EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
[TRULY AGREED TO AND FINALLY PASSED ]
HOUSE COMMITTEE SUBSTITUTE FOR
SENATE SUBSTITUTE FOR
SENATE COMMITTEE SUBSTITUTE FOR
SENATE BILL NO. 912
102ND GENERAL ASSEMBLY
2024
3361H.10T
AN ACT
To repeal sections 42.051, 115.085, 143.174, 143.175, 173.239, 301.142, 301.3030, 301.3061, and
302.188, RSMo, and to enact in lieu thereof forty-four new sections relating to military
affairs, with a delayed effective date for a certain section and existing penalty
provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 42.051, 115.085, 143.174, 143.175, 1
173.239, 301.142, 301.3030, 301.3061, and 302.188, RSMo, are 2
repealed and forty-four new sections enacted in lieu thereof, 3
to be known as sections 42.022, 42.051, 42.312, 115.085, 4
143.174, 143.175, 173.239, 227.854, 301.142, 301.3030, 5
301.3061, 301.3180, 302.188, 452.1200, 452.1202, 452.1204, 6
452.1206, 452.1208, 452.1210, 452.1212, 452.1214, 452.1216, 7
452.1218, 452.1220, 452.12 22, 452.1224, 452.1226, 452.1228, 8
452.1230, 452.1232, 452.1234, 452.1236, 452.1238, 452.1240, 9
452.1242, 452.1244, 452.1246, 452.1248, 452.1250, 452.1252, 10
452.1254, 452.1256, 452.1258, and 620.3305, to read as follows:11
42.022. 1. In addition to any other duties imposed 1
under this chapter, the commission shall review the 2
provisions of the Commander John Scott Hannon Veterans 3
Mental Health Care Improvement Act of 2019, enacted by the 4 HCS SS SCS SB 912 2
116th United States Congress (Pub. L. 116 -171), as amended, 5
and any regulations related thereto. After review, the 6
commission, in collaboration with the department of mental 7
health, shall provide recommendations and make efforts to 8
adopt procedures, programs, treatment options, additional 9
aid, and any other assist ance deemed necessary by the 10
commission to assist in the efforts to prevent veteran 11
suicide, subject to appropriation. 12
2. Before July 1, 2025, and before every July first 13
thereafter the commission shall file a report with the 14
department of public safety and the general assembly on the 15
recommendations, implementation, and effectiveness of the 16
efforts by the commission to prevent veteran suicide. 17
3. The department of public safety may promulgate all 18
necessary rules and regulations for the a dministration of 19
this section. Any rule or portion of a rule, as that term 20
is defined in section 536.010, that is created under the 21
authority delegated in this section shall become effective 22
only if it complies with and is subject to all of the 23
provisions of chapter 536 and, if applicable, section 24
536.028. This section and chapter 536 are nonseverable and 25
if any of the powers vested with the general assembly 26
pursuant to chapter 536 to review, to delay the effective 27
date, or to disapprove and annu l a rule are subsequently 28
held unconstitutional, then the grant of rulemaking 29
authority and any rule proposed or adopted after August 28, 30
2024, shall be invalid and void. 31
42.051. 1. Every state agency shall [ensure that] 1
include on any form, including digital forms posted on an 2
internet website, used to [collect data from individuals 3
include] interact with members of the public the following 4
questions in substantially similar form: 5 HCS SS SCS SB 912 3
2. Every state agency shall provide the contact 21
information of those individuals who answer question (3) in 22
subsection 1 of this section in the affirmative to the 23
commission within seven business days of receipt and shall 24
provide the contact information in a format readily 25
accessible by the commission. 26
3. Every state agency shall prepare information 27
regarding the agency's applicable services and benefits that 28
are available to veterans and provide such information to 29
those individuals who answer [the] questions (1) and (2) 30
provided in subsection 1 of this section in the affirmative 31
and to the commission. Such information shall be available 32
in a format readily accessible and identifiable to members 33
of the public and to the commission . 34
4. On January first of every year, the commission 35
shall post a report on the commission's website that 36
includes: 37
6
7
8
9
(1) Have you ever served on active duty in the
Armed Forces of the United States and separated
from such service under conditions other than
dishonorable?
10
11
12
13
(2) If answering question (1) in the affirmative,
would you like to receive info rmation and
assistance regarding [the agency's veteran ]
veterans benefits and services?
14
15
16
17
18
19
20
(3) If answering question (2) in the affirmative,
may the agency share your contact information with
the Missouri Veterans Commission in order to
provide you with information regarding available
veterans benefits and services? General
information may also be found on the Missouri
Veterans Commission's website.
HCS SS SCS SB 912 4
(1) The total number of individuals whose contact 38
information has been submitted to the commission from each 39
state agency pursuant to subsection 2 of this section; and 40
(2) The total number of individuals contacted by the 41
commission as a result of the submission of contact 42
information by a state agency. 43
[3.] 5. The provisions of subsection 1 of this section 44
shall only apply to any form first created on or after 45
August 28, [2021] 2024, or any form created before August 46
28, [2021] 2024, and subsequently modified on or after 47
August 28, [2021] 2024. 48
42.312. 1. There is hereby created within the state 1
adjutant general's office the "Operation Enduring Freedom, 2
Operation Freedom's Sentinel, and Operation Allies Refuge 3
Program". Every veteran who honorably served on act ive duty 4
in the United States military service at any time beginning 5
October 7, 2001, and ending August 30, 2021, shall be 6
entitled to receive an Operation Enduring Freedom, Operation 7
Freedom's Sentinel, and Operation Allies Refuge medallion, 8
medal, and certificate of appreciation under this section, 9
provided that: 10
(1) Such veteran is a legal resident of this state or 11
was a legal resident of this state at the time he or she 12
entered or was discharged from military service or at the 13
time of his or her death, or such veteran served in a unit 14
of the Missouri National Guard regardless of whether such 15
veteran is or ever was a legal resident of this state; and 16
(2) Such veteran was honorably separated or discharged 17
from military service, is s till in active service in an 18
honorable status, or was in active service in an honorable 19
status at the time of his or her death. 20 HCS SS SCS SB 912 5
2. The Operation Enduring Freedom, Operation Freedom's 21
Sentinel, and Operation Allies Refuge medallion, medal, and 22
certificate shall be awarded regardless of whether such 23
veteran served within the United States or in a foreign 24
country. The medallion, medal, and certificate shall be 25
awarded regardless of whether such veteran was under 26
eighteen years of age at the time of enlistment. For 27
purposes of this section, "veteran" means any person defined 28
as a veteran by the United States Department of Veterans 29
Affairs or its successor agency. 30
115.085. 1. For purposes of this section, the 1
following terms mean: 2
(1) "Military", the Armed Forces of the United States, 3
including the Air Force, Army, Coast Guard, Marine Corps, 4
Navy, Space Force, National Guard, and any other military 5
branch that is designated by Congress as part of the Armed 6
Forces of the United States, and all reserve components and 7
auxiliaries. The term "military" also includes the military 8
reserves and militia of any United States territory or state; 9
(2) "Nonresident military spouse", a nonresident 10
spouse of an active du ty member of the Armed Forces of the 11
United States who has been transferred to the state of 12
Missouri, or who has been transferred to an adjacent state 13
and is or will be domiciled in the state of Missouri, or has 14
moved to the state of Missouri on a perm anent change-of- 15
station basis. 16
2. No person shall be appointed to serve as an 17
election judge who is not a registered voter in this state 18
or a military service member on active duty in this state or 19
a nonresident military spouse . Each election judge shall be 20
a person of good repute and character who can speak, read, 21
and write the English language. No person shall serve as an 22 HCS SS SCS SB 912 6
election judge at any polling place in which his or her name 23
or the name of a relative within the second degree, by 24
consanguinity or affinity, appears on the ballot. However, 25
no relative of any unopposed candidate shall be disqualified 26
from serving as an election judge in any election 27
jurisdiction of the state. No election judge shall, during 28
his or her term of offi ce, hold any other elective public 29
office, other than as a member of a political party 30
committee or township office, except any person who is 31
elected to a board or commission of a political subdivision 32
or special district may serve as an election judge except at 33
a polling place where such political subdivision or special 34
district has an issue or candidate on the ballot. In any 35
county having a population of less than two hundred fifty 36
thousand inhabitants, any candidate for the county committee 37
of a political party who is not a candidate for any other 38
office and who is unopposed for election as a member of the 39
committee shall not be disqualified from serving as an 40
election judge. 41
143.174. For all tax years beginning on or afte r 1
January 1, 2016, for purposes of calculating the Missouri 2
taxable income as required under section 143.011, one 3
hundred percent of the income received by any person as 4
salary or compensation in any form as a member of the active 5
duty component of th e Armed Forces of the United States, and 6
to the extent that such income is included in the federal 7
adjusted gross income, may be deducted from the taxpayer's 8
Missouri adjusted gross income to determine such taxpayer's 9
Missouri taxable income. If such person files a combined 10
return with a spouse, any military income received while 11
engaging in the performance of active duty may be deducted 12
from their Missouri combined adjusted gross income. For the 13 HCS SS SCS SB 912 7
purposes of this section, "salary or compensation" shall 14
include any signing bonus. 15
143.175. 1. For all tax years beginning on or after 1
January 1, 2020, for purposes of calculating the Missouri 2
taxable income as required under section 143.011, a 3
percentage of the income received by any person as salary or 4
compensation: 5
(1) In performance of inactive duty for training (IDT) 6
of the National Guard or annual training status (AT) of the 7
National Guard; [or] 8
(2) In reserve components of the Armed Forces of the 9
United States; or 10
(3) For all tax years beginning on or after January 1, 11
2025, in the form of a bonus from the National Guard or a 12
reserve component of the United States Armed Forces for 13
joining, reenlisting, or for any other reason; 14
and to the extent that su ch income is included in the 15
federal adjusted gross income, may be deducted from the 16
taxpayer's Missouri adjusted gross income to determine such 17
taxpayer's Missouri taxable income. If such person files a 18
combined return with a spouse, a percentage of any military 19
income received while engaging in the performance of 20
National Guard or reserve military duty may be deducted from 21
their Missouri combined adjusted gross income. Such 22
military income shall be deducted as follows: 23
(a) For the tax year beginning on or after January 1, 24
2020, twenty percent of such military income; 25
(b) For the tax year beginning on or after January 1, 26
2021, forty percent of such military income; 27
(c) For the tax year beginning on or after January 1, 28
2022, sixty percent of such income; 29 HCS SS SCS SB 912 8
(d) For the tax year beginning on or after January 1, 30
2023, eighty percent of such income; 31
(e) For all tax years beginning on January 1, 2024, 32
and thereafter, one hundred percent of such income. 33
2. Notwithstanding the provisions of this section or 34
any other provision of law to the contrary, the deduction 35
authorized by this section shall not apply to compensation 36
received while engaging in civilian federal service, 37
including civil service positions requirin g the wearing of 38
military uniform and military affiliation. 39
173.239. 1. Any member of the Missouri National Guard 1
who possesses the qualifications set forth in this section 2
may, while he or she is a member of the Missouri National 3
Guard, be awarded [an] educational assistance in the form of: 4
(1) A tuition and fee waiver for undergraduate courses 5
at a postsecondary institution of higher education located 6
in this state that directly receives funds appropriated by 7
the general assembly. This tuition and fee waiver shall not 8
be implemented prior to the 2025 -26 academic year. The 9
tuition and fee waiver shall be only for tuition and fees 10
that remain after the application of all payments from a 11
tuition assistance program of th e National Guard, Army, or 12
Air Force; additional federal military tuition assistance; 13
GI Bill educational entitlements; awarded external 14
scholarships; and federal financial grants, including the 15
Pell grant, that are available to the member in the curre nt 16
semester. For purposes of this section, "fee" or "fees" 17
mean any mandatory fees charged by an institution to all 18
full-time students as a condition of enrollment; or 19
(2) A grant to an [approved public institution or an 20
approved private] eligible institution[, as those terms are 21
defined in either section 173.205 or section 173.778, ] of 22 HCS SS SCS SB 912 9
his or her choice [while he or she is a member of the 23
Missouri National Guard. Funding for educational assistance 24
pursuant to this section may be requested annually in the 25
budget of the Missouri National Guard. Educational 26
assistance provided pursuant to this section shall not 27
exceed funds appropriated for that purpose ]. For purposes 28
of this subdivision, the term "eligible institution" shall 29
mean: 30
(a) An approved public institution or an approved 31
private institution, as those terms are defined in section 32
173.1102; or 33
(b) Any institution of postsecondary education that is 34
required by law to be, and currently is, certified to 35
operate by the coordinating board for higher education; that 36
is institutionally accredited by an accrediting commission 37
recognized by the United States Department of Education; 38
that has operated continuously in this state for five or 39
more years; that has no more th an fifty percent of its 40
students in correspondence programs; and that offers a one - 41
year or two-year certificate, associate or baccalaureate 42
degree programs, or graduate or professional degree programs. 43
2. (1) Educational assistance provided under this 44
section shall not exceed the [least] lesser of the following: 45
[(1)] (a) The actual tuition, as defined in section 46
173.260, charged at an approved institution where the 47
[individual] member is enrolled or accepted for enrollment; 48
or 49
[(2)] (b) The [amount] product of the number of credit 50
hours taken multiplied by the average tuition cost per 51
credit hour charged to a Missouri resident at the University 52
of Missouri for attendance [;], with such average cost 53
determined by the Missouri Nat ional Guard. 54 HCS SS SCS SB 912 10
[(3)] (2) The grants provided under this section may 55
be prorated subject to appropriations in an amount no less 56
than fifty percent of the limits set forth in this [section] 57
subsection. 58
3. (1) For either type of educational assi stance 59
described in this section, a member of the Missouri National 60
Guard [seeking educational assistance pursuant to this 61
section] may apply to the appropriate office of the Missouri 62
National Guard before each semester. The member shall: 63
(a) Provide a certificate of satisfactory service of 64
his or her Missouri National Guard duties from his or her 65
commanding officer [and shall]; 66
(b) Possess all other necessary entrance requirements 67
of the school of his or her choice [and shall maintain]; 68
(c) Provide proof of maintaining a cumulative grade 69
point average (GPA) of at least two point five on a [four 70
point] four-point scale, or the equivalent on another scale 71
approved by the program administrator, while attending the 72
approved public or private institution ; 73
(d) Have not yet earned a bachelor's degree; and 74
(e) Have completed and submitted a FAFSA for the 75
academic term for which educational assistance is requested. 76
(2) For the tuition and fee waiver, the waiver shal l 77
be awarded if the member applies and is otherwise eligible 78
pursuant to this section, but the waiver shall be awarded 79
only after the Missouri National Guard has distributed any 80
moneys available for the member through the state tuition 81
assistance program. 82
4. If the grade point average of a member who is 83
receiving educational assistance pursuant to this section 84
falls below two point five on a [four point] four-point 85
scale, or the equivalent on another scale, such member shall 86 HCS SS SCS SB 912 11
retain the educational assistance and shall be placed on 87
probation under the educational assistance program. Failure 88
to achieve a current grade point average of at least two 89
point five on a [four point] four-point scale or the 90
equivalent on another scale for future se mesters or 91
equivalent academic terms shall result in termination of the 92
[scholarship] educational assistance effective as of the 93
next academic term. The member shall be removed from 94
probation status upon achieving a cumulative grade point 95
average of two point five on a [four point] four-point scale 96
or the equivalent on another scale. 97
5. For the tuition and fee waiver, an applicant shall 98
cease to be eligible if the total number of credit hours 99
completed by the applicant exceeds one hundred twe nty. 100
Credit hours earned with the educational assistance 101
described in this section and credit hours earned without 102
the educational assistance described in this section shall 103
be counted to determine the total number of credit hours 104
completed by an applicant for purposes of this subsection. 105
6. The tuition and fee waiver shall not be available 106
in any fiscal year in which the percent of total program 107
costs covered by the state appropriation for the educational 108
assistance provided pursuant to this section has decreased 109
compared to the previous fiscal year. 110
7. If a recipient of either type of educational 111
assistance pursuant to this section ceases to maintain their 112
active military affiliation while enrolled in an academic 113
semester or term for any reason except death, disability, or 114
medical disqualification the educational assistance shall be 115
terminated and the recipient shall repay any amounts awarded 116
or waived for the academic semester or term. 117 HCS SS SCS SB 912 12
[6. Applicants for educational assist ance pursuant to 118
this section shall meet the qualifications established by 119
section 173.215, except the provisions of subdivisions (2) 120
and (4) of subsection 1 of section 173.215, and shall be 121
qualified, full-time or part-time students. 122
7.] 8. The educational assistance program established 123
pursuant to this section shall be administered by the office 124
of the adjutant general of the Missouri National Guard. The 125
Missouri National Guard shall establish guidelines for 126
equitable administrative distrib ution of educational 127
assistance. 128
227.854. The portion of U.S. Highway 63 from the south 1
end of CRD 637 loop continuing north through the City of 2
Freeburg to Dogwood Street in Osage County shall be 3
designated the "POW/MIA SSG Paul Ha senbeck Memorial 4
Highway". The department of transportation shall erect and 5
maintain appropriate signs designating such highway, with 6
the costs to be paid by the department of transportation. 7
301.142. 1. As used in sections 301.141 to 301.143, 1
the following terms mean: 2
(1) "Department", the department of revenue; 3
(2) "Director", the director of the department of 4
revenue; 5
(3) "Other authorized health care practitioner" 6
includes advanced practice registered nurses licensed 7
pursuant to chapter 335, physician assistants licensed 8
pursuant to chapter 334, chiropractors licensed pursuant to 9
chapter 331, podiatrists licensed pursuant to chapter 330, 10
assistant physicians, physical therapists licensed pursuant 11
to chapter 334, and optometrists licensed pursuant to 12
chapter 336; 13 HCS SS SCS SB 912 13
(4) "Physically disabled", a natural person who is 14
blind, as defined in section 8.700, or a natural person with 15
medical disabilities which prohibits, limits, or severely 16
impairs one's ability to ambulate or walk, as determined by 17
a licensed physician or other authorized health care 18
practitioner as follows: 19
(a) The person cannot ambulate or walk fifty or less 20
feet without stopping to rest due to a severe and disabling 21
arthritic, neurological, orthopedic condition, or other 22
severe and disabling condition; or 23
(b) The person cannot ambulate or walk without the use 24
of, or assistance from, a brace, cane, crutch, another 25
person, prosthetic device, wheelchair, or other assistive 26
device; or 27
(c) Is restricted by a respiratory or other disease to 28
such an extent that the person's forced respiratory 29
expiratory volume for one second, when measured by 30
spirometry, is less than one liter, or the arterial oxygen 31
tension is less than sixty mm/hg on room air at rest; or 32
(d) Uses portable oxygen; or 33
(e) Has a cardiac condition to the extent that the 34
person's functional limitations are classified in severity 35
as class III or class IV according to standards set by the 36
American Heart Association; or 37
(f) Except as otherwise provided in subdivision (3) of 38
subsection 16 of this section, a person's age, in and of 39
itself, shall not be a factor in determining whether such 40
person is physically disabled or is otherwise en titled to 41
disabled license plates and/or disabled windshield hanging 42
placards within the meaning of sections 301.141 to 301.143; 43
(5) "Physician", a person licensed to practice 44
medicine pursuant to chapter 334; 45 HCS SS SCS SB 912 14
(6) "Physician's statement", a statement personally 46
signed by a duly authorized person which certifies that a 47
person is disabled as defined in this section; 48
(7) "Temporarily disabled person", a disabled person 49
as defined in this section whose disability or incapacity is 50
expected to last no more than one hundred eighty days; 51
(8) "Temporary windshield placard", a placard to be 52
issued to persons who are temporarily disabled persons as 53
defined in this section, certification of which shall be 54
indicated on the physician's st atement; 55
(9) "Windshield placard", a placard to be issued to 56
persons who are physically disabled as defined in this 57
section, certification of which shall be indicated on the 58
physician's statement. 59
2. Other authorized health care practitioner s may 60
furnish to a disabled or temporarily disabled person a 61
physician's statement for only those physical health care 62
conditions for which such health care practitioner is 63
legally authorized to diagnose and treat. 64
3. A physician's statement shal l: 65
(1) Be on a form prescribed by the director of revenue; 66
(2) Set forth the specific diagnosis and medical 67
condition which renders the person physically disabled or 68
temporarily disabled as defined in this section; 69
(3) Include the physician's or other authorized health 70
care practitioner's license number; and 71
(4) Be personally signed by the issuing physician or 72
other authorized health care practitioner. 73
4. If it is the professional opinion of the physician 74
or other authorized health care practitioner issuing the 75
statement that the physical disability of the applicant, 76
user, or member of the applicant's household is permanent, 77 HCS SS SCS SB 912 15
it shall be noted on the statement. Otherwise, the 78
physician or other authorized health care pr actitioner shall 79
note on the statement the anticipated length of the 80
disability, which shall determine the expiration date for 81
the temporary windshield placard, and which period [may] 82
shall not exceed one hundred eighty days. If the physician 83
or health care practitioner fails to record an expiration 84
date on the physician's statement, the director shall issue 85
a temporary windshield placard for a period of thirty days. 86
5. A physician or other authorized health care 87
practitioner who issues or si gns a physician's statement so 88
that disabled plates or a disabled windshield placard may be 89
obtained shall maintain in such disabled person's medical 90
chart documentation that such a certificate has been issued, 91
the date the statement was signed, the di agnosis or 92
condition which existed that qualified the person as 93
disabled pursuant to this section and shall contain 94
sufficient documentation so as to objectively confirm that 95
such condition exists. 96
6. The medical or other records of the physician or 97
other authorized health care practitioner who issued a 98
physician's statement shall be open to inspection and review 99
by such practitioner's licensing board, in order to verify 100
compliance with this section. Information contained within 101
such records shall be confidential unless required for 102
prosecution, disciplinary purposes, or otherwise required to 103
be disclosed by law. 104
7. Owners of motor vehicles who are residents of the 105
state of Missouri, and who are physically disabled, owners 106
of motor vehicles operated at least fifty percent of the 107
time by a physically disabled person, or owners of motor 108
vehicles used to primarily transport physically disabled 109 HCS SS SCS SB 912 16
members of the owner's household may obtain disabled person 110
license plates. Such owners, upon application[,] to the 111
director accompanied by the documents and fees provided for 112
in this section, a current physician's statement which has 113
been issued within ninety days proceeding the date the 114
application is made, and proof of compliance with t he state 115
motor vehicle laws relating to registration and licensing of 116
motor vehicles, shall be issued motor vehicle license plates 117
for vehicles, other than commercial vehicles with a gross 118
weight in excess of twenty -four thousand pounds, upon which 119
shall be inscribed the international wheelchair 120
accessibility symbol and the word "DISABLED" in addition to 121
a combination of letters and numbers. Such license plates 122
shall be made with fully reflective material with a common 123
color scheme and design, sha ll be clearly visible at night, 124
and shall be aesthetically attractive, as prescribed by 125
section 301.130. If at any time an individual who obtained 126
disabled license plates issued under this subsection no 127
longer occupies a residence with a physically di sabled 128
person, or no longer owns a vehicle that is operated at 129
least fifty percent of the time by a physically disabled 130
person, such individual shall surrender the disabled license 131
plates to the department within thirty days of becoming 132
ineligible for their use. 133
8. The director shall further issue, upon request, to 134
such applicant one, and for good cause shown, as the 135
director may define by rule and regulations, not more than 136
two, removable disabled windshield hanging placards for use 137
when the disabled person is occupying a vehicle or when a 138
vehicle not bearing the permanent handicap plate is being 139
used to pick up, deliver, or collect the physically disabled 140 HCS SS SCS SB 912 17
person issued the disabled motor vehicle license plate or 141
disabled windshield hangi ng placard. 142
9. No additional fee shall be paid to the director for 143
the issuance of the special license plates provided in this 144
section, except for special personalized license plates and 145
other license plates described in this subsection. Priority 146
for any specific set of special license plates shall be 147
given to the applicant who received the number in the 148
immediately preceding license period subject to the 149
applicant's compliance with the provisions of this section 150
and any applicable rules or r egulations issued by the 151
director. If determined feasible by the advisory committee 152
established in section 301.129, any special license plate 153
issued pursuant to this section may be adapted to also 154
include the international wheelchair accessibility sym bol 155
and the word "DISABLED" as prescribed in this section and 156
such plate may be issued to any applicant who meets the 157
requirements of this section and the other appropriate 158
provision of this chapter, subject to the requirements and 159
fees of the appropriate provision of this chapter. 160
10. Any physically disabled person, or the parent or 161
guardian of any such person, or any not -for-profit group, 162
organization, or other entity which transports more than one 163
physically disabled person, may apply to th e director of 164
revenue for a removable windshield placard. The placard may 165
be used in motor vehicles which do not bear the permanent 166
handicap symbol on the license plate. Such placards must be 167
hung from the front, middle rearview mirror of a parked 168
motor vehicle and may not be hung from the mirror during 169
operation. These placards may only be used during the 170
period of time when the vehicle is being used by a disabled 171
person, or when the vehicle is being used to pick up, 172 HCS SS SCS SB 912 18
deliver, or collect a disab led person, and shall be 173
surrendered to the department, within thirty days, if a 174
group, organization, or entity that obtained the removable 175
windshield placard due to the transportation of more than 176
one physically disabled person no longer transports mo re 177
than one disabled person. When there is no rearview mirror, 178
the placard shall be displayed on the dashboard on the 179
driver's side. 180
11. The removable windshield placard shall conform to 181
the specifications, in respect to size, color, and content , 182
as set forth in federal regulations published by the 183
Department of Transportation. The removable windshield 184
placard shall be renewed every four years. The director may 185
stagger the expiration dates to equalize workload. Only one 186
removable placard may be issued to an applicant who has been 187
issued disabled person license plates. Upon request, one 188
additional windshield placard may be issued to an applicant 189
who has not been issued disabled person license plates. 190
12. A temporary windshield pla card shall be issued to 191
any physically disabled person, or the parent or guardian of 192
any such person who otherwise qualifies except that the 193
physical disability, in the opinion of the physician, is not 194
expected to exceed a period of one hundred eighty days. The 195
temporary windshield placard shall conform to the 196
specifications, in respect to size, color, and content, as 197
set forth in federal regulations published by the Department 198
of Transportation. The fee for the temporary windshield 199
placard shall be two dollars. Upon request, and for good 200
cause shown, one additional temporary windshield placard may 201
be issued to an applicant. Temporary windshield placards 202
shall be issued upon presentation of the physician's 203
statement provided by this section and shall be displayed in 204 HCS SS SCS SB 912 19
the same manner as removable windshield placards. A person 205
or entity shall be qualified to possess and display a 206
temporary removable windshield placard for six months and 207
the placard may be renewed once for an additional six months 208
if a physician's statement pursuant to this section is 209
supplied to the director of revenue at the time of renewal. 210
13. [Application for license plates or windshield 211
placards issued pursuant to this section shall be made to 212
the director of revenue and shall be accompanied by a 213
statement signed by a licensed physician or other authorized 214
health care practitioner which certifies that the applicant, 215
user, or member of the applicant's household is a physically 216
disabled person as defined by t his section. 217
14. The] A windshield placard shall be renewable only 218
by the person or entity to which the placard was originally 219
issued. Any placard issued pursuant to this section shall 220
only be used when the physically disabled occupant for whom 221
the disabled plate or placard was issued is in the motor 222
vehicle at the time of parking or when a physically disabled 223
person is being delivered or collected. A disabled license 224
plate and/or a removable windshield hanging placard are not 225
transferable and may not be used by any other person whether 226
disabled or not. 227
[15.] 14. At the time the disabled plates or 228
windshield hanging placards are issued, the director shall 229
issue a registration certificate which shall include the 230
applicant's name, add ress, and other identifying information 231
as prescribed by the director, or if issued to an agency, 232
such agency's name and address. This certificate shall 233
further contain the disabled license plate number or, for 234
windshield hanging placards, the registr ation or identifying 235
number stamped on the placard. The validated registration 236 HCS SS SCS SB 912 20
receipt given to the applicant shall serve as the 237
registration certificate. 238
[16.] 15. The director shall, upon issuing any 239
disabled registration certificate for licen se plates and/or 240
windshield hanging placards, provide information which 241
explains that such plates or windshield hanging placards are 242
nontransferable, and the restrictions explaining who and 243
when a person or vehicle which bears or has the disabled 244
plates or windshield hanging placards may be used or be 245
parked in a disabled reserved parking space, and the 246
penalties prescribed for violations of the provisions of 247
this act. 248
[17.] 16. (1) Except as otherwise provided in this 249
subsection, every [new] applicant for issuance of a disabled 250
license plate or placard shall be required to present a new 251
physician's statement dated no more than ninety days prior 252
to such application[. Renewal applicants will be required 253
to submit a physician's statement d ated no more than ninety 254
days prior to such application upon their first renewal 255
occurring on or after August 1, 2005. Upon completing 256
subsequent], and for renewal applications [,] a physician's 257
statement dated no more than ninety days prior to such 258
application shall be required every eighth year. [Such 259
physician's statement shall state the expiration date for 260
the temporary windshield placard. If the physician fails to 261
record an expiration date on the physician's statement, the 262
director shall issue the temporary windshield placard for a 263
period of thirty days. The director may stagger the 264
requirement of a physician's statement on all renewals for 265
the initial implementation of an eight -year period.] 266
(2) Notwithstanding any provision of law to the 267
contrary, if the applicant has presented proof of disability 268 HCS SS SCS SB 912 21
in the form of a statement from the United States Department 269
of Veterans Affairs verifying that the person is permanently 270
disabled, the applicant shall not be required to provide a 271
physician's statement for the purpose of issuance or renewal 272
of disabled person license plates or windshield placards. 273
(3) Notwithstanding the provisions of paragraph (f) of 274
subdivision (4) of subsection 1 of this section, any person 275
seventy-five years of age or older who provided a 276
physician's statement with the original application shall 277
not be required to provide a physician's statement for the 278
purpose of renewal of disabled person license plates or 279
windshield placards. 280
[18.] 17. The director of revenue upon receiving a 281
physician's statement pursuant to this subsection shall 282
check with the state board of registration for the healing 283
arts created in section 334.120, or the Missouri state board 284
of nursing established in section 335.021 , with respect to 285
physician's statements signed by advanced practice 286
registered nurses, or the Missouri state board of 287
chiropractic examiners established in section 331.090, with 288
respect to physician's statements signed by licensed 289
chiropractors, or with the board of optometry established in 290
section 336.130, with respect to physician's statements 291
signed by licensed optometrists, or the state board of 292
podiatric medicine created in section 330.100, with respect 293
to physician's statements signed by phy sicians of the foot 294
or podiatrists to determine whether the physician is duly 295
licensed and registered pursuant to law. [If such applicant 296
obtaining a disabled license plate or placard presents proof 297
of disability in the form of a statement from the Un ited 298
States Veterans' Administration verifying that the person is 299
permanently disabled, the applicant shall be exempt from the 300 HCS SS SCS SB 912 22
eight-year certification requirement of this subsection for 301
renewal of the plate or placard. Initial applications shall 302
be accompanied by the physician's statement required by this 303
section. Notwithstanding the provisions of paragraph (f) of 304
subdivision (4) of subsection 1 of this section, any person 305
seventy-five years of age or older who provided the 306
physician's statement with the original application shall 307
not be required to provide a physician's statement for the 308
purpose of renewal of disabled persons license plates or 309
windshield placards. 310
19.] 18. The boards shall cooperate with the director 311
and shall supply information requested pursuant to this 312
subsection. The director shall, in cooperation with the 313
boards which shall assist the director, establish a list of 314
all Missouri physicians and other authorized health care 315
practitioners and of any other informati on necessary to 316
administer this section. 317
[20.] 19. Where the owner's application is based on 318
the fact that the vehicle is used at least fifty percent of 319
the time by a physically disabled person, the applicant 320
shall submit a statement stating this fact, in addition to 321
the physician's statement. The statement shall be signed by 322
both the owner of the vehicle and the physically disabled 323
person. The applicant shall be required to submit this 324
statement with each application for license plates. No 325
person shall willingly or knowingly submit a false statement 326
and any such false statement shall be considered perjury and 327
may be punishable pursuant to section 301.420. 328
[21.] 20. The director of revenue shall retain all 329
physicians' statements an d all other documents received in 330
connection with a person's application for disabled license 331
plates and/or disabled windshield placards. 332 HCS SS SCS SB 912 23
[22.] 21. The director of revenue shall enter into 333
reciprocity agreements with other states or the federal 334
government for the purpose of recognizing disabled person 335
license plates or windshield placards issued to physically 336
disabled persons. 337
[23.] 22. When a person to whom disabled person 338
license plates or a removable or temporary windshield 339
placard or both have been issued dies, the personal 340
representative of the decedent or such other person who may 341
come into or otherwise take possession of the disabled 342
license plates or disabled windshield placard shall return 343
the same to the director of revenue under penalty of law. 344
Failure to return such plates or placards shall constitute a 345
class B misdemeanor. 346
[24.] 23. The director of revenue may order any person 347
issued disabled person license plates or windshield placards 348
to submit to an examinati on by a chiropractor, osteopath, or 349
physician, or to such other investigation as will determine 350
whether such person qualifies for the special plates or 351
placards. 352
[25.] 24. If such person refuses to submit or is found 353
to no longer qualify for spec ial plates or placards provided 354
for in this section, the director of revenue shall collect 355
the special plates or placards, and shall furnish license 356
plates to replace the ones collected as provided by this 357
chapter. 358
[26.] 25. In the event a remova ble or temporary 359
windshield placard is lost, stolen, or mutilated, the lawful 360
holder thereof shall, within five days, file with the 361
director of revenue an application and an affidavit stating 362
such fact, in order to purchase a new placard. The fee for 363
the replacement windshield placard shall be four dollars. 364 HCS SS SCS SB 912 24
[27.] 26. Fraudulent application, renewal, issuance, 365
procurement or use of disabled person license plates or 366
windshield placards shall be a class A misdemeanor. It is a 367
class B misdemeanor for a physician, chiropractor, 368
podiatrist or optometrist to certify that an individual or 369
family member is qualified for a license plate or windshield 370
placard based on a disability, the diagnosis of which is 371
outside their scope of practice or if ther e is no basis for 372
the diagnosis. 373
301.3030. 1. Notwithstanding any provision of law to 1
the contrary, no special license plates involving military 2
actions or personnel shall require a special fee for 3
issuance or personalization of on e set of such plates issued 4
to each qualified applicant. Additional sets of special 5
license plates issued to the qualified applicant may be 6
subject to fees for special license plate issuance or 7
personalization as otherwise required by law. 8
2. Any special license plates involving military 9
actions or personnel that are authorized after August 28, 10
2006, shall not limit the number of license plates any 11
person qualified for such special license plate may obtain 12
so long as each set of license plate s issued is issued for 13
vehicles owned solely or jointly by the qualified applicant. 14
301.3061. 1. Any person eligible for membership in 1
the Disabled American Veterans and who possesses a valid 2
membership card issued by the Disabled A merican Veterans may 3
apply for Missouri Disabled American Veterans license plates 4
for any motor vehicle the person owns, either solely or 5
jointly, other than an apportioned motor vehicle or a 6
commercial motor vehicle licensed in excess of twenty -four 7
thousand pounds gross weight. The Missouri Disabled 8
American Veterans hereby authorizes the use of its official 9 HCS SS SCS SB 912 25
emblem to be affixed on multiyear personalized license 10
plates as provided in this section. 11
2. Upon presentation of a current photo 12
identification, the person's valid membership card issued by 13
the Disabled American Veterans, and payment of a fifteen 14
dollar fee in addition to the regular registration fees and 15
presentation of other documents which may be required by 16
law, the department of revenue shall issue a personalized 17
license plate to the vehicle owner, which shall bear the 18
emblem of the Disabled American Veterans organization, [an 19
emblem consisting exclusively of a red letter "D", followed 20
by a white letter "A" and a blue lett er "V" in modified 21
block letters, with each letter having a black shaded 22
edging, and shall engrave the words "WARTIME DISABLED" in 23
red letters centered ] and shall have an authorized Disabled 24
American Veterans' slogan near the bottom of the plate. 25
Such license plates shall be made with fully reflective 26
material with a common color scheme and design, shall be 27
clearly visible at night, and shall be aesthetically 28
attractive, as prescribed by section 301.130. A fee for the 29
issuance of personalized lic ense plates issued under section 30
301.144 shall not be required for plates issued under this 31
section. 32
3. Any person who applies for a Disabled American 33
Veterans license plate under this section to be used on a 34
vehicle commonly known and referred t o as a pickup truck may 35
be issued a Disabled American Veterans license plate with 36
the designation "beyond local" indicated in the upper right 37
corner of the plate. 38
4. There shall be no limit on the number of license 39
plates any person qualified und er this section may obtain so 40
long as each set of license plates issued under this section 41 HCS SS SCS SB 912 26
is issued for vehicles owned solely or jointly by such 42
person. License plates issued under this section shall not 43
be transferable to any other person except tha t any 44
registered co-owner of the motor vehicle may operate the 45
motor vehicle for the duration of the year licensed in the 46
event of the death of the qualified person. 47
5. The director shall promulgate rules to implement 48
the provisions of this secti on. Any rule or portion of a 49
rule, as that term is defined in section 536.010, that is 50
created under the authority delegated in this section shall 51
become effective only if it complies with and is subject to 52
all of the provisions of chapter 536 and, if applicable, 53
section 536.028. This section and chapter 536 are 54
nonseverable and if any of the powers vested with the 55
general assembly pursuant to chapter 536 to review, to delay 56
the effective date, or to disapprove and annul a rule are 57
subsequently held unconstitutional, then the grant of 58
rulemaking authority and any rule proposed or adopted after 59
August 28, 2006, shall be invalid and void. 60
301.3180. 1. Any person who has been awarded the 1
military service award known as the "Ar my of Occupation 2
Medal" may apply for Army of Occupation Medal motor vehicle 3
license plates for any motor vehicle such person owns, 4
either solely or jointly, other than an apportioned motor 5
vehicle or a commercial motor vehicle licensed in excess of 6
twenty-four thousand pounds gross weight. 7
2. Any such person shall make application for the Army 8
of Occupation Medal license plates on a form provided by the 9
director of revenue and shall furnish such proof as a 10
recipient of the Army of Occupation Medal as the director 11
may require. The director shall then issue license plates 12
bearing letters or numbers or a combination thereof as 13 HCS SS SCS SB 912 27
determined by the director with the words "ARMY OF 14
OCCUPATION MEDAL" in place of the words "SHOW -ME STATE". 15
Such license plates shall be made with fully reflective 16
material with a common color scheme and design, shall be 17
clearly visible at night, and shall be aesthetically 18
attractive, as prescribed by section 301.130. Such plates 19
shall also bear an image of the A rmy of Occupation Medal. 20
3. There shall be a fifteen dollar fee in addition to 21
the regular registration fees charged for each set of Army 22
of Occupation Medal license plates issued pursuant to this 23
section. A fee for the issuance of personalized l icense 24
plates pursuant to section 301.144 shall not be required for 25
plates issued pursuant to this section. There shall be no 26
limit on the number of license plates any person qualified 27
pursuant to this section may obtain so long as each set of 28
license plates issued pursuant to this section is issued for 29
vehicles owned solely or jointly by such person. License 30
plates issued pursuant to the provisions of this section 31
shall not be transferable to any other person except that 32
any registered co-owner of the motor vehicle shall be 33
entitled to operate the motor vehicle with such plates for 34
the duration of the year licensed in the event of the death 35
of the qualified person. 36
302.188. 1. A person may apply to the department of 1
revenue to obtain a veteran designation on a driver's 2
license or identification card issued under this chapter by 3
providing: 4
(1) A United States Department of Defense discharge 5
document, otherwise known as a DD Form 214, that shows a 6
discharge status of "honorable" or "general under honorable 7
conditions" that establishes the person's service in the 8
Armed Forces of the United States; or 9 HCS SS SCS SB 912 28
(2) A United States Uniformed Services Identification 10
Card, otherwise known as a DD Form 2, that includes a 11
discharge status of "retired" or "reserve retired" 12
establishing the person's service in the Armed Forces of the 13
United States; or 14
(3) A United States Department of Veterans Affairs 15
photo identification card; or 16
(4) A United States military discharge document, 17
including, but not limited to, a WD AGO 53, WD AGO 55, WD 18
AGO 53-55, NAVPERS 553, NAVMC 78 PD, NAVCG 553, DD 256MC, or 19
DD 215 form, that shows a discharge status of "honorable" or 20
"general under honorable conditions"; and 21
(5) Payment of the fee for the driver's license or 22
identification card authorized under this chapter. 23
2. If the person is seeking a duplicate driver's 24
license with the veteran designation and his or her driver's 25
license has not expired, the fee shall b e as provided under 26
section 302.185. 27
3. The department of revenue shall place the veteran 28
designation on the front of driver's licenses and 29
identification cards authorized under this section [and may 30
promulgate the necessary rules for administrat ion of this 31
section]. 32
4. The department of revenue may promulgate rules as 33
necessary for the administration of this section. Any rule 34
or portion of a rule, as that term is defined in section 35
536.010, that is created under the authority delegated in 36
this section shall become effective only if it complies with 37
and is subject to all of the provisions of chapter 536 and 38
if applicable, section 536.028. This section and chapter 39
536 are nonseverable and if any of the powers vested with 40
the general assembly pursuant to chapter 536 to review, to 41 HCS SS SCS SB 912 29
delay the effective date, or to disapprove and annul a rule 42
are subsequently held unconstitutional, then the grant of 43
rulemaking authority and any rule proposed or adopted after 44
August 28, 2012, shall be invalid and void. 45
452.1200. Sections 452.1200 to 452.1258 may be cited 1
as the "Uniform Deployed Parents Custody and Visitation Act". 2
452.1202. In sections 452.1200 to 452.1258: 1
(1) "Adult" means an individual who has attained 2
eighteen years of age or an emancipated minor; 3
(2) "Caretaking authority" means the right to live 4
with and care for a child on a day -to-day basis. The term 5
includes physical custody, parenting time, right to access, 6
and visitation; 7
(3) "Child" means: 8
(a) An unemancipated individual who has not attained 9
eighteen years of age; or 10
(b) An adult son or daughter by birth or adoption, or 11
under law of this state other than sections 452.1200 to 12
452.1258, who is the su bject of a court order concerning 13
custodial responsibility; 14
(4) "Court" means a tribunal authorized under law of 15
this state other than sections 452.1200 to 452.1258 to make, 16
enforce, or modify a decision regarding custodial 17
responsibility; 18
(5) "Custodial responsibility" includes all powers and 19
duties relating to caretaking authority and decision -making 20
authority for a child. The term includes physical custody, 21
legal custody, parenting time, right to access, visitation, 22
and authority to grant limited contact with a child; 23
(6) "Decision-making authority" means the power to 24
make important decisions regarding a child, including 25
decisions regarding the child's education, religious 26 HCS SS SCS SB 912 30
training, health care, extracurricular activities, an d 27
travel. The term does not include the power to make 28
decisions that necessarily accompany a grant of caretaking 29
authority; 30
(7) "Deploying parent" means a service member, who is 31
deployed or has been notified of impending deployment and is: 32
(a) A parent of a child under law of this state other 33
than sections 452.1200 to 452.1258; or 34
(b) An individual who has custodial responsibility for 35
a child under law of this state other than sections 452.1200 36
to 452.1258; 37
(8) "Deployment" means the movement or mobilization of 38
a service member for more than ninety days but less than 39
eighteen months pursuant to uniformed service orders that: 40
(a) Are designated as unaccompanied; 41
(b) Do not authorize dependent travel; or 42
(c) Otherwise do not permit the movement of family 43
members to the location to which the service member is 44
deployed; 45
(9) "Family member" means a sibling, aunt, uncle, 46
cousin, stepparent, or grandparent of a child or an 47
individual recognized to be in a familial relationship with 48
a child under law of this state other than sections 452.1200 49
to 452.1258; 50
(10) "Limited contact" means the authority of a 51
nonparent to visit a child for a limited time. The term 52
includes authority to take the child to a place other than 53
the residence of the child; 54
(11) "Nonparent" means an individual other than a 55
deploying parent or other parent; 56
(12) "Other parent" means an individual who, in common 57
with a deploying parent, is: 58 HCS SS SCS SB 912 31
(a) A parent of a child under law of this state other 59
than sections 452.1200 to 452.1258; or 60
(b) An individual who has custodial responsibility for 61
a child under law of this state other than sections 452.1200 62
to 452.1258; 63
(13) "Record" means information that i s inscribed on a 64
tangible medium or that is stored in an electronic or other 65
medium and is retrievable in perceivable form; 66
(14) "Return from deployment" means the conclusion of 67
a service member's deployment as specified in uniformed 68
service orders; 69
(15) "Service member" means a member of a uniformed 70
service; 71
(16) "Sign" means, with present intent to authenticate 72
or adopt a record: 73
(a) To execute or adopt a tangible symbol; or 74
(b) To attach to or logically associate with the 75
record an electronic symbol, sound, or process; 76
(17) "State" means a state of the United States, the 77
District of Columbia, Puerto Rico, the United States Virgin 78
Islands, or any territory or insular possession subject to 79
the jurisdiction of th e United States; 80
(18) "Uniformed service" means: 81
(a) Active and reserve components of the Army, Navy, 82
Air Force, Marine Corps, or Coast Guard of the United States; 83
(b) The United States Merchant Marine; 84
(c) The commissioned corps o f the United States Public 85
Health Service; 86
(d) The commissioned corps of the National Oceanic and 87
Atmospheric Administration of the United States; or 88
(e) The National Guard of a state. 89 HCS SS SCS SB 912 32
452.1204. In addition to other remedi es under law of 1
this state other than sections 452.1200 to 452.1258, if a 2
court finds that a party to a proceeding under sections 3
452.1200 to 452.1258 has acted in bad faith or intentionally 4
failed to comply with sections 452.1200 to 452.1258 or a 5
court order issued under sections 452.1200 to 452.1258, the 6
court may assess reasonable attorney's fees and costs 7
against the party and order other appropriate relief. 8
452.1206. 1. A court may issue an order regarding 1
custodial responsibility under sections 452.1200 to 452.1258 2
only if the court has jurisdiction under sections 452.700 to 3
452.930. 4
2. If a court has issued a temporary order regarding 5
custodial responsibility pursuant to sections 452.1224 to 6
452.1244, the residen ce of the deploying parent is not 7
changed by reason of the deployment for the purposes of 8
sections 452.700 to 452.930 during the deployment. 9
3. If a court has issued a permanent order regarding 10
custodial responsibility before notice of deployment and the 11
parents modify that order temporarily by agreement pursuant 12
to sections 452.1214 to 452.1222, the residence of the 13
deploying parent is not changed by reason of the deployment 14
for the purposes of sections 452.700 to 452.930. 15
4. If a court in another state has issued a temporary 16
order regarding custodial responsibility as a result of 17
impending or current deployment, the residence of the 18
deploying parent is not changed by reason of the deployment 19
for the purposes of sections 452.700 to 45 2.930. 20
5. This section does not prevent a court from 21
exercising temporary emergency jurisdiction under sections 22
452.700 to 452.930. 23 HCS SS SCS SB 912 33
452.1208. 1. Except as otherwise provided in 1
subsection 4 of this section and subject to subse ction 3 of 2
this section, a deploying parent shall notify in a record 3
the other parent of a pending deployment not later than 4
seven days after receiving notice of deployment unless 5
reasonably prevented from doing so by the circumstances of 6
service. If the circumstances of service prevent giving 7
notification within the seven days, the deploying parent 8
shall give the notification as soon as reasonably possible. 9
2. Except as otherwise provided in subsection 4 of 10
this section and subject to subsec tion 3 of this section, 11
each parent shall provide in a record the other parent with 12
a plan for fulfilling that parent's share of custodial 13
responsibility during deployment. Each parent shall provide 14
the plan as soon as reasonably possible after notifi cation 15
of deployment is given under subsection 1 of this section. 16
3. If a court order currently in effect prohibits 17
disclosure of the address or contact information of the 18
other parent, notification of deployment under subsection 1 19
of this section, or notification of a plan for custodial 20
responsibility during deployment under subsection 2 of this 21
section, may be made only to the issuing court. If the 22
address of the other parent is available to the issuing 23
court, the court shall forward the no tification to the other 24
parent. The court shall keep confidential the address or 25
contact information of the other parent. 26
4. Notification in a record under subsection 1 or 2 of 27
this section is not required if the parents are living in 28
the same residence and both parents have actual notice of 29
the deployment or plan. 30 HCS SS SCS SB 912 34
5. In a proceeding regarding custodial responsibility, 31
a court may consider the reasonableness of a parent's 32
efforts to comply with this section. 33
452.1210. 1. Except as otherwise provided in 1
subsection 2 of this section, an individual to whom 2
custodial responsibility has been granted during deployment 3
pursuant to sections 452.1214 to 452.1222 or sections 4
452.1224 to 452.1244 shall notify the deploying p arent and 5
any other individual with custodial responsibility of a 6
child of any change of the individual's mailing address or 7
residence until the grant is terminated. The individual 8
shall provide the notice to any court that has issued a 9
custody or child support order concerning the child which is 10
in effect. 11
2. If a court order currently in effect prohibits 12
disclosure of the address or contact information of an 13
individual to whom custodial responsibility has been 14
granted, a notification under subsection 1 of this section 15
may be made only to the court that issued the order. The 16
court shall keep confidential the mailing address or 17
residence of the individual to whom custodial responsibility 18
has been granted. 19
452.1212. In a proceeding for custodial responsibility 1
of a child of a service member, a court may not consider a 2
parent's past deployment or possible future deployment in 3
itself in determining the best interest of the child but may 4
consider any significant impact on the best interest of the 5
child of the parent's past or possible future deployment. 6
452.1214. 1. The parents of a child may enter into a 1
temporary agreement under sections 452.1214 to 452.1222 2
granting custodial responsibility du ring deployment. 3 HCS SS SCS SB 912 35
2. An agreement under subsection 1 of this section 4
must be: 5
(1) In writing; and 6
(2) Signed by both parents and any nonparent to whom 7
custodial responsibility is granted. 8
3. Subject to subsection 4 of this section, an 9
agreement under subsection 1 of this section, if feasible, 10
must: 11
(1) Identify the destination, duration, and conditions 12
of the deployment that is the basis for the agreement; 13
(2) Specify the allocation of caretaking authority 14
among the deploying parent, the other parent, and any 15
nonparent; 16
(3) Specify any decision -making authority that 17
accompanies a grant of caretaking authority; 18
(4) Specify any grant of limited contact to a 19
nonparent; 20
(5) If under the agreement cust odial responsibility is 21
shared by the other parent and a nonparent, or by other 22
nonparents, provide a process to resolve any dispute that 23
may arise; 24
(6) Specify the frequency, duration, and means, 25
including electronic means, by which the deployin g parent 26
will have contact with the child, any role to be played by 27
the other parent in facilitating the contact, and the 28
allocation of any costs of contact; 29
(7) Specify the contact between the deploying parent 30
and child during the time the deplo ying parent is on leave 31
or is otherwise available; 32
(8) Acknowledge that any party's child -support 33
obligation cannot be modified by the agreement, and that 34 HCS SS SCS SB 912 36
changing the terms of the obligation during deployment 35
requires modification in the appropr iate court; 36
(9) Provide that the agreement will terminate 37
according to the procedures under sections 452.1246 to 38
452.1252 after the deploying parent returns from deployment; 39
and 40
(10) If the agreement must be filed pursuant to 41
section 452.1222, specify which parent is required to file 42
the agreement. 43
4. The omission of any of the items specified in 44
subsection 3 of this section does not invalidate an 45
agreement under this section. 46
452.1216. 1. An agreement under sec tions 452.1214 to 1
452.1222 is temporary and terminates pursuant to sections 2
452.1246 to 452.1252 after the deploying parent returns from 3
deployment, unless the agreement has been terminated before 4
that time by court order or modification under section 5
452.1218. The agreement does not create an independent, 6
continuing right to caretaking authority, decision -making 7
authority, or limited contact in an individual to whom 8
custodial responsibility is given. 9
2. A nonparent who has caretaking authori ty, decision- 10
making authority, or limited contact by an agreement under 11
sections 452.1214 to 452.1222 has standing to enforce the 12
agreement until it has been terminated by court order, by 13
modification under section 452.1218, or under sections 14
452.1246 to 452.1252. 15
452.1218. 1. By mutual consent, the parents of a 1
child may modify an agreement regarding custodial 2
responsibility made pursuant to sections 452.1214 to 3
452.1222. 4 HCS SS SCS SB 912 37
2. If an agreement is modified under subsection 1 of 5
this section before deployment of a deploying parent, the 6
modification must be in writing and signed by both parents 7
and any nonparent who will exercise custodial responsibility 8
under the modified agreement. 9
3. If an agreement is modified unde r subsection 1 of 10
this section during deployment of a deploying parent, the 11
modification must be agreed to in a record by both parents 12
and any nonparent who will exercise custodial responsibility 13
under the modified agreement. 14
452.1220. A deploying parent, by power of attorney, 1
may delegate all or part of custodial responsibility to an 2
adult nonparent for the period of deployment if no other 3
parent possesses custodial responsibility under law of this 4
state other than sections 452. 1200 to 452.1258, or if a 5
court order currently in effect prohibits contact between 6
the child and the other parent. The deploying parent may 7
revoke the power of attorney by signing a revocation of the 8
power. 9
452.1222. An agreement or power of attorney under 1
sections 452.1214 to 452.1222 must be filed within a 2
reasonable time with any court that has entered an order on 3
custodial responsibility or child support that is in effect 4
concerning the child who is the subject of the agree ment or 5
power. The case number and heading of the pending case 6
concerning custodial responsibility or child support must be 7
provided to the court with the agreement or power. 8
452.1224. In sections 452.1224 to 452.1244, "close and 1
substantial relationship" means a relationship in which a 2
significant bond exists between a child and a nonparent. 3
452.1226. 1. After a deploying parent receives notice 1
of deployment and until the deployment terminates, a court 2 HCS SS SCS SB 912 38
may issue a temporary order granting custodial 3
responsibility unless prohibited by the Servicemembers Civil 4
Relief Act, 50 U.S.C. Appendix Sections 521 and 522. A 5
court may not issue a permanent order granting custodial 6
responsibility without the consent o f the deploying parent. 7
2. At any time after a deploying parent receives 8
notice of deployment, either parent may file a motion 9
regarding custodial responsibility of a child during 10
deployment. The motion must be filed in a pending 11
proceeding for custodial responsibility in a court with 12
jurisdiction under section 452.1206 or, if there is no 13
pending proceeding in a court with jurisdiction under 14
section 452.1206, in a new action for granting custodial 15
responsibility during deployment. 16
452.1228. If a motion to grant custodial 1
responsibility is filed under subsection 2 of section 2
452.1226 before a deploying parent deploys, the court shall 3
conduct an expedited hearing. 4
452.1230. In a proceeding under section s 452.1224 to 1
452.1244, a party or witness who is not reasonably available 2
to appear personally may appear, provide testimony, and 3
present evidence by electronic means unless the court finds 4
good cause to require a personal appearance. 5
452.1232. In a proceeding for a grant of custodial 1
responsibility pursuant to sections 452.1224 to 452.1244, 2
the following rules apply: 3
(1) A prior judicial order designating custodial 4
responsibility in the event of deployment is binding on th e 5
court unless the circumstances meet the requirements of law 6
of this state other than sections 452.1200 to 452.1258 for 7
modifying a judicial order regarding custodial 8
responsibility; 9 HCS SS SCS SB 912 39
(2) The court shall enforce a prior written agreement 10
between the parents for designating custodial responsibility 11
in the event of deployment, including an agreement executed 12
under sections 452.1214 to 452.1222, unless the court finds 13
that the agreement is contrary to the best interest of the 14
child. 15
452.1234. 1. On motion of a deploying parent and in 1
accordance with law of this state other than sections 2
452.1200 to 452.1258, if it is in the best interest of the 3
child, a court may grant caretaking authority to a nonparent 4
who is an adult family member of the child or an adult with 5
whom the child has a close and substantial relationship. 6
2. Unless a grant of caretaking authority to a 7
nonparent under subsection 1 of this section is agreed to by 8
the other parent, the grant is limited to an amount of time 9
not greater than: 10
(1) The amount of time granted to the deploying parent 11
under a permanent custody order, but the court may add 12
unusual travel time necessary to transport the child; or 13
(2) In the absence of a permanent c ustody order that 14
is currently in effect, the amount of time that the 15
deploying parent habitually cared for the child before being 16
notified of deployment, but the court may add unusual travel 17
time necessary to transport the child. 18
3. A court may grant part of a deploying parent's 19
decision-making authority, if the deploying parent is unable 20
to exercise that authority, to a nonparent who is an adult 21
family member of the child or an adult with whom the child 22
has a close and substantial relationsh ip. If a court grants 23
the authority to a nonparent, the court shall specify the 24
decision-making powers granted, including decisions 25 HCS SS SCS SB 912 40
regarding the child's education, religious training, health 26
care, extracurricular activities, and travel. 27
452.1236. On motion of a deploying parent, and in 1
accordance with law of this state other than sections 2
452.1200 to 452.1258, unless the court finds that the 3
contact would be contrary to the best interest of the child, 4
a court shall grant limite d contact to a nonparent who is a 5
family member of the child or an individual with whom the 6
child has a close and substantial relationship. 7
452.1238. 1. A grant of authority under sections 1
452.1224 to 452.1244 is temporary and termi nates under 2
sections 452.1246 to 452.1252 after the return from 3
deployment of the deploying parent, unless the grant has 4
been terminated before that time by court order. The grant 5
does not create an independent, continuing right to 6
caretaking authority, decision-making authority, or limited 7
contact in an individual to whom it is granted. 8
2. A nonparent granted caretaking authority, decision - 9
making authority, or limited contact under sections 452.1224 10
to 452.1244 has standing to enforce the gr ant until it is 11
terminated by court order or under sections 452.1246 to 12
452.1252. 13
452.1240. 1. An order granting custodial 1
responsibility under sections 452.1224 to 452.1244 must: 2
(1) Designate the order as temporary; and 3
(2) Identify to the extent feasible the destination, 4
duration, and conditions of the deployment. 5
2. If applicable, an order for custodial 6
responsibility under sections 452.1224 to 452.1244 must: 7
(1) Specify the allocation of caretaking auth ority, 8
decision-making authority, or limited contact among the 9
deploying parent, the other parent, and any nonparent; 10 HCS SS SCS SB 912 41
(2) If the order divides caretaking or decision -making 11
authority between individuals, or grants caretaking 12
authority to one indi vidual and limited contact to another, 13
provide a process to resolve any dispute that may arise; 14
(3) Provide for liberal communication between the 15
deploying parent and the child during deployment, including 16
through electronic means, unless contrary to the best 17
interest of the child, and allocate any costs of 18
communications; 19
(4) Provide for liberal contact between the deploying 20
parent and the child during the time the deploying parent is 21
on leave or otherwise available, unless contrary to t he best 22
interest of the child; 23
(5) Provide for reasonable contact between the 24
deploying parent and the child after return from deployment 25
until the temporary order is terminated, even if the time of 26
contact exceeds the time the deploying parent s pent with the 27
child before entry of the temporary order; and 28
(6) Provide that the order will terminate pursuant to 29
sections 452.1246 to 452.1252 after the deploying parent 30
returns from deployment. 31
452.1242. If a court has issue d an order granting 1
caretaking authority under sections 452.1224 to 452.1244, or 2
an agreement granting caretaking authority has been executed 3
under sections 452.1214 to 452.1222, the court may enter a 4
temporary order for child support consistent with l aw of 5
this state other than sections 452.1200 to 452.1258 if the 6
court has jurisdiction under sections 454.1500 to 454.1730. 7
452.1244. 1. Except for an order under section 1
452.1232, except as otherwise provided in subsection 2 of 2
this section, and consistent with the Servicemembers Civil 3
Relief Act, 50 U.S.C. Appendix Sections 521 and 522, on 4 HCS SS SCS SB 912 42
motion of a deploying or other parent or any nonparent to 5
whom caretaking authority, decision -making authority, or 6
limited contact has bee n granted, the court may modify or 7
terminate the grant if the modification or termination is 8
consistent with sections 452.1224 to 452.1244 and it is in 9
the best interest of the child. A modification is temporary 10
and terminates pursuant to sections 452 .1246 to 452.1252 11
after the deploying parent returns from deployment, unless 12
the grant has been terminated before that time by court 13
order. 14
2. On motion of a deploying parent, the court shall 15
terminate a grant of limited contact. 16
452.1246. 1. At any time after return from 1
deployment, a temporary agreement granting custodial 2
responsibility under sections 452.1214 to 452.1222 may be 3
terminated by an agreement to terminate signed by the 4
deploying parent and the other parent. 5
2. A temporary agreement under sections 452.1214 to 6
452.1222 granting custodial responsibility terminates: 7
(1) If an agreement to terminate under subsection 1 of 8
this section specifies a date for termination, on that date; 9
or 10
(2) If the agreement to terminate does not specify a 11
date, on the date the agreement to terminate is signed by 12
the deploying parent and the other parent. 13
3. In the absence of an agreement under subsection 1 14
of this section to terminate, a temporary agreeme nt granting 15
custodial responsibility terminates under sections 452.1214 16
to 452.1222 sixty days after the deploying parent gives 17
notice to the other parent that the deploying parent 18
returned from deployment. 19 HCS SS SCS SB 912 43
4. If a temporary agreement granting cu stodial 20
responsibility was filed with a court pursuant to section 21
452.1222, an agreement to terminate the temporary agreement 22
also must be filed with that court within a reasonable time 23
after the signing of the agreement. The case number and 24
heading of the case concerning custodial responsibility or 25
child support must be provided to the court with the 26
agreement to terminate. 27
452.1248. At any time after a deploying parent returns 1
from deployment, the deploying parent and the othe r parent 2
may file with the court an agreement to terminate a 3
temporary order for custodial responsibility issued under 4
sections 452.1224 to 452.1244. After an agreement has been 5
filed, the court shall issue an order terminating the 6
temporary order effective on the date specified in the 7
agreement. If a date is not specified, the order is 8
effective immediately. 9
452.1250. After a deploying parent returns from 1
deployment until a temporary agreement or order for 2
custodial responsibility established under sections 452.1214 3
to 452.1222 or sections 452.1224 to 452.1244 is terminated, 4
the court shall issue a temporary order granting the 5
deploying parent reasonable contact with the child unless it 6
is contrary to the best interest of the child, even if the 7
time of contact exceeds the time the deploying parent spent 8
with the child before deployment. 9
452.1252. 1. If an agreement between the parties to 1
terminate a temporary order for custodial responsibility 2
under sections 452.1224 to 452.1244 has not been filed, the 3
order terminates sixty days after the deploying parent gives 4
notice to the other parent and any nonparent granted 5 HCS SS SCS SB 912 44
custodial responsibility that the deploying parent has 6
returned from deployment. 7
2. A proceeding seeking to prevent termination of a 8
temporary order for custodial responsibility is governed by 9
law of this state other than sections 452.1200 to 452.1258. 10
452.1254. In applying and construing sections 452.1200 1
to 452.1258, consideration must be given to the need to 2
promote uniformity of the law with respect to its subject 3
matter among states that enact it. 4
452.1256. Sections 452.1200 to 452.1258 modify, limit, 1
or supersede the Electronic Sig natures in Global and 2
National Commerce Act, 15 U.S.C. Section 7001 et seq., but 3
do not modify, limit, or supersede Section 101(c) of that 4
act, 15 U.S.C. Section 7001(c), or authorize electronic 5
delivery of any of the notices described in Section 103(b ) 6
of that act, 15 U.S.C. Section 7003(b). 7
452.1258. Sections 452.1200 to 452.1258 do not affect 1
the validity of a temporary court order concerning custodial 2
responsibility during deployment which was entered before 3
August 28, 2024. 4
620.3305. 1. Subject to appropriations, the 1
department of economic development shall establish the 2
"Missouri Veterans and Job Opportunity Grant Program". 3
2. As used in this section, the following terms mean: 4
(1) "Eligible employer", any employer registered to do 5
business in Missouri that has paid wages to an individual in 6
a targeted group as defined in 26 U.S.C. Section 51, as 7
amended; 8
(2) "Grant", financial support provided by the state 9
to eligible employers, c alculated as a percentage of the 10
federal work opportunity tax credit claimed for eligible 11
hires as allowed under 26 U.S.C. Section 51, as amended; 12 HCS SS SCS SB 912 45
(3) "Targeted groups", has the same meaning as defined 13
under 26 U.S.C. Section 51, relating to the f ederal Work 14
Opportunity Tax Credit (WOTC); and 15
3. (1) There is hereby created in the state treasury 16
the "Missouri Veterans and Job Opportunity Grant Program 17
Fund". The fund shall consist of any appropriations to such 18
fund and any gifts, contrib utions, grants, or bequests 19
received from private or other sources. The state treasurer 20
shall be custodian of the fund. In accordance with sections 21
30.170 and 30.180, the state treasurer may approve 22
disbursements of public moneys in accordance with 23
distribution requirements and procedures developed by the 24
department of economic development. The fund shall be a 25
dedicated fund and, upon appropriation, moneys in the fund 26
shall be used solely for the administration of this section. 27
(2) Notwithstanding the provisions of section 33.080 28
to the contrary, any moneys remaining in the fund at the end 29
of the biennium shall not revert to the credit of the 30
general revenue fund. 31
(3) The state treasurer shall invest moneys in the 32
fund in the same manner as other funds are invested. Any 33
interest and moneys earned on such investments shall be 34
credited to the fund. 35
4. The department of economic development shall 36
administer the grant, disbursing funds to eligible employers 37
based on applications received. 38
(1) (a) The department shall determine the grant 39
percentage annually, which shall be a portion of the federal 40
WOTC claimed by the employer for each eligible hire. This 41
percentage shall be contingent upon the available funds in 42
the Missouri veterans and job opportunity grant program fund. 43 HCS SS SCS SB 912 46
(b) At least fifty percent of the funds available 44
during a fiscal year to provide grants pursuant to this 45
section shall be reserved for eligible employers paying 46
wages to a qualified veter an, as such term is used in 26 47
U.S.C. Section 51(d). Any amount of such reserved funds 48
that is not claimed may be disbursed for wages paid to a 49
member of any other targeted group. 50
(2) Eligible employers must submit an application in a 51
form prescribed by the department, including detailed 52
information on the federal WOTC claimed and the impact of 53
such hires. 54
(3) Employers shall provide proof of eligibility for 55
the federal WOTC and documentation of the continued 56
employment of individuals f rom targeted groups. 57
5. The department of economic development shall 58
promulgate all necessary rules and regulations for the 59
administration of this section. Any rule or portion of a 60
rule, as that term is defined in section 536.010, that is 61
created under the authority delegated in this section shall 62
become effective only if it complies with and is subject to 63
all of the provisions of chapter 536 and, if applicable, 64
section 536.028. This section and chapter 536 are 65
nonseverable and if any of the powers vested with the 66
general assembly pursuant to chapter 536 to review, to delay 67
the effective date, or to disapprove and annul a rule are 68
subsequently held unconstitutional, then the grant of 69
rulemaking authority and any rule proposed or adopted a fter 70
August 28, 2024, shall be invalid and void. 71
Section B. Section 115.085 of section A of this act 1
shall become effective on January 1, 2025. 2
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