Louisiana 2010 Regular Session

Louisiana Senate Bill SB345 Latest Draft

Bill / Engrossed Version

                            SLS 10RS-132	ENGROSSED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2010
SENATE BILL NO. 345
BY SENATOR DONAHUE 
FUNDS/FUNDING. Constitutional amendment to exempt public postsecondary education
tuition amounts and mandatory fees from requirements for imposing a new or increasing an
existing tax or fee. (2/3-CA13s1(A))
A JOINT RESOLUTION1
Proposing to add Article VII, Section 2.1(C) of the Constitution of Louisiana, relative to the2
constitutional requirements and procedures for the imposition or increase in a fee or3
civil fine; to provide exceptions relative to public postsecondary education tuition4
amounts and mandatory fees; to provide with respect to the cost of attendance at5
public institutions of postsecondary education; and to specify an election for6
submission of the proposition to electors and provide a ballot proposition.7
Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members8
elected to each house concurring, that there shall be submitted to the electors of the state, for9
their approval or rejection in the manner provided by law, a proposal to add Article VII,10
Section 2.1(C) of the Constitution of Louisiana, to read as follows:11
§2.1.  Fees and Civil Fines; Limitation	; Exceptions12
Section 2.1.13
*          *          *14
(C) The provisions of Paragraph (A) of this Section shall not apply to the15
imposition of a new tuition amount or mandatory fee or to an increase in a16
tuition amount or mandatory fee by a public postsecondary education17 SB NO. 345
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
management board.1
Section 2. Be it further resolved that this proposed amendment shall be submitted2
to the electors of the state of Louisiana at the statewide election to be held on November 2,3
2010.4
Section 3. Be it further resolved that on the official ballot to be used at said election5
there shall be printed a proposition, upon which the electors of the state shall be permitted6
to vote FOR or AGAINST, to amend the Constitution of Louisiana, which proposition shall7
read as follows:8
To provide that the requirement for enactment of a law by a two-thirds vote9
of the legislature for the state to impose any new fee or increase in an10
existing fee shall not apply to new or increases in tuition amounts or11
mandatory fees imposed by a public postsecondary education management12
board.  (Adds Article VII, Section 2.1(C))13
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Sherri H. Breaux.
DIGEST
Donahue (SB 345)
Present constitution 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.
Specifies that present constitution requirement does not apply to any department which is
constitutionally created and headed by an officer who is elected by majority vote of the
electorate of the state.
Proposed constitutional amendment retains present constitution and provides that present
constitution requirement shall not apply to imposition of a new tuition amount or mandatory
fee or the increase in a tuition amount or mandatory fee by a public postsecondary education
management board.
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))