Pending Legislation that Might Impact Your Chancery Practice

January 24, 2018 § 3 Comments

Every year the judges receive updates from the Administrative Office of Courts (AOC) of pending litigation that could affect the judiciary. This year’s first roll-out consists of 49 pages. That may not be a record, but it impresses me as more than usual.

Here is a list of introduced bills that I believe may affect chancery court, based solely on the descriptive statement in the material provided to us. I have not read these bills because many of them will fall by the wayside as the session rumbles along. Some may not even pertain to chancery.

You can access links to the texts of these bills at this link.

HB 132       Adverse possession cases; require losing party to pay court costs and attorney’s fees.

HB 238       Mineral interests; revert to surface owner after certain period of time.

HB 270       PERS; no benefits to retiree while serving as consultant or advisor to state. (Will this affect Senior Judges?)

HB 277       Power of attorney; authorize to become effective upon a future event.

HB 282       Child support arrearage; require electronic house arrest as punishment for contempt.

HB 419       Mental Health Courts; authorize to be established throughout the state.

HB 434       Authorize AOC to fund mental health courts

HB 471       Create task force to address the disparity of African-American males in the judicial system.

HB 528       Uniform Partition of Heir Property Act.

HB 546       Require possessor to notify chancery clerk before title vests by adverse possession.

HB 548       Revise Landlord-tenant law re non-payment of rent.

HB 549       Authorize cemeteries to acquire a convenient right-of-way for relatives.

HB 550       Authorize jointly-owned real property to be sold by a realtor.

HB 554       Require chancery clerks to maintain a will registry.

HB 579       Require chance for borrowers to modify loans before foreclosure.

HB 606       Previously-married applicant must provide divorce or annulment judgment for marriage license.

HB 609       Contracts must be written in large print.

HB 632       Courts prohibited from requiring identification.

HB 648       Chancery court may commit certain persons to a mental facility.

HB 671       Arbitration clauses nonbinding in certain contracts.

HB 674       Chancery clerk to remove SSN from deeds.

HB 681       Revise home study and residence requirements in adoptions.

HB 692       Abolish the tort of alienation of affection.

HB 762       Allow opt-out of arbitration in certain consumer cases.

HB 777       Revise certain evidentiary standards.

HB 797       Increase value of homestead exemption.

HB 801       Allow emergency placement of children in home of relative.

HB 810       Clarify service of process on in-state charities (Statutory revision of MRCP 4?)

HB 908       Revise appeals from domestic abuse protection orders (DAPO’s).

HB 913       Add a chancellor to the Third District.

HB 930       Require continued grandparent visitation rights when visitation unreasonably withheld.

HB 962       Revise requirements to file petition for grandparent visitation rights.

HB 1002     Repeal adverse possession.

HB 1022     Require recorded instruments to be in English.

HB 1081     Clarify venue for nonresident corporations.

HB 1084     Terminate parental rights for children conceived of rape.

HB 1090     Revise deadline for recording deed when deadline occurs on a weekend.

HB 1092     Restrict certain technologies from accessing personal communications and information.

HB 1151     Revise withholding and payment of child support.

HB 1169     Define personal property.

HB 1170     Authorize chancery court to award sibling visitation.

HB 1186     Owner of separate, nonproducing mineral interest liable for portion of ad valorem taxes.

HB 1218     Civil actions against real estate appraisers are barred.

HB 1231     Establish fundamental right to direct upbringing of children (parental rights).

HB 1237     Suspend child support obligation during incarceration.

HB 1245     Court may assess costs against dismissed party.

HB 1281     Same as HB 1084

HB 1287     Revise grounds for TPR.

HB 1291     Limitations on imprisonment for contempt for non-payment of child support.

HB 1292     Authorize debtor’s prison for non-payment of fines, fees, and assessments.

HB 1293     Revise power of attorney delegating care and custody of children.

HB 1296     Additional chancellor for the Tenth District.

HB 1300     Director may not withhold admittance of patient with mental commitment order.

HB 1308     Power of attorney exception for certain designation of spouses.

HB 1320     Revise fees for successful paternity action.

HB 1340     Add separation as 13th ground for divorce.

HB 1410     Revise factors for award of child support.

HB 1440     Require DHS recipients who receive child support to provide list of expenses.

HB 1446     Make child advocacy center information confidential.

HB 1465     Establish domestic abuse court program.

SB 2044     Expand authority of Chief Justice to appoint special judges.

SB 2067     Failure to pay GAL fees enforced as any other civil debt.

SB 2232     Allow protection of pets in a DAPO.

SB 2246     Revise landlord-tenant law.

SB 2317     Retired judges may perform marriages and obtain a free pistol license.

SB 2347     Court may order disbursement of ward’s funds under certain circumstances.

SB 2348     Court may waive annual accounting in guardianships under certain circumstances.

SB 2392     Same as HB 471.

SB 2423     Clarify right of parent to nominate GAL in a TPR case and clarify the fictive kin disposition alternative.

SB 2473     Revise the landlord-tenant act to give more protection to landlords.

SB 2493     Establish the State Truth Commission.

SB 2508     Revise definition of personal property.

SB 2522     Revise guidelines for child support.

SB 2542     Allow chancellors to increase child support based on financial ability of parties.

SB 2544     Expand authority of Chief Justice to appoint special judges.

SB 2557     Revise age of majority.

SB 2617     Create civil and criminal liability for unlawful disclosure or promotion of “intimate visual material.”

SB 2620     Bona fide separation as ground for divorce.

SB 2657     Same as HB 548.

SB 2662     Statute of limitations for actions re real estate appraisals.

SB 2682     Require birth certificates to show biological parent as well as spouse.

SB 2685     Prohibit noncompete clauses in physician contracts.

SB 2765     Allow third-party visitation in certain circumstances.

SB 2782     Revise parties entitled to notice in muniment of title.

SB 2802     Prohibit application of foreign law in courts.

SB 2809     Allow administrative suspension of child support for incarceration longer than 180 days.

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