Documents > Archives > 1996 1st Extraordinary Session Proposed Constitutional Amendments > House Bill 15


This page contains archived information and is no longer maintained.

1996 Archives

UNOFFICIAL BILL

ENROLLED

First Extraordinary Session, 1996

HOUSE BILL NO. 15

BY REPRESENTATIVES THOMPSON, DOWNER, BRUNEAU, R. ALEXANDER, BARTON, BAUDOIN, BOWLER, BRUN, CLARKSON, CRANE, DANIEL, DEVILLE, DIEZ, DIMOS, DONELON, DUPRE, FAUCHEUX, FLAVIN, FORSTER, FRITH, FRUGE, GAUTREAUX, HAMMETT, HEATON, HEBERT, HILL, HOPKINS, JOHNS, KENNARD, KENNEY, LANCASTER, LEBLANC, LONG, MARIONNEAUX, MARTINY, MCDONALD, MCMAINS, PERKINS, POWELL, SCHNEIDER, SHAW, JACK SMITH, JOHN SMITH, STELLY, STRAIN, THERIOT, THEUNISSEN, TOOMY, TRICHE, VITTER, WIGGINS, WINSTON, WALSWORTH, FONTENOT, JENKINS, AND TRAVIS AND SENATORS DARDENNE, EWING, BAGNERIS, HAINKEL, BARHAM, BEAN, BRANCH, CAIN, CASANOVA, COX, DEAN, DYESS, ELLINGTON, JORDAN, LAMBERT, LENTINI, MALONE, PICARD, ROBICHAUX, ROMERO, SCHEDLER, SHORT, AND SMITH

A JOINT RESOLUTION

Proposing to add Article X, Section 29.1 of the Constitution of Louisiana, to prohibit membership of legislators and certain public officials in any public retirement system sponsored by the state of Louisiana or any instrumentality or political subdivision thereof; to exempt elected or appointed officials currently in office; to provide an effective date; to provide for submission of the proposed amendment to the electors; and to provide for related matters.

Notice of intention to introduce this Act has been published as required by Article X, Section 29(C) of the Constitution of Louisiana.

Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members elected to each house concurring, that there shall be submitted to the electors of the state of Louisiana, for their approval or rejection in the manner provided by law, a proposal to add Article X, Section 29.1 of the Constitution of Louisiana, to read as follows:

29.1. Part-time Public Officials

Section 29.1.(A) Except as provided in Paragraph (B), the following elected or appointed officials are hereby deemed to be part-time public servants who, based on such part-time service, shall not participate in, or receive credit for service in, any public retirement system, fund, or plan sponsored by the state of Louisiana or any instrumentality or political subdivision thereof:

(1) Any legislator or any member of a school board, levee board, police jury, or parish council.

(2) Any member of a city council, city-parish council, or town council or any alderman or any constable.

(3) Any member of a board or commission established by the state of Louisiana or any instrumentality or political subdivision thereof unless authorized by law enacted by two-thirds of the elected members of each house.

(4) Any person holding or serving in any other elected or appointed position or office defined to be part-time public service by law enacted by two-thirds of the elected members of each house.

(B) The provisions of Paragraph (A) shall not apply to any person who is serving on January 1, 1997, in any elected or appointed position set forth in Paragraph (A) and who is also a member on January 1, 1997 of a retirement system covering that position.

(C) The provisions of this Section shall not apply to participation in the Louisiana Public Employees Deferred Compensation Plan, or its successor.

(D) This Section shall become effective on January 1, 1997.

Section 2. Be it further resolved that the provisions of this amendment shall become effective on January 1, 1997.

Section 3. Be it further resolved that this proposed amendment shall be submitted to the electors of the state of Louisiana at the congressional general election to be held in 1996.

Section 4. Be it further resolved that on the official ballot to be used at said election there shall be printed a proposition, upon which the electors of the state shall be permitted to vote FOR or AGAINST, to amend the Constitution of Louisiana, which proposition shall read as follows:

To prohibit membership by legislators, members of school boards, levee boards, police juries, parish councils, city councils, city-parish councils, town councils, aldermen, constables, and members of boards or commissions established by the state or any instrumentality or political subdivision who are elected or appointed after January 1, 1997, from participating in any public retirement system sponsored by the state of Louisiana or any instrumentality or political subdivision thereof and to authorize the inclusion of certain positions and offices in the prohibition by a two-thirds vote of the legislature. (Effective January 1, 1997)(Adds Article X, Section 29.1)