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CONSTITUTIONAL OR STATUTORY
REQUIREMENTS WITH RESPECT TO DATES AND LEGISLATIVE INSTRUMENTS
1. CONSTITUTIONAL
AMENDMENTS: Must be PREFILED at least 10 days before session begins. The Senate computes as full days and will accept prefilings no later than Thursday, March 18, 2004. The House computes in 24-hour segments and therefore will accept until 12:00 noon on Friday, March 19. (Const. Art. XIII,
§1(A)).
2. DEADLINES FOR
PREFILING AND INTRODUCTION OF BILLS:
(a) Bills must be prefiled not later than 5:00 p.m., Friday, March 19
(Const. Art. III, §2(A)(2)).
(b) A member may introduce no more than five bills which were not
prefiled. They must be introduced not later than 6:00 p.m., Tuesday, April 20
(Const. Art. III, §2(A)(3)(a)). Late introductions are not permitted.
Joint Rule No. 18 provides that the following bills are not subject to the
five-bill limit: general appropriation bill, judicial branch appropriation,
legislative branch appropriation, capital outlay bill, omnibus bond
authorization bill, supplemental appropriations bill, revenue sharing bill,
and ancillary funds bill.
3. NOTICE OF INTENTION
TO INTRODUCE CERTAIN KINDS OF BILLS:
(a) LOCAL BILLS: Notice MUST be published on TWO separate days AT
LEAST 30 DAYS BEFORE INTRODUCTION, without cost to the state, in the
official journal of the locality. The publication need not be on consecutive
days, but must be on two separate days. Last two days to advertise in 2004
are February 26 and February 27 for introduction on first day of session.
(If NOT prefiled, last dates are March 19 and 20.) Newspaper publication
days, weekly journals, and other newspaper deadlines may require earlier
submission to paper. Notice must state substance of the bill and bill MUST
recite that notice was published. If so instructed by author, staff will
send notice to newspaper and obtain certification of publication for
attachment to the bill. The newspaper will bill costs of publication
directly to the author or person specified by author. If advertisement is
handled locally, author should obtain certification from newspaper and
transmit to the House Clerk or Senate Secretary, or staff. (Const. Art. III,
§13)
In the Senate, NO BILL requiring publication of notice prior to introduction will be accepted for prefiling on or before Friday, March 19th UNLESS 30 DAYS HAVE EXPIRED from the last date of publication.
(b) RETIREMENT BILLS: Handled in same manner as local bills (see
(a)), except notice must be published in official state journal (Baton Rouge
Advocate). Due to publication days of Advocate, notice must be
submitted to paper by Friday, February 20 (Monday, March 15, if NOT
prefiled). The author or person the author specifies will be charged
directly by the Advocate for the cost of publication. If bill affects
only a city or other strictly local retirement system, LOCAL NOTICE also is
necessary, as set forth in (a) above. (Const. Art. X,
§29(C))
(c) ASSESSORS' EXPENSE ALLOWANCES: R.S. 47:1908(D) prohibits
change in the allowance unless notice of intent to do so is sent BY
CERTIFIED MAIL BY THE ASSESSOR TO THE SCHOOL BOARD AND PARISH GOVERNING
AUTHORITY AFFECTED, stating the amount of the change. Notice must be sent at
least 10 days prior to the CONVENING of the legislative session. Evidence of
notice must be exhibited to the legislature before passage of the bill. Bill
must recite that notice was given. Last day to give notice in 2004 is
Thursday, March 18. Author should obtain evidence of notice from assessor.
(d) ASSESSORS' COMPENSATION (R.S. 47:1907.1) SHERIFFS' COMPENSATION, (R.S.
33:1421(E)), SCHOOL BOARD MEMBERS' COMPENSATION (R.S. 17:56(D)), AND PARISH
PORTION OF REGISTRARS' OF VOTERS COMPENSATION (R.S. 18:55(B) AND 59(D)):
The Sections cited prohibit introduction of a bill to change the
compensation of an assessor, sheriff, and school board member, and the
parish portion of the salary of a registrar of voters or a chief deputy
registrar or a confidential assistant to a registrar unless notice has been
published on two separate days at least 30 days before introduction, without
cost to the state, in the official journal of the parish. If all assessors,
sheriffs, or school board members (but not registrars of voters or their
chief deputies or assistants) in the state are affected, then notice must
also be published on two separate days at least 30 days before
introduction without cost to the state in the official state journal (Baton
Rouge Advocate). The notice (except registrars and their chief
deputies or assistants) must state the amount of the change. The bill
(except registrars, their chief deputies, or assistants) must recite that
notice has been given, and certification of such publication must be
attached to the bill. If advertisement is handled locally, author should
obtain certification and transmit to the House Clerk or Senate Secretary, or staff. If the author wishes,
staff will send notice to newspaper and obtain certification of publication
for attachment to the bill. The newspaper will bill costs of publication
directly to the author or person author specifies.
4. PREFILING OF BILLS
AND RESOLUTIONS:
(a)
HOUSE
Bills,
joint resolutions (constitutional amendments), and simple or concurrent
resolutions may be prefiled with the Clerk of the House at any time
between regular sessions for introduction at either of the next two
sessions. (No bills may be prefiled for the regular session
after a general election for legislators until after promulgation of the
election returns and no bills may be prefiled for any session between
the convening of the last regular session prior to the general election
for legislators and promulgation of the election returns.) House
research staff will transmit legislative instruments to the Clerk of the
House for prefiling upon direction of the author. House rules no longer
require that such direction be in writing. The Clerk numbers them in
order in which received and reproduces them for distribution to members,
news media, and others. The Speaker refers each prefiled instrument to
committee and notifies author. Referrals of bills prefiled prior to one
week before the session convenes are entered in the Interim Calendar.
Within five days after publication of referral in Interim Calendar, any
member may notify the Speaker IN WRITING of his objection to the
committee referral, stating reasons. House and Governmental Affairs
Committee then determines the committee to which the bill will be
referred. Standing committees may hold presession hearings on prefiled
instruments. (House Rule 7.2)
SENATE
All legislative instruments must be finally prepared by Senate staff prior to its introduction in the Senate. The staff will draft, or receive, and transmit legislative instruments to the Senate Secretary for prefiling, upon WRITTEN direction of author. Legislative instruments may be prefiled with the Senate Secretary AT ANY TIME. The Senate Secretary numbers the bills in ORDER IN WHICH RECEIVED (but only with WRITTEN direction of author to prefile) and reproduces them for distribution to each member, news media, and others. If received by Secretary PRIOR to three weeks before a session, the President refers the instrument to committee and notifies author. Within 10 days after publication of referral in Interim Calendar, any members may notify the President IN WRITING of his objection to the committee referral, stating reasons. The President may reconsider the referral and may refer the bill to another committee. Standing committees may hold pre-session hearings. (Senate Rules 9.1 through 9.9)
(b) Interim Calendars are
mailed to members by respective houses under their rules. Prefiled bills
are mailed to members upon request. (House Rule 12.7 and Senate Rule
14.7)
5. FISCAL NOTES:
Every bill, joint resolution, and simple or concurrent resolution affecting the receipt, expenditure, or allocation of funds of the state or of a political subdivision, or which would authorize issuance of general obligation bonds or other general obligations of the state for capital outlay, must have attached to it, prior to committee consideration, a fiscal note giving a reliable estimate of the fiscal effect of the measure. House rules also require fiscal notes for consideration of such instruments on final passage. The author of a bill is responsible for obtaining fiscal note from legislative fiscal officer. Staff will request fiscal note on behalf of author upon request. When author receives bill draft from staff with memo that bill may require fiscal note, author returns form instructing the House Clerk or Senate Secretary to request or not to request fiscal note. (In the House, instructions received within seven days will be followed until prefiling or introduction. If no response is made within seven days, the House Clerk will order a fiscal note if he decides one is required.) In addition, the chairman of the committee to which the measure is referred may request a fiscal note immediately upon referral of the measure, and the Clerk of the House or the Secretary of the Senate may request a fiscal note upon prefiling or introduction of the measure. A measure requiring a fiscal note which is reported by a House committee without a fiscal note must be returned to the calendar and the House Clerk or Senate Secretary must request a fiscal note. The Clerk or Secretary determines the need for a fiscal note, upon recommendation of staff. (Joint Rule 4, House Rule 7.16, and Senate Rule 7.14)
6. ACTUARIAL NOTES:
Every bill, joint resolution, and simple or concurrent resolution
proposing a change in the law as to any state, municipal, or parochial
retirement system funded in whole or part from public funds must have an
actuarial note attached to it at the time of committee consideration.
Legislative Actuary prepares actuarial notes (R.S. 24:521). The staff will request actuarial note on behalf of author. Procedure is similar to fiscal notes.
7. APPROPRIATIONS TO PAY JUDGMENTS
AGAINST STATE: Appropriations Committee requires a certified copy of
final judgment and proof of finality of judgment before any committee
action on any such bill. The House Appropriations Committee, pursuant to House Resolution No. 15 of the 1987 Regular Session requires that the Clerk of the House be furnished with the attorney's name or names in the suit, the fees involved, and any other pertinent information prior to consideration of the bill for final passage. |
