0043L.01I                                                                                                                                                  D. ADAM CRUMBLISS, Chief Clerk



To amend chapter 173, RSMo, by adding thereto one new section relating to professors at state institutions of higher education, with a penalty provision.

Be it enacted by the General Assembly of the state of Missouri, as follows:

            Section A. Chapter 173, RSMo, is amended by adding thereto one new section, to be known as section 173.1115, to read as follows:

            173.1115. 1. Notwithstanding any other law, beginning January 1, 2010, all professors employed full time at any public institution of higher education in this state, and all tenured professors employed full time or less than full time at any public institution of higher education in this state, shall be residents of the state of Missouri.

            2. Professors currently employed who are required to meet the residency requirement of subsection 1 of this section shall present proof of residency to the employing institution prior to January 1, 2010. Professors hired on or after January 1, 2010, shall submit residency documentation on the starting date of employment. The employment of any professor failing to provide the required residency documentation of this section shall be immediately terminated by the employing institution.

            3. Prior to approval of any appropriations by the general assembly for the employing institution, the registrar for each institution shall annually certify to the education appropriations committee of the house of representatives and the appropriations committee of the senate that the institution has not knowingly employed any person failing to meet the residency requirements of this section. Any employing institution who knows or should have known that individuals in their employ have failed to meet the residency requirements of this section shall be subject to a fine equal to the yearly salary of the professor or professors employed in violation of this section.

            4. Professors classified as "visiting professors" by the employing institution of higher education shall be exempt from the residency requirements of this section.

            5. The department of higher education may promulgate rules and regulations for the purpose of carrying out the provisions of this section. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2009, shall be invalid and void.