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Regular Session, 2010
SENATE BILL NO. 462
BY SENATOR MICHOT
FUNDS/FUNDING. Constitutional amendment to provide relative to the use of monies in
the Louisiana Education Quality Support Fund. (2/3 CA13s1(A))
A JOINT RESOLUTION1
Proposing to amend Article VII, Section 10.1(C)(4) and (D) and to add Article VII, Section2
10.1(C)(5) of the Constitution of Louisiana, relative to the Louisiana Education3
Quality Support Fund; to authorize monies in the Louisiana Education Quality4
Support Fund to be used, in certain circumstances, to fund certain instructional5
operating expenses; and to specify an election for submission of the proposition to6
electors and provide a ballot proposition.7
Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members8
elected to each house concurring, that there shall be submitted to the electors of the state, for9
their approval or rejection in the manner provided by law, a proposal to amend Article VII,10
Section 10.1(C)(4) and (D) and to add Article VII, Section 10.1(C)(5) of the Constitution of11
Louisiana, to read as follows:12
ยง10.1. Quality Trust Fund; Education13
Section 10.1.14
* * *15
(C)16
* * *17 SB NO. 462
SLS 10RS-798 ORIGINAL
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(4) Except as provided in Subparagraph (5) of this Paragraph, the The1
monies appropriated by the legislature and disbursed from the Support Fund shall not2
displace, replace, or supplant appropriations from the general fund for elementary3
and secondary education, including implementing the Minimum Foundation4
Program, or displace, replace, or supplant funding for higher education. For5
elementary and secondary education and for higher education, this Paragraph shall6
mean that no appropriation for any fiscal year from the Support Fund shall be made7
for any purpose for which a general fund appropriation was made in the previous8
year unless the total appropriations for that fiscal year from the state general fund for9
such purpose exceed general fund appropriations for the previous year. This10
Paragraph shall in no way limit general fund appropriations in excess of the11
minimum amounts herein established.12
(5) In any fiscal year in which the total existing operating budget for13
either higher education or elementary and secondary education is less than the14
total prior fiscal year actual budget for either higher education or elementary15
and secondary education, or in any fiscal year in which the total recommended16
budget for either higher education or elementary and secondary education is17
less than the total existing operating budget for either higher education or18
elementary and secondary education, monies appropriated from the Support19
Fund either to the Board of Regents or to the State Board of Elementary and20
Secondary Education may be used for instructional purposes for which a21
general fund appropriation was made in the prior fiscal year.22
(D) Disbursement; Higher Education and Elementary and Secondary23
Education.24
(1) The treasurer shall disburse not more than fifty percent of the monies in25
the Support Fund as that money is appropriated by the legislature and allocated by26
the Board of Regents for any or all of the following higher educational purposes to27
enhance economic development:28
(a) The carefully defined research efforts of public and private universities29 SB NO. 462
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in Louisiana.1
(b) The endowment of chairs for eminent scholars.2
(c) The enhancement of the quality of academic, research, or agricultural3
departments or units within a community college, college, or university. These funds4
shall not be used for athletic purposes or programs.5
(d) The recruitment of superior graduate students.6
(e) To fund instructional operating expenses for which a general fund7
appropriation was made in the previous fiscal year as provided in8
Subparagraph (C)(5) of this Section.9
(2) The treasurer shall disburse not more than fifty percent of the monies in10
the Support Fund as that money is appropriated by the legislature and allocated by11
the State Board of Elementary and Secondary Education for any or all of the12
following elementary and secondary educational purposes:13
(a) To provide compensation to city or parish school board professional14
instructional employees.15
(b) To insure an adequate supply of superior textbooks, library books,16
equipment, and other instructional materials.17
(c) To fund exemplary programs in elementary and secondary schools18
designed to improve elementary or secondary student academic achievement or19
vocational-technical skill.20
(d) To fund carefully defined research efforts, including pilot programs,21
designed to improve elementary and secondary student academic achievement.22
(e) To fund school remediation programs and preschool programs.23
(f) To fund the teaching of foreign languages in elementary and secondary24
schools.25
(g) To fund an adequate supply of teachers by providing scholarships or26
stipends to prospective teachers in academic or vocational-technical areas where27
there is a critical teacher shortage.28
(h) To fund instructional operating expenses for which a general fund29 SB NO. 462
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appropriation was made in the previous fiscal year as provided in1
Subparagraph (C)(5) of this Section.2
Section 2. Be it further resolved that this proposed amendment shall be submitted3
to the electors of the state of Louisiana at the statewide election to be held on November 2,4
2010.5
Section 3. Be it further resolved that on the official ballot to be used at said election6
there shall be printed a proposition, upon which the electors of the state shall be permitted7
to vote FOR or AGAINST, to amend the Constitution of Louisiana, which proposition shall8
read as follows:9
To authorize monies in the Louisiana Education Quality Support Fund to be10
used to fund instructional operating expenses for which a general fund11
appropriation was made in the previous fiscal year for either higher education12
or elementary and secondary education, in any fiscal year in which the total13
existing operating budget for either higher education or elementary and14
secondary education is less than the total prior fiscal year budget actual15
budget or when the total recommended budget is less than the total existing16
operating budget.17
(Amends Article VII, Section 10.1(C)(4) and (D); adds Article VII, Section18
10.1(C)(5))19
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Martha S. Hess.
DIGEST
Present constitution provides for the allocation and disbursement of money for educational
purposes by the Board of Regents and BESE out of monies appropriated by the legislature
from the Louisiana Quality Education Support Fund "8(g)." Specifies that the Board of
Regents shall allocate the monies for higher educational purposes and that BESE shall
allocate the monies for elementary and secondary purposes. Proposed constitutional
amendment retains present constitution.
Present constitution prohibits the displacement, replacement, or supplanting of such funds
for elementary and secondary or higher education.
Proposed constitutional amendment authorizes an exception to the prohibition from
displacing, replacing or supplanting in any fiscal year in which the total existing operating
budget for either higher education or elementary and secondary education is less than the
total prior fiscal year actual budget for either higher education or elementary and secondary SB NO. 462
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education, or in any fiscal year in which the total recommended budget for either higher
education or elementary and secondary education is less than the total existing operating
budget for either higher education or elementary and secondary education, by authorizing
monies appropriated from the Support Fund either to the Board of Regents or to the State
Board of Elementary and Secondary Education to be used for instructional purposes for
which a general fund appropriation was made in the prior fiscal year.
Specifies submission of the amendment to the voters at the statewide election to be held on
November 2, 2010.
(Amends Const. Art. VII, Sec. 10.1(C)(4) and (D); adds Const. Art. VII, Sec. 10.1(C)(5))