SB686 - Articulates conditions upon which school districts may transfer unrestricted funds
||Articulates conditions upon which school districts may transfer unrestricted funds
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|LR Number:||2010S.10T ||Fiscal Note:||2010-10|
|Last Action:||06/23/03 - Signed by Governor ||Journal page:|| |
|Title:||CCS HS HCS SCS SB 686 |
|Effective Date:||Emergency Clause |
CCS/HS/HCS/SCS/SB 686 - This act articulates the conditions
upon which school districts may transfer unrestricted funds.
SPECIAL PRIMARY ELECTION - This act designates a special primary
election on August 5, 2003, for the purpose of permitting school
districts and other political subdivisions to incur debt with the
approval of four-sevenths of the eligible voters in order to
provide funds to repair damage caused by inclement weather in
April and May of 2003. This section contains an emergency clause
NONPARTISAN, UNCONTESTED SCHOOL BOARD ELECTIONS - Currently,
school board elections are excluded from a provision of law which
states that an election shall not take place if the number of
candidates who have filed for a particular office is equal to the
number of positions in that office. This section removes the
aforementioned school board election exclusion (Section 115.124).
MEMBERSHIP QUALIFICATIONS FOR SCHOOL BOARDS - The act asserts
that no school board of any public school shall hire a spouse of
any member of such board unless the position has been advertised
pursuant to board policy and the superintendent of schools
submits a written recommendation for the employment of the spouse
to the board of education. The names of all applicants as well
as the name of the applicant hired for the position are to be
included in the board minutes (Section 162.261).
This section contains provisions similar to the perfected SB
SCHOOL DISTRICT BOUNDARY CHANGES - This act applies standards to
be utilized by the Board of Arbitration in determining whether a
proposed school district boundary change is necessary. The
standards for such a determination include the presence of:
school-aged children in the affected area; actual educational
harm to school-age children (significant differences in
transportation time or educational opportunities); an educational
necessity, not a commercial benefit to landowners (Section
This section contains the provisions of SB 519.
MEMBERSHIP QUALIFICATIONS FOR SCHOOL BOARDS - This act removes a
provision of law which disallows any person from running for the
Board of Education of the St. Louis Public Schools who is
employed by the school district or who is related to an employee
of the school district within the second degree of affinity or
consanguinity. Second degree of affinity or consanguinity is
defined as a spouse, parent, child, grandparent, brother, sister,
grandchild, mother-in-law, father-in-law, daughter-in-law, or
son-in-law (Section 162.601).
This section contains provisions of the perfected SB 422.
EDUCATIONAL SERVICE AGENCIES - This act authorizes school
districts to designate an educational service agency, organized
as a nonprofit corporation, for the purpose of developing,
managing, and providing instructional services or programs to the
participating district or districts (Section 162.1180).
This section contains provisions identical to HB 400 and
similar to SB 204.
ALTERS CONDITIONS BY WHICH A SCHOOL DISTRICT MAY TRANSFER MONEYS
TO AND FROM CERTAIN FUNDS - The act deletes a provision which
disallows school districts from making expenditures for certain
lease purchase obligations from the district's capital projects
fund unless the district levies, in the current year, a tax rate
in the capital projects fund which is sufficient to generate
revenues equal to or greater than the amount of such expenditure
and collects such revenues and credits such revenues to the
capital projects fund.
Further, the act alters the conditions by which a school
district may transfer moneys from the incidental fund to the
capital projects fund. The subsections prescribe that any amount
expended from the incidental fund for classroom instructional
capital outlays must be subtracted from the 9% of the district's
entitlement used to calculate the limit on such transfers.
Also, the act modifies the qualifications for school
districts making transfers from the incidental fund to the
capital projects fund by deleting the minimum levy and
lease-purchase conditions and substituting compliance with
provisions concerning compensation of certificated staff in the
second preceding year or payment of all penalties for the second
preceding year (Subsections 2,4 & 7 - Section 165.011)
These subsections contain several of the provisions of the
The act allows school districts to transfer unrestricted
funds from the capital projects fund to the incidental fund in
any year in which that year's June 30 combined incidental and
teachers funds unrestricted balance compared to the combined
incidental and teachers funds expenditures would be less than ten
percent without such transfer (Subsection 13 - Section 165.011).
The provisions of this subsection are identical to SCS/SB 686.
The act clarifies provisions relating to qualified zone
academy bonds by formulating fiscal procedures for school
districts that have issued qualified zone academy bonds pursuant
to federal law but have incorrectly handled the placement of the
bond proceeds in the districts' accounts (Subsection 14 - Section
165.011). The provisions of this subsection are similar to those
contained in HB 706.
The act allows two specific school districts to make a one-
time additional transfer from the incidental fund to the capital
projects fund for the completion of a sewer project (Subsection
15 - Section 165.011).
The act allows one specific school district to make a one-
time additional transfer from the incidental fund to the capital
projects fund for the purpose of improving the library media and
technology center that serves the district's high school and
middle school (Subsection 16 - Section 165.011).
The act lays out conditions under which certain school
district may refinance certain lease-purchase obligations
(Subsection 17 - Section 165.011). This subsection contains one
of the provisions of the SCS/SB 215. Section 165.011 contains an
SALARY COMPLIANCE PROVISIONS - This act asserts that in any
fiscal year that the state distributes 96% or less for the
formula than it did in fiscal year 2002, certain districts shall
not be obligated to comply with the salary compliance provisions
of Section 165.016, RSMo. The act prescribes that the district
must have unrestricted fund balances in the combined incidental
and teacher funds on June 30th of the preceding year which is
equal to or less than seventeen percent of the combined
expenditures for the preceding year from these funds as a
condition for said non-compliance.
Further, this act articulates another set of specifications
school districts may meet in order to be exempt from the salary
compliance provisions of the section:
- School districts with ten percent or more of its assessed
valuation owned by one person or corporation who is delinquent in
a property tax payment;
- School districts with unrestricted fund balances in the
combined incidental and teacher funds on June thirtieth of the
preceding year which are equal to or less than one half of the
local property tax revenue for the previous year; and
- School districts which receive in the current fiscal year
ninety-six percent (or less) of their fiscal year 2002 formula
distribution (Section 165.016 ).
This section contains provisions similar to the SS/SCS/SB 264.
This section contains an emergency clause.
DELETES SCHOOL YEAR START DATE PROVISION - This act removes a
provision of law which prohibits public schools from beginning
the school year earlier than September 1 (Section 171.031).
SCHOOL DISTRICT ADVERTISING/BID REQUIREMENTS - This act raises
from $12,500 to $15,000 the threshold utilized in order to
require bids for school construction projects. It clarifies that
the two-consecutive-week advertisement requirement is met with
advertisements once a week within the two consecutive weeks and
that advertising may be in business or trade papers (Section
BOARD OF THERAPEUTIC MASSAGE'S EDUCATIONAL REQUIREMENTS FOR
LICENSURE - The Board of Therapeutic Massage has promulgated a
rule (4 CSR 197-2.010) which requires as a condition for
application for a massage therapy license that a person complete
"massage therapy studies consisting of at least five hundred
(500) clock hours of supervised instruction in a Coordinating
Board of Higher Education(CBHE) certified school". However, the
CBHE only certifies private schools.
This act adds a provision to the Board of Therapeutic
Massage's educational requirements for licensure by stating that
the board must allow clock hours of supervised instruction at a
vocational technical school as an option for candidates applying
for a massage therapy license (Section 324.245).
PIPELINE CAPACITY COSTS FOR SCHOOLS WHICH AGGREGATELY PURCHASE
NATURAL GAS - This act requires the Public Service Commission to
treat a gas corporation's pipeline capacity costs for schools
which aggregately purchase natural gas in the same manner as
large industrial or commercial basic transportation customers
MENINGOCOCCAL DISEASE/ON-CAMPUS HOUSING - The act requires every
public institution of higher education in this state to require
all students who reside in on-campus housing to sign a written
waiver stating that the institution has provided the student with
detailed written information of the risks associated with
meningococcal disease and the availability and effectiveness of
the meningococcal vaccine (Section 1).