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      JRULE 20     

  

Joint Rule No. 20.  Odd-numbered year session bill limitations; amendment limitations

In order to place the restrictions and limitations of Article III, Section 2(A)(4)(b) of the Constitution of Louisiana into the rules, procedures, and practices of the Senate and the House of Representatives and to provide guidance to the members of the legislature through the application of Louisiana case law as well as the logical extrapolations which arise from such case law, the legislature does adopt this Joint Rule, as follows:

A.  During any regular session convening in an odd-numbered year, no matter intended to have the effect of law, including any suspension of law, shall be introduced, considered, or adopted unless it meets one of the following criteria:

(1)(a)  Its object is to enact the General Appropriation Bill; enact the comprehensive capital budget; make an appropriation; levy or authorize a new tax; increase an existing tax; levy, authorize, increase, decrease, or repeal a fee; dedicate revenue; legislate with regard to tax exemptions, exclusions, deductions, reductions, repeals, or credits; or legislate with regard to the issuance of bonds.

(b)  Bills or resolutions which may be considered pursuant to this Subparagraph shall include but not be limited to:

(i)  Bills to enact court costs or judicial fees levied and collected in support of the judicial system of the state or of any parish or municipality.

(ii)  Bills relative to filing or recordation fees collected by clerks of the various courts of record.

(iii)  Repealed by HCR 14, 2013, eff. June 7, 2013.

(iv)  Resolutions suspending law whose object is listed in Article III, Section 2(A)(4)(b)(introductory paragraph) of the Constitution of Louisiana.

(2)(a)  Its object is to enact a local or special law which is required to be and has been advertised in accordance with Article III, Section 13 of the Constitution of Louisiana and is not prohibited by the provisions of Article III, Section 12 of the Constitution of Louisiana.

(b)  Bills or resolutions which may be considered pursuant to this Subparagraph shall include but not be limited to:

(i)  Bills to enact a statute to create or provide relative to one or more particular school boards.

(ii)  Bills which are enabling legislation relative to the subdivision of a school system.

(iii)  Bills to call elections pursuant to Article XII, Section 6(C)(1)(a) of the Constitution of Louisiana.

(iv)  Bills to allocate revenue dedicated to a local governmental subdivision.

(v)  Bills relative to particular levee districts.

(vi)  Bills relative to particular airport authorities.

(vii)  Bills relative to ports which are not deep water ports under Article VI, Section 43 of the Constitution of Louisiana.

(viii)  Bills relative to local retirement systems.

(ix)  Bills to establish or to amend provisions relative to one or more special districts.

(x)  Resolutions suspending law whose object is a local or special law which is subject to Article III, Section 2(A)(4)(b)(ii) of the Constitution of Louisiana.

(3)(a)  Its object is not within the subject matter restrictions provided in Article III, Section 2(A)(4)(b)(introductory paragraph) of the Constitution of Louisiana or within the exception provided by Article III, Section 2(A)(4)(b)(ii) of the Constitution of Louisiana, but it is prefiled no later than the deadline provided in Article III, Section 2(A) of the Constitution of Louisiana, provided that a member shall not prefile more than five such matters.

(b)  Bills or resolutions which may be considered pursuant to this Subparagraph, including those which have applicability in a particular locale but which are not required to be advertised as provided by Article III, Section 13 of the Constitution of Louisiana which shall be considered only pursuant to this Subparagraph, shall include but shall not be limited to:

(i)  Bills relative to institutions and officers for which provision is made in Article V of the Constitution of Louisiana.

(ii)  Bills relative to deep water ports, as defined in Article VI, Section 43 of the Constitution of Louisiana.

(iii)  Bills relative to gaming, pursuant to Article XII, Section 6(C) of the Constitution of Louisiana, except a bill pursuant to Article XII, Section 6(C)(1)(a) of the Constitution of Louisiana providing with respect to elections.

(iv)  Bills relative to state agencies, institutions, entities, facilities, property, roads, or bridges.

(v)  Bills which provide relative to local or city school systems pursuant to Article VIII, Section 13(D)(2) of the Constitution of Louisiana.

(vi)  Bills, the effects of which are limited to a local classification established by a population range description, which is based upon the latest decennial census.

(vii)  Bills relative to protecting the state's natural resources or environment.

(viii)  Joint resolutions whose object is not listed in Article III, Section 2(A)(4)(b)(introductory paragraph) of the Constitution of Louisiana.

(ix)  Resolutions suspending law whose object is not listed in Article III, Section 2(A)(4)(b)(introductory paragraph) of the Constitution of Louisiana nor subject to Article III, Section 2(A)(4)(b)(ii) of the Constitution of Louisiana.

(x)  The resolution to approve the formula to fund the Minimum Foundation Program.

B.  During any regular session convening in an odd-numbered year, no substitute bill nor amendment, including an amendment proposed pursuant to a conference committee report, shall be considered or adopted that:

(1)  Would cause a matter intended to have the effect of law introduced in accordance with Article III, Section 2(A)(4)(b)(introductory paragraph) of the Constitution of Louisiana to be changed so that such matter should have been prefiled in accordance with provisions of Article III, Section 2(A)(4)(b)(i), thereby circumventing the limitations of such provisions.

(2)  Would cause a matter intended to have the effect of law introduced in accordance with Article III, Section 2(A)(4)(b)(ii) of the Constitution of Louisiana to be changed so that such matter should have been prefiled in accordance with provisions of Article III, Section 2(A)(4)(b)(i), thereby circumventing the limitations of such provisions.

(3)  Would introduce a new matter intended to have the effect of law into another matter, which new matter was not prefiled in accordance with the provisions of Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana, thereby circumventing the limitations of such provisions.

(4)  Would introduce a new local or special matter intended to have the effect of law which is subject to Article III, Section 2(A)(4)(b)(ii) of the Constitution of Louisiana into another matter, which new matter was not introduced pursuant to Article III, Section 2(A)(4)(b)(ii) of the Constitution of Louisiana.

(5)  Would change the lead author of a matter prefiled in accordance with the provisions of Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana, thereby circumventing the limitations of such provisions.

SCR 121, 2006 R.S., eff. June 15, 2006; HCR 14, 2013, eff. June 7, 2013.



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