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Louisiana School Board Financial Burden Prohibition, Amendment 9 (September 2006)

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Louisiana Constitution
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Preamble
Articles
IIIIIIIVVVIVIIVIIIIXXXIXIIXIIIXIV
Louisiana Amendment 9 (Primary), also known as the Prohibition on Increasing Financial Burden of a City, Parish or Local Public School Board, was on the September 30, 2006 primary election ballot in Louisiana as a legislatively-referred constitutional amendment, where it was approved.[1]

Election results

Amendment 9, Primary
ResultVotesPercentage
Approveda Yes 605,220 71%
No298,58929%

Text of measure

The language that appeared on the ballot:

To be considered in the September 30, 2006 primary election. To provide that no law, unless enacted by two-thirds of the elected members of each house of the legislature, requiring increased expenditures for any purpose shall be applicable to any city, parish, or other local public school board until approved by school board resolution or until, and as long as, the legislature appropriates funds to the school board for the purpose and only to the extent and amount of such funds or until a law provides for a local source of revenue to the school board for the purpose and the school board is authorized to levy and collect such revenue and only to the extent and amount of such revenue; and to provide for exceptions to such prohibition on increasing the financial burden of city, parish, and other local public school boards.

(Amends Article VI, Section 14)

SENATE BILL NO. 296, REGULAR SESSION, 2006

Present Constitution prohibits a law or state executive order, rule, or regulation requiring increased expenditures for any purpose from becoming effective within a political subdivision until approved by the governing authority of the affected political subdivision or until the legislature appropriates and provides sufficient funds for the purpose to the affected political subdivision or until a law provides a local source of revenue for the purpose and the affected political subdivision is authorized to levy and collect such revenue. This prohibition does not apply to a school board.

Present Constitution further provides that the prohibition shall not apply to: (1) a law requested by the governing authority of the affected political subdivision; (2) a law defining a new crime or amending an existing crime; (3) a law enacted and effective prior to 1991; (4) a law enacted, or state executive order, rule, or regulation promulgated to comply with a federal mandate; (5) a law 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) any instrument adopted or enacted by 2/3 of the elected members of both houses of the legislature and any rule or regulation adopted pursuant to such instrument; or (7) a law having insignificant fiscal impact on the affected political subdivision.

Proposed Constitutional Amendment provides that no law requiring increased expenditures within a city, parish, or other local public school system for any purpose shall become effective within the school system only as long as the legislature appropriates and provides funds for the purpose to the affected school system, or until a law provides a local source of revenue within the school system for the purpose and the school board is authorized by ordinance or resolution to levy and collect such revenue. Further provides that this shall not apply to: (1) a law requested by the school board of the affected school system; (2) a law defining a new crime or amending an existing crime; (3) a law enacted and effective prior to the adoption of this amendment by the electors of the state in 2006; (4) a law enacted to comply with a federal mandate; (5) any instrument enacted by 2/3 of the elected members of each house of the legislature; (6) a law having insignificant fiscal impact on the affected school system; (7) the formula for the Minimum Foundation Program of education nor any instrument enacted by the legislature approving such formula; or (8) any law relative to the implementation of the state school and district accountability system.

See also


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