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Regular Session, 2010
HOUSE BILL NO. 391
BY REPRESENTATIVE ROBIDEAUX AND SENATOR B. GAUTREAUX
LEGISLATION/INSTRUMENTS: (Constitutional Amendment) Provides for prefiling and
notice deadlines for bills affecting public retirement systems
A JOINT RESOLUTION1
Proposing to amend Article III, Section 2(A)(2) and Article XIII, Section 1(A) of the2
Constitution of Louisiana and to repeal Article X, Section 29(C), relative to Acts of3
the legislature relative to public retirement systems; to provide relative to the4
prefiling deadline for retirement legislation; to repeal the public notice requirement5
for retirement legislation; to provide for submission of the proposed amendment to6
the electors; and to provide for related matters.7
Notice of intention to introduce this Act has been published8
as provided by Article X, Section 29(C) of the Constitution9
of Louisiana.10
Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members11
elected to each house concurring, that there shall be submitted to the electors of the state of12
Louisiana, for their approval or rejection in the manner provided by law, a proposal to13
amend Article III, Section 2(A)(2) of the Constitution of Louisiana, to read as follows:14
§2. Sessions15
Section 2.(A) Annual Session.16
* * *17
(2)(a) Any bill to effect any change in laws relating to any retirement system18
for public employees to be introduced in either house shall be prefiled no later than19 HLS 10RS-261 REENGROSSED
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five o'clock in the evening of the forty-fifth calendar day prior to the first day of a1
regular session.2
(b) Any bill other than a bill to effect any change in laws relating to any3
retirement system for public employees to be introduced in either house shall be4
prefiled no later than five o'clock in the evening of the tenth calendar day prior to the5
first day of a regular session; session.6
(c) thereafter After five o'clock in the evening of the tenth calendar day prior7
to the first day of a regular session no member of the legislature may introduce more8
than five bills, except as provided in the joint rules of the legislature. The legislature9
is authorized to provide by joint rule for the procedures for passage of duplicate or10
companion instruments.11
* * *12
Section 2. Be it further resolved by the Legislature of Louisiana, two-thirds of the13
members elected to each house concurring, that there shall be submitted to the electors of14
the state of Louisiana, for their approval or rejection in the manner provided by law, a15
proposal to amend Article XIII, Section 1(A) of the Constitution of Louisiana, to read as16
follows:17
§1. Amendments 18
Section 1.(A)(1) Procedure. An amendment to this constitution may be19
proposed by joint resolution at any regular session of the legislature, but the20
resolution shall be prefiled, at least ten days before the beginning of the session or21
as provided in Subparagraph (2) of this Paragraph, in accordance with the rules of22
the house in which introduced. An amendment to this constitution may be proposed23
at any extraordinary session of the legislature if it is within the objects of the call of24
the session and is introduced in the first five calendar days thereof. If two-thirds of25
the elected members of each house concur in the resolution, pursuant to all of the26
procedures and formalities required for passage of a bill except submission to the27
governor, the secretary of state shall have the proposed amendment published once28
in the official journal of each parish within not less than thirty nor more than sixty29 HLS 10RS-261 REENGROSSED
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days preceding the election at which the proposed amendment is to be submitted to1
the electors. Each joint resolution shall specify the statewide election at which the2
proposed amendment shall be submitted. Special elections for submitting proposed3
amendments may be authorized by law.4
(2) Any joint resolution proposed at a regular session of the legislature which5
effects any change in constitutional provisions relating to any retirement system for6
public employees shall be prefiled no later than five o'clock in the evening of the7
forty-fifth calendar day prior to the first day of session.8
* * *9
Section 3. Be it further resolved by the Legislature of Louisiana, two-thirds of the10
members elected to each house concurring, that there shall be submitted to the electors of11
the state of Louisiana, for their approval or rejection in the manner provided by law, a12
proposal to repeal Article X, Section 29(C) of the Constitution of Louisiana.13
Section 4. Be it further resolved that this proposed amendment shall be submitted14
to the electors of the state of Louisiana at the statewide election to be held on November 2,15
2010.16
Section 5. Be it further resolved that on the official ballot to be used at said election17
there shall be printed a proposition, upon which the electors of the state shall be permitted18
to vote FOR or AGAINST, to amend the Constitution of Louisiana, which proposition shall19
read as follows:20
To require legislation effecting any change to laws concerning retirement21
systems for public employees to be filed no later than forty-five days before22
the start of a regular legislative session and to remove the public notice23
requirements regarding such bills. (Amends Article III, Section 2(A)(2) and24
Article XIII, Section 1(A); Repeals Article X, Section 29(C))25 HLS 10RS-261 REENGROSSED
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DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Robideaux HB No. 391
Abstract: Provides earlier prefiling and public notice requirements for proposed retirement
legislation.
Present constitution requires proposed legislation to be prefiled no later than five o'clock in
the evening of the tenth calendar day prior to the first day of a regular session.
Proposed constitutional amendment retains present constitution for all proposed legislation
except bills effecting a change in retirement systems for public employees. Proposed
constitutional amendment requires retirement instruments to be prefiled no later than five
o'clock in the evening of the forty-fifth calendar day prior to the first day of a regular
session.
Present constitution provides that, with limited exception, after five o'clock on the tenth
calendar day prior to session, no legislator may introduce more than five bills. Proposed
constitutional amendment retains present constitution.
Present constitution requires public notice to be given of intent to introduce legislation
effecting public retirement systems, the last date of publication of such notice to be at least
30 days prior to introduction of the bill. Proposed constitutional amendment repeals present
constitution.
Present constitution requires any joint resolution to amend the constitution to be filed at least
10 calendar days prior to the beginning of a regular session. Proposed constitutional
amendment requires all joint resolutions effecting retirement systems to be prefiled no later
than the forty-fifth day prior to the first day of session.
Provides for submission of the proposed amendment to the voters at the statewide election
to be held Nov. 2, 2010.
(Amends Const. Art. III, §2(A)(2) and Art. XIII, §1(A); Repeals Const. Art. X, §29(C))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on House and Governmental
Affairs to the original bill.
1. Changes proposed prefiling deadline for retirement legislation and constitutional
amendments in a regular session from 60 days prior to the first day of session to
45 days prior to the first day of session.
2. Changes proposed notice deadline for retirement legislation in a regular session
from 90 days prior to introduction to 60 days prior to introduction.
House Floor Amendments to the engrossed bill.
1. Repeals Article X, Section 29(C) of the constitution, which requires publication
of notice of intention to introduce retirement legislation.