HLS 10RS-678 ENGROSSED
Page 1 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 800
BY REPRESENTATIVE LAMBERT
LEGISLATIVE SESSIONS: Provides procedures relative to obtaining legislative
concurrence for the governor to call the legislature into extraordinary session
AN ACT1
To enact R.S. 24:11.1, relative to the convening of extraordinary sessions of the legislature;2
to provide for limitations; to provide certain procedures for the concurrence of the3
legislature prior to the convening of certain extraordinary sessions; to provide for4
effectiveness; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 24:11.1 is hereby enacted to read as follows: 7
ยง11.1. Extraordinary session convened by governor; concurrence of the legislature;8
limitations9
A. Whenever the governor determines it necessary to convene the legislature10
in extraordinary session, concurrence of the legislature shall be obtained utilizing the11
following procedure:12
(1) The governor shall provide to the clerk of the House of Representatives13
and the secretary of the Senate the following information:14
(a) The objects proposed to be considered during the extraordinary session.15
(b) The reasons why the governor believes each of the objects needs to be16
addressed in an extraordinary session.17
(c) The proposed number of days for the extraordinary session.18
(d) The estimated cost of the proposed extraordinary session.19 HLS 10RS-678 ENGROSSED
HB NO. 800
Page 2 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(2) The governor shall request the clerk of the House of Representatives and1
the secretary of the Senate to prepare and transmit a ballot to each member of the2
legislature by mail or by an electronic transmission method.3
(3) The ballot shall state "Shall the legislature be convened in extraordinary4
session?" and shall contain the name of the member to whom it is to be transmitted.5
(4) The information required by Paragraph (1) of this Subsection and the6
ballot shall be transmitted to each member on the same day.7
(5) The member shall sign the ballot after casting his vote. Any unsigned8
ballot shall be invalid. The member shall return the ballot to the appropriate clerical9
officer of the legislature no later than 5:00 p.m. ten days after the transmission date.10
(6) A ballot received by the clerk of the House of Representatives or the11
secretary of the Senate after such deadline shall have the date and time received12
marked on each ballot and shall not be valid or counted. Such a ballot shall be13
marked "Invalid". At any time prior to the deadline, a member may withdraw his14
ballot or change his vote upon his written request.15
(7) For the purposes of this Subsection, a ballot received by the clerk of the16
House of Representatives or the secretary of the Senate via an electronic17
transmission method may be accepted provided that it contains the signature of the18
member as required by this Subsection. A ballot so received shall be sealed19
immediately upon receipt, and the date and time received marked on the sealed20
envelope. Its contents shall not be disclosed until the day when all ballots are opened21
and tabulated.22
(8) The clerk of the House of Representatives and the secretary of the Senate23
shall hold such ballots unopened and shall not disclose the contents to any person24
until the day when such ballots are opened and tabulated. No ballot shall be deemed25
invalid if inadvertently opened in processing or if received and sealed pursuant to26
Paragraph (7) of this Subsection.27
(9) On the eleventh day after the date on which the ballots were transmitted,28
the clerk of the House of Representatives and the secretary of the Senate shall open29 HLS 10RS-678 ENGROSSED
HB NO. 800
Page 3 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
and tabulate the vote in roll call order for each house of the legislature. The1
tabulation shall indicate by name those members who voted in favor of the2
proposition, those who voted against the proposition, those who did not vote on the3
proposition, those who did not return the ballot by the deadline, and those whose4
ballot was invalid because it was not signed by the member.5
(10) The clerk and the secretary shall sign the tabulation sheet or sheets and6
transmit a statement of the vote to the governor, the president of the Senate, and the7
speaker of the House of Representatives.8
B. No extraordinary session convened by the governor shall overlap or run9
concurrently with a regular session or another extraordinary session.10
Section 2. This Act shall take effect and become operative if and when the proposed11
amendment of Article III of the Constitution of Louisiana contained in the Act which12
originated as House Bill No.799 of this 2010 Regular Session of the Legislature is adopted13
at a statewide election to be held in 2010 and becomes effective.14
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)]
Lambert HB No. 800
Abstract: Provides for procedures for the governor to obtain concurrence of the legislature
to convene an extraordinary session, which include certain specified information
concerning the extraordinary session and a ballot to be sent by and returned to the
clerk of the House and the secretary of the Senate.
Proposed law provides for the following procedure for the governor to obtain concurrence
of the legislature to convene the legislature in extraordinary session:
(1)Requires the governor to provide to the clerk of the House of Representatives (clerk)
and the secretary of the Senate (secretary): (a) the objects proposed to be considered;
(b) the governor's reasons why the objects need to be addressed in an extraordinary
session; (c) the proposed number of days for the extraordinary session; and (d) the
estimated cost of the proposed extraordinary session.
(2) Provides for the governor to request the clerk and the secretary to prepare and
transmit a ballot to each member of the legislature by mail or by an electronic
transmission method, which states "Shall the legislature be convened in
extraordinary session?". Requires each ballot to contain the name of the member to
whom it is to be transmitted. HLS 10RS-678 ENGROSSED
HB NO. 800
Page 4 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(3)Requires the information above in (1) and the ballot to be transmitted to each
member on the same day. Requires each ballot to be returned no later than 5:00 p.m.
10 days after the transmission date. Requires the ballot to be signed by the member
and provides that any unsigned ballot is invalid. Specifically allows an electronically
transmitted ballot to be accepted provided that it contains the signature of the
member and requires such a ballot to be sealed immediately upon receipt and not
disclosed until the day when all ballots are opened and tabulated. Provides that a
ballot received after the deadline is "Invalid" and shall be marked with the date and
time received. Allows a member to withdraw his ballot or change his vote upon
written request any time prior to the deadline.
(4)Requires the clerk and the secretary to hold all ballots unopened and to not disclose
the contents to any person until the day when the ballots are opened and tabulated.
(5)Provides that on the 11th day after the ballots were transmitted, the clerk and the
secretary shall open and tabulate the vote in roll call order for each house of the
legislature. Requires the tabulation to indicate those who voted in favor, those who
voted against, those who did not vote, those who did not return the ballot by the
deadline, and those whose ballot was invalid because of not being signed by the
member. Requires the clerk and the secretary to sign the tabulation sheet or sheets
and transmit a statement of the vote to the governor, the president of the Senate, and
the speaker of the House of Representatives.
Proposed law further specifies that no extraordinary session convened by the governor shall
overlap or run concurrently with a regular session or another extraordinary session.
Effective if and when the proposed amendment of Article III of the Const. of La. contained
in the Act which originated as House Bill No. 799 of this 2010 R.S. (which requires majority
of each house of the legislature to concur prior to the governor convening the legislature in
extraordinary session) is adopted at a statewide election and becomes effective.
(Adds R.S. 24:11.1)