House Amendment

HCS/SB 455 – This act modifies provisions relating to higher education.

The Coordinating Board will require all public two-year and four-year higher education institutions to replicate best practices in remediation, as described in the act. (Section 173.005)

The Coordinating Board will also require all public two-year and four-year higher education institutions, by July 1, 2014, to create a statewide core transfer library of at least twenty-five lower division courses across all institutions that are transferable among all public higher education institutions. (Section 173.005)

The Coordinating Board must develop a policy to foster reverse transfer for students who have accumulated enough hours in combination with public higher education institution in Missouri that offers an associate degree and four-year institutions to be awarded an associate degree. (Section 173.005)

The Department of Elementary and Secondary Education must maintain the alignment of the statewide assessments for entry-level courses in English, mathematics, foreign language, sciences, and social sciences associated with an institution's general education core with the existing competencies. (Section 173.005)

The Coordinating Board may charge and collect fees from out-of-state public institutions to cover the costs of reviewing and assuring the quality of programs offered by out-of-state public institutions. (Section 173.005)

The annual report that the Coordinating Board submits prior to the start of the legislative session must include the campus-level data on student persistence and a description of progress towards implementing revised remediation, transfer, and retention practices. (Section 173.040)

Current law requires each proprietary school to annually apply to the Coordinating Board for Higher Education for a certificate of approval. This act allows a proprietary school in continuous operation for no less than five years to be able to apply for certification valid for two years. (Section 173.606)

This act modifies the fees for a certificate of approval. The base annual fee is set at $.0013 per one dollar of net tuition and fees income with a maximum of five thousand dollars and a minimum of five hundred dollars per school. For a school having a certificate of approval for the sole purpose of recruiting Missouri students, the fee will be five hundred dollars plus the amount produced by the foundation calculation, with a maximum of five thousand dollars. The Coordinating Board may increase the base annual fee every five years, beginning in fiscal year 2013 by administrative rule based on the consumer price index. The Coordinating Board may also establish additional appropriate fees if necessary to generate funding sufficient to cover the entirety of costs associated with the operation of the certification program. (Section 173.608)

Currently, the Coordinating Board may require each proprietary school to file a security bond. This act increases the maximum amount of the security bond from twenty-five thousand dollars to one hundred thousand dollars. This act also limits the Coordinating Board's collection of data from proprietary schools to that which is necessary for the administration, supervision, and enforcement of the proprietary school laws. The Department of Higher Education must establish a system to electronically submit all data. Also, the Department of Higher Education must review new programs within ninety days of a proprietary school's submission of such program and must review a revised program submission within sixty days. If the Department fails to review the program within the established timeframe, the proprietary school may offer the program until the review is completed. If the Department finds an issue that needs correction, it must give the school ninety days' notice and allow for correction. (Section 173.612)

The members of the Proprietary School Advisory Committee will be appointed by the Commissioner of Higher Education, instead of the Coordinating Board. Also, members of the committee must be owners or managerial employees of proprietary schools. At least three members of the committee must represent schools that confer a degree and at least one of the three must represent a school that confers a baccalaureate degree or higher. (Section 173.614)

This act allows the Department of Higher Education to take action against any violation of the proprietary school laws that is authorized in section 407.020, relating to unlawful merchandising practices. (Section 173.618)

This act is identical to SCS/HCS/HB 1042 (2012) and contains provisions identical to HCS/HB 1722(2012).

MICHAEL RUFF

HA 1: THIS AMENDMENT AUTHORIZES AN INCOME TAX CREDIT FOR THE ELIGIBLE COSTS OF BRINGING A SPORTING EVENT TO THE STATE. THE DEPARTMENT OF ECONOMIC DEVELOPMENT MUST CERTIFY THE APPLICANT'S SPORTING EVENT SUPPORT CONTRACT BETWEEN THE APPLICANT AND A SITE SELECTION ORGANIZATION, AS DESCRIBED IN THE AMENDMENT. THE APPLICANT MUST SUBMIT DOCUMENTATION OF THE ELIGIBLE COSTS WITHIN THIRTY DAYS OF THE CONCLUSION OF THE SPORTING EVENT. WITHIN SEVEN DAYS OF THE CONCLUSION OF THE EVENT, THE DEPARTMENT MUST DETERMINE THE TOTAL NUMBER OF TICKETS SOLD. WITHIN SIXTY DAYS OF RECEIVING THE DOCUMENTATION, THE DEPARTMENT MUST ISSUE A REFUNDABLE TAX CREDIT EQUAL TO ONE HUNDRED PERCENT OF THE ELIGIBLE COSTS, OR AN AMOUNT EQUAL TO $5 MULTIPLIED BY THE AVERAGE NUMBER OF PAID PARTICIPANTS, MULTIPLIED BY THE NUMBER OF DAYS FROM THE FIRST TO THE LAST DAY OF THE EVENT, WHICHEVER IS LESS. THE TAX CREDIT MAY BE TRANSFERRED, SOLD, OR ASSIGNED. NO MORE THAN $10 MILLION OF CREDITS CAN BE ISSUED IN ANY FISCAL YEAR. IN ANY FISCAL YEAR, NO MORE THAN $8 MILLION IN TAX CREDITS CAN BE AVAILABLE TO ALL APPLICANTS THAT SUBMIT SUPPORT CONTRACTS FOR SPORTING EVENTS TO BE HELD IN ST. LOUIS CITY OR JACKSON COUNTY. THE DEPARTMENT CAN ONLY CERTIFY A SUPPORT CONTRACT FOR A SPORTING EVENT IN WHICH THE LOCATION IS SELECTED AFTER AUGUST 28, 2012. THE DEPARTMENT CANNOT CERTIFY A CONTRACT AFTER AUGUST 28, 2018, BUT CAN CERTIFY A CONTRACT BEFORE THAT DATE FOR A SPORTING EVENT THAT WILL BE HELD AFTER THAT DATE.

THIS AMENDMENT ALSO AUTHORIZES AN INCOME TAX CREDIT EQUAL TO FIFTY PERCENT OF ANY ELIGIBLE DONATION TO A CERTIFIED SPONSOR OR LOCAL ORGANIZING COMMITTEE. THE CREDIT IS NOT REFUNDABLE BUT CAN BE CARRIED FORWARD UP TO FOUR YEARS OR SOLD. NO MORE THAN $10 MILLION OF THESE TAX CREDITS CAN BE ISSUED BY THE DEPARTMENT IN ANY FISCAL YEAR.

THIS AMENDMENT ALSO CHANGES THE TITLE OF THE BILL TO "RELATING TO HIGHER EDUCATION."

THIS AMENDMENT IS SUBSTANTIALLY SIMILAR TO HB 1245 (2012).

HA 2: THIS AMENDMENT MAKES TWO TECHNICAL CORRECTIONS TO THE HOUSE COMMITTEE SUBSTITUTE. IT CHANGES A USE OF THE WORD "MUST" TO THE WORD "SHALL" AND CORRECTS AN INTERSECTIONAL REFERENCE.

HA 3: THIS AMENDMENT ESTABLISHES THE MISSOURI JOBS FOR EDUCATION PROGRAM TO PROVIDE A TUITION CREDIT FOR CERTAIN BUSINESS OWNERS AND COMPANIES WHO CREATE NEW FULL-TIME JOBS IN MISSOURI THAT CAN BE USED BY A BUSINESS OWNER OR A PERSON OF HIS OR HER CHOICE TOWARD TUITION AT ANY PUBLIC INSTITUTION OF HIGHER EDUCATION. A QUALIFYING BUSINESS OWNER OR COMPANY WILL RECEIVE ONE CREDIT TOWARD TUITION FOR EVERY QUALIFYING JOB CREATED. THE CREDIT MUST BE USED WITHIN TEN YEARS OF THE DATE IT IS AWARDED OR IT WILL BE DEPOSITED INTO THE GENERAL REVENUE FUND. THE DEPARTMENT OF ECONOMIC DEVELOPMENT MUST ADMINISTER THE PROGRAM, WHICH WILL BE FUNDED FROM EMPLOYEE WITHHOLDING TAXES. THE DEPARTMENT MUST TRACK EMPLOYER CONTRIBUTIONS AND ENSURE THAT THE CREDIT TOWARD TUITION DOES NOT EXCEED THE AMOUNT THAT HAS BEEN DEPOSITED BY THE EMPLOYER.

THIS AMENDMENT IS IDENTICAL TO A PROVISION CONTAINED IN HB 1245 (2012).

HA 4: CURRENTLY, SIX OF THE NINE MEMBERS' TERMS OF THE MISSOURI STATE UNIVERSITY BOARD OF GOVERNORS EXPIRE IN 2011. HOWEVER, CURRENT LAW ALSO REQUIRES THAT NO MORE THAN THREE TERMS EXPIRE IN ANY GIVEN YEAR AND DOES NOT PROVIDE A MECHANISM TO MODIFY TERM LENGTHS TO ACCOMMODATE THE TIMING OF THE TERM EXPIRATION. THIS AMENDMENT MODIFIES THE TERM LENGTHS FOR THE APPOINTMENTS TO FILL THE SIX TERMS THAT EXPIRED IN 2011 SO THAT NO MORE THAN THREE OF THE NINE BOARD MEMBERS' TERMS WILL EXPIRE IN ANY GIVEN YEAR. THIS AMENDMENT WOULD ALLOW THREE MEMBERS' TERMS TO EXPIRE ON JANUARY 1, 2013, THREE MEMBERS' TERMS TO EXPIRE ON JANUARY 1, 2015, AND THREE MEMBERS' TERMS TO EXPIRE ON JANUARY 1, 2017.

THIS AMENDMENT IS IDENTICAL TO SCS/SB 563 (2012).

HA 5: THIS AMENDMENT CORRECTS THE NAME OF THE ORGANIZATION NAMED IN THE COMPACT FOR EDUCATION SO THAT IT IS CORRECTLY REFERRED TO AS THE "EDUCATION COMMISSION OF THE STATES" INSTEAD OF AS THE "EDUCATIONAL COMMISSION OF THE STATES."

THIS AMENDMENT IS IDENTICAL TO HB 1201 (2012).

HA 6: THIS AMENDMENT REQUIRES THE COMMISSIONER OF EDUCATION TO ESTABLISH A PROCESS BY WHICH ANY STUDENT ENROLLED IN A HIGH SCHOOL IN AN UNACCREDITED DISTRICT TO APPLY FOR AN RECEIVE A+ REIMBURSEMENTS, PROVIDED HE OR SHE OTHERWISE QUALIFIES FOR REIMBURSEMENTS.

HA 7: CURRENT LAW PROVIDES THAT THE TITLE OF ALL SCHOOLHOUSE SITES AND OTHER SCHOOL PROPERTY IS VESTED IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THIS AMENDMENT MAKES AN EXCEPTION FOR COMMUNITY COLLEGE DISTRICTS AND PROVIDES THAT NOTHING WILL BE CONSTRUED TO IMPAIR THE DUTY AND AUTHORITY OF THE COORDINATING BOARD FOR HIGHER EDUCATION TO APPROVE ACADEMIC PROGRAMS.

HA 1 TO HA 7: THIS AMENDMENT PROHIBITS ANY PUBLIC INSTITUTION OF HIGHER EDUCATION, POLITICAL SUBDIVISION, QUASI-GOVERNMENTAL ENTITY, OR GOVERNMENTAL ENTITY FROM OPERATING THE SUE SHEAR INSTITUTE FOR WOMEN IN PUBLIC LIFE, ANY SUCCESSOR ENTITY TO IT, OR USE UTILIZE PUBLIC FUNDS FOR ANY OTHER INSTITUTE THAT ENGAGES IN POLITICAL ACTIVITY. ANY TAXPAYER OF THIS STATE OR MEMBER OF THE GENERAL ASSEMBLY WILL HAVE STANDING TO BRING SUIT AGAINST ANY GOVERNMENTAL OR QUASI-GOVERNMENTAL ENTITY IN VIOLATION OF THIS PROVISION.


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