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2008 REGULAR LEGISLATIVE SESSION INFORMATION BULLETIN

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(1)(a)   Subject Matter (Const. Art. III, 2(A)(3)(b)) General in nature; however, no measure levying or authorizing a new STATE tax or by any statewide political subdivision whose boundaries are coterminous with the state, increasing an existing STATE tax or by any statewide political subdivision whose boundaries are coterminous with the state, or legislating with regard to STATE tax exemptions, exclusions, deductions, or credits shall be introduced or enacted.
(2)   Convening and Final Adjournment (Const. Art. III, 2(A)(3)(a))

Convenes Noon, Monday, March 31, 2008; adjourns not later than 6:00 p.m. on Monday, June 23, 2008

(3)   Length of Session (Const. Art. III, 2(A)(3)(a)) Maximum 60 legislative days during a 85 calendar day period
(4)   Constitutional Amendments (Const. Art. XIII, 1(A)) Must be PREFILED not later than Thursday, March 20. (House computes in hours and will accept until noon Friday, March 21.) See Note 1.
(5)   Bills (Const. Art. III, 2(A)(2))

       See Joint Rules for exceptions. (JR 18)

Must be PREFILED not later than 5:00 p.m., Friday, March 21. After this time, a member may introduce no more than five additional bills not later than 6:00 p.m., Tuesday, April 22. See Note 2.
(6)   Advertisement of local and retirement bills
       (Const. Art. III, 13 and Art. X, 29(C))
Publication on two separate days at least 30 days prior to introduction. See Note 3.
(7)   Compensation notices Publication on two separate days at least 30 days prior to introduction. See Note 3.

 

(8)   (a) Assessor's salary or other emolument notice
             ( R.S. 47:1907.1)

         (b) Assessor's expense allowance notice
             ( R.S. 47:1908(D))

Publication on two separate days at least 30 days prior to introduction. See Note 3.

Last day to mail notice to school board and governing authority of each affected parish - March 20.
See Note 3.

(9)   Deadline for 3rd Reading/Final Passage (Const. Art. III, 2(A)(3)(a)) 6:00 p.m. of the 57th legislative day or the 82nd calendar day (June 20), whichever occurs first. (Thereafter, if authorized by 2/3 vote of both houses.)
(10)   Effective date of Acts

August 15, 2008, unless bill otherwise specifically provides.


20 days after governor's proclamation of the election results by which adopted, unless amendment otherwise specifically provides.



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 20, 2008. The House computes in 24-hour segments and therefore will accept until 12:00 noon on Friday, March 21, 2008. (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 21, 2008 (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 pm, Tuesday, April 22, 2008, (Const. Art. III, 2(A)(2) and Const. Art. III, 2(A)(3)(a)(4)). 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.

Senate Bills will be accepted for prefiling on or before Friday, March 21st if the Senate receives proof that local notice has been published and that 30 days after the last publication date will expire prior to the first day for introduction of bills (Monday, March 31st).

House Bills will be accepted for prefiling on or before Friday, March 21st if the House receives proof that local notice has been published and that 30 days after the last publication date will expire prior to the last day for introduction of bills (Tuesday, April 22th).

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 2008 are February 28 and 29, for introduction on first day of session. (If NOT prefiled, last dates are March 21 and 22.) 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)

(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 Tuesday, February 26 (Tuesday, March 18, 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 2008 is Thursday, March 20. 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 certification of the election of the member 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 certification of such member's election.) 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, but writing is preferred. 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, beginning on the 3rd Monday in January. (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. (Senate Rules 7.6, and 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 (in some cases the legislative auditor). 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 rules require that the Clerk of the House requests a fiscal note. Under House rules, the Clerk of the House determines the need for a fiscal note, upon recommendation of House Legislative Services 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.

8. MISCELLANEOUS REQUIREMENTS REGARDING STATUTORY ENACTMENTS.

(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 January 15th.

(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 January 15, 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.