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.
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.