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2020 Second Extraordinary Session
SENATE BILL NO. 70
BY SENATOR JACKSON
LEGIS POWERS/FUNCTIONS. Provides for legislative approval of BESE adopted
adjustments to the MFP formula by ballot when the legislature is not in session. (See
CA3s19) (Item #4)
1 AN ACT
2 To enact R.S. 39:33.3, relative to approval of the minimum foundation program formula; to
3 provide for the method of legislative approval of adjustments to the formula adopted
4 by the State Board of Elementary and Secondary Education in response to a declared
5 disaster or emergency when the legislature is not in session; to provide relative to
6 ballots, voting procedures, tabulation of votes, and notification of results; and to
7 provide for related matters.
8 Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 39:33.3 is hereby enacted to read as follows:
10 ยง33.3. Minimum foundation program formula; legislative approval of
11 adjustments when legislature is not in session; ballot and voting
12 procedures
13 A. If the State Board of Elementary and Secondary Education adopts
14 adjustments to the most recently approved minimum foundation program
15 formula to address the needs of public schools and school systems resulting
16 from a gubernatorially declared disaster or other emergency, and the
17 legislature is not in session, the board shall present the formula adjustments and
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1 the rationale therefor to the Joint Legislative Committee on the Budget to
2 discuss and receive public comment on the proposed formula adjustments
3 during a public meeting, but shall take no vote on the matter.
4 B. Not less than five days after the board presents the formula
5 adjustments to the Joint Legislative Committee on the Budget, the adjustments
6 shall be submitted to the legislature for approval. Approval of adjustments to
7 the minimum foundation program formula shall require a majority vote of the
8 members of each house of the legislature. The secretary of the Senate and the
9 clerk of the House of Representatives shall jointly prepare and transmit a ballot
10 to each member of the legislature as follows:
11 (1) The ballots shall be uniform.
12 (2) Each ballot shall contain a question phrased to allow each member
13 to cast his vote for or against approving the adjustments to the minimum
14 foundation program formula adopted by the State Board of Elementary and
15 Secondary Education.
16 (3) Each ballot shall include a place for the member to whom the ballot
17 was transmitted to provide his name and validate his ballot after casting his
18 vote.
19 (4) The secretary of the Senate and the clerk of the House of
20 Representatives shall transmit a ballot to each member of the legislature on the
21 same day and shall certify the transmittal date.
22 (5) The secretary and the clerk shall provide a notice to each member of
23 the transmittal date which shall include all of the following:
24 (a) The date and time by which the ballot shall be returned to the clerical
25 officer of the member's house in order to be valid.
26 (b) Other pertinent information that the secretary and clerk consider
27 necessary.
28 (6) Each member shall cast his vote, provide his name in the appropriate
29 place on the ballot, and return the voted ballot to the clerical officer of his
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1 house.
2 (7) The secretary and the clerk shall provide notice to each member from
3 whom a voted ballot has been received.
4 (8) On the fourth day after the transmittal date, the secretary and the
5 clerk shall provide a notice to each member whose voted ballot has not been
6 received indicating that the ballot has not been received and informing the
7 member of the deadline for returning the ballot.
8 (9) Ballots shall be returned to the secretary and the clerk no later than
9 5:00 p.m. on the fifth day after the transmittal date.
10 (10) No ballot received by the secretary and the clerk after the deadline
11 provided in Paragraph (9) of this Subsection shall be valid or counted, but the
12 date and time received shall be recorded for each ballot received after that time,
13 and the ballot shall be marked "Invalid". However, prior to the deadline for
14 returning a ballot, a member may withdraw his ballot or change his vote, upon
15 his written request.
16 (11)(a) The secretary or clerk shall transmit a ballot or notice to a
17 member of the legislature using the most efficient medium available which may
18 include electronic mail or other form of electronic communication. The medium
19 used shall provide for notice of receipt.
20 (b) The secretary and the clerk shall devise a method for a member to
21 validate his ballot which may include a signature, a personal identification
22 number, or other secure method.
23 (12)(a) On the next business day after the deadline for returning ballots
24 as provided in Paragraph (9) of this Subsection, the secretary and the clerk shall
25 tabulate the vote in roll call order for each house of the legislature. The
26 secretary and the clerk shall hold such ballots under seal and shall not disclose
27 the contents to any person until the day the ballots are tabulated. No ballot shall
28 be deemed invalid if inadvertently disclosed in processing.
29 (b) The tabulation shall indicate by name those members who voted to
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1 approve the adjustments to the minimum foundation program formula, those
2 who voted against approving the adjustments to the minimum foundation
3 program formula, those who did not vote, those who did not return the ballot
4 by the deadline, and those whose ballot was invalid because not validated by the
5 member.
6 (13) The secretary and the clerk shall sign the tabulation sheet or sheets
7 and transmit a statement of the results to the president of the Senate, the
8 speaker of the House of Representatives, each member of the legislature, the
9 Joint Legislative Committee on the Budget, the president of the State Board of
10 Elementary and Secondary Education, and the state superintendent of
11 education.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Jeanne C. Johnston.
DIGEST
SB 70 Reengrossed 2020 Second Extraordinary Session Jackson
Proposed law provides for the method of legislative approval of adjustments to the minimum
foundation program formula (MFP) adopted by the State Board of Elementary and
Secondary Education (BESE) in response to a gubernatorially declared disaster or
emergency by ballot, when the legislature is not in session, as follows:
(1)BESE shall present the adjustments to the MFP formula adopted by the board to the
Joint Legislative Committee on the Budget (JLCB) for discussion and to receive
public comment on the proposed adjustments to the formula. Specifies that JLCB
shall not take a vote on the matter.
(2)Not less than five days after BESE presents the formula adjustments to JLCB, the
adjustments shall be submitted to the legislature for approval, which shall require a
majority vote of the members of each house of the legislature.
(3)The secretary of the Senate and the clerk of the House of Representatives shall
jointly prepare and transmit a ballot to each member of the legislature as follows:
(a)Ballots shall be uniform.
(b)Each ballot shall contain a question phrased to allow each member to vote for
or against approving the adjustments to the MFP formula.
(c)Each ballot shall include a place for the member to provide his name and
validate his ballot after casting his vote.
(d)The secretary and the clerk shall transmit a ballot to each member of the
legislature on the same day and certify the transmittal date.
(e)The secretary and the clerk shall provide a notice to each member of the
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transmittal date, the deadline to return the ballot, and any other necessary
information.
(f)Each member shall cast his vote, provide his name in the appropriate place
on the ballot, and return the voted ballot to the clerical officer of his house.
(g)The secretary and the clerk shall provide notice to each member of receipt of
his ballot.
(h)On the fourth day after the transmittal date, the secretary and the clerk shall
provide a notice to each member who has not returned his ballot informing
the member of the deadline for returning the ballot.
(i)The deadline to return ballots to the secretary and the clerk is 5:00 p.m. on
the fifth day after the transmittal date.
(j)No ballot received after the deadline shall be valid or counted.
(k)A member may withdraw his ballot or change his vote, upon written request,
prior to the deadline.
(l)The secretary and the clerk shall transmit ballots and notices using the most
efficient medium available, including email or other forms of electronic
communication.
(m)The secretary and the clerk shall devise a secure method for a member to
validate his ballot.
(n)On the next business day after the deadline to return ballots, the secretary and
the clerk shall tabulate the vote in roll call order for each house of the
legislature. Ballots shall be held under seal and shall not be disclosed until
the day the ballots are tabulated.
(o)The tabulation of the vote shall indicate by name those who voted to approve
the adjustments to the MFP formula, those who voted against approving the
adjustments to the MFP formula, those who did not vote, those who did not
return the ballot by the deadline, and those whose ballot was invalid because
not validated by the member.
(p)The secretary and clerk shall sign the tabulation sheet(s) and transmit a
statement of the results to the president of the Senate, the speaker of the
House of Representatives, each member of the legislature, the Joint
Legislative Committee on the Budget, the president of BESE, and the state
superintendent of Education.
Effective on the sixtieth day after final adjournment.
(Adds R.S. 39:33.3)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Education to the
original bill
1. Clarify that legislative approval of BESE adopted adjustments to MFP
formula by ballot is allowed only when the legislature is not in session.
2. Provide that JLCB must hold a public meeting to discuss and receive public
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comment regarding BESE adopted adjustments to the MFP formula, but shall
not take a vote.
Senate Floor Amendments to engrossed bill
1. Make technical changes.
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