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Regular Session, 2012
HOUSE RESOLUTION NO. 14
BY REPRESENTATIVES SMITH AND HUNTER
LEGISLATIVE AFFAIRS: Requires further public hearing and opportunity for public
testimony on certain bills after typical working hours
A RESOLUTION1
To require additional public hearings and opportunities for public testimony on certain2
specified proposed legislation and to require such hearings to be held on Fridays3
after 5:00 p.m., Saturdays, or Sundays.4
WHEREAS, there are several specific proposed legislative measures, particularly5
House Bill No. 976 and Senate Bill No. 597 (school choice), House Bill No. 974 and Senate6
Bill No. 603 (teacher tenure), House Bill No. 933 and Senate Bill No. 581 (early childhood7
education), and House Bill No. 969 (tax rebate to taxpayers who donate to certain school8
tuition organizations), being considered in the 2012 Regular Session of the Legislature of9
Louisiana, passage of which would affect K-12 school children and their teachers and10
parents as well as school administrations and systems; and 11
WHEREAS, the legislature should provide the maximum opportunity for school12
teachers and administrators and the parents of school children to attend and participate in13
public hearings regarding these legislative instruments; and 14
WHEREAS, Article III, Section 15 of the Constitution of Louisiana requires that15
action on a matter intended to have the effect of law be taken only in an open, public16
meeting and provides that no bill shall be considered for final passage unless a committee17
has held a public hearing on the bill; and 18
WHEREAS, the Open Meetings Law provides that "It is essential to maintaining a19
democratic society that public business be performed in an open and public manner and that20 HLS 12RS-1690 ORIGINAL
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the citizens be advised of and aware of the performance of public officials and the1
deliberations and decisions that go into the making of public policy"; and2
WHEREAS, House Rule 6.9(A) of the Rules of Order of the House of3
Representatives provides that "No legislative instrument shall be reported by a committee4
unless an open, public hearing on the instrument has first been held by the committee with5
due notice given and opportunity provided for interested persons to appear to testify for or6
against the proposal"; and7
WHEREAS, House Rule 14.32 of the Rules of Order of the House of8
Representatives provides that "At any time a committee holds a public hearing, whether on9
an instrument or other matter before the committee, opportunity to appear before the10
committee shall be provided to a representative number of proponents and opponents on11
each issue which the instrument or matter presents" and "To be certain that an opportunity12
is afforded all persons who desire to be heard, the chairman shall inquire at the beginning13
of the hearing on each matter if there are additional persons who wish to be heard other than14
those who have previously notified the committee. The chairman shall allot the time15
available for the hearing in an equitable manner among those persons who are to be heard";16
and17
WHEREAS, while hundreds, if not thousands, of interested persons took time to18
attempt to attend and participate in the legislative committee hearings held during the week19
of March 12 through 16, 2012, holding the hearings during a weekday required many to be20
absent from their professional duties and the cessation of the school days for students in21
several locations throughout the state; and22
WHEREAS, given the magnitude of the proposed changes, the number of persons23
that will be impacted by the enactment of such legislation, and the desire and interest of24
thousands to attend hearings on the proposed legislation, special consideration should be25
given to holding additional public hearings on such legislation, including hearings by26
standing committees, on days that would permit maximum public participation; and 27
WHEREAS, even though the legislature does not normally meet on Fridays,28
Saturdays, or Sundays, it is imperative to provide an opportunity for stakeholders to engage29
and be heard; and 30 HLS 12RS-1690 ORIGINAL
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WHEREAS, holding public hearings on such legislative measures on Fridays after1
5:00 p.m., Saturdays, or Sundays would accommodate and better afford an opportunity for2
professionals and other interested persons to attend and participate in the public hearings,3
would encourage rather than discourage civic participation and promote rather than limit4
democracy, and would minimize the impact on the operation of schools and school5
instruction for students.6
THEREFORE, BE IT RESOLVED by the House of Representatives of the7
Legislature of Louisiana that the House of Representatives shall provide for additional public8
hearing and testimony, including hearings by standing committees of the House of9
Representatives, on House Bill 976 or Senate Bill 597 (school choice), House Bill 974 or10
Senate Bill 603 (teacher tenure), House Bill 933 or Senate Bill 581 (early childhood11
education), House Bill 969 (tax rebates to taxpayers who donate to certain school tuition12
organizations), and any other measure proposing such law and shall further provide that such13
hearings shall be held on Fridays after 5:00 p.m., Saturdays, or Sundays.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)]
Smith HR No. 14
Provides for additional public hearing and testimony on HB 976 or SB 597 (school choice),
HB 974 or SB 603 (teacher tenure), HB 933 or SB 581 (early childhood education), HB 969
(tax rebates to taxpayers who donate to certain school tuition organizations), or any other
measure proposing such law and provides that such hearings be held on Fridays after 5:00
p.m., Saturdays, or Sundays.