Missouri Senate

House Amendment

Members of the armed forces with health-related professional licenses or certificates that are in good standing when entering active duty will remain in good standing while on active duty. Renewal of these licenses or certificates while the member is on active duty shall occur without the payment of dues. Continuing education will also not be required if certain requirements are met.

Service as a member of the armed forces, if satisfactory to the licensing board, may be applied towards qualifications to receive a license or certificate from a professional licensing board.

JESSICA BAKER

HA 1 - THIS AMENDMENT ESTABLISHES THE CHILD CUSTODY AND VISITATION RIGHTS OF A DEPLOYING MILITARY PARENT. A DEPLOYING PARENT IS A MILITARY PARENT WHO HAS RECEIVED WRITTEN ORDERS TO DEPLOY WITH THE UNITED STATES ARMY, NAVY, AIR FORCE, MARINE CORPS, COAST GUARD, NATIONAL GUARD, OR ANY OTHER RESERVE COMPONENT.

THIS AMENDMENT PROVIDES THAT IF A DEPLOYING PARENT IS REQUIRED TO BE SEPARATED FROM A CHILD, A COURT SHALL NOT ENTER A FINAL ORDER MODIFYING THE TERMS OF CUSTODY OR VISITATION CONTAINED IN AN EXISTING ORDER UNTIL 90 DAYS AFTER THE DEPLOYMENT ENDS UNLESS THERE IS A WRITTEN AGREEMENT BY BOTH PARTIES. DEPLOYMENT OR THE POTENTIAL FOR FUTURE DEPLOYMENT SHALL NOT BE THE SOLE FACTOR SUPPORTING A CHANGE IN CIRCUMSTANCES OR GROUNDS SUFFICIENT TO SUPPORT A PERMANENT MODIFICATION OF THE CUSTODY OR VISITATION TERMS ESTABLISHED IN AN EXISTING ORDER.

EXISTING COURT ORDERS

THIS AMENDMENT PROVIDES THAT A CUSTODY OR VISITATION ORDER MAY BE TEMPORARILY MODIFIED TO MAKE REASONABLE ACCOMMODATION FOR THE PARTIES DUE TO THE DEPLOYMENT. SUCH TEMPORARY ORDER SHALL ALSO SPECIFY THE TERMS OF CUSTODY OR VISITATION DURING THE DEPLOYMENT AND FOR WHEN THERE IS LEAVE TIME FOR THE DEPLOYING PARENT. PROCEDURES ARE DELINEATED FOR THE DEPLOYING PARENT TO OBTAIN AN EXPEDITED HEARING IN ANY CUSTODY OR VISITATION MATTERS.

THIS AMENDMENT REQUIRES THE NONDEPLOYING PARENT TO PROVIDE WRITTEN NOTICE TO THE COURT AND TO THE DEPLOYING PARENT OF ANY CHANGE OF ADDRESS AND CONTACT INFORMATION WITHIN SEVEN DAYS OF THE CHANGE, EXCEPT IN INSTANCES WHERE THERE IS A VALID ORDER OF PROTECTION IN EFFECT REQUIRING THE CONFIDENTIALITY OF THE NONDEPLOYING PARENT'S CONTACT INFORMATION. IN SUCH INSTANCES THE INFORMATION SHALL ONLY BE GIVEN TO THE COURT. NOTHING IN THE AMENDMENT SHALL BE CONSTRUED TO ELIMINATE CURRENT LAW REQUIREMENTS REGARDING RELOCATION PROCEDURES.

AFTER DEPLOYMENT

A TEMPORARY MODIFICATION SHALL AUTOMATICALLY END NO LATER THAN 30 DAYS AFTER THE RETURN OF THE DEPLOYING PARENT AND THE ORIGINAL TERMS OF THE CUSTODY OR VISITATION ORDER IN PLACE AT THE TIME OF DEPLOYMENT ARE AUTOMATICALLY REINSTATED.

THE COURT MAY ALSO CONDUCT AN EXPEDITED OR EMERGENCY HEARING WITHIN 10 DAYS OF THE FILING OF A MOTION REGARDING CUSTODY OR VISITATION UPON RETURN OF THE DEPLOYING PARENT IN CASES ALLEGING AN IMMEDIATE DANGER OR IRREPARABLE HARM TO THE CHILD. THE NONDEPLOYING PARENT SHALL BEAR THE BURDEN OF SHOWING THAT REENTRY OF THE CUSTODY OR VISITATION ORDER IN EFFECT BEFORE THE DEPLOYMENT IS NO LONGER IN THE CHILD'S BEST INTERESTS.

THE COURT SHALL SET ANY NONEMERGENCY MOTION BY THE NONDEPLOYING PARENT FOR HEARING WITHIN 30 DAYS OF THE FILING OF THE MOTION.

DELEGATION OF VISITATION RIGHTS

UPON MOTION OF THE DEPLOYING PARENT OR UPON MOTION OF A FAMILY MEMBER OF THE DEPLOYING PARENT WITH HIS OR HER CONSENT, THE COURT MAY DELEGATE HIS OR HER VISITATION RIGHTS, OR A PORTION OF SUCH RIGHTS, TO A FAMILY MEMBER WITH A CLOSE AND SUBSTANTIAL RELATIONSHIP TO THE MINOR CHILD OR CHILDREN FOR THE DURATION OF THE DEPLOYMENT IF IT IS IN THE BEST INTEREST OF THE CHILD. SUCH RIGHTS SHALL TERMINATE BY OPERATION OF LAW UPON THE END OF THE DEPLOYMENT, AS SET FORTH UNDER THE ACT. THERE IS A REBUTTABLE PRESUMPTION THAT DELEGATION OF RIGHTS SHALL NOT BE PERMITTED IN INSTANCES OF DOMESTIC VIOLENCE ON THE PART OF THE FAMILY MEMBER SEEKING THE DELEGATED VISITATION RIGHTS.

ADDITIONAL PROVISIONS

THIS AMENDMENT SPECIFIES CERTAIN OBLIGATIONS THE NONDEPLOYING AND DEPLOYING PARENT HAVE TOWARD EACH OTHER UNDER ANY ORDER ENTERED. A DEPLOYING PARENT IS REQUIRED TO PROVIDE A COPY OF HIS OR HER ORDERS TO THE NONDEPLOYING PARENT PROMPTLY AND WITHOUT DELAY PRIOR TO THE DEPLOYMENT.

THE AMENDMENT PROHIBITS A COURT FROM COUNTING ANY TIME PERIODS DURING WHICH THE DEPLOYING PARENT DID NOT EXERCISE VISITATION DUE TO MILITARY DUTIES WHEN DETERMINING WHETHER A PARENT FAILED TO EXERCISE SUCH RIGHTS. THIS AMENDMENT ALSO SPECIFIES THAT ANY ABSENCE OF A CHILD FROM THE STATE DURING A DEPLOYMENT AFTER AN ORDER FOR CUSTODY HAS BEEN ENTERED MUST BE DENOMINATED AS A TEMPORARY ABSENCE FOR THE PURPOSES OF THE UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT.

THIS AMENDMENT SPECIFIES HOW THE COURT MAY AWARD ATTORNEY'S FEES AND COURT COSTS.

THIS AMENDMENT IS IDENTICAL TO SCS/HB 148 (2013) AND HCS/SB 110 (2013) AND SIMILAR TO SB 672 (2012).

HA 2 - THIS AMENDMENT ALLOWS ANY JUDICIAL CIRCUIT OR A COMBINATION OF CIRCUIT COURTS TO ESTABLISH A "MILITARY VETERANS AND SERVICEMEMBERS COURT PROGRAM." ENTRY INTO THE COURT PROGRAM SHALL BE BASED UPON THE SENTENCING COURT'S ASSESSMENT OF THE DEFENDANT. A PERSON CHARGED WITH A QUALIFYING FELONY AND WHO IS A SERVICEMEMBER SUFFERING FROM A MILITARY SERVICE- RELATED MENTAL ILLNESS, TRAUMATIC BRAIN INJURY, SUBSTANCE ABUSE DISORDER, OR PSYCHOLOGICAL PROBLEM IS ELIGIBLE FOR A VETERANS' TREATMENT INTERVENTION PROGRAM. THE AMENDMENT SPECIFIES CERTAIN REQUIREMENTS TO BE INCLUDED IN THE INTERVENTION PROGRAM. AT THE END OF THE INTERVENTION PERIOD, THE COURT SHALL CONSIDER THE RECOMMENDATIONS OF THE PROGRAM AND THE PROSECUTING ATTORNEY AS TO THE DISPOSITION OF THE PENDING CHARGES. AFTER SUCCESSFUL COMPLETION OF THE INTERVENTION PROGRAM AND IF THE CHARGES ARE DISMISSED, A DEFENDANT MAY HAVE HIS OR HER ARREST RECORD OF THE DISMISSED CHARGES EXPUNGED. ANY VETERAN OR SERVICEMEMBER WHO SUFFERS FROM A MILITARY SERVICE-RELATED MENTAL ILLNESS, TRAUMATIC BRAIN INJURY, SUBSTANCE ABUSE DISORDER, OR PSYCHOLOGICAL PROBLEM AND IS CHARGED WITH A MISDEMEANOR IS ALSO ELIGIBLE FOR ADMISSION INTO A VETERANS' TREATMENT INTERVENTION PROGRAM. WHILE IN THE PROGRAM, THE DEFENDANT SHALL BE SUBJECT TO A COORDINATED STRATEGY DEVELOPED BY THE INTERVENTION TEAM. AT THE END OF THE INTERVENTION PERIOD, THE COURT SHALL CONSIDER THE RECOMMENDATIONS OF THE PROGRAM AND THE PROSECUTING ATTORNEY AS TO THE DISPOSITION OF THE PENDING CHARGES.

FINALLY, THE COURT MAY IMPOSE A CONDITION REQUIRING PARTICIPATION IN A TREATMENT PROGRAM ON ANY VETERAN OR SERVICEMEMBER WHO SUFFERS FROM A MILITARY SERVICE-RELATED MENTAL ILLNESS, TRAUMATIC BRAIN INJURY, SUBSTANCE ABUSE DISORDER, OR PSYCHOLOGICAL PROBLEM AND WHO IS ON PROBATION. THE COURT SHALL GIVE PREFERENCE TO PROGRAMS THROUGH THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS.

THIS AMENDMENT IS SIMILAR TO SB 118 (2013).

HA 3 - THIS AMENDMENT REMOVES THE AUGUST 28, 2014, EXPIRATION DATE FORM PROVISIONS OF LAW WHICH ALLOW INDIVIDUALS TO OBTAIN TEACHER CERTIFICATION BASED ON CERTIFICATION BY THE AMERICAN BOARD FOR CERTIFICATION OF TEACHER EXCELLENCE.

THIS AMENDMENT IS IDENTICAL TO SCS/SB 455 (2013) AND SIMILAR TO HB 808 (2013).

HA 4- THIS AMENDMENT EXCLUDES MEMBERS OF THE MILITARY WHO ARE RESIDENTS OF MISSOURI AND WHO ARE ALSO ORGANIZERS, DIRECTORS, OR MAJORITY SHAREHOLDERS OF VARIOUS CORPORATE ENTITIES OR PARTNERSHIPS, SPECIFIED IN THE AMENDMENT, FROM PAYING CERTAIN FILING FEES WITH THE SECRETARY OF STATE. MEMBERS OF THE MILITARY ARE ALSO EXCLUDED FROM PAYING FEES FOR THE REGISTRATION OF A FICTITIOUS NAME FOR THE PURPOSES OF DOING BUSINESS.

HA 1 TO HA 4 - THIS AMENDMENT ADDS THAT AN ORGANIZER OF A CORPORATE ENTITY OR PARTNERSHIP, SPECIFIED IN THE AMENDMENT, WHO IS ALSO A RESIDENT OF A THIRD OR FOURTH CLASS COUNTY IS EXEMPTED FROM PAYING CERTAIN FILING FEES WITH THE SECRETARY OF STATE. THE AMENDMENT ALLOWS FOR THE DISPLAY OF THE HONOR AND REMEMBER FLAG AT ALL STATE BUILDINGS AND STATE PARKS AS AN OFFICIAL RECOGNITION AND IN HONOR OF FALLEN MEMBERS OF THE ARMED FORCES OF THE UNITED STATES.

HA 5 - THIS AMENDMENT ALLOWS FOR THE DISPLAY OF THE HONOR AND REMEMBER FLAG AT ALL STATE BUILDINGS AND STATE PARKS AS AN OFFICIAL RECOGNITION AND IN HONOR OF FALLEN MEMBERS OF THE ARMED FORCES OF THE UNITED STATES.

THIS AMENDMENT IS IDENTICAL TO SB 218 (2013) AND HB 704 (2013).