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Regular Session, 2013
SENATE BILL NO. 29
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 laws providing5
for certain benefits for firemen and municipal policemen, and to limit the exceptions6
for city, parish or other local public school systems to laws enacted and effective7
prior to 2006; and to specify an election for submission of the proposition to electors8
and provide a ballot proposition.9
Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members10
elected to each house concurring, that there shall be submitted to the electors of the state, for11
their approval or rejection in the manner provided by law, a proposal to amend Article VI,12
Section 14 of the Constitution of Louisiana, to read as follows:13
ยง14. Increasing Financial Burden of Political Subdivisions14
Section 14.(A)(1) No law or state executive order, rule, or regulation15
requiring increased expenditures for any purpose shall become effective within a16
political subdivision until approved by ordinance enacted, or resolution adopted, by17 SB NO. 29
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the governing authority of the affected political subdivision or until, and only as long1
as, the legislature appropriates funds for the purpose to the affected political2
subdivision and only to the extent and amount that such funds are provided, or until3
a law provides for a local source of revenue within the political subdivision for the4
purpose and the affected political subdivision is authorized by ordinance or5
resolution to levy and collect such revenue and only to the extent and amount of such6
revenue. This Paragraph shall not apply to a school board city, parish or other local7
public school system.8
(2) This Paragraph shall not apply to:9
(a) A law requested by the governing authority of the affected political10
subdivision.11
(b) A law defining a new crime or amending an existing crime.12
(c) (a) A law enacted and effective prior to the adoption of the amendment13
of this Section by the electors of the state in 1991.14
(d) A law enacted, or state executive order, rule, or regulation promulgated,15
to comply with a federal mandate.16
(e) (b) A law providing for civil service, minimum wages, hours, working17
conditions, and pension and retirement benefits, or vacation or sick leave benefits for18
firemen and municipal policemen.19
(f) Any instrument adopted or enacted by two-thirds of the elected members20
of each house of the legislature and any rule or regulation adopted to implement such21
instrument or adopted pursuant thereto.22
(g) A law having insignificant fiscal impact on the affected political23
subdivision.24
(B)(1) No law requiring increased expenditures within a city, parish, or other25
local public school system for any purpose shall become effective within such school26
system until, and only as long as, the legislature appropriates funds for the purpose27
to the affected school system and only to the extent and amount that such funds are28
provided, or until a law provides for a local source of revenue within the school29 SB NO. 29
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system for the purpose and the affected school board is authorized by ordinance or1
resolution to levy and collect such revenue and only to the extent and amount of such2
revenue. This Paragraph shall not apply to any political subdivision to which3
Paragraph (A) of this Section applies.4
(2) This Paragraph shall not apply to :5
(a) A law requested by the school board of the affected school system.6
(b) A law defining a new crime or amending an existing crime.7
(c) A a law enacted and effective prior to the adoption of the amendment of8
this Section by the electors of the state in 2006.9
(d) A law enacted to comply with a federal mandate.10
(e) Any instrument adopted or enacted by two-thirds of the elected members11
of each house of the legislature.12
(f) A law having insignificant fiscal impact on the affected school system.13
(g) The formula for the Minimum Foundation Program of education as14
required by Article VIII, Section 13(B) of this constitution, nor to any instrument15
adopted or enacted by the legislature approving such formula.16
(h) Any law relative to the implementation of the state school and district17
accountability system.18
Section 2. Be it further resolved that this proposed amendment shall be submitted19
to the electors of the state of Louisiana at the statewide election to be held on November 4,20
2014.21
Section 3. Be it further resolved that on the official ballot to be used at said election22
there shall be printed a proposition, upon which the electors of the state shall be permitted23
to vote YES or NO, to amend the Constitution of Louisiana, which proposition shall read as24
follows:25
Do you support an amendment that would prohibit unfunded mandates on26
political subdivisions except for laws enacted and effective prior to 1991 and27
laws providing for civil service, minimum wages, hours, working conditions,28 SB NO. 29
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and pension and retirement benefits, or vacation or sick leave benefits for1
firemen and municipal policemen and that would prohibit unfunded2
mandates on city, parish or other local public school systems, except for laws3
enacted and effective prior to 2006?4
(Amends Const. Art. VI, Sec. 14)5
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.
(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.
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, and to 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.
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. SB NO. 29
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(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 (MFP) 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.
(8)Laws relative to the implementation of the state school and district accountability
system. Further provides that no laws requiring increased expenditures within a city,
parish, or other local public school system for any purpose shall become effective
within such school system only as long as the legislature appropriates funds for the
purpose to the affected school system, and then only to the extent funded.
Proposed constitutional amendment provides that no laws requiring increased expenditures
within a city, parish or other local public school system for any purpose shall become
effective within such school system until, and only as long as, the legislature appropriates
funds for the purpose to the affected school system, and then only to the extent funded.
Proposed constitutional amendment further 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)