SLS 13RS-217 ORIGINAL
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Regular Session, 2013
SENATE BILL NO. 22
BY SENATOR NEVERS
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
LOCAL FINANCE. Constitutional Amendment to prohibit unfunded mandates on political
subdivisions or public school systems, with limited exceptions. (2/3 - CA13s1(A))
A JOINT RESOLUTION1
Proposing to amend Article VI, Section 14 of the Constitution of Louisiana, relative to2
exceptions to the prohibition against unfunded mandates on political subdivisions3
and city, parish or other local public school systems; to limit the exceptions for4
political subdivisions to laws enacted and effective prior to 1991, and to limit the5
exceptions for city, parish or other local public school systems to laws enacted and6
effective prior to 2006; and to specify an election for submission of the proposition7
to electors and provide a ballot proposition.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, for10
their approval or rejection in the manner provided by law, a proposal to amend Article VI,11
Section 14 of the Constitution of Louisiana, to read as follows:12
ยง14. Increasing Financial Burden of Political Subdivisions13
Section 14.(A)(1) No law or state executive order, rule, or regulation14
requiring increased expenditures for any purpose shall become effective within a15
political subdivision until approved by ordinance enacted, or resolution adopted, by16
the governing authority of the affected political subdivision or until, and only as long17 SB NO. 22
SLS 13RS-217 ORIGINAL
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as, the legislature appropriates funds for the purpose to the affected political1
subdivision and only to the extent and amount that such funds are provided, or until2
a law provides for a local source of revenue within the political subdivision for the3
purpose and the affected political subdivision is authorized by ordinance or4
resolution to levy and collect such revenue and only to the extent and amount of such5
revenue. This Paragraph shall not apply to a school board city, parish or other local6
public school system.7
(2) This Paragraph shall not apply to :8
(a) A law requested by the governing authority of the affected political9
subdivision.10
(b) A law defining a new crime or amending an existing crime.11
(c) A a law enacted and effective prior to the adoption of the amendment of12
this Section by the electors of the state in 1991.13
(d) A law enacted, or state executive order, rule, or regulation promulgated,14
to comply with a federal mandate.15
(e) A law providing for civil service, minimum wages, hours, working16
conditions, and pension and retirement benefits, or vacation or sick leave benefits for17
firemen and municipal policemen.18
(f) Any instrument adopted or enacted by two-thirds of the elected members19
of each house of the legislature and any rule or regulation adopted to implement such20
instrument or adopted pursuant thereto.21
(g) A law having insignificant fiscal impact on the affected political22
subdivision.23
(B)(1) No law requiring increased expenditures within a city, parish, or other24
local public school system for any purpose shall become effective within such school25
system only as long as the legislature appropriates funds for the purpose to the26
affected school system and only to the extent and amount that such funds are27
provided, or until a law provides for a local source of revenue within the school28
system for the purpose and the affected school board is authorized by ordinance or29 SB NO. 22
SLS 13RS-217 ORIGINAL
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resolution to levy and collect such revenue and only to the extent and amount of such1
revenue. This Paragraph shall not apply to any political subdivision to which2
Paragraph (A) of this Section applies.3
(2) This Paragraph shall not apply to :4
(a) A law requested by the school board of the affected school system.5
(b) A law defining a new crime or amending an existing crime.6
(c) A a law enacted and effective prior to the adoption of the amendment of7
this Section by the electors of the state in 2006.8
(d) A law enacted to comply with a federal mandate.9
(e) Any instrument adopted or enacted by two-thirds of the elected members10
of each house of the legislature.11
(f) A law having insignificant fiscal impact on the affected school system.12
(g) The formula for the Minimum Foundation Program of education as13
required by Article VIII, Section 13(B) of this constitution, nor to any instrument14
adopted or enacted by the legislature approving such formula.15
(h) Any law relative to the implementation of the state school and district16
accountability system.17
Section 2. Be it further resolved that this proposed amendment shall be submitted18
to the electors of the state of Louisiana at the statewide election to be held on November 4,19
2014.20
Section 3. Be it further resolved that on the official ballot to be used at said election21
there shall be printed a proposition, upon which the electors of the state shall be permitted22
to vote YES or NO, to amend the Constitution of Louisiana, which proposition shall read as23
follows:24
Do you support an amendment to prohibit unfunded mandates on political25
subdivisions, except for laws enacted and effective prior to 1991, and to26
prohibit unfunded mandates on city, parish or other local public school27
systems, except for laws enacted and effective prior to 2006?28 SB NO. 22
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(Amends Const. Art. VI, Sec. 14)1
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Julie J. Baxter.
DIGEST
Present constitution provides for exceptions to the prohibition against unfunded mandates
on political subdivisions.
Present constitution provides such exceptions for: 1) laws requested by the governing
authority of the affected political subdivision, 2) laws defining a new crime or amending an
existing crime, 3) laws enacted and effective prior to the adoption of the amendment of
present constitution by the electors of the state in 1991, 4) laws enacted, or state executive
order, rule, or regulation promulgated, to comply with a federal mandate, 5) laws providing
for civil service, minimum wages, hours, working conditions, and pension and retirement
benefits, or vacation or sick leave benefits for firemen and municipal policemen, 6)
instruments adopted or enacted by two-thirds of the elected members of each house of the
legislature and any rule or regulation adopted to implement such instrument or adopted
pursuant thereto, and 7) laws having insignificant fiscal impact on the affected political
subdivision.
Present constitution provides for exceptions to the prohibition against unfunded mandates
on city, parish or other local public school systems.
Present constitution provides such exceptions for: 1) laws requested by the school board or
affected school system, 2) laws defining a new crime or amending an existing crime, 3) laws
enacted and effective prior to the adoption of the amendment of present constitution by the
electors of the state in 2006, 4) laws enacted to comply with a federal mandate, 5) any
instrument adopted or enacted by two-thirds of the elected members of each house of the
legislature, 6) laws having insignificant fiscal impact on the affected school system, 7) the
formula for the Minimum Foundation Program (MPF) of education as required by Article
VIII, Section 13(B) of this constitution, nor to any instrument adopted or enacted by the
legislature approving the MFP formula, and 8) laws relative to the implementation of the
state school and district accountability system.
Proposed constitutional amendment limits the exceptions to the prohibition against unfunded
mandates on all political subdivisions to laws enacted and effective prior to the adoption of
the amendment of the present constitution by the electors of the state in 1991.
Proposed constitutional amendment limits the exceptions to the prohibition against unfunded
mandates on city, parish or other local public school systems to laws enacted and effective
prior to the adoption of the amendment of the present constitution by the electors of the state
in 2006.
Specifies submission of the amendment to the voters at the statewide election to be held on
November 4, 2014.
(Amends Const. Art. VI, Sec. 14)