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Regular Session, 2010
HOUSE BILL NO. 39
BY REPRESENTATIVE TALBOT
LEGISLATIVE SESSIONS: Relative to extraordinary sessions convened by the legislative
presiding officers, provides for the procedure and the form of the petition to call such
a session and provides relative to the time and duration thereof
AN ACT1
To amend and reenact R.S. 24:11, relative to extraordinary sessions of the legislature; to2
provide for the form of a legislative petition for an extraordinary session of the3
legislature to be convened by the presiding officers of both houses of the legislature4
and for procedures relative to such petitions; to provide relative to the time and5
duration of such extraordinary sessions; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 24:11 is hereby amended and reenacted to read as follows:8
§11. Extraordinary session; petition of legislature; call; limitations9
A. The legislature shall be convened in extraordinary session by the10
presiding officers of both houses upon receipt by the presiding officers of a written11
petition or petitions, in a form as provided in this Section, of a majority of the elected12
members of each house.13
B. The petition of members of the legislature to the presiding officers to call14
the legislature into extraordinary session shall specify the object or objects of the15
session, the date and time at which the session shall convene, and the number of days16
for which the session shall be convened; provided such number of days shall not17 HLS 10RS-38 ORIGINAL
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exceed thirty calendar days. The petition may also specify the particular time the1
session shall adjourn.2
C. The petition provided for by this Section may be contained within a3
concurrent resolution introduced during any session of the legislature or within4
separate House and Senate resolutions which are duplicate in content and are5
introduced during the same session of the legislature. Adoption of such a concurrent6
resolution by a majority of the elected members of each house or adoption of such7
House and Senate resolutions, each by a majority of the elected members of the8
respective house, shall constitute a written petition of a majority of the elected9
members of each house to the presiding officers of each house for the convening of10
an extraordinary session as required by Article III, Section 2 of the Constitution of11
Louisiana. The vote on any such resolution shall be a record vote, and a copy of the12
vote shall be attached to an enrolled copy of the resolution or resolutions, which shall13
be presented to the presiding officers.14
D.(1) The If the petition is not in resolution form, the petition shall also15
provide a designated place for the signature of any member who is in favor of the16
calling of said the extraordinary session and it may specify the particular time the17
session shall adjourn. The signatures required need not all be on a single copy of the18
petition, but a member may sign one of multiple copies of the petition and each19
individual signature shall be counted towards the majority necessary to call the20
extraordinary session. Such petition shall be in substantially the following form:21
PETITION22
STATE CAPITOL23
BATON ROUGE, LOUISIANA24
(DATE)25
We, the undersigned members of the Legislature legislature constituting a26
majority of the elected members of the House of Representatives and the Senate27
thereof, in accordance with the provisions set forth in Article III, Section 2(B) of the28
Constitution of Louisiana, do hereby petition the speaker of the House and the29 HLS 10RS-38 ORIGINAL
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president of the Senate to call the Legislature legislature into extraordinary session1
at the State Capitol in Baton Rouge, Louisiana, commencing at ________ o'clock2
___.m. on __________________, in the year of our Lord _______, for a period not3
to exceed ____ days, after transmittal to you of copies of this petition as signed by4
at least a majority of the elected members of each house of the Legislature5
legislature.6
Said session shall be convened to consider the following enumerated7
object(s): 8
1.9
(Signed) _______________________________10
C. (2) The petition and copies thereof may be circulated and transmitted to11
the presiding officers by the members themselves, or, alternatively, the petition may12
be circulated and transmitted to the presiding officers as provided in Subsection D13
Paragraph (3) of this Subsection.14
D. (3)(a) When at least thirteen senators and thirty-five members of the house15
of representatives determine the necessity for an extraordinary session of the16
legislature they may prepare a petition to call the legislature into extraordinary17
session and submit it to the chief clerical officers of both houses who shall make18
adequate public announcement of its receipt. Such petition shall be in the form19
specified in Subsection B of this section.20
(b) Within forty-eight hours of the after receipt by the presiding chief clerical21
officers of such a petition duly signed by at least thirteen senators and thirty-five22
members of the house of representatives, the clerk of the house House of23
Representatives and the secretary of the senate Senate shall prepare duplicate copies24
of the petition and shall transmit such a copy by certified or registered mail to each25
member of their his respective houses house who has not already signed the petition26
for the purpose of obtaining the requisite number of signatures required to call the27
legislature into extraordinary session. The copies of the petition mailed to all28 HLS 10RS-38 ORIGINAL
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members of the legislature shall be postmarked on the same day. Each duplicate1
copy of the petition shall contain the name of the legislator to whom it is mailed.2
(c) Each member who is in favor of the call for said the extraordinary session3
shall sign the copy of the petition mailed to him and shall return it to the respective4
clerical officer no later than twenty days after the date on which the petition was5
mailed to the members member or, if the date of the session as stated in the petition6
is earlier than twenty-seven twenty-nine days after the date that copies were mailed,7
no later than seven nine days before the date of such session as stated therein. No8
petition received by a clerical officer after five o'clock p.m. on the twentieth day9
after the copies were mailed or on the seventh ninth day before the date of the10
session, whichever is the earlier, shall be counted and the clerical officer shall return11
it to the member. Any member who signed the petition submitted to the chief12
clerical officers and any member who has signed and timely returned a copy of a13
petition may remove his signature from a petition or reclaim the copy he has signed14
by written notice to the respective clerical officer at any time prior to receipt by the15
chief clerical officers of a combination of signatures on the petition and signed16
copies of the petition from a majority of the elected members of each house. No17
signature so removed or copies of a petition so reclaimed shall be counted.18
(d) On the day after the final date for return of signed copies of the petition19
or, if earlier, as soon as a majority of the elected members of each house have has20
signed the petition or timely returned signed copies, if earlier, each of the clerical21
officers shall separately list the names of the members who have signed the petition22
and the members who have timely returned signed copies of the petition to him and23
shall also list the names of those members whose copies of the petition were invalid24
because they were not signed by the member or because they were not timely25
received. Each clerical officer shall sign the list of members he has so prepared and26
shall cause a copy of the petition and a copy of the list to be transmitted to the27
presiding officers and to each member of the legislature. All costs in connection28
with preparation, transmittal, handling, and tabulation of petitions and lists of29 HLS 10RS-38 ORIGINAL
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members returning same petitions shall be paid from funds appropriated for the1
expenses of the two houses.2
(e) If a majority of the elected members of each house sign the petition or3
sign and timely return copies of the petition, the extraordinary session shall be held.4
If a majority of the elected members of each house do not sign the petition or sign5
and timely return copies of the petition, the chief clerical officers shall return the6
signed copies of the petition to the members who signed and returned them.7
E. At least five seven days prior to the date for the convening of an8
extraordinary session as contained in a petition for such a session duly adopted or9
signed by a majority of the elected members of each house and transmitted to the10
presiding officers thereof as provided in this Section, the presiding officers shall11
issue a proclamation calling the extraordinary session, which proclamation shall state12
the objects of the session, the date and time at which the session shall convene, the13
number of days for which it is convened, all as provided in the petition, signed by the14
requisite number of members, and the time the session shall adjourn if included in15
the petition. The power to legislate shall be limited, under penalty of nullity, to the16
objects specifically enumerated in the proclamation.17
F. The petition for an extraordinary session called upon petition of a majority18
of the elected members of each house and a list of members voting on the petition19
resolution or resolutions or signing said the petition or copies thereof, as the case20
may be, shall be entered in the journal of said the session.21
G. When either the governor or the legislature has called an extraordinary22
session of the legislature, neither the governor nor the legislature shall call another23
extraordinary session to overlap or run concurrently with the first extraordinary24
session.25 HLS 10RS-38 ORIGINAL
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DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Talbot HB No. 39
Abstract: Provides relative to special sessions of the legislature convened upon petition of
a majority of the elected members of both houses of the legislature, including
provisions for procedures for and the form of such petitions and for the time and
duration of such sessions. Provides for calling a special session by adoption of a
resolution during a session.
Present constitution (Art. III, §2(B)) provides that the legislature may be convened in
extraordinary (special) session by the governor and shall be convened in such a session by
the presiding officers of both houses upon written petition of a majority of the elected
members of each house. Requires the form of the petition to be provided by law. Requires
the governor or the presiding officers, as the case may be, to issue a proclamation stating the
objects of the session, the date on which it shall convene, and the number of days for which
it is convened at least seven days prior to convening of the extraordinary session. Limits
such session to no more than 30 calendar days.
Present law (R.S. 24:11) provides for the petition as follows:
(1)Requires petition to specify the object(s) of the session, the date and time it shall
convene, and the number of days for which convened (not to exceed 30 calendar
days). Allows petition to specify the time the session will adjourn.
(2)Requires petition to provide for a designated place for the signature of any member
in favor of calling the special session.
(3)Provides the specific form of the petition.
(4)Allows the petition to be circulated and transmitted to the presiding officers by the
members. Alternatively allows the petition (if signed by at least 13 senators and 35
representatives) to be circulated and transmitted by the chief clerical officers of the
Senate and House in accordance with specific procedures and certain deadlines as
provided by present law.
(5)Provides that if the petition is duly signed by the requisite number of members of
each house (majority of the elected members), the petition and a list of members
signing the petition or copies thereof shall be entered in the journal of the session.
Proposed law specifies that multiple copies of the petition may be circulated to gather the
requisite number of signatures.
Proposed law retains present law regarding the form of a petition, but additionally allows the
petition to be contained within a concurrent resolution introduced in any session or within
separate House and Senate resolutions which are duplicate in content and introduced in the
same session. Specifies that adoption of such resolution(s) by a majority of the elected
members of each house shall constitute a written petition of the majority of the elected
members to the presiding officers of each house for the convening of an extraordinary
session as required by the constitution. Requires the vote on any such resolution to be a
record vote and requires a copy of the vote to be attached to an enrolled copy of the
resolution which shall be presented to the presiding officers. HLS 10RS-38 ORIGINAL
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Present law provides that no extraordinary session, whether called by the governor or the
legislature, shall overlap or run concurrently with another extraordinary session. Proposed
law retains present law.
Proposed law makes technical changes to clarify procedures for circulation of copies of
petitions by the chief clerical officers and to clarify language relative to obtaining the
signatures of the necessary majority of the elected members.
(Amends R.S. 24:11)