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Regular Session, 2010
SENATE BILL NO. 637
BY SENATOR MICHOT
FUNDS/FUNDING. Provides for the use of monies in the Louisiana Education Quality
Support Fund. (See Act)
AN ACT1
To amend and reenact R.S. 17:3801(C)(3) and (4) and (D), relative to the Louisiana2
Education Quality Support Fund; to authorize monies in the Louisiana Education3
Quality Support Fund to be used, in certain circumstances, to fund certain4
instructional operating expenses; to provide for an effective date; and to provide for5
related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 17:3801(C)(3) and (4) and (D) are hereby amended and reenacted8
to read as follows: 9
ยง3801. Louisiana Education Quality Trust Fund10
* * *11
C.12
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(3) The treasurer shall disburse not more than fifty percent of the monies in14
the Support Fund as that money is appropriated by the legislature and allocated by15
the Board of Regents for any or all of the following higher educational purposes to16
enhance economic development:17 SB NO. 637
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(a) The carefully defined research efforts of public and private universities1
in Louisiana.2
(b) The endowment of chairs for eminent scholars.3
(c) The enhancement of the quality of academic, research or agricultural4
departments or units within a community college, college, or university. These funds5
shall not be used for athletic purposes or programs.6
(d) The recruitment of superior graduate students.7
(e) To fund instructional operating expenses for which a general fund8
appropriation was made in the previous fiscal year as provided in Subsection9
D of this Section.10
(4) The treasurer shall disburse not more than fifty percent of the monies in11
the Support Fund as that money is appropriated by the legislature and allocated by12
the State Board of Elementary and Secondary Education for any or all of the13
following elementary and secondary educational purposes:14
(a) To provide compensation to city or parish school board professional15
instructional employees.16
(b) To insure an adequate supply of superior textbooks, library books,17
equipment, and other instructional materials.18
(c) To fund exemplary programs in elementary, secondary, or vocational-19
technical schools designed to improve elementary and secondary student academic20
achievement, or vocational-technical skill.21
(d) To fund carefully defined research efforts, including pilot programs,22
designed to improve elementary and secondary student academic achievement.23
(e) To fund summer school remediation programs and preschool programs.24
(f) To fund the teaching of foreign languages in elementary and secondary25
schools.26
(g) To fund an adequate supply of teachers by providing scholarships or27
stipends to prospective teachers in academic areas where there is a critical teacher28
shortage.29 SB NO. 637
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(h) To fund instructional operating expenses for which a general fund1
appropriation was made in the previous fiscal year as provided in Subsection2
D of this Section.3
D. (1) Except as provided in Paragraph (2) of this Subsection, the The4
monies appropriated by the legislature and disbursed from the Support Fund shall not5
displace, replace, or supplant appropriations from the general fund for the purposes6
of implementing the Minimum Foundation Program or displace, replace, or supplant7
funding for higher education. For higher education, this Subsection shall mean that,8
except as provided in Paragraph (2) of this Subsection, no appropriation for any9
fiscal year from the Support Fund shall be made for any higher education purpose10
for which a general fund appropriation was made the previous year unless the total11
appropriations for that fiscal year from the state general fund for higher education12
exceed general fund appropriations for higher education for the previous year. This13
Subsection shall in no way limit general fund appropriations in excess of the14
minimum amounts herein established.15
(2) In any fiscal year in which the total existing operating budget for16
either higher education or elementary and secondary education is less than the17
total prior fiscal year actual budget for either higher education or elementary18
and secondary education, or in any fiscal year in which the total recommended19
budget for either higher education or elementary and secondary education is20
less than the total existing operating budget for either higher education or21
elementary and secondary education, monies appropriated from the Support22
Fund either to the Board of Regents or to the State Board of Elementary and23
Secondary Education may be used for instructional purposes for which a24
general fund appropriation was made in the prior fiscal year. A plan for the use25
of such funds shall be submitted to and approved by the Joint Legislative26
Committee on the Budget.27
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Section 2. Section 1 of this Act shall take effect and become operative if the29 SB NO. 637
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amendment of Article VII, Section 10.1(C)(4) and (5) and (D) of the Constitution of1
Louisiana contained in the Act which originated as Senate Bill No. 462 of this 2010 Regular2
Session of the Legislature is adopted at the statewide election to be held on November 2,3
2010 and at the same time as such proposed amendment becomes effective.4
Section 3. Sections 2 and 3 of this Act shall become effective on July 1, 2010. If5
vetoed by the governor and subsequently approved by the legislature, this Act shall become6
effective on the day following such approval.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Martha S. Hess.
DIGEST
Present law 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 law retains present law.
Present law prohibits the displacement, replacement, or supplanting of such funds for
elementary and secondary or higher education.
Proposed law 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 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. Provides that a plan for the use of such
funds shall be submitted to and approved by the Joint Legislative Committee on the Budget.
Section 1 of the Act which authorizes an exception to the prohibition from displacing,
replacing or supplanting in any fiscal year for certain instructional operating expenses,
becomes effective and operative if the amendment of Article VII, Section 10.1(C)(4) and (5)
and (D) of the Constitution of Louisiana contained in the Act which originated as SB 462
of the 2010 RS is adopted at the congressional election to be held on November 2, 2010, and
at the same time as such proposed amendment becomes effective. Sections 2 and 3 of the
Act, which are the effective date provisions, become effective on July 1, 2010.
(Amends R.S. 17:3801(C)(3) and (4) and (D))