SECOND REGULAR SESSION
93RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES HARRIS (23) (Sponsor) AND STORCH (Co-sponsor).
Read 1st time February 6, 2006 and copies ordered printed.
STEPHEN S. DAVIS, Chief Clerk
AN ACT
To amend chapter 173, RSMo, by adding thereto one new section relating to the twenty-first century Missouri scholars program.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 173, RSMo, is amended by adding thereto one new section, to be known as section 173.191, to read as follows:
173.191. 1. There is hereby established the "Twenty-first Century Missouri Scholars Program" to be administered by the department of higher education. A student who meets the following criteria is eligible for the program:
(1) Is a resident of Missouri and a citizen of the United States or a lawful permanent resident;
(2) Is a student enrolled in grade seven or eight in a school district or private school in Missouri, and agrees in writing, on a document also signed by the student's parent or guardian, that the student will:
(a) Graduate from a public or private high school in Missouri with a curricula that meets the admission criteria of a community college or a public institution of higher education;
(b) Achieve a cumulative grade point average on graduation of at least two point zero on a four point grading scale, or its equivalent if another grading scale is used, for courses taken by the student in grades nine through twelve;
(c) Not illegally use controlled substances;
(d) Not use tobacco products;
(e) Not operate a motor vehicle while intoxicated;
(f) Not be adjudicated as a delinquent, not become a runaway child, or not become a truant;
(3) Is a child receiving foster care services paid for by the state or funded in whole or in part under Title IV-E of the federal Social Security Act, or is a child eligible for free or reduced price meals under the federal National School Lunch Act and the federal Child Nutrition Act of 1966;
(4) Applies in a timely manner for admission to a public community college or a public institution of higher education in the state of Missouri;
(5) Applies in a timely manner for any federal and state student financial assistance available to the student to attend a public community college, or public institution of higher education in the state Missouri;
(6) Files a new application, and parents confidential statement as applicable, annually on the basis of which the applicant's eligibility for a renewed scholarship shall be evaluated and determined.
2. (1) There is hereby created in the state treasury the "Twenty-first Century Missouri Scholars Fund" as a separate fund under the control of the commissioner of higher education. The fund shall consist of moneys appropriated and made available to the commissioner of higher education for scholarships under this section. The state treasurer shall be custodian of the fund and shall disburse moneys from the fund in accordance with sections 30.170 and 30.180, RSMo. Upon appropriation, moneys in the fund shall be used solely for scholarships for students meeting all of the requirements of this section, including meeting the requirements of subdivision (2) of subsection 1 of this section. Scholarships awarded under this section shall not exceed the resident tuition rate and mandatory fees for the program of enrollment established for public institutions of higher education in this state.
(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.
3. If the commissioner finds that a student receiving a scholarship under the program discontinues attendance before the end of any academic period or has violated the agreement signed under subsection 1 of this section, but the discontinuance or violation of the agreement occurs after scholarship moneys have been paid for the academic period, the entire amount of any refund due the student, up to the amount of any payments made by the state, shall be remitted by the postsecondary institution to the commissioner.
4. A qualified resident student in good standing at a public community college or public institution of higher education in this state may receive scholarships for not more than eight semesters of undergraduate study or the trimester or quarter equivalent if attending an institution on a full-time basis, or for not more than sixteen semesters of undergraduate study or the trimester or quarter equivalent if attending on a part-time basis. A qualified resident student may defer acceptance of scholarships awarded under this section for up to two years following the student's graduation from high school so that the student may pursue military or other obligations.
5. Each public community college or public institution of higher education which enrolls a student receiving a scholarship in accordance with this section shall develop a specific mentoring program to assist the scholarship recipients through particularized academic and social counseling.
6. The commissioner of higher education may 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, 2006, shall be invalid and void.
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