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Regular Session, 2013
SENATE CONCURRENT RESOLUTI ON NO. 107
BY SENATOR NEVERS
INTERGOVERN RELATIONS. Creates a study commission to study the impact of
unfunded mandates in Louisiana and the potential impact of removing exceptions to
Louisiana's constitutional ban on unfunded mandates.
A CONCURRENT RESOLUTI ON1
To create and establish the Unfunded Mandates Study Commission to study the impact of2
unfunded state mandates in the state of Louisiana and the potential effects upon state,3
parish, and municipal budgets of removing present exceptions to Louisiana's4
constitutional ban on unfunded mandates.5
WHEREAS, Louisiana Constitution Article VI, Section 14 prohibits, with certain6
exceptions, the state from imposing unfunded mandates upon political subdivisions and city,7
parish, or other local public school systems; and8
WHEREAS, the present exceptions in such section to the prohibition on unfunded9
mandates are numerous and allow for millions of dollars worth of unfunded mandates to be10
imposed upon political subdivisions and school systems throughout the state; and 11
WHEREAS, the costs of unfunded mandates can result in significant strains upon the12
budgets of school boards, parish governments, police jury associations, cities and13
municipalities. 14
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby15
create and establish the Unfunded Mandates Study Commission for the purpose of defining16
and studying the impacts of unfunded mandates as well as the potential effects of removing17
any or all of the present exceptions to Louisiana's constitutional ban on unfunded mandates,18 SCR NO. 107
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and making recommendations to the Louisiana Legislature on whether to remove any or all1
of the present exceptions to Louisiana's constitutional ban on unfunded mandates.2
BE IT FURTHER RESOLVED that the Unfunded Mandates Study Commission shall3
be composed of thirteen members as follows:4
(1) One at-large member appointed by the governor; 5
(2) One member appointed by the chair of the Louisiana Senate and Governmental6
Affairs Committee; 7
(3) One member appointed by the chair of the Louisiana House and Governmental8
Affairs Committee;9
(4) One representative from the Legislative Fiscal Office; 10
(5) One representative from the Louisiana Police Jury Association; 11
(6) One representative from the Louisiana Municipal Association; 12
(7) One representative from the Louisiana School Board Association; 13
(8) One representative from the Louisiana Association of Educators;14
(9) One representative from the Louisiana Federation of Teachers; 15
(10) One representative from the Association of Professional Educators in Louisiana;16
(11) One representative from the Louisiana Association of Business and Industry;17
(12) One representative from the Council for a Better Louisiana; and18
(13) One representative from the Public Affairs Research Council. 19
BE IT FURTHER RESOLVED that in making appointments to the commission, the20
appointing authorities shall seek to provide diversity in the commission's membership,21
including diversity of geography, race, and gender.22
BE IT FURTHER RESOLVED that the Unfunded Mandates Study Commission shall23
hold its first meeting at the state capitol as soon as practicable, but in no event later than24
thirty days after adjournment sine die of the 2013 Regular Session of the Legislature, on the25
call of the president of the Senate and that at such organizational meeting the commission26
shall elect a chairman, a vice chairman, and such other officers as it finds necessary and shall27
adopt rules for its own procedure which shall be subject to later amendment by the28
commission.29
BE IT FURTHER RESOLVED that the Unfunded Mandates Study Commission30 SCR NO. 107
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shall meet at the state capitol upon the call of the chairman as often as deemed necessary to1
carry out its duties, but for a minimum of at least three meetings; that a majority of the2
commission shall constitute a quorum for the transaction of business; that members shall3
serve without compensation, but may receive such per diem or reimbursement for travel and4
expenses as may be provided by their board, agency or appointing authority; and that the5
Louisiana Legislature shall provide primary administrative and staff support to the6
commission.7
BE IT FURTHER RESOLVED that the commission shall study and determine its8
findings and recommendations on the following:9
(1) Defining and identifying unfunded mandates in Louisiana. 10
(2) Determining how the exceptions to the prohibition on unfunded mandates11
presently set forth in Article VI, Section 14 impact the governance and budgets of Louisiana12
municipalities, cities, parishes and school systems.13
(3) Assessing how removal of each of the present exceptions to the prohibition on14
unfunded mandates set forth in Article VI, Section 14 would impact the state budget as well15
as the governance and budgets of Louisiana municipalities, cities, parishes and school16
systems.17
BE IT FURTHER RESOLVED that the commission shall complete its work and18
submit a written report containing the commission's findings and proposed recommendations19
on or before January 15, 2014. The commission shall submit its report to the presiding20
officers of the Louisiana Senate and the Louisiana House of Representatives. 21
BE IT FURTHER RESOLVED that the commission shall terminate and all authority22
for its existence shall end on June 30, 2014.23
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Julie J. Baxter.
DIGEST
Nevers SCR No. 107
Creates the Unfunded Mandates Study Commission, provides for duties and membership,
and requires a report to the presiding officers of the Legislature on or before January 15,
2014.