SECOND REGULAR SESSION
92ND GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES BRINGER (Sponsor), JONES, WITTE, HENKE, RANSDALL,
SHOEMYER AND WALLACE (Co-sponsors).Read 1st time February 19, 2004, and copies ordered printed.
STEPHEN S. DAVIS, Chief Clerk
AN ACT
To amend chapters 163 and 620, RSMo, by adding thereto two new sections relating to economic development through community schools fund.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapters 163 and 620, RSMo, are amended by adding thereto two new sections, to be known as sections 163.197 and 620.035, to read as follows:
163.197. 1. In any fiscal year in which the foundation formula is funded at a rate less than ninety-five percent, any public school located in a county of the second, third, or fourth classification, or a public school in an area designated as a distressed community under section 135.530, RSMo, may apply to the economic development through community schools fund established under section 620.035, RSMo, for moneys to be used to preserve the presence of a school building when such school building is the only school serving those grades in the community, town, or municipality. Moneys shall be used for operation of building facilities, including, but not limited to, maintenance and upkeep, heating and cooling, utilities, and building supplies.
2. The department of elementary and secondary education shall notify the department of economic development in years in which the foundation formula is funded at a rate less than ninety-five percent.
3. The department of economic development shall promulgate rules to implement 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, 2004, shall be invalid and void.
620.035. 1. There is hereby created in the state treasury the "Economic Development Through Community Schools Fund", which shall consist of moneys appropriated by the general assembly to the fund. The fund shall be administered by the department of economic development, in consultation with the department of elementary and secondary education. Moneys in the fund shall be used solely for the purposes established in section 163.197, RSMo.
2. Notwithstanding the provisions of section 33.080, RSMo, to the contrary, any moneys remaining in the fund at the end of the biennium shall not revert to the credit of the general revenue fund.
3. 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.