MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Rules

By: Representative McCoy

House Concurrent Resolution 159

(As Adopted by House and Senate)

A CONCURRENT RESOLUTION SUSPENDING THE DEADLINES FOR THE PURPOSE OF THE FURTHER CONSIDERATION AND PASSAGE OF SENATE BILL 2649, REGULAR SESSION OF 1997, ENTITLED "AN ACT TO AMEND SECTIONS 37-151-1, 37-151-5 AND 37-151-7, MISSISSIPPI CODE OF 1972, TO REVISE CERTAIN DEFINITIONS UNDER THE MISSISSIPPI ADEQUATE EDUCATION PROGRAM FUNDING FORMULA BASED ON A BASE STUDENT COST FUNDING LEVEL, TO CLARIFY THE INSTRUCTIONAL COST COMPONENT OF THE BASE STUDENT COST, TO REVISE THE ADJUSTMENT FOR AT-RISK PUPILS, TO PROVIDE AN ADJUSTMENT FOR ADD-ON PROGRAM COSTS, TO PROVIDE A MILLAGE REQUIREMENT FOR AGRICULTURAL HIGH SCHOOLS AND TO CLARIFY THE REQUIRED STATE EFFORT; TO CREATE AN INTERIM SCHOOL DISTRICT CAPITAL EXPENDITURE FUND TO DISTRIBUTE THE INCREASED ALLOCATIONS TO SCHOOL DISTRICTS UNDER THE ADEQUATE EDUCATION FUNDING FORMULA ON A PHASED-IN BASIS AND TO PRESCRIBE THE CAPITAL IMPROVEMENT AND TECHNOLOGY OR INSTRUCTIONAL EXPENDITURES AUTHORIZED FOR SUCH FUNDS UNTIL SUCH TIME AS THE ADEQUATE EDUCATION PROGRAM IS FULLY FUNDED; TO PROVIDE AUTHORITY FOR THE PLEDGE OF SUCH ALLOCATIONS AS SECURITY FOR LOCAL SCHOOL BONDED INDEBTEDNESS; TO ESTABLISH CERTAIN MAXIMUM PUPIL-TEACHER RATIOS; TO PROVIDE AN ALLOCATION OF FUNDS FOR VOCATIONAL PROGRAMS, EXCEPTIONAL CHILDREN PROGRAMS, GIFTED EDUCATION AND UNIVERSITY-BASED PROGRAMS, AND FOR STUDENT TRANSPORTATION; TO PROVIDE FOR LOCAL SUPPLEMENTS, TRANSFERRED STUDENTS, DISTRIBUTION OF ADEQUATE PROGRAM REPORTS AND PENALTIES FOR CERTAIN VIOLATIONS; TO AMEND SECTION 37-21-7, MISSISSIPPI CODE OF 1972, TO DELETE CERTAIN SPECIFIC ALLOTMENTS UNDER THE KINDERGARTEN AND READING IMPROVEMENT PROGRAM; TO AMEND SECTIONS 37-57-1, 37-57-105 AND 37-57-107, MISSISSIPPI CODE OF 1972, AND TO CODIFY SECTION 37-57-104, MISSISSIPPI CODE OF 1972, TO REQUIRE LOCAL SCHOOL DISTRICTS TO PROVIDE 28 MILLS AD VALOREM LEVY OR 27% OF THE DISTRICT'S ADEQUATE EDUCATION PROGRAM COST, WHICHEVER IS LESS, TO PROVIDE A 55-MILL SCHOOL AD VALOREM TAX LIMITATION WITH CERTAIN EXCEPTIONS; AND TO DELETE PROVISIONS RELATING TO THE EQUITY FUNDING MINIMUM AD VALOREM LEVY; TO AMEND SECTION 37-61-33, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE APPROPRIATION OF EDUCATION ENHANCEMENT PROGRAM FUNDS INTO THE ADEQUATE EDUCATION PROGRAM AND TO REVISE CERTAIN PERCENTAGE DIVERSIONS FROM THE EDUCATION ENHANCEMENT FUND; TO AMEND SECTIONS 27-65-75 AND 27-67-31, MISSISSIPPI CODE OF 1972, TO CAP THE SALES AND USE TAX DIVERSIONS INTO THE SCHOOL AD VALOREM TAX REDUCTION FUND AT THE FISCAL YEAR 1997 LEVEL AND TO PROVIDE FOR AN INCREASED DIVERSION INTO THE EDUCATION ENHANCEMENT FUND; TO AMEND SECTION 37-9-33, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; FROM AND AFTER JULY 1, 2003, TO REPEAL SECTIONS 37-19-1 THROUGH 37-19-5 AND 37-19-9 THROUGH 37-19-53, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR A MINIMUM PROGRAM OF EDUCATION WITH ALLOCATIONS TO EACH PUBLIC SCHOOL DISTRICT IN THE STATE BASED UPON GENERATED TEACHER UNITS AND FINANCED THROUGH STATE AND LOCAL REVENUE REQUIREMENTS, SECTIONS 37-22-1 AND 37-22-3, MISSISSIPPI CODE OF 1972, WHICH PROVIDE A MISSISSIPPI SCHOOL DISTRICT UNIFORM MILLAGE ASSISTANCE GRANT AND SECOND LEVEL FUNDING PROGRAM, AND SECTION 37-151-3, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR CERTAIN FUNDING PROJECTIONS AND COMPARISONS BY THE STATE DEPARTMENT OF EDUCATION; TO AUTHORIZE THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE STATE OF MISSISSIPPI FOR THE PURPOSE OF PROVIDING ADDITIONAL FUNDS FOR THE TECH-PREP FUND; TO AMEND SECTION 37-151-25, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES." 

BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF MISSISSIPPI, THE SENATE CONCURRING THEREIN, That the Joint Rules of the House and the Senate, including all the deadlines and other provisions imposed by Joint Rule No. 40, are suspended for the purpose of permitting the further consideration and passage of Senate Bill 2649, Regular Session of 1997, entitled "AN ACT TO AMEND SECTIONS 37-151-1, 37-151-5 AND 37-151-7, MISSISSIPPI CODE OF 1972, TO REVISE CERTAIN DEFINITIONS UNDER THE MISSISSIPPI ADEQUATE EDUCATION PROGRAM FUNDING FORMULA BASED ON A BASE STUDENT COST FUNDING LEVEL, TO CLARIFY THE INSTRUCTIONAL COST COMPONENT OF THE BASE STUDENT COST, TO REVISE THE ADJUSTMENT FOR AT-RISK PUPILS, TO PROVIDE AN ADJUSTMENT FOR ADD-ON PROGRAM COSTS, TO PROVIDE A MILLAGE REQUIREMENT FOR AGRICULTURAL HIGH SCHOOLS AND TO CLARIFY THE REQUIRED STATE EFFORT; TO CREATE AN INTERIM SCHOOL DISTRICT CAPITAL EXPENDITURE FUND TO DISTRIBUTE THE INCREASED ALLOCATIONS TO SCHOOL DISTRICTS UNDER THE ADEQUATE EDUCATION FUNDING FORMULA ON A PHASED-IN BASIS AND TO PRESCRIBE THE CAPITAL IMPROVEMENT AND TECHNOLOGY OR INSTRUCTIONAL EXPENDITURES AUTHORIZED FOR SUCH FUNDS UNTIL SUCH TIME AS THE ADEQUATE EDUCATION PROGRAM IS FULLY FUNDED; TO PROVIDE AUTHORITY FOR THE PLEDGE OF SUCH ALLOCATIONS AS SECURITY FOR LOCAL SCHOOL BONDED INDEBTEDNESS; TO ESTABLISH CERTAIN MAXIMUM PUPIL-TEACHER RATIOS; TO PROVIDE AN ALLOCATION OF FUNDS FOR VOCATIONAL PROGRAMS, EXCEPTIONAL CHILDREN PROGRAMS, GIFTED EDUCATION AND UNIVERSITY-BASED PROGRAMS, AND FOR STUDENT TRANSPORTATION; TO PROVIDE FOR LOCAL SUPPLEMENTS, TRANSFERRED STUDENTS, DISTRIBUTION OF ADEQUATE PROGRAM REPORTS AND PENALTIES FOR CERTAIN VIOLATIONS; TO AMEND SECTION 37-21-7, MISSISSIPPI CODE OF 1972, TO DELETE CERTAIN SPECIFIC ALLOTMENTS UNDER THE KINDERGARTEN AND READING IMPROVEMENT PROGRAM; TO AMEND SECTIONS 37-57-1, 37-57-105 AND 37-57-107, MISSISSIPPI CODE OF 1972, AND TO CODIFY SECTION 37-57-104, MISSISSIPPI CODE OF 1972, TO REQUIRE LOCAL SCHOOL DISTRICTS TO PROVIDE 28 MILLS AD VALOREM LEVY OR 27% OF THE DISTRICT'S ADEQUATE EDUCATION PROGRAM COST, WHICHEVER IS LESS, TO PROVIDE A 55-MILL SCHOOL AD VALOREM TAX LIMITATION WITH CERTAIN EXCEPTIONS; AND TO DELETE PROVISIONS RELATING TO THE EQUITY FUNDING MINIMUM AD VALOREM LEVY; TO AMEND SECTION 37-61-33, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE APPROPRIATION OF EDUCATION ENHANCEMENT PROGRAM FUNDS INTO THE ADEQUATE EDUCATION PROGRAM AND TO REVISE CERTAIN PERCENTAGE DIVERSIONS FROM THE EDUCATION ENHANCEMENT FUND; TO AMEND SECTIONS 27-65-75 AND 27-67-31, MISSISSIPPI CODE OF 1972, TO CAP THE SALES AND USE TAX DIVERSIONS INTO THE SCHOOL AD VALOREM TAX REDUCTION FUND AT THE FISCAL YEAR 1997 LEVEL AND TO PROVIDE FOR AN INCREASED DIVERSION INTO THE EDUCATION ENHANCEMENT FUND; TO AMEND SECTION 37-9-33, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; FROM AND AFTER JULY 1, 2003, TO REPEAL SECTIONS 37-19-1 THROUGH 37-19-5 AND 37-19-9 THROUGH 37-19-53, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR A MINIMUM PROGRAM OF EDUCATION WITH ALLOCATIONS TO EACH PUBLIC SCHOOL DISTRICT IN THE STATE BASED UPON GENERATED TEACHER UNITS AND FINANCED THROUGH STATE AND LOCAL REVENUE REQUIREMENTS, SECTIONS 37-22-1 AND 37-22-3, MISSISSIPPI CODE OF 1972, WHICH PROVIDE A MISSISSIPPI SCHOOL DISTRICT UNIFORM MILLAGE ASSISTANCE GRANT AND SECOND LEVEL FUNDING PROGRAM, AND SECTION 37-151-3, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR CERTAIN FUNDING PROJECTIONS AND COMPARISONS BY THE STATE DEPARTMENT OF EDUCATION; TO AUTHORIZE THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE STATE OF MISSISSIPPI FOR THE PURPOSE OF PROVIDING ADDITIONAL FUNDS FOR THE TECH-PREP FUND; TO AMEND SECTION 37-151-25, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES."