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Regular Session, 2012
HOUSE RESOLUTION NO. 46
BY REPRESENTATIVE ABRAMSON
LEGISLATIVE AFFAIRS: Provides procedures to discipline persons who attempt to
intimidate members of the House
A RESOLUTION1
To adopt Chapter 16 of the Rules of Order of the House of Representatives, to be comprised2
of House Rules 16.1 through 16.14 of the Rules of Order of the House of3
Representatives, to provide procedures for discipline and censure of nonmembers4
for certain behavior directed at members of the House of Representatives.5
BE IT RESOLVED by the House of Representatives of the Legislature of Louisiana6
that Chapter 16 of the Rules of Order of the House of Representatives, comprised of House7
Rules 16.1 through 16.14 of the Rules of Order of the House of Representatives, is hereby8
adopted to read as follows:9
CHAPTER 16. DISCIPLINE AND CENSURE OF NONMEMBERS10
Rule 16.1. Applicability11
This Chapter shall apply whenever a member of the House of Representatives12
files with the Clerk of the House a written complaint regarding alleged behavior by13
a nonmember which constitutes an attempt by the nonmember to compel, coerce, or14
intimidate the member with the intent to influence the member's conduct in relation15
to his position or duty.16
Rule 16.2. Initiation of action; written complaint required17
An action to discipline or censure a person by the House of Representatives18
shall be initiated only by a written complaint, which shall set forth the causes and19
grounds for which disciplinary action or censure by the House of Representatives is20 HLS 12RS-2511 ORIGINAL
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sought, shall list each member of the House of Representatives who may be called1
as a witness, and shall state the action sought to be taken by the House of2
Representatives. Only one person shall be the subject of any such written complaint.3
Rule 16.3. Referral of complaint to the Committee on House and Governmental4
Affairs5
When a written complaint seeking disciplinary action against or censure of6
a person is filed with the Clerk of the House of Representatives, the written7
complaint shall be forwarded immediately to the House Committee on House and8
Governmental Affairs for consideration.9
Rule 16.4. Notice to subject of complaint10
A. The Clerk of the House shall give notice to the subject of the complaint11
which shall include a copy of the written complaint, a copy of this Chapter and12
Chapter 14 of these Rules, and written notice of the day and hour when the13
committee will meet to commence its hearings.14
B. The notice shall also inform the person of his right to appear before the15
committee to address the allegations, to have legal counsel at all of the hearings, and16
to submit to the committee contact information of any person he believes has17
information relevant to the complaint.18
Rule 16.5. Committee on House and Governmental Affairs; procedure; oath; duties19
A. Except as otherwise provided in this Chapter, Chapter 14 shall govern the20
procedure to be used and the actions to be taken by the committee.21
B. Prior to consideration of any written complaint referred to the committee22
or undertaking any business in connection therewith, except establishing a quorum,23
the members of the committee shall subscribe to the following oath, which shall be24
administered by the Clerk or, in his absence, by a person qualified to administer25
oaths selected by the chairman:26
"I do solemnly swear (affirm) that in all things pertaining to the matters27
referred to this committee and contained in the complaint regarding __________, I28
will do impartial justice according to the constitution and laws. I do solemnly swear29 HLS 12RS-2511 ORIGINAL
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that I will support the constitution and laws of the United States and of this state, and1
that I will faithfully and impartially discharge and perform all the duties incumbent2
upon me as a member of the House and Governmental Affairs Committee in the3
aforesaid matter, according to the best of my ability and understanding, so help me4
God."5
C. For hearings held pursuant to this Chapter, the Clerk of the House shall6
serve as secretary of the committee and shall be its chief administrative officer. He7
shall be responsible for taking, preserving, and certifyi ng testimony, verbatim8
proceedings, and minutes of the meetings of the committee. He shall be the9
custodian of all its records and documents and shall perform such other duties in10
connection with its work as are directed by the committee, its chairman, or the House11
of Representatives.12
D. The committee shall provide to the subject of the written complaint under13
consideration all the rights of a person to due process of law and accordingly shall:14
(1) Conduct all hearings as public hearings, and only after the person has15
been informed in writing of the date and time of each meeting held for the purpose.16
(2) Invite the subject of the hearing to attend all meetings of the committee17
in person and to be accompanied by legal counsel or to be represented at the hearings18
by legal counsel of his choice if he is unable to be present.19
(3) Afford the person full opportunity to be heard and to present witnesses20
on his behalf and extend to him the right to confront and to cross-examine witnesses21
called by the committee.22
Rule 16.6. Meetings; notice; recusal; quorum23
A. Notice of meetings, insofar as practicable, shall be given in accordance24
with applicable rules of the House of Representatives governing notice of meetings.25
B. If the representative who filed the written complaint to be considered by26
the committee is a member of the committee or if a member of the committee is27
listed in the complaint as being a witness, such member is recused and shall not be28
a member of the committee when it considers such written complaint.29 HLS 12RS-2511 ORIGINAL
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C. A majority of the total members of the committee, excluding any recused1
members, shall constitute a quorum.2
Rule 16.7. Holding of meetings3
Notwithstanding any provision of these rules, the committee may meet and4
hold hearings on any day and at any time except when the House of Representatives5
is in session unless the House has granted leave for the committee to meet while it6
is in session.7
Rule 16.8. Witnesses; subpoena power; punishment for contempt 8
A. Only those persons called by the committee shall be permitted to testify9
as witnesses; however, the committee shall comply with Rule 16.5(D)(3). Before a10
witness is permitted to testify, he shall be sworn or affirmed to speak the truth and11
nothing but the truth.12
B. The committee is hereby specifically and expressly granted the power and13
authority, with the written approval of the chairman of the committee, to hold14
hearings, subpoena witnesses, administer oaths, require the production of books and15
records, and to do all other things necessary to accomplish the purposes of its16
hearings and deliberations.17
C. In the event a subpoena or subpoena duces tecum is not honored, the18
committee also shall have the power to punish for contempt and to provide for the19
prosecution of any individual for refusal to testify, false swearing, or perjury before20
the committee in accordance with law.21
Rule 16.9. Committee report22
When the committee has concluded taking testimony regarding the23
complaint, the committee shall make one of the following recommendations to the24
House of Representatives regarding the complaint:25
(1) That the complaint be dismissed.26
(2) That the subject of the complaint be prohibited from appearing before the27
House of Representatives or any committee thereof on any matter for a period of28
time recommended by the committee.29 HLS 12RS-2511 ORIGINAL
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(3) That the subject of the complaint be publicly censured.1
Rule 16.10. Report privileged; House action2
A. If the legislature is in session, the report of the committee shall be3
privileged and may be received and acted upon at any time. If the committee4
submits its report when the legislature is not in session, the Clerk of the House shall5
cause the report to be sent to each member of the House of Representatives along6
with a mail ballot relative to the concurrence of the member with the report of the7
committee.8
B. Concurrence with the report of the committee shall require the favorable9
vote of a majority of the elected members of the House.10
C. The Clerk of the House shall send a written notification of action of the11
House of Representatives regarding the complaint to the subject of the complaint.12
D. If the House concurs with the report of the committee and the report13
recommended prohibiting the subject of the complaint from appearing before the14
House of Representatives or any committee thereof on any matter for a period time15
recommended by the committee, the officers, members, and employees of the House16
of Representatives shall enforce such recommendations and shall report any violation17
to the Speaker, the Clerk of the House, and the Sergeant at Arms who shall take18
whatever action necessary to enforce the prohibition.19
Rule 16.11. Employees20
The chairman of the committee, subject to the approval of the Speaker, shall21
have authority to assign any employees of the House, and in necessary cases, to22
employ additional personnel, including but not limited to court reporters, to assist the23
committee in carrying out its functions and duties.24
Rule 16.12. Records25
A verbatim record shall be made of all of the proceedings of the committee26
at each meeting, including all testimony of witnesses, shall be transcribed without27
delay, and shall be a public record. Written evidence presented shall be made a part28 HLS 12RS-2511 ORIGINAL
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of the record. Copies shall be made available, as prepared, to the members of the1
committee and its staff and to the subject of the proceeding and his legal counsel.2
Rule 16.13. Referral to district attorney3
If the committee concludes that any of the alleged conduct by the subject of4
the complaint may violate any criminal law of this state, the committee shall forward5
a copy of its findings to the appropriate district attorney.6
Rule 16.14. Stay of Action7
If the person who is the subject of the complaint is charged with a crime by8
local, state, or federal authorities, the disciplinary proceedings in the House of9
Representatives will automatically be stayed until the final disposition of said10
criminal charges.11
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)]
Abramson HR No. 46
Abstract: Provides procedures for the House of Representatives to censure or discipline
nonmembers for behavior which constitutes an attempt by the nonmember to compel,
coerce, or intimidate the member with the intent to influence the member's conduct
in relation to his position or duty.
Proposed House Rules provide for procedures for the House of Representatives to censure
or discipline nonmembers for behavior which constitutes an attempt by the nonmember to
compel, coerce, or intimidate the member with the intent to influence the member's conduct
in relation to his position or duty. Requires complaints by a member to be in writing, to be
filed with the Clerk, and to be referred for consideration to the House Committee on House
and Governmental Affairs. Provides for notice to and due process for the subject of the
complaint. Provides for public hearings and for recommendations of the House and
Governmental Affairs Committee to the House of Representatives. Provides that the
recommendation may be (1) that the complaint be dismissed; (2) that the subject of the
complaint be prohibited from appearing before the House or any committee thereof on any
matter for a period of time recommended by the committee; or (3) that the subject of the
complaint be publicly censured. Requires concurrence of a majority of the elected members
of the House in the recommendation.
(Adds House Rules 16.1-16.14)