HLS 13RS-202 REENGROSSED Page 1 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. 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 * * *14 (2)15 * * *16 (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 REENGROSSED HB NO. 407 Page 2 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. 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 * * *3 (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 * * *28 HLS 13RS-202 REENGROSSED HB NO. 407 Page 3 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. 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 at least thirty-five days earlier than the10 general prefiling deadline? (Amends Article III, Section 2(A)(2)(b) and (d)11 and Article XIII, Section 1(A)(2); Adds Article III, Section 2(A)(2)(e))12 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 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. HLS 13RS-202 REENGROSSED HB NO. 407 Page 4 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. 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.