Frank Radman

SENATE BILL

Be it enacted by the Missouri YMCA General Assembly as follows:

An ACT To repeal section 177.031, RSMo, and to enact in lieu thereof two new sections related Care of property and purchase of supplies — free use of buildings and grounds for public purpose.

Section A. Section 177.031, RSMo, is repealed and one new section enacted in lieu thereof, to be known as section 177.031, to read as follows: 

177.031.  Care of property and purchase of supplies — free use of buildings and grounds for public purpose. — 1.  The school board has the care and keeping of all property belonging to the district and shall provide the necessary globes, maps, charts, apparatus, supplementary books, textbooks, laboratory equipment, robotics parts, classroom technology, and other material for the use of the school.  The board shall keep the schoolhouses and other buildings in good repair, the grounds belonging thereto in good condition, and shall provide fuel, heating apparatus, and other material and appliances necessary for the proper heating, lighting, ventilation and sanitation of the schoolhouses; shall have the floors swept and fires made at the expense of the district, and cause an accurate account of the expense thereof to be kept and a report and settlement to be made at the next annual meeting or as required by law.

2.  The school board having charge of the schoolhouses, buildings and grounds appurtenant thereto may allow the free use of the houses, buildings and grounds for the free discussion of public questions or subjects of general public interest, for the meeting of organizations of citizens, and for any other civic, social and educational purpose that will not interfere with the prime purpose to which the houses, buildings and grounds are devoted.  If an application is granted and the use of the houses, buildings, or grounds is permitted for the purposes aforesaid, the school board may provide, free of charge, heat, light and janitor service therein when necessary, and may make any other provisions, free of charge, needed for the convenient and comfortable use of the houses, buildings and grounds for such purposes, or the school boards may require the expenses to be paid by the organizations or persons who are allowed the use of the houses, buildings and grounds.  All persons upon whose application or at whose request the use of any schoolhouse, building, or part thereof, or any grounds appurtenant thereto, is permitted as herein provided shall be jointly and severally liable for any injury or damage thereto which directly results from the use, ordinary wear and tear excepted.

Section B. Chapter 177, RSMo, is amended by adding thereto one new section to be known as section 177.089, to read as follows: 

177.089.  Missouri School Materials Reuse and Donation Act. — authorization. — program administration. —  inventory and portal — exclusions. — data security. — liability protection. — waste management and disposal. — funding. — reporting. — rulemaking. — 1. School districts may transfer or donate surplus personal property, including textbooks, laboratory equipment, robotics parts, and classroom technology, to other Missouri school districts or charter schools. Such transfers shall be consistent with RSMo §177.073 and §177.088.

2. The Department of Elementary and Secondary Education shall establish and oversee a statewide voluntary program to promote the reuse and redistribution of surplus instructional materials.

3.  Participating districts shall inventory available surplus materials and post them on a Department of Elementary and Secondary Education-managed online portal. Eligible recipients may request available materials through the portal on a first-come, first-served basis.

4.  Hazardous chemicals, regulated biological agents, prescription drugs, perishable materials, and any other high-risk or restricted items shall be excluded from transfer.

5. All electronic devices transferred under this Act must be sanitized in accordance with National Institute of Standards and Technology (NIST) Special Publication 800-88. A Data Sanitization Certificate shall be completed and retained by the donating district.

6. A district or nonprofit entity that donates materials under this act shall not be held liable for damages arising from the use or condition of donated materials, provided that all program and safety protocols are followed.

7. All materials unsuitable for reuse shall be disposed of in accordance with federal and state environmental regulations, including the Resource Conservation and Recovery Act and rules of the Missouri Department of Natural Resources. The Department shall issue disposal guidelines covering hazardous chemicals, electronic waste under RSMo 260.1050–260.1100, and recyclable materials. Districts must document disposal actions for at least three years, subject to Department of Elementary and Secondary Education review. The Department of Elementary and Secondary Education shall coordinate with the Missouri Department of Natural Resources to ensure proper training and oversight.

8.  A fund may be established within the Department of Elementary and Secondary Education for portal development, pilot grants, training, and logistical support, subject to appropriation by the General Assembly. No funds shall be expended under this Act unless duly appropriated.

9.  Participating districts shall report annually to the Department of Elementary and Secondary Education on materials donated, recipients served, and estimated cost savings. The Department of Elementary and Secondary Education shall publish statewide summary data on program impact.

10.  The Department of Elementary and Secondary Education may promulgate rules as necessary to implement this Act under the authority granted by RSMo 171.011.