SLS 12RS-172 REENGROSSED Page 1 of 5 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. 21 BY SENATOR GUILLORY LEGIS POWERS/FUNCTIONS. Constitutional amendment to provide for prefiling and notice deadlines for bills affecting public retirement systems. (2/3-CA13s1(A)) A JOINT RESOLUTION1 Proposing to amend Article III, Section 2(A)(2), Article X, Section 29(C), and Article XIII,2 Section 1(A) of the Constitution of Louisiana, relative to Acts of the legislature3 relative to public retirement systems; to provide relative to the prefiling deadline for4 retirement legislation; to provide relative to the public notice requirement for5 retirement legislation; to provide for submission of the proposed amendment to the6 electors; and to provide a ballot proposition.7 Notice of intention to introduce this Act has been published.8 Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members9 elected to each house concurring, that there shall be submitted to the electors of the state of10 Louisiana, for their approval or rejection in the manner provided by law, a proposal to11 amend Article III, Section 2(A)(2) of the Constitution of Louisiana, to read as follows:12 §2. Sessions13 Section 2.(A) Annual Session.14 * * *15 (2)(a) Any prefiled bill to effect any change in laws relating to any16 retirement system for public employees to be introduced in either house shall17 SB NO. 21 SLS 12RS-172 REENGROSSED Page 2 of 5 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. be prefiled no later than five o'clock in the evening of the forty-fifth calendar1 day prior to the first day of a 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 day7 prior to the first day of a regular session no member of the legislature may8 introduce more than five bills, except as provided in the joint rules of the legislature.9 The legislature is authorized to provide by joint rule for the procedures for passage10 of duplicate or 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 X, Section 29(C) of the Constitution of Louisiana, to read as16 follows:17 §29. Retirement and Survivor's Benefits18 Section 29.19 * * *20 (C) Retirement Systems; Change; Notice. No proposal to effect any change21 in existing laws or constitutional provisions relating to any retirement system for22 public employees shall be introduced in the legislature unless notice of intention to23 introduce the proposal has been published, without cost to the state, in the official24 state journal on two separate days. The last day of publication shall be at least thirty25 sixty days before introduction of the bill. The notice shall state the substance of the26 contemplated law or proposal, and the bill shall contain a recital that the notice has27 been given.28 * * *29 SB NO. 21 SLS 12RS-172 REENGROSSED Page 3 of 5 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. Section 3. Be it further resolved by the Legislature of Louisiana, two-thirds1 of the members elected to each house concurring, that there shall be submitted to the2 electors of the state of Louisiana, for their approval or rejection in the manner3 provided by law, a proposal to amend Article XIII, Section 1(A) of the Constitution4 of Louisiana, to read as follows:5 §1. Amendments6 Section 1.(A)(1) Procedure. An amendment to this constitution may be7 proposed by joint resolution at any regular session of the legislature, but the8 resolution shall be prefiled, at least ten days before the beginning of the session or9 as provided in Subparagraph (2) of this Paragraph, in accordance with the rules10 of the house in which introduced. An amendment to this constitution may be11 proposed at any extraordinary session of the legislature if it is within the objects of12 the call of the session and is introduced in the first five calendar days thereof. If13 two-thirds of the elected members of each house concur in the resolution, pursuant14 to all of the procedures and formalities required for passage of a bill except15 submission to the governor, the secretary of state shall have the proposed amendment16 published once in the official journal of each parish within not less than thirty nor17 more than sixty days preceding the election at which the proposed amendment is to18 be submitted to the electors. Each joint resolution shall specify the statewide19 election at which the proposed amendment shall be submitted. Special elections for20 submitting proposed amendments may be authorized by law.21 (2) Any joint resolution proposed at a regular session of the legislature22 which effects any change in constitutional provisions relating to any retirement23 system for public employees shall be prefiled no later than five o'clock in the24 evening of the forty-fifth calendar day prior to the first day of session.25 * * *26 Section 4. Be it further resolved that this proposed amendment shall be submitted27 to the electors of the state of Louisiana at the statewide election to be held on November 6,28 2012.29 SB NO. 21 SLS 12RS-172 REENGROSSED Page 4 of 5 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. Section 5. 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 YES or NO, to amend the Constitution of Louisiana, which proposition shall read as3 follows:4 Do you support an amendment to require legislation effecting any change to5 laws concerning retirement systems for public employees to be filed no later6 than forty-five days before the start of a regular legislative session and to7 require the completion of public notice requirements regarding such bills no8 later than sixty days before introduction of the bill? (Amends Article III,9 Section 2(A)(2), Article X, Section 29(C), and Article XIII, Section 1(A))10 The original instrument was prepared by Lauren Bailey. The following digest, which does not constitute a part of the legislative instrument, was prepared by Ann S. Brown. DIGEST Guillory (SB 21) 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 prefiled bills effecting a change in retirement systems for public employees. Proposed constitutional amendment requires retirement instruments that are prefiled 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 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 60 days prior to introduction of the bill. 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. 6, 2012. (Amends Const. Art. III, §2(A)(2), Art. XIII, §1(A) and Art. X, §29(C)) SB NO. 21 SLS 12RS-172 REENGROSSED Page 5 of 5 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. Summary of Amendments Adopted by Senate Senate Floor Amendments to engrossed bill. 1. Technical amendments.