Louisiana 2013 2013 Regular Session

Louisiana House Bill HB407 Engrossed / Bill

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Regular Session, 2013
HOUSE BILL NO. 407
BY REPRESENTATIVE ROBIDEAUX
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
LEGISLATIVE POWERS: (Constitutional Amendment)  Provides relative to prefiling and
consideration of certain legislation at regular sessions
A JOINT RESOLUTION1
Proposing to amend Article III, Section 2(A)(2)(b) and (d) and Article XIII, Section 1(A)(2)2
and to add Article III, Section 2(A)(2)(e) of the Constitution of Louisiana, to provide3
relative to legislative sessions; to provide relative to prefiling of certain proposed4
legislation; to provide for submission of the proposed amendment to the electors; and5
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 to9
amend Article III, Section 2(A)(2)(b) and (d) and to add Article III, Section 2(A)(2)(e) of10
the Constitution of Louisiana, to read as follows:11
§2.  Sessions12
Section 2.(A)  Annual Session.13
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(2)15
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(b) Except as provided in Subsubparagraph Subsubparagraphs (c) and (d) of17
this Subparagraph, any bill that is to be prefiled for introduction in either house shall18 HLS 13RS-202	ENGROSSED
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be prefiled no later than five o'clock in the evening of the tenth calendar day prior1
to the first day of a regular session.2
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(d)  Each bill the object of which is to legislate with regard to tax exemptions,4
exclusions, deductions, reductions, repeals, rebates, incentives, abatements, or credits5
shall be prefiled. Each such bill shall be prefiled no later than five o'clock in the6
evening of the forty-fifth calendar day prior to the first day of a regular session.7
(e) The legislature is authorized to provide by joint rule for the procedures8
for passage of duplicate or companion instruments.9
*          *          *10
Section 2. Be it further resolved by the Legislature of Louisiana, two-thirds of the11
members elected to each house concurring, that there shall be submitted to the electors of12
the state of Louisiana, for their approval or rejection in the manner provided by law, a13
proposal to amend Article XIII, Section 1(A)(2) of the Constitution of Louisiana, to read as14
follows:15
§1.  Amendments16
Section 1.(A)17
*          *          *18
(2)(a) Any joint resolution proposed at a regular session of the legislature19
which effects any change in constitutional provisions relating to any retirement20
system for public employees shall be prefiled no later than five o'clock in the21
evening of the forty-fifth calendar day prior to the first day of session.22
(b) Any joint resolution proposed at a regular session of the legislature which23
would amend this constitution relative to tax exemptions, exclusions, deductions,24
reductions, repeals, rebates, incentives, abatements, or credits shall be prefiled no25
later than five o'clock in the evening of the forty-fifth calendar day prior to the first26
day of session.27
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Section 3. Be it further resolved that this proposed amendment shall be submitted1
to the electors of the state of Louisiana at the statewide election to be held on November 4,2
2014.3
Section 4. Be it further resolved that on the official ballot to be used at the election,4
there shall be printed a proposition, upon which the electors of the state shall be permitted5
to vote YES or NO, to amend the Constitution of Louisiana, which proposition shall read as6
follows:7
Do you support an amendment to require proposed legislation relative to tax8
exemptions, exclusions, deductions, reductions, repeals, rebates, incentives,9
abatements, or credits to be prefiled thirty-five days earlier than the general10
prefiling deadline?11
(Amends Article III, Section 2(A)(2)(b) and (d) and Article XIII, Section12
1(A)(2); Adds Article III, Section 2(A)(2)(e))13
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. 407
Abstract: Requires proposed legislation relative to tax exemptions, exclusions, deductions,
reductions, repeals, incentives, abatements, or credits to be prefiled no later than 45
days prior to the first day of a regular session.
Present constitution provides that no member may introduce more than five bills that were
not prefiled, except as provided in the joint rules of the legislature.  Provides that any bill
that is to be prefiled for introduction in either house shall be prefiled no later than 5 p.m. of
the 10th calendar day prior to the first day of a regular session. However, provides that any
bill to effect any change in laws relating to any retirement system for public employees that
is to be prefiled for introduction in either house shall be prefiled no later than 5 p.m. of the
45th calendar day prior to the first day of a regular session.
Proposed constitutional amendment retains present constitution and additionally provides
that each bill the object of which is to legislate with regard to tax exemptions, exclusions,
deductions, reductions, repeals, rebates, incentives, abatements, or credits shall be prefiled.
Requires each such bill to be prefiled no later than 5 p.m. of the 45th calendar day prior to
the first day of a regular session.
Present constitution (Const. Art. XIII, §1) provides that an amendment to the constitution
may be proposed by joint resolution at any regular session of the legislature, but the
resolution shall be prefiled at least 10 days before the beginning of the session in accordance
with the rules of the house in which introduced. Provides, however, that any joint resolution
proposed at a regular session of the legislature which effects any change in constitutional HLS 13RS-202	ENGROSSED
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provisions relating to any retirement system for public employees shall be prefiled no later
than 5 p.m. of the 45th calendar day prior to the first day of session.
Proposed constitutional amendment retains present constitution and additionally provides
that any joint resolution proposed at a regular session of the legislature which would amend
the constitution relative to tax exemptions, exclusions, deductions, reductions, repeals,
rebates, incentives, abatements, or credits shall be prefiled no later than 5 p.m. of the 45th
calendar 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. 4, 2014.
(Amends Const. Art. III, §2(A)(2)(b) and (d) and Art. XIII, §1(A)(2); Adds Const. Art. III,
§2(A)(2)(e))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on House and Governmental
Affairs to the original bill.
1. Removes proposed provision restricting the enactment of legislation relative to
tax rebates to a regular session convening in an odd-numbered year.
2. Adds legislation relative to tax incentives and abatements to list of proposed
legislation that shall be prefiled no later than 45 days prior to the first day of a
regular session.