Louisiana 2012 Regular Session

Louisiana Senate Bill SB184 Latest Draft

Bill / Introduced Version

                            SLS 12RS-556	ORIGINAL
Page 1 of 15
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2012
SENATE BILL NO. 184
BY SENATOR CLAITOR 
LEGISLATIVE SESSIONS.  Constitutional amendment to provide for biennial legislative
sessions. (2/3-CA13s1(A))
A JOINT RESOLUTION1
Proposing to amend Article III, Sections 2(A)(1), 16(A) and (E), Article IV, Sections2
5(G)(2) and 9, Article VII, Sections 10(B) and (C)(1), 10.1(C)(1), 10.4(A), 10.5(C),3
10.8(A)(2)(a) and (b), (3)(a) and (b), and (4)(a) and (b), (C)(1)(a), (b)(i) and (ii), and4
(c)(i) and (ii), and (3)(b), 10.10(D)(1), 11(A) and (C), and (27)(B), Article VIII,5
Section 13(B), Article X, Section 13(A), Article XII, Section 6(A)(1), and Article6
XIV, Section 10 and to repeal Article III, Section 2(A)(3) and (4) of the Constitution7
of Louisiana, relative to legislative sessions; to provide that the legislature shall meet8
biennially in regular session in even-numbered years; to remove certain references9
to annual regular sessions and to regular sessions in other years; to provide relative10
to biennial budgeting; and to specify an election for submission of the proposition11
to electors and provide a ballot proposition.12
Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members13
elected to each house concurring, that there shall be submitted to the electors of the state, for14
their approval or rejection in the manner provided by law, a proposal to amend Article III,15
Sections 2(A)(1), 16(A) and (E), Article IV, Sections 5(G)(2) and 9, Article VII, Sections16
10(B) and (C)(1), 10.1(C)(1), 10.4(A), 10.5(C), 10.8(A)(2)(a) and (b), (3)(a) and (b), and17 SB NO. 184
SLS 12RS-556	ORIGINAL
Page 2 of 15
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(4)(a) and (b), (C)(1)(a), (b)(i) and (ii), and (c)(i) and (ii), and (3)(b), 10.10(D)(1), 11(A) and1
(C), and (27)(B), Article VIII, Section 13(B), Article X, Section 13(A), Article XII, Section2
6(A)(1), and Article XIV, Section 10 and to repeal Article III, Section 2(A)(3) and (4) of the3
Constitution of Louisiana, to read as follows:4
ARTICLE III.  LEGISLATIVE BRANCH5
§2. Sessions6
Section 2. (A) Annual Biennial Session. (1) The legislature shall meet7
annually biennially in regular session for a limited number of legislative days in the8
state capital in even-numbered years for not more than one hundred legislative9
days during a period of one hundred twenty-five calendar days. A legislative day10
is a calendar day on which either house is in session.  No such session shall11
continue beyond the one hundred twenty-fifth calendar day after convening.12
The legislature shall convene at noon on the last Monday in January.  No new13
matter intended to have the effect of law shall be introduced or received by14
either house after six o'clock in the evening of the twenty-third calendar day. No15
matter intended to have the effect of law, except a measure proposing a16
suspension of law, shall be considered on third reading and final passage in17
either house after six o'clock in the evening of the fifty-seventh legislative day18
or the eighty-second calendar day, whichever occurs first, except by a favorable19
record vote of two-thirds of the elected members of each house.20
*          *          *21
§16.  Appropriations22
Section 16.(A)  Specific Appropriation for One Year Appropriations.23
Except as otherwise provided by this constitution, no money shall be withdrawn24
from the state treasury except through specific appropriation, for an appropriations25
period not to exceed two years; however, such appropriations shall be allocated26
for each fiscal year. and no appropriation shall be made under the heading of27
contingencies or for longer than one year.28
*          *          *29 SB NO. 184
SLS 12RS-556	ORIGINAL
Page 3 of 15
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(E) Extraordinary Session.  Except for expenses of the legislature, a bill1
appropriating money in an extraordinary session convened after final adjournment2
of the regular session in the last third year of the term of office of a governor shall3
require the favorable vote of three-fourths of the elected members of each house.4
*          *          *5
ARTICLE IV.  EXECUTIVE BRANCH6
*          *          *7
§5. Governor; Powers and Duties8
Section 5. *          *          *9
(G) Item Veto.*          *          *10
(2) The governor shall veto line items or use means provided in the bill so11
that total appropriations for the any year shall not exceed anticipated revenues for12
that year.13
*          *          *14
§9.  Treasurer; Powers and Duties15
Section 9. There shall be a Department of the Treasury.  The treasurer shall16
head the department and shall be responsible for the custody, investment, and17
disbursement of the public funds of the state, except as otherwise provided by this18
constitution. He shall report annually to the governor and to the legislature at least19
one month before each regular session at such time as shall be provided by law on20
the financial condition of the state, and shall have other powers and perform other21
duties authorized by this constitution or provided by law.22
*          *          *23
ARTICLE VII.  REVENUE AND FINANCE24
*          *          *25
§10. Expenditure of State Funds26
Section 10. *          *          *27
(B) Official Forecast. The conference shall prepare and publish initial and28
revised estimates of money to be received by the state general fund and dedicated29 SB NO. 184
SLS 12RS-556	ORIGINAL
Page 4 of 15
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
funds for the current and next two fiscal years which that are available for1
appropriation.  In each estimate, the conference shall designate the money in the2
estimate which is recurring and which is nonrecurring. All conference decisions to3
adopt these estimates shall be by unanimous vote of its members. Changes to the4
unanimous vote requirement shall be made by law enacted by a favorable vote of5
two-thirds of the elected members of each house. The most recently adopted estimate6
of money available for appropriation shall be the official forecast.7
(C) Expenditure Limit. (1) The legislature shall provide for the determination8
of an expenditure limit for each fiscal year to be established during the first quarter9
of the calendar year for the next two fiscal year years. However, the expenditure10
limit for the 1991-1992 Fiscal Year shall be the actual appropriations from the state11
general fund and dedicated funds for that year except funds allocated by Article VII,12
Section 4, Paragraphs (D) and (E). For subsequent fiscal years, the limit shall not13
exceed the expenditure limit for the current fiscal year plus an amount equal to that14
limit times a positive growth factor. The growth factor is the average annual15
percentage rate of change of personal income for Louisiana as defined and reported16
by the United States Department of Commerce for the three calendar years prior to17
the fiscal year for which the limit is calculated.18
*          *          *19
§10.1.  Quality Trust Fund; Education20
Section 10.1. *          *          *21
(C) Reports; Allocation. (1) The State Board of Elementary and Secondary22
Education and the Board of Regents shall annually submit to the legislature and the23
governor not less than sixty days prior to the beginning of each regular session of the24
legislature a proposed program and budget for the expenditure of the monies in the25
Support Fund for each of the next two fiscal years.  Proposals for such26
expenditures shall be designed to improve the quality of education and shall27
specifically designate those monies to be used for administrative costs, as defined28
and authorized by law.29 SB NO. 184
SLS 12RS-556	ORIGINAL
Page 5 of 15
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
*          *          *1
§10.4.  Higher Education Louisiana Partnership Fund; Program2
Section 10.4.(A) Higher Education Louisiana Partnership Fund. (1) There is3
hereby established a special fund in the state treasury to be known as the Higher4
Education Louisiana Partnership Fund, hereinafter referred to as the "fund",5
consisting of monies appropriated annually by the legislature, grants, gifts, and6
donations received by the state for the purposes of this Section, and other revenues7
as may be provided by law; provided that no such monies shall come from the8
allocations provided in Article VII, Section 4, Paragraphs (D) and (E) of this9
constitution.10
*          *          *11
§10.5. Mineral Revenue Audit and Settlement Fund12
Section 10.5. *          *          *13
(C) After making the allocations provided for in Paragraph (A), the treasurer14
shall credit thirty-five million dollars to the Coastal Protection and Restoration Fund,15
and thereafter any monies credited to the fund in any fiscal year may be annually16
appropriated by the legislature only for the purposes of retirement in advance of17
maturity through redemption, purchase, or repayment of debt of the state, pursuant18
to a plan proposed by the State Bond Commission to maximize the savings to the19
state; for payments against the unfunded accrued liability of the public retirement20
systems which are in addition to any payments required for the annual amortization21
of the unfunded accrued liability of the public retirement systems, required by22
Article X, Section 29 of this constitution; however, any such payment to the public23
retirement systems shall not be used, directly or indirectly, to fund cost-of-living24
increases for such systems; and for deposit in the Coastal Protection and Restoration25
Fund.26
*          *          *27
§10.8. Millennium Trust28
Section 10.8. Millennium Trust.29 SB NO. 184
SLS 12RS-556	ORIGINAL
Page 6 of 15
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(A) Creation. *          *          *1
(2)(a) The Health Excellence Fund shall be established as a special fund2
within the Millennium Trust. The treasurer shall credit to the Health Excellence Fund3
one-third of the Settlement Agreement proceeds deposited each year into the4
Millennium Trust, and one-third of all investment earnings on the investment of the5
Millennium Trust. The treasurer shall report annually at the time and in the form6
fixed by law to the legislature as to the amount of Millennium Trust investment7
earnings credited to the Health Excellence Fund.8
(b) Beginning Fiscal Year 2011-2012, and each fiscal year thereafter, the9
treasurer shall credit to the Health Excellence Fund one-third of all investment10
earnings on the investment of the Millennium Trust. The treasurer shall report11
annually at the time and in the form fixed by law to the legislature as to the12
amount of Millennium Trust investment earnings credited to the Health Excellence13
Fund.14
*          *          *15
(3)(a) The Education Excellence Fund shall be established as a special fund16
within the Millennium Trust. The treasurer shall credit to the Education Excellence17
Fund one-third of the Settlement Agreement proceeds deposited each year into the18
Millennium Trust, and one-third of all investment earnings on the investment of the19
Millennium Trust. The treasurer shall report annually at the time and in the form20
fixed by law to the legislature and the state superintendent of education as to the21
amount of Millennium Trust investment earnings credited to the Education22
Excellence Fund.23
(b) Beginning Fiscal Year 2011-2012, and each fiscal year thereafter, the24
treasurer shall credit to the Education Excellence Fund one-third of all investment25
earnings on the investment of the Millennium Trust. The treasurer shall report26
annually at the time and in the form fixed by law to the legislature and the state27
superintendent of education as to the amount of Millennium Trust investment28
earnings credited to the Education Excellence Fund.29 SB NO. 184
SLS 12RS-556	ORIGINAL
Page 7 of 15
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(4)(a) The TOPS Fund shall be established as a special fund within the1
Millennium Trust. The treasurer shall deposit in and credit to the TOPS Fund one-2
third of the Settlement Agreement proceeds deposited into the Millennium Trust, and3
one-third of all investment earnings on the investment of the Millennium Trust. The4
treasurer shall report annually at the time and in the form fixed by law to the5
legislature as to the amount of Millennium Trust investment earnings credited to the6
TOPS Fund.7
(b) Beginning Fiscal Year 2011-2012, and each fiscal year thereafter, the8
treasurer shall credit to the TOPS Fund one hundred percent of the Settlement9
Agreement proceeds deposited into the Millennium Trust, and one-third of all10
investment earnings on the investment of the Millennium Trust. The treasurer shall11
report annually at the time and in the form fixed by law to the legislature as to the12
amount of Millennium Trust Settlement Agreement proceeds and investment13
earnings credited to the TOPS Fund.14
*          *          *15
(C) Appropriations. (1)(a) Appropriations from the Education Excellence16
Fund shall be limited to an annual amount not to exceed the estimated aggregate17
annual earnings from interest, dividends, and realized capital gains on investment of18
the trust allocated as provided by Paragraph (A) of this Section and as recognized by19
the Revenue Estimating Conference. Amounts determined to be available for20
appropriation shall be those aggregate investment earnings which are in excess of an21
inflation factor as determined by the Revenue Estimating Conference. The amount22
of realized capital gains on investment which may be included in the aggregate23
earnings available for appropriation in any year shall not exceed the aggregate of24
earnings from interest and dividends for that year.25
(b)(i) For Fiscal Year 2011-2012, appropriations from the Health Excellence26
Fund shall be limited to an annual amount not to exceed the estimated aggregate27
annual earnings from interest, dividends, and realized capital gains on investment of28
the trust and credited to the Health Excellence Fund as provided by Subsubparagraph29 SB NO. 184
SLS 12RS-556	ORIGINAL
Page 8 of 15
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(A)(2)(b) of this Section and as recognized by the Revenue Estimating Conference.1
(ii) For Fiscal Year 2012-2013, and each fiscal year thereafter, appropriations2
from the Health Excellence Fund shall be limited to an annual amount not to exceed3
the estimated aggregate annual earnings from interest, dividends, and realized capital4
gains on investment of the trust and credited to the Health Excellence Fund as5
provided by Subsubparagraph (A)(2)(b) of this Section and as recognized by the6
Revenue Estimating Conference and the amount of proceeds credited to and7
deposited into the Health Excellence Fund as provided by Subsubparagraph (A)(2)(c)8
of this Section.9
(c)(i) For Fiscal Year 2011-2012, appropriations from the TOPS Fund shall10
be limited to the amount of Settlement Agreement proceeds credited to and deposited11
into the TOPS Fund as provided by Subsubparagraphs (A)(4)(b) and (c) of this12
Section, and an annual amount not to exceed the estimated aggregate annual earnings13
from interest, dividends, and realized capital gains on investment of the trust and14
credited to the TOPS Fund as provided by Subsubparagraph (A)(4)(b) of this Section15
and as recognized by the Revenue Estimating Conference.16
(ii) For Fiscal Year 2012-2013, and each fiscal year thereafter, appropriations17
from the TOPS Fund shall be limited to the amount of annual Settlement Agreement18
proceeds credited to and deposited into the TOPS Fund as provided in19
Subsubparagraph (A)(4)(b) of this Section, and an annual amount not to exceed the20
estimated aggregate annual earnings from interest, dividends, and realized capital21
gains on investment of the trust and credited to the TOPS Fund as provided in22
Subsubparagraph (A)(4)(b) of this Section and as recognized by the Revenue23
Estimating Conference.24
*          *          *25
(3) Appropriations from the Education Excellence Fund shall be limited as26
follows:27
*          *          *28
(b) Appropriations shall be made each year to the Louisiana School for the29 SB NO. 184
SLS 12RS-556	ORIGINAL
Page 9 of 15
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Deaf, the Louisiana School for the Visually Impaired, the Louisiana Special1
Education Center in Alexandria, the Louisiana School for Math, Science and the2
Arts, the New Orleans Center for Creative Arts and the Louis Armstrong High3
School for the Arts, after such schools are operational, to provide for a payment to4
each school of seventy-five thousand dollars plus an allocation for each pupil equal5
to the average statewide per pupil amount provided each city, parish, and local6
school system pursuant to Subsubparagraphs (d) and (e) of this Subparagraph.7
*          *          *8
§10.10. Millennium Leverage Fund9
Section 10.10.*          *          *10
(D) Appropriations. (1) The legislature may annually appropriate the bond11
proceeds credited to the Leverage Fund and all earnings, income, and realized capital12
gains on investment of monies in the Leverage Fund as recognized as available for13
appropriation in the official forecast of the Revenue Estimating Conference. The14
Revenue Estimating Conference shall include in its forecast of monies available for15
appropriation only that amount of earnings, income, and realized capital gains which16
are in excess of inflation as determined by the conference.17
*          *          *18
§11. Budgets19
Section 11.(A) Budget Estimate. The governor shall submit to the legislature,20
at the time and in the form fixed by law, a budget estimate for the next two fiscal21
year years setting forth all proposed state expenditures. This budget shall include a22
recommendation for appropriations for each fiscal year from the state general fund23
and from dedicated funds, except funds allocated by Article VII, Section 4,24
Paragraphs (D) and (E), which shall not exceed the official forecast of the Revenue25
Estimating Conference and the expenditure limit for the fiscal year. The26
recommendation shall also comply with the provisions of Article VII, Section 10(D).27
This budget shall include a recommendation for funding of state salary supplements28
for full-time law enforcement and fire protection officers of the state, as provided in29 SB NO. 184
SLS 12RS-556	ORIGINAL
Page 10 of 15
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Article VII, Section 10(D)(3) of this constitution.1
*          *          *2
(C) Capital Budget. The governor shall submit to the legislature, at each3
regular session the time and in the form fixed by law, a proposed five-year capital4
outlay program and request implementation of the first year two years of the5
program. Prior to inclusion in the comprehensive capital budget which the legislature6
adopts, each capital improvement project shall be evaluated through a feasibility7
study, as defined by the legislature, which shall include an analysis of need and8
estimates of construction and operating costs. The legislature shall provide by law9
for procedures, standards, and criteria for the evaluation of such feasibility studies10
and shall set the schedule of submission of such feasibility studies which shall take11
effect not later than December thirty-first following the first regular session12
convening after this Paragraph takes effect. These procedures, standards, and criteria13
for evaluation of such feasibility studies cannot be changed or altered except by a14
separate legislative instrument approved by a favorable vote of two-thirds of the15
elected members of each house of the legislature. For those projects not eligible for16
funding under the provisions of Article VII, Section 27 of this constitution, the17
request for implementation of the first year of the program shall include a list of the18
proposed projects in priority order based on the evaluation of the feasibility studies19
submitted. Capital outlay projects approved by the legislature shall be made a part20
of the comprehensive state capital budget, which shall be adopted by the legislature.21
*          *          *22
§27. Transportation Trust Fund23
Section 27. *          *          *24
(B) The monies in the trust fund shall be appropriated or dedicated solely and25
exclusively for the costs for and associated with construction and maintenance of the26
roads and bridges of the state and federal highway systems, the Statewide27
Flood-Control Program or its successor, ports, airports, transit, state police for traffic28
control purposes, and the Parish Transportation Fund or its successor and for the29 SB NO. 184
SLS 12RS-556	ORIGINAL
Page 11 of 15
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
payment of all principal, interest, premium, if any, and other obligations incident to1
the issuance, security, and payment in respect of bonds or other obligations payable2
from the trust fund as authorized in Paragraph (D) hereof. Unless pledged to the3
repayment of bonds authorized in Paragraphs (C) or (D) of this Section, the monies4
in the trust fund allocated to ports, airports, flood control, parish transportation, and5
state highway construction shall be appropriated annually for each fiscal year by the6
legislature only pursuant to programs established by law which establish a system7
of priorities for the expenditure of such monies, except that the Transportation8
Infrastructure Model for Economic Development, which shall include only those9
projects enumerated in House Bill 17 of the 1989 First Extraordinary Session of the10
Legislature and US Highway 61 from Thompson Creek to the Mississippi Line, in11
lieu of "US 61-Bains to Mississippi Line", and US Highway 165 from I-10 to12
Alexandria to Monroe to Bastrop and thence on US Highway 425 from Bastrop to13
the Arkansas Line, in lieu of "US 165-I-10 Alexandria-Monroe-Bastrop-Arkansas14
Line" and LA 15-Natchez, Mississippi to Chase in lieu of "LA 15-Natchez,15
Mississippi to Monroe", shall be funded as provided by law. The state generated tax16
monies appropriated for ports, Parish Transportation Fund, or its successor, and the17
Statewide Flood-Control Program, or its successor, and state police for traffic control18
purposes shall not exceed twenty percent annually of the state generated tax revenues19
in the trust fund; provided, however, that no less than the avails of one cent of the tax20
on gasoline and special fuels shall be appropriated for each year to the Parish21
Transportation Fund, or its successor. The annual appropriation for each fiscal year22
for airports shall be a sum equal to, but not greater than, the annual estimated23
revenue to be derived from the state taxes to be collected and received on aviation24
fuel for that fiscal year. Unencumbered and unexpended balances at the end of each25
fiscal year shall remain in the trust fund. The earnings realized in each fiscal year on26
the investment of monies in the trust fund shall be deposited in and credited to the27
trust fund.28
*          *          *29 SB NO. 184
SLS 12RS-556	ORIGINAL
Page 12 of 15
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
ARTICLE VIII.  EDUCATION1
*          *          *2
§13.  Funding; Apportionment3
Section 13. *          *          *4
(B) Minimum Foundation Program. The State Board of Elementary and5
Secondary Education, or its successor, shall annually every two years develop and6
adopt a formula which that shall be used to determine the cost of a minimum7
foundation program of education in all public elementary and secondary schools as8
well as to equitably allocate the funds to parish and city school systems. Such9
formula shall provide for a contribution by every city and parish school system. Prior10
to approval of the formula by the legislature, the legislature may return the formula11
adopted by the board to the board and may recommend to the board an amended12
formula for consideration by the board and submission to the legislature for13
approval. The legislature shall annually appropriate funds for each fiscal year14
sufficient to fully fund the current cost to the state of such a program as determined15
by applying the approved formula in order to insure a minimum foundation of16
education in all public elementary and secondary schools. Neither the governor nor17
the legislature may reduce such appropriation, except that the governor may reduce18
such appropriation using means provided in the act containing the appropriation19
provided that any such reduction is consented to in writing by two-thirds of the20
elected members of each house of the legislature. The funds appropriated shall be21
equitably allocated to parish and city school systems according to the formula as22
adopted by the State Board of Elementary and Secondary Education, or its successor,23
and approved by the legislature prior to making the appropriation. Whenever the24
legislature fails to approve the formula most recently adopted by the board, or its25
successor, the last formula adopted by the board, or its successor, and approved by26
the legislature shall be used for the determination of the cost of the minimum27
foundation program and for the allocation of funds appropriated.28
*          *          *29 SB NO. 184
SLS 12RS-556	ORIGINAL
Page 13 of 15
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
ARTICLE X.  PUBLIC OFFICIALS AND EMPLOYEES1
*          *          *2
§13.  Appropriations3
Section 13.(A) State.  The legislature shall make adequate annual4
appropriations to the State Civil Service Commission and to the Department of State5
Civil Service to enable them to implement this Part efficiently and effectively.  The6
amount so appropriated shall not be subject to veto by the governor.7
*          *          *8
ARTICLE XII.  GENERAL PROVISIONS9
*          *          *10
§6.  Lotteries; Gaming, Gambling, or Wagering11
Section 6.(A) Lotteries. (1) The legislature may provide for the creation and12
operation of a state lottery and may create a special corporation for that purpose13
whose employees shall not be subject to state civil service. The net proceeds from14
the operation of the lottery shall be deposited in a special fund created in the state15
treasury entitled the Lottery Proceeds Fund. Amounts deposited in the fund shall not16
be appropriated for expenditure in the same calendar year in which they are received.17
The legislature shall annually appropriate from the fund only for the purposes of the18
minimum foundation program and no more than five hundred thousand dollars for19
services related to compulsive and problem gaming as may be provided by law.20
*          *          *21
ARTICLE XIV.  TRANSITIONAL PROVISIONS22
§10. Offshore Mineral Revenues; Use of Funds23
Section 10. Funds derived from offshore mineral leases and held in escrow24
under agreement between the state and the United States pending settlement of the25
dispute between the parties shall be deposited in the state treasury when received.26
Upon such settlement, these funds and the interest from their investment, except the27
portion otherwise allocated or dedicated by this constitution, shall be used by the28
state treasurer to purchase, retire, or pay in advance of maturity the existing bonded29 SB NO. 184
SLS 12RS-556	ORIGINAL
Page 14 of 15
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
indebtedness of the state or shall be invested for that purpose. If any of these funds1
cannot be so expended within one year, the legislature may appropriate annually, for2
capital improvements or for the purchase of land, ten percent of the remaining funds,3
not to exceed ten million dollars in one year.4
Section 2. Be it further resolved that this amendment, after its approval, shall5
become effective January 1, 2014.6
Section 3. Be it further resolved that this proposed amendment shall be submitted7
to the electors of the state of Louisiana at the statewide election to be held on November 6,8
2012.9
Section 4. Be it further resolved that on the official ballot to be used at said election10
there shall be printed a proposition, upon which the electors of the state shall be permitted11
to vote YES or NO, to amend the Constitution of Louisiana, which proposition shall read as12
follows:13
To provide that the legislature shall meet in regular session biennially in14
even-numbered years only, to remove certain references to annual regular15
sessions and to regular sessions in odd-numbered years, and to provide that16
the state shall operate on a biennial budget cycle.  (Amends Constitution17
Article III, Sections 2(A)(1), 16(A) and (E), Article IV, Sections 5(G)(2) and18
9, Article VII, Sections 10(B) and (C)(1), 10.1(C)(1), 10.4(A), 10.5(C),19
10.8(A)(2)(a) and (b), (3)(a) and (b), and (4)(a) and (b), (C)(1)(a), (b)(i) and20
(ii), (c)(i) and (ii), and (3)(b), 10.10(D)(1), 11(A) and (C), and (27)(B),21
Article VIII, Section 13(B), Article X, Section 13(A), Article XII, Section22
6(A)(1), and Article XIV, Section 10; repeals Article III, Section 2(A)(3) and23
(4))24
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Lauren Bailey.
DIGEST
Present constitutions provides that the legislature is to meet annually in regular session for
a limited number of legislative days in the state capital, a legislative day being a calendar
day on which either house is in session. SB NO. 184
SLS 12RS-556	ORIGINAL
Page 15 of 15
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Present constitution provides that all regular sessions convening in even-numbered years are
to be general in nature and convene at noon on the last Monday in March, with such session
lasting for not more than 60 legislative days during a period of 85 calendar days.
Present constitution provides that all regular sessions convening in odd-numbered years are
to convene at noon on the last Monday in April, with such session lasting for not more than
45 legislative days in a period of 60 calendar days.
Present constitution further provides that during any session convening in an odd-numbered
year, no matter intended to have the effect of law, including any suspension of law, can be
introduced or considered unless its object is to enact the General Appropriation Bill, enact
the comprehensive capital budget, make an appropriation, levy or authorize a new tax,
increase an existing tax, levy, authorize, increase, decrease, or repeal a fee, dedicate revenue,
legislate with regard to tax exemptions, exclusions, deductions, reductions, repeals, or
credits, or legislate with regard to the issuance of bonds.
Proposed constitutional amendment repeals these provisions of present constitution, and
further provides that the legislature is to meet biennially in regular session in even-numbered
years for not more than 100 legislative days during a period of not more than125 calendar
days.
Proposed constitutional amendment further provides that the legislature is to convene at
noon on the last Monday in March, and no new matter intended to have the effect of law can
be introduced or received by either house after 6:00 p.m. of the 23
rd
 calendar day, and no
matter intended to have the effect of law, except a measure proposing a suspension of law,
can be considered on 3
rd
 reading and final passage in either house after 6:00 p.m. on the 57
th
legislative day or the 82
nd
 calendar day, whichever occurs first, except by a favorable record
vote of two-thirds of the elected members of each house.
Present constitution provides relative to the state operating on an annual budget cycle.
Proposed constitutional amendment provides for the state to adopt a biennial budget cycle
in conjunction with the biennial sessions provided for by proposed constitutional
amendment.
Effective January 1, 2014, if approved by voters.
Specifies submission of the amendment to the voters at the statewide election to be held on
November 6, 2012.
(Amends Const. Art. III, Sec. 2(A)(1), 16(A) and (E), Art. IV, Sec. 5(G)(2) and 9, Art. VII,
Sec. 10(B) and (C)(1), 10.1(C)(1), 10.4(A), 10.5(C), 10.8(A)(2)(a) and (b), (3)(a) and (b),
and (4)(a) and (b), (C)(1)(a), (b)(i) and (ii), and (c)(i) and (ii), and (3)(b), 10.10(D)(1), 11(A)
and (C), and (27)(B), Art. VIII, Sec. 13(B), Art. X, Sec. 13(A), Art. XII, Sec. 6(A)(1), and
Art. XIV, Sec. 10; repeals Art. III, Sec. 2(A)(3) and (4))