(a) New Judgeships.
R.S. 13:61 - Judicial Council
of the Supreme Court of Louisiana determines
necessity of creating any new judgeship and provides
information to appropriate legislative standing
committee as to the necessity of creating a new
judgeship. Requests for
new judgeships should be submitted to the Judicial
Council by October 1st.
(b) New court cost or fee or
increase in existing court cost or fee.
R.S. 13:62 - No enactment of a
law providing for a new court cost or fee or to
increase an existing court cost or fee unless first
submitted to the Judicial Council of the Supreme
Court for review and recommendation to the
legislature. Requests
involving court costs should be submitted to the
Judicial Council by November, 2008.
(c) New Assistant District
Attorneys.
R.S. 16:54 - creates the
Governor's Advisory and Review Commission on
Assistant District Attorneys within the office of
the governor. Determines necessity for additional
assistant district attorneys in each judicial
district and prohibits payment of state portion of
compensation for such position unless approved by
the commission.
(d) Mandated Health Insurance
Benefits.
R.S. 24:603.1 - Prior to
consideration by legislative committee, an impact
report is to be attached to any instrument imposting
a health insurance mandate. Impact report to include
reliable estimate of the negative or positive fiscal
effect of such measure, including costs and savings.
9. Text of Joint Rule 20 - Odd-numbered year
session bill and amendment limitationss
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) The resolution to approve the formula to
fund the Minimum Foundation Program.
(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.
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.
Added by SR 121 of 2006 RS
