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2014 SESSION

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HB 1196 Clerks offices; recordation, possession of child pornography, wills, etc.

Introduced by: Benjamin L. Cline | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED HOUSE:

Clerks offices; recordation; possession of child pornography; when security is required. Makes various changes to laws relating to clerks of court, including (i) providing that the orders making up each day's proceedings that have been recorded in the order book shall be deemed the official records; (ii) providing that clerks may possess evidence of child pornography in the course of their duties; (iii) requiring clerks to receive and maintain control over evidence at the time it is admitted; (iv) allowing the secretary of a firefighting company to appoint a designee for the purpose of filing membership lists with the clerk; (v) removing the requirement in the Uniform Federal Lien Registration Act that a filing officer endorse on the notice of a federal lien the title and address of the official or entity certifying the lien; and (vi) providing that the clerk may make a motion to require a personal representative to furnish security.

SUMMARY AS INTRODUCED:

Clerks offices; recordation; possession of child pornography; wills; when security is required; written notice of probate. Provides that the secretary of an organized fire-fighting company may designate duties to another individual to include filing documentation with the circuit court. The bill also removes the requirement in the Uniform Federal Lien Registration Act that a filing officer endorse on the notice of a federal lien the title and address of the official or entity certifying the lien.

The bill also provides that clerks may possess evidence of child pornography in the course of their duties provided such possession is for a bona fide medical, scientific, governmental, law-enforcement, or judicial purpose. The bill also provides that clerks shall receive evidence at the time of admission and shall maintain control until the evidence is transferred on appeal, or destroyed or returned in accordance with law.

The bill also provides that the recorded orders of each day's circuit court proceedings shall be deemed to satisfy the requirements for official records when the judge's signature is shown in the order, the judge's signature is shown in the order book, or an order is recorded in the order book on the last day of each term showing the signature of each judge presiding during the term.

The bill also provides that upon motion of a legatee, devisee, or distributee of an estate, or any person who has a pecuniary interest in an estate, the clerk may require that the decedent's personal representative furnish security and raises from $5,000 to $15,000 the threshold value of the assets of an estate below which a personal representative is not required to provide notices to certain heirs and beneficiaries.