160.459. Program established--definitions--funding for schools, eligibility--procedures established--rulemaking authority--fund created--sunset provision.
Program established--definitions--funding for schools,eligibility--procedures established--rulemaking authority--fundcreated--sunset provision.
160.459. 1. There is hereby established the "Rebuild Missouri SchoolsProgram" under which the state board of education shall distribute no-interestfunding to eligible school districts from moneys appropriated by the generalassembly to the rebuild Missouri schools program fund for the purposes of thissection 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 oneor more school facilities that have experienced severe damage or destructiondue to an act of God or extreme weather events, including but not limited totornado, flood, or hail;
(2) "Emergency project", reconstruction, replacement or renovation of,or repair to, any school facilities located in an area that has been declareda disaster area by the governor or President of the United States because ofsevere damage;
(3) "Fund", the rebuild Missouri schools fund created by this sectionand funded by appropriations of the general assembly;
(4) "Severe damage", such level of damage as to render all or asubstantial portion of a facility within a school district unusable for thepurpose for which it was being used immediately prior to the event that causedthe damage.
3. Under rules and procedures established by the state board ofeducation, eligible school districts may receive moneys from the fund to payfor the costs of one or more emergency projects.
4. Each eligible school district applying for such funding shall enterinto an agreement with the state board of education which shall provide forall of the following:
(1) The funding shall be used only to pay the costs of an emergencyproject;
(2) The eligible school district shall pay no interest for the funding;
(3) The eligible school district shall, subject to annual appropriationas provided in this section, repay the amount of the funding to the fund inannual installments, which may or may not be equal in amount, not more thantwenty years from the date the funding is received by the eligible schooldistrict. If the fund is no longer in existence, the eligible school districtshall repay the amount of the funding to the general revenue fund;
(4) The repayment described in subdivision (3) of this subsection shallannually be subject to an appropriation by the board of education of theeligible school district to make such repayment, such appropriation to be, atthe discretion of the eligible school district, from such district'sincidental fund or capital projects fund;
(5) As security for the repayment, a pledge from the eligible schooldistrict to the state board of education of the use and occupancy of theschool facilities constituting the emergency project for a period ending notearlier than the date the repayment shall be completed; and
(6) Such other provisions as the state board of education shall providefor in its rules and procedures or as to which the state board of educationand the eligible school district shall agree.
5. The amount of funding awarded by the state board of education for anyemergency project shall not exceed the cost of that emergency project less theamount of any insurance proceeds or other moneys received by the eligibleschool district as a result of the severe damage. If the eligible schooldistrict receives such insurance proceeds or other moneys after it receivesfunding under the rebuild Missouri schools program, it shall pay to the stateboard of education the amount by which the sum of the funding under therebuild Missouri schools program plus the insurance proceeds and other moneysexceeds 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 anappropriation 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 fundso long as it is in existence and may be used by the state board of educationto provide additional funding under the rebuild Missouri schools program. Ifthe fund is no longer in existence, repayments shall be paid to the generalrevenue 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 forpurposes of any constitutional or statutory debt limitation applicable to aneligible school district.
8. The state board of education shall establish procedures, criteria,and deadlines for eligible school districts to follow in applying forassistance under this section. The state board of education shall promulgaterules and regulations necessary to implement this section. No regulations,procedures, or deadline shall be adopted by the state board of education thatwould serve to exclude or limit any public school district that receivedsevere damage after April 1, 2006, from participation in the programestablished by this section. Any rule or portion of a rule, as that term isdefined in section 536.010, RSMo, that is created under the authoritydelegated in this section shall become effective only if it complies with andis subject to all of the provisions of chapter 536, RSMo, and, if applicable,section 536.028, RSMo. This section and chapter 536, RSMo, are nonseverableand if any of the powers vested with the general assembly pursuant to chapter536, RSMo, to review, to delay the effective date, or to disapprove and annula rule are subsequently held unconstitutional, then the grant of rulemakingauthority and any rule proposed or adopted after August 28, 2008, shall beinvalid and void.
9. There is hereby created in the state treasury the "Rebuild MissouriSchools Fund", which shall consist of money appropriated or collected underthis section. The state treasurer shall be custodian of the fund and mayapprove disbursements from the fund in accordance with sections 30.170 and30.180, RSMo. Upon appropriation, money in the fund shall be used solely forthe purposes of this section. Any moneys remaining in the fund at the end ofthe biennium shall revert to the credit of the general revenue fund. Thestate treasurer shall invest moneys in the fund in the same manner as otherfunds are invested. Any interest and moneys earned on such investments shallbe credited to the fund.
10. Pursuant to section 23.253, RSMo, of the Missouri sunset act:
(1) The provisions of the new program authorized under this sectionshall sunset automatically six years after July 10, 2008, unless reauthorizedby an act of the general assembly; and
(2) If such program is reauthorized, the program authorized under thissection shall sunset automatically twelve years after the effective date ofthe reauthorization of this section; and
(3) This section shall terminate on September first of the calendar yearimmediately following the calendar year in which the program authorized underthis section is sunset.
(L. 2008 S.B. 1170)Effective 7-10-08
Sunset date 7-10-14, unless reauthorized
Termination date 09-01-15, unless reauthorized.