Section 160.459

Title XI EDUCATION AND LIBRARIES

Chapter 160

Effective - 10 Jul 2008, 2 histories, see footnote   (history) 

  160.459.  Program established — definitions — funding for schools, eligibility — procedures established — rulemaking authority — fund created — sunset provision. — 1.  There is hereby established the "Rebuild Missouri Schools Program" under which the state board of education shall distribute no-interest funding to eligible school districts from moneys appropriated by the general assembly to the rebuild Missouri schools program fund for the purposes of this section to assist in paying the costs of emergency projects.

  2.  As used in this section, the following terms mean:

  (1)  "Eligible school district", any public school district that has one or more school facilities that have experienced severe damage or destruction due to an act of God or extreme weather events, including but not limited to tornado, flood, or hail;

  (2)  "Emergency project", reconstruction, replacement or renovation of, or repair to, any school facilities located in an area that has been declared a disaster area by the governor or President of the United States because of severe damage;

  (3)  "Fund", the rebuild Missouri schools fund created by this section and funded by appropriations of the general assembly;

  (4)  "Severe damage", such level of damage as to render all or a substantial portion of a facility within a school district unusable for the purpose for which it was being used immediately prior to the event that caused the damage.

  3.  Under rules and procedures established by the state board of education, eligible school districts may receive moneys from the fund to pay for the costs of one or more emergency projects.

  4.  Each eligible school district applying for such funding shall enter into an agreement with the state board of education which shall provide for all of the following:

  (1)  The funding shall be used only to pay the costs of an emergency project;

  (2)  The eligible school district shall pay no interest for the funding;

  (3)  The eligible school district shall, subject to annual appropriation as provided in this section, repay the amount of the funding to the fund in annual installments, which may or may not be equal in amount, not more than twenty years from the date the funding is received by the eligible school district.  If the fund is no longer in existence, the eligible school district shall repay the amount of the funding to the general revenue fund;

  (4)  The repayment described in subdivision (3) of this subsection shall annually be subject to an appropriation by the board of education of the eligible school district to make such repayment, such appropriation to be, at the discretion of the eligible school district, from such district's incidental fund or capital projects fund;

  (5)  As security for the repayment, a pledge from the eligible school district to the state board of education of the use and occupancy of the school facilities constituting the emergency project for a period ending not earlier than the date the repayment shall be completed; and

  (6)  Such other provisions as the state board of education shall provide for in its rules and procedures or as to which the state board of education and the eligible school district shall agree.

  5.  The amount of funding awarded by the state board of education for any emergency project shall not exceed the cost of that emergency project less the amount of any insurance proceeds or other moneys received by the eligible school district as a result of the severe damage.  If the eligible school district receives such insurance proceeds or other moneys after it receives funding under the rebuild Missouri schools program, it shall pay to the state board of education the amount by which the sum of the funding under the rebuild Missouri schools program plus the insurance proceeds and other moneys exceeds the cost of the emergency project.  Such payment shall:

  (1)  Be made at the time the annual payment under the agreement is made;

  (2)  Be made whether or not the eligible school district has made an appropriation for its annual payment;

  (3)  Be in addition to the annual payment; and

  (4)  Not be a credit against the annual payment.

  6.  Repayments from eligible school districts shall be paid into the fund so long as it is in existence and may be used by the state board of education to provide additional funding under the rebuild Missouri schools program.  If the fund is no longer in existence, repayments shall be paid to the general revenue fund.

  7.  The funding provided for under the rebuild Missouri schools program, and the obligation to repay such funding, shall not be taken into account for purposes of any constitutional or statutory debt limitation applicable to an eligible school district.

  8.  The state board of education shall establish procedures, criteria, and deadlines for eligible school districts to follow in applying for assistance under this section.  The state board of education shall promulgate rules and regulations necessary to implement this section.  No regulations, procedures, or deadline shall be adopted by the state board of education that would serve to exclude or limit any public school district that received severe damage after April 1, 2006, from participation in the program established by this section.  Any rule or portion of a rule, as that term is defined in section 536.010, 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 and, if applicable, section 536.028.  This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 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, 2008, shall be invalid and void.

  9.  There is hereby created in the state treasury the "Rebuild Missouri Schools Fund", which shall consist of money appropriated or collected under this section.  The state treasurer shall be custodian of the fund and may approve disbursements from the fund in accordance with sections 30.170 and 30.180.  Upon appropriation, money in the fund shall be used solely for the purposes of this section.  Any moneys remaining in the fund at the end of the biennium shall revert to the credit of the general revenue fund.  The state treasurer shall invest moneys in the fund in the same manner as other funds are invested.  Any interest and moneys earned on such investments shall be credited to the fund.

  10.  Pursuant to section 23.253 of the Missouri sunset act:

  (1)  The provisions of the new program authorized under this section shall sunset automatically six years after July 10, 2008, unless reauthorized by an act of the general assembly; and

  (2)  If such program is reauthorized, the program authorized under this section shall sunset automatically twelve years after the effective date of the reauthorization of this section; and

  (3)  This section shall terminate on September first of the calendar year immediately following the calendar year in which the program authorized under this section is sunset.

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(L. 2008 S.B. 1170)

Effective 7-10-08

Sunset date 7-10-14

Termination date 09-01-15