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2007 REGULAR LEGISLATIVE SESSION INFORMATION BULLETIN

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(1)(a)   Subject Matter (Const. Art. III, 2(A)(4))

  




(b) Exceptions

(i) 5 bills not within subject matter

   



(ii) Local & Special bills - unlimited (Const. Art. III, 2(A)(4))

 

Limited to measures to enact a 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.

 

Each member may PREFILE up to, but not more than, 5 bills whose subject matter is outside the limitations of this session. (See information on prefiling under (4) below.)

 

Each member may prefile an unlimited number of local or special bills (those which are required to be and have been advertised) and may introduce up to five such bills that have not been prefiled.

No member may introduce more than five bills which have not been prefiled. (See (4) below). This limitation applies to bills which are within the subject matter limits of this session and to local or special bills.

(2)   Convening and Final Adjournment (Const. Art. III, 2(A)(4))

Convenes Noon, Monday, April 30, 2007; adjourns not later than 6:00 p.m. on Thursday, June 28, 2007

(3)   Length of Session (Const. Art. III, 2(A)(4)) Maximum 45 legislative days during a 60 calendar day period
(4)   Constitutional Amendments (Const. Art. XIII, 1(A)) Must be PREFILED not later than Thursday, April 19. (House computes in hours and will accept until noon Friday, April 20.) See Note 1.
(5)   Bills (Const. Art. III, 2(A)(2) and (4))

       See Joint Rules for exceptions. (JR 18)

 

Must be PREFILED not later than 5:00 p.m., Friday, April 20. After this time, a member may introduce no more than five additional bills not later than 6:00 p.m., Wednesday, May 9. 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 - April 19.
See Note 3.

(9)   Deadline for 3rd Reading/Final Passage (Const. Art. III, 2(A)(4)) 6:00 p.m. of the 42nd legislative day or the 57th calendar day, whichever occurs first. (Thereafter, if authorized by 2/3 vote of both houses.)
(10)   Effective date of Acts

August 15, 2007, 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, April 19, 2007. The House computes in 24-hour segments and therefore will accept until 12:00 noon on Friday, April 20, 2007. (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, April 20, 2007 (Const. Art. III, 2(A)(2)).

(b) A member may introduce no more than five bills which were not prefiled. Bills whose subject matter is outside session limitations (except local and special bills) must be prefiled. They must be introduced not later than 6:00 pm, Wednesday, May 9, 2007 (Const. Art. III, 2(A)(4)). 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.

Senate Bills will be accepted for prefiling on or before Friday, April 20th 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 (April 30th).

House Bills will be accepted for prefiling on or before Friday, April 20th 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 (May 9th).

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 2007 are March 29 and 30, for introduction on first day of session. (If NOT prefiled, last dates are April 7 and 8.) Newspaper publication days, weekly journals, and other newspaper deadlines may require earlier submission to paper.  Note particularly that April 7 and 8 fall on a weekend and some newspapers do not publish on weekends.  Notice must state substance of the bill and bill MUST recite that notice was published. At author's instruction, staff will send notice to newspaper and obtain certification of publication to attach to the bill. The newspaper will bill publication charges 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 Paragraph (a) above), 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 3:00 p.m. Friday, March 23 (3:00 p.m. Monday, April 2, if NOT introduced on the first day of the session). The author or person the author specifies will be billed directly by the Advocate for publication charges. If bill affects only a city or other strictly local retirement system, LOCAL NOTICE also is necessary, as set forth in Paragraph (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 2007 is Thursday, April 19. 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 same dates above in (a) and (b) for local and retirement bills apply.) 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 publication charges directly to the author or person the 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 prefiled instruments 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 and after a bill is reported by committee. 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.