Missouri Senate

House Committee Substitute

A+ SCHOOLS PROGRAM: This act modifies the A+ Schools Program by removing the requirement that the student's attendance at a public high school in the state be the three years immediately prior to graduation. The act also adds that a student shall have graduated from such public high school. (Section 160.545)

This provision is identical to HB 599 (2017) and to a provision contained in SS/HB 1744 (2018), and is similar to SB 650 (2016).

ATTACHMENT OF SCHOOL DISTRICTS:

Under current law, in order for a school district to become attached to a community college district, a petition shall be submitted to the school board of the school district signed either by voters of the district equal in number to ten percent of those voting in the last school election at which school board members were elected or by a majority of the voters of the district, at which point an election shall be called. This act provides that a community college district may, by a majority vote of its board of trustees, propose a plan to the voters of the school district to attach the school district to the community college district, levy a tax rate equal to the rate applicable to the community college district at the time of the vote of the board of trustees, and call an election upon the question of such plan. The community college district shall be responsible for the costs associated with the election.

(Section 162.441)

This provision is identical to a provision in SS/SCS/SB 592 (2018), SS/HB 1744 (2018), SCS/HB 1442 (2018), and is substantially similar to SCS/SB 990 (2018), a provision in SCS/HB 1446 (2018), and a provision in CCS/SS/SCS/HB 1291 (2018).

CIVICS ACHIEVEMENT EXAMINATION:

The act requires any student attending a public institution of higher education in the state to score at least 70% on the Missouri Higher Education Civics Achievement Examination as a condition of graduation. The exam shall consist of 50 to 100 questions similar to the questions in the United States citizenship exam. (Section 170.013 )

This provision is identical to HCS/HB 1528 (2018).

DEGREE OFFERINGS AT INSTITUTIONS OF HIGHER EDUCATION:

This act provides that community colleges may grant baccalaureate degrees if authorized by the Coordinating Board for Higher Education. The West Plains Campus of Missouri State University and the State Technical College of Missouri may also offer baccalaureate degrees if authorized by the Coordinating Board. The University of Missouri is the only state college or university authorized to offer doctor of philosophy degrees or first-professional degrees.

The Coordinating Board may approve, not approve, or provisionally approve proposed new degree programs offered by state institutions of higher education. The Coordinating Board may authorize a degree program outside of an institution's Coordinating Board-approved mission only when certain requirements are met as described in the act.

The governing board of each public institution of higher education in the state have the power and authority to confer degrees in chiropractic, osteopathic medicine, and podiatry only in collaboration with the University of Missouri if the collaborative agreement is approved by the governing board of each institution. In such instance the University of Missouri shall be the degree-granting institution. If the University of Missouri declines to collaborate, institutions may seek approval of the program with the Coordinating Board through the Board's review process.

The board of regents of each state college and each state teachers college have authority to confer additional degrees when authorized by the Coordinating Board, in circumstances as described in the act. An institution may be authorized to offer nonresearch doctoral degrees in allied health professions independently if collaboration with another institution would not increase the quality of the program. The boards of state colleges and state teachers colleges have the power and authority to confer degrees in engineering only in collaboration with the University of Missouri if the collaborative agreement is approved by the governing board of each institution. In such instance the University of Missouri shall be the degree-granting institution. If the University of Missouri declines to collaborate, institutions may seek approval of the program with the Coordinating Board through the Board's review process.

Prior to January 1, 2020, the Coordinating Board for Higher Education shall set forth reasonable standards and regulations for student counseling facilities, as defined in the act, at public institutions of higher education that relate to mental health problems within the academic community. After such standards are established, the Coordinating Board shall develop a process for measuring an institution's ability to meet student mental health needs.

Beginning with the 2020-2021 school year, each public institution of higher education shall publish a report that measures compliance with the standards for student counseling facilities, with details as set forth in the act.

No state college or university may seek the land grant designation held by Lincoln University and the University of Missouri or the research designation currently held by the University of Missouri.

This act repeals provisions relating to Missouri Southern State University's ability to offer specific programs and degrees in collaboration with the University of Missouri and provisions granting authority to Missouri Southern State University and Missouri Western State University to offer master's level degree programs in accountancy. (Sections 163.191, 172.280, 173.005, 174.160, 174.225, 174.231, 174.251, 174.251, 174.324, 174.500, 178.636)

These provisions are substantially similar to provisions contained in SCS/SBs 807 & 577 (2018), HB 1465 (2018), and similar to SCS/SB 328 (2017), and HB 758 (2017).

PUBLIC SAFETY OFFICER OR EMPLOYEE SURVIVOR GRANT:

This act adds several professions, including air ambulance pilots, air ambulance registered professional nurses, air ambulance registered respiratory therapists, uniformed employees of the Office of the State Fire Marshal, and specified emergency medical technicians, to the list of professionals whose children and spouses are eligible to receive a public safety officer or employee survivor grant from the Coordinating Board for Higher Education within the Department of Higher Education.

(Section 173.260)

This provision is identical to a provision contained in HB 2360 (2018).

TUITION AT INSTITUTIONS OF HIGHER EDUCATION:

The act changes the cap on tuition increases at public institutions of higher education in the state. Currently, tuition increases are capped at the rate of inflation. The act permits institutions to increase their tuition by inflation plus an amount that would produce an increase in net tuition revenue, as defined in the act, no greater than the amount by which state operating support was reduced in the previous fiscal year.

(Section 173.1003)

This provision is similar to HB 2649 (2018).

ACCESS MISSOURI FINANCIAL ASSISTANCE PROGRAM:

This act allows students enrolled in approved virtual institutions, as defined in the act, to participate in the Access Missouri Financial Assistance Program.

A virtual institution is required to continuously maintain certain specified requirements to be considered an approved virtual institution. (Sections 173.1101-173.1107)

These provisions are identical to SB 682 (2018), SCS/SB 188 (2017), substantially similar to HB 1267 (2018), and are similar to HCS/HB 411 (2017).

COLLEGE CREDIT DISCLOSURE ACT:

The act also establishes the College Credit Disclosure Act, which requires a higher education institution that grants college-level credit but is not accredited by a federally recognized regional accreditor to disclose, during the admission application process, that the institution is not accredited. The institution shall provide such disclosure in writing to an enrolling student before the student registers for any class that grants credit, and the student shall sign the disclosure.

The act exempts any institution that is affiliated with a religious organization if such institution is accredited by a federally recognized faith-related accreditor.

(Section 173.1450)

This provision is identical to HB 1811 (2018).

ATHLETE AGENTS:

This act also modifies the Uniform Agents Athlete Act.

Under the act, an "athlete agent" is someone who 1) recruits or solicits a student athlete to enter into an agency contract or procures employment or offers to obtain employment for a student athlete as a professional athlete, 2) for compensation or in anticipation of compensation related to a student athlete's participation in athletics, serves in an advisory capacity to the student athlete or manages the business affairs of the student athlete, or 3) gives consideration to the student athlete or another person in anticipation of representing the student athlete.

The term "student athlete" is defined as a person eligible to attend an educational institution and engages in or is eligible to engage in any interscholastic or intercollegiate sport.

In addition to the requirements for registration as an athlete agent under current law, an applicant shall submit to the Director of the Division of Professional Registration the following: 1) the applicant's date and place of birth, telephone number of principal place of business, mobile telephone numbers and any means of communicating with the applicant electronically; 2) information for the applicant's business or employer including the mailing address, telephone number, organization form, and nature of the business; 3) each social media account affiliated with the applicant or the applicant's business; 4) any self-employment or employment by others, professional licenses or registrations held by the applicant 5 years preceding the date of the application; 5) the name of each student athlete for whom the applicant has acted as an athlete agent during the 5 years preceding the application, along with the student athlete's sport and last known team; 6) the status of the applicant's application or the application of the applicant's business partners for a state or federal business, professional, or occupational license, other than as an athlete agent and any reprimand or censure related to the license; 7) if the applicant or the applicant's business partners have been found guilty of a felony, information regarding the crime; 8) whether during the 15 years prior to the application date the applicant or any of the applicant's business partners has been a defendant in a civil proceeding and explanation of such proceeding; 9) whether the applicant or any of the applicant's business partners has an unsatisfied judgment, including alimony or a domestic order; 10) whether the applicant or any of the applicant's business partners was adjudicated bankrupt or owned a business that was adjudicated bankrupt within the 10 years of the application; 11) each state in which the applicant is registered as an athlete agent or has applied to be registered; and 12) if the applicant is certified or registered by a professional league or players association, certain information regarding such certification.

If the applicant is registered as an athlete agent in another state, the act provides information that an applicant may submit in lieu of the traditional application or registration renewal process as an athlete agent. The Director of the Division of Professional Registration shall issue a certificate of registration or renew the registration if the registration requirements of the other state are substantially similar to or more restrictive than the requirements of this state. The Director shall cooperate with national organizations concerned with athlete agent issues and agencies in other states that register athlete agents to develop a common registration form and determine which states have similar laws and requirements regarding the registration of athlete agents. The Director shall also exchange information, including information regarding disciplinary actions taken against a registered athlete agent, with such organizations and state agencies.

Currently, the Director may issue a temporary certification of registration while an application for registration or renewal is pending, which is valid for sixty days. The act removes this sixty day limitation.

The act modifies the contents of an agency contract. The contract shall contain a statement affirming that the athlete agent is registered in Missouri, along with a list of any other state where the agent is registered. Currently, the contract shall contain the warning that the student athlete and the athlete agent shall inform the athletic director within 72 hours of entering into an agency contract. The act states that contract shall state that the athletic director shall be informed within 72 hours or before the next athletic event, whichever occurs first, and provide contact information for the athlete agent. The contract shall be accompanied by a statement signed by the student athlete or, if the athlete is minor, the athlete’s parent or guardian, acknowledging that signing the contract may result in the loss of the student athlete's eligibility to participate in the student athlete's sport. If the contract is voided, any consideration received by the student athlete from the athlete agent to induce entering into the contract is not required to be returned.

If the student athlete is a minor, the athlete agent shall give a copy of the agency contract to the parent or guardian of the student athlete at anytime and the parent or guardian shall sign the contract. The parent or guardian may also void the contract for not complying with state law or cancel the agency contract within 14 days after the contract is signed.

The act also established additional notice requirements. An athlete agent who enters into an agency contract with a student athlete who subsequently enrolls at an educational institution, shall notify the institution's athletic director within 72 hours after the agent knew or should have known that the student athlete enrolled. An athlete agent has 10 days to notify an educational institution that he or she has a relationship with a student athlete prior to the athlete enrolling at the institution if the athlete agent had the intention to recruit or solicit the student athlete into entering an agency contract. An athlete agent also shall notify the athletic director of any educational institution at which a student athlete is enrolled prior to communicating with the student athlete, if the student athlete is a minor, a parent or guardian, or another person in order to influence the student athlete to enter into an agency contract. The athlete agent has 10 days to notify an athletic director if the student athlete initiates communication with the agent. An educational institution shall notify the director if the institution has knowledge that an agent athlete has violated the notification requirements.

Under current law, an athlete agent is prohibited from performing certain actions with the intent to induce a student athlete to enter into an agency contract. This act also prohibits an athlete agent from encouraging any other person to perform such actions on behalf of the athlete agent.

A violation of the act may result in a civil penalty not to exceed fifty thousand dollars. (Sections 436.218-436.266)

These provisions are similar to SB 1088 (2018).

JAMIE ANDREWS