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Legislative Updates

Commercial Receivership Bill Introduced to Missouri Senate

On January 12, 2015, the Missouri Commercial Receivership Act was introduced to the Missouri Senate as SB 216.

Missouri Changes Garnishment Fee

Missouri recently amended Mo. Rev. Stat. §525.230 to allow for higher fees to be charged by financial institutions in processing garnishment orders. Previously, the statute allowed a financial institution to charge a fee equal to the greater of $8 or 2% of the amount to be garnished, for the trouble and expense of processing the garnishment and paying over any garnished funds to the court.

Changes to Kansas Concealed Carry Statutes

Kansas recently enacted amendments to the state’s concealed carry statutes, the Personal and Family Protection Act (the “Act”). These changes, contained in HB 2052, are relevant to all public and private entities, including banks. The Act allows businesses to post signs indicating that concealed weapons are not allowed on their premises. Previously, however, the Act did not speak to the potential implications of posting such signs. Now, as a result of the amendments in HB 2052, there is more clarity as to the impact such signage may have on business-owner liability for incidents related to concealed weapons.

Updates to the Colorado Certificate of Title Law

Colorado amended its certificate of title statute to add “off-highway vehicles” to the and allow for the creation of an electronic titling system.

Governor Signs Bill Amending Missouri No-Oral-Credit-Agreement Statute

Prior Alerts have outlined the history of the Missouri No-Oral-Credit-Agreement Statute, originally §432.045, R.S.Mo.  After being amended in 2004 by §432.047 to overrule a limiting appellate opinion, the Missouri Court of Appeals, Eastern District, held that it was effective to negate all claims and defenses based upon any allegations or oral promises including those based on fraud or any other equitable doctrine.

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