 277.  Statutory method for renewing a judgment.
  • HB 704.  DHS may obtain income tax and sales tax information without a subpoena for individuals who are delinquent in child support payments. 
  • HB 886.  Prohibits a deed restriction or other covenant running with the land that requires a transferee or his heirs, successors or assigns to pay a property transfer fee, and any such provision is void and unenforceable.  The prohibition does not apply to certain property owners’ associations.
  • HB 1400.  Increases from $10,000 to $20,000 the amount of money or value of property that may be transferred to a ward without a guardianship, in the discretion of the Chancellor.
  • SB 2413.  Amends § 93-5-34, MCA, to clarify custody and visitation procedures when a parent receives military orders for temporary duty, deployment or mobilization.
  • SB 2929.  Youth Court has exclusive jurisdiction over delinquent acts committed by a child until the child’s 18th birthday.  Circuit Court may assume jurisdiction when transferred to it from Youth Court.
  • SB 2800.  Remedies of lien laws available to suppliers and construction contractors are made available on the same basis to rental and lease equipment suppliers.
  • HB 1479, effective July 1, 2011.  The name of Oakley Training School is changed to Oakley Youth Development Center.
  • HB 1049 and 1525.  Makes many changes in the mental commitment law.  The changes are too numerous to list here, and they will be detailed in a subsequent post.   

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