HLS 10RS-1080 ENGROSSED
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Regular Session, 2010 CORRECTED COPY
HOUSE BILL NO. 401
BY REPRESENTATIVE HARRISON
STUDENT/TUITION: (Constitutional Amendment) Exempts public postsecondary
education tuition amounts and mandatory fees from requirements for imposing a new
or increasing an existing tax or fee
A JOINT RESOLUTION1
Proposing to add Article VII, Section 2.1(C) of the Constitution of Louisiana, relative to2
requirements and procedures for the imposition of or increase in a new state tax or3
fee; to provide exceptions relative to public postsecondary education tuition amounts4
and mandatory fees; to provide for effectiveness; to provide for submission of the5
proposed amendment to the electors; and to provide for related matters.6
Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members7
elected to each house concurring, that there shall be submitted to the electors of the state of8
Louisiana, for their approval or rejection in the manner provided by law, a proposal to add9
Article VII, Section 2.1(C) of the Constitution of Louisiana, to read as follows:10
§2.1. Fees and Civil Fines; Limitation ; Exceptions11
Section 2.112
* * *13
(C) During the period beginning January 1, 2011, and ending December 31,14
2015, the provisions of Paragraph (A) of this Section shall not apply to imposition15
of a new tuition amount or mandatory fee or to an increase in a tuition amount or16
mandatory fee by a public postsecondary education management board.17
Section 2. Be it further resolved that this proposed amendment shall be submitted18
to the electors of the state of Louisiana at the statewide election to be held on November 2,19
2010.20 HLS 10RS-1080 ENGROSSED
HB NO. 401
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Section 3. Be it further resolved that on the official ballot to be used at said election1
there shall be printed a proposition, upon which the electors of the state shall be permitted2
to vote FOR or AGAINST, to amend the Constitution of Louisiana, which proposition shall3
read as follows:4
To provide that during the period beginning January 1, 2011, and ending5
December 31, 2015, the requirement for enactment of a law by a two-thirds6
vote of the legislature for the state to impose any new fee or increase in an7
existing fee shall not apply to new or increases in tuition amounts or8
mandatory fees imposed by a public postsecondary education management9
board. (Adds Article VII, Section 2.1(C))10
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)]
Harrison HB No. 401
Abstract: Provides that for a five-year period beginning Jan. 1, 2011, the postsecondary
management boards will have authority to increase tuition and fees without
legislative action by providing an exemption from the requirement for an enactment
by 2/3 of the legislature approving new or increased fees and fines.
Present constitution (Art. VII, Section 2.1) provides that any new fee or civil fine or increase
in an existing fee or civil fine imposed or assessed by the state or any board, department, or
agency of the state shall require the enactment of a law by a 2/3 vote of the elected members
of each house of the legislature.
Present constitution (Art. VIII, Sections 6, 7, and 7.1) provides public postsecondary
management boards with authority to supervise and manage their respective institutions.
Prior to the adoption of the provisions of present constitution (Art. VII, Section 2.1)
requiring enactment of a law by a 2/3 vote of the legislature for any new or increased fee or
civil fine, public postsecondary management boards determined the amounts of fees and
tuition for their respective institutions.
Proposed constitutional amendment retains present constitution except to provide that during
the period from Jan. 1, 2011, to Dec. 31, 2015, present constitution (Art. VII, Section 2.1)
shall not apply to a new or increased tuition amount or mandatory fee by a public
postsecondary education management board. Present constitution regarding authority of the
management boards to supervise and manage their respective institutions is retained.
Provides for submission of the proposed amendment to the voters at the statewide election
to be held Nov. 2, 2010.
(Adds Const. Art. VII, §2.1(C))