Louisiana 2012 2012 Regular Session

Louisiana Senate Bill SB299 Introduced / Bill

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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2012
SENATE BILL NO. 299
BY SENATOR WHITE 
SCHOOLS. Constitutional amendment to grant the Southeast Baton Rouge community
school system in East Baton Rouge Parish the same authority granted parishes relative to
MFP funding and raising revenue for schools. (2/3 - CA13s1(A))
A JOINT RESOLUTION1
Proposing to amend Article VIII, Section 13(D)(1) of the Constitution of Louisiana, to2
provide that for certain effects and purposes the Southeast Baton Rouge community3
school system in East Baton Rouge Parish shall be regarded and treated as a parish4
and shall have the authority granted parishes, including the purposes of certain5
funding and the raising of certain local revenues for the support of elementary and6
secondary schools; and to specify an election for submission of the proposition to7
electors and provide a ballot proposition.8
Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members9
elected to each house concurring, that there shall be submitted to the electors of the state, for10
their approval or rejection in the manner provided by law, a proposal to amend Article VIII,11
Section 13(D)(1) of the Constitution of Louisiana, to read as follows:12
ยง13.  Funding; Apportionment13
*          *          *14
(D)(1) Municipal and Other School Systems. For the effects and purposes of15
this Section, the Central community school system	, the Southeast Baton Rouge16
community school system, and the Zachary community school system in East Baton17 SB NO. 299
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Rouge Parish, and the municipalities of Baker in East Baton Rouge Parish, Monroe1
in Ouachita Parish, and Bogalusa in Washington Parish, and no others, shall be2
regarded and treated as parishes and shall have the authority granted parishes.3
Consistent with Article VIII of this constitution, relevant to equal educational4
opportunities, no state dollars shall be used to discriminate or to have the effect of5
discriminating in providing equal educational opportunity for all students.6
*          *          *7
Section 2. Be it further resolved that this proposed amendment shall be submitted8
to the electors of the state of Louisiana at the statewide election to be held on November 6,9
2012.10
Section 3. Be it further resolved that on the official ballot to be used at said election11
there shall be printed a proposition, upon which the electors of the state shall be permitted12
to vote YES or NO, to amend the Constitution of Louisiana, which proposition shall read as13
follows:14
Do you support an amendment to grant the Southeast Baton Rouge15
community school system in East Baton Rouge Parish the same authority16
granted parishes for purposes of Article VIII, Section 13 of the Constitution17
of Louisiana, including purposes related to the minimum foundation18
program, funding for certain school books and instructional materials, and19
the raising of certain local revenues for the support of elementary and20
secondary schools? (Amends Article VIII, Section 13(D)(1))21
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Jeanne C. Johnston.
DIGEST
Present constitution (Art. VIII, Sec. 13(D)(1)) states that for the effects and purposes of Art.
VIII, Sec. 13, the Central community school system and the Zachary community school
system in East Baton Rouge Parish, and the municipalities of Baker in East Baton Rouge
Parish, Monroe in Ouachita Parish, and Bogalusa in Washington Parish, and no others, shall
be regarded and treated as parishes and shall have the authority granted parishes. Further
provides that no state dollars shall be used to discriminate or to have the effect of
discriminating in providing educational opportunity for all students.
Proposed constitutional amendment retains present constitution and additionally provides
that for the effects and purposes of Art. VIII, Sec. 13, the Southeast Baton Rouge community SB NO. 299
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
school system in East Baton Rouge Parish shall be regarded and treated as a parish and shall
have the authority granted parishes.
Present constitution, Art. VIII, Sec. 13, also provides as follows:
(1)Requires the legislature to appropriate funds to supply free school books and other
materials of instruction prescribed by the State Board of Elementary and Secondary
Education (BESE) to the children of this state at the elementary and secondary
levels.
(2)Requires BESE to annually develop and adopt a formula which shall be used to
determine the cost of a minimum foundation program (MFP) of education in all
public elementary and secondary schools as well as to equitably allocate the funds
to parish and city school systems. Specifies that the formula shall provide for a
contribution by every city and parish school system.
(3)Establishes the process for consideration and approval of the formula by the
legislature.
(4)Requires annual appropriations to fully fund a legislatively approved formula and
permits the governor, in accordance with legislatively specified procedures and with
legislative approval, to reduce such appropriations.
(5)Requires that appropriated funds be equitably allocated to parish and city school
systems according to the formula as adopted by BESE and approved by the
legislature prior to making the appropriation.
(6)Requires use of the last legislatively approved formula whenever the legislature fails
to approve the formula most recently adopted by BESE.
(7)States that local funds for the support of elementary and secondary schools shall be
derived from the following sources:
(a)Requires each parish school board (except in Orleans Parish) and each
municipality or city school board actually operating, maintaining, or
supporting a separate system of public schools to levy annually an ad
valorem maintenance tax not to exceed five mills on the dollar of assessed
valuation on property subject to such taxation within the parish or city,
respectively.
(b)Requires the Orleans Parish School Board to levy annually a tax not to
exceed 13 mills on the dollar of the assessed valuation of property within the
city of New Orleans assessed for city taxation and to certify the amount of
the tax to the city's governing authority.  Requires the governing authority to
have the tax entered on city tax rolls and requires that the tax be collected in
the manner, under the conditions, and with the interest and penalties
prescribed by law for city taxes. Specifies that the money thus collected shall
be paid daily to the Orleans Parish School Board.
(c)Permits, for giving additional support to public elementary and secondary
schools, any parish, school district, or subschool district, or any municipality
or city school board which supports a separate city system of public schools
to levy an ad valorem tax for a specific purpose, when authorized by a
majority of the electors voting in the parish, municipality, district, or
subdistrict in an election held for that purpose. Requires that the amount,
duration, and purpose of the tax be in accord with any limitation imposed by
the legislature. SB NO. 299
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Proposed constitution retains present constitution.
Specifies submission of the amendment to the voters at the statewide election to be held on
November 6, 2012.
(Amends Const. Art. VIII, Sec. 13(D)(1))