MISSISSIPPI LEGISLATURE

2003 Regular Session

To: Constitution

By: Representative Reynolds

House Concurrent Resolution 46

A CONCURRENT RESOLUTION PROPOSING AN AMENDMENT TO THE MISSISSIPPI CONSTITUTION OF 1890, BY CREATING A NEW SECTION 205A TO ESTABLISH A MINIMUM LEVEL OF FUNDING THAT THE LEGISLATURE MUST PROVIDE FOR SUPPORT AND MAINTENANCE OF PUBLIC EDUCATION; AND FOR RELATED PURPOSES.

     BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI, That the following amendment to the Mississippi Constitution of 1890 is proposed to the qualified electors of the state:

     Amend the Mississippi Constitution of 1890 by creating a new section to read as follows:

     "Section 205A.  The Legislature shall appropriate funds for the support and maintenance of public education, kindergarten through Grade 12, the state community and junior colleges and the state institutions of higher learning, inclusive, at the following minimum level:

          (a)  For fiscal year 2006, the Legislature shall appropriate an amount that equals the percentage of the State General Fund that the Legislature appropriated for public education for fiscal year 2005.

          (b)  For fiscal year 2007, and for each fiscal year thereafter until the total amount appropriated for public education equals sixty-one percent (61%) of the State General Fund, the Legislature shall appropriate an amount that equals the amount described in paragraph (a) of this section plus an additional amount that equals one-half percent (1/2%) of the amount by which the State General Fund for the fiscal year in which the appropriation is made exceeds the amount of the State General Fund for the immediately preceding fiscal year.  Once the minimum amount required to be appropriated for public education under this paragraph for any fiscal year reaches sixty-one percent (61%) of the State General Fund, this minimum amount may not be reduced for any subsequent fiscal year."

     BE IT FURTHER RESOLVED, That this proposed amendment shall be submitted by the Secretary of State to the qualified electors at an election to be held on the first Tuesday after the first Monday of November 2003, as provided by Section 273 of the Constitution and by general law.

     BE IT FURTHER RESOLVED, That the explanation of this proposed amendment for the ballot shall read as follows:  "This proposed constitutional amendment establishes a minimum level of funding that the Legislature must provide for support and maintenance of public education.  The amount appropriated for public education for fiscal year 2006 must be not less than the percentage of the State General Fund appropriated for public education for fiscal year 2005.  For each year thereafter, the minimum amount increases by one-half percent until the amount appropriated equals sixty-one percent of the State General Fund."