Louisiana 2013 2013 Regular Session

Louisiana Senate Bill SB29 Comm Sub / Analysis

                    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.
(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)