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Section: 160.0459 Program established--definitions--funding for schools, eligibility--procedures established--rulemaking authority--fund created--sunset provision. RSMO 160.459


Published: 2015

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Missouri Revised Statutes













Chapter 160

Schools--General Provisions

←160.457

Section 160.459.1

160.480→

August 28, 2015

Program established--definitions--funding for schools, eligibility--procedures established--rulemaking authority--fund created--sunset provision.

160.459. 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.



(L. 2008 S.B. 1170)



Effective 7-10-08



Sunset date 7-10-14



Termination date 09-01-15







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