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Regular Session, 2014
SENATE RESOLUTION NO. 168
BY SENATOR AMEDEE
SENATE. Provides relative to the Rules of Order of the Senate. (08/01/14)
A RESOLUTION1
To amend and readopt the introductory paragraph of Senate Rule No. 3.7(B) and (B)(4),2
Senate Rule Nos. 3.7(C)(2), 8.1, 9.4, 9.5(B), 9.6, 10.9, 10.10, 13.4(3), (5)(i), (6)(d)3
and (i), 15(j), 13.5.1, 13.5.2, and 13.95, to adopt Senate Rule No. 10.17.1 and to4
repeal Senate Rule Nos. 3.7(D)(5) and 14.7 of the Rules of Order of the Senate; to5
delete references to the interim calendar; to provide relative to the duties of the6
Secretary relative to the interim calendar; to provide for the distribution of the daily7
journal; to provide for the order or consideration of proposed floor amendments; to8
provide that resolutions may be read by title upon introduction and printed in the9
journal by title; to provide for the consideration of certain instruments under the10
"Bagneris Rule"; to change certain terminology referring to persons with disabilities11
and other exceptionalities; to provide for the recommital of certain legislative12
instruments; to provide for the committee documents which shall be maintained; and13
to provide for an effective date.14
THEREFORE, BE IT RESOLVED by the Senate of the Legislature of Louisiana15
amends and readopts the introductory paragraph of Senate Rule No. 3.7(B) and (B)(4),16
Senate Rule Nos. 3.7 (C)(2), 8.1, 9.4, 9.5(B), 9.6, 10.9, 10.10, 13.4(3) (5)(i), (6)(d) and (i),17 SR NO. 168
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15(j), 13.5.1, 13.5.2, and 13.95, adopts 10.17.1 and repeals Senate Rule Nos. 3.7(D)(5) and1
14.7 of the Rules of Order of the Senate as follows:2
Rule 3.7. Duties of Secretary3
* * *4
B. The Secretary shall exercise the following duties while the Legislature is5
in session. :6
* * *7
(4) Maintain the calendars of bills, resolutions, and joint resolutions to be8
taken up and acted upon by the Senate, as provided in Senate Rules 14.6 and 14.7 .9
* * *10
C. The Secretary shall exercise the following additional duties while the11
Senate is convened:12
* * *13
(2) Read the Journal daily, unless the reading is dispensed with by a majority14
of the members present or the Journal is unavailable, as required by Senate Rule15
14.5. The Journal shall only be made available electronically to the members.16
No hard copies of the Journal shall be distributed to a member unless the17
member specifically requests a hard copy.18
* * *19
Rule 8.1. Amendments; how considered; order of consideration20
A. Only one set of proposed amendments to a legislative instrument shall be21
considered by the Senate at any one time.22
B. Proposed floor amendments shall be considered in the order in which23
they are received for consideration, except that amendments that have been24
received prior to the consideration of the instrument that are proposed by the25
lead author of a Senate instrument or by the Senate member handling a House26
instrument shall be considered prior to other proposed floor amendments.27
* * *28
Rule 9.4. Referral to committee29 SR NO. 168
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The President shall refer each prefiled instrument to the appropriate standing1
committee in accordance with the Rules of Order of the Senate for presession study,2
hearing, and consideration of such instrument by the committee. At the time of the3
referral, the President shall notify the author in writing of the referral of the4
instrument, naming the committee to which the instrument has been referred. The5
referral, the date thereof, and the name of the committee of reference shall be entered6
in the Interim Calendar on the Joint Legislative Website. If a senator notifies the7
President in writing within ten five days after publication of the referral in the8
Interim Calendar and distribution of the calendar on the Joint Legislative Website9
that he objects to the referral and states the reason for his objection, the President10
may reconsider the referral and may refer to another committee. If the President11
refers the instrument to another committee, he shall so notify the author and the12
chairman of both committees affected by his action in writing, and the Secretary13
shall enter the new referral in the next Interim Calendar on the Joint Legislative14
Website.15
Rule 9.5. Authority of author to withdraw16
* * *17
B. The author of a prefiled instrument may withdraw it at any time prior to18
introduction by written request to the Secretary. In such case, the Secretary shall19
reclaim the instrument from the committee and enter its withdrawal in the Interim20
Calendar on the Joint Legislative Website.21
Rule 9.6. Presession committee hearings22
Prior to the session, standing committees may hold hearings and consider23
prefiled instruments referred to them if copies of such instruments have been made24
available and distribution of the Interim Calendar indicating entry of the referral25
thereof on the Joint Legislative Website has been made at least ten days before the26
meeting. However, if objection is raised, as provided in Rule 9.4, the original27
committee of reference shall not consider the instrument. If the President refers the28
instrument to another committee, the instrument shall not be considered until at least29 SR NO. 168
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ten five days after distribution of the Interim Calendar in which the indicating the1
second referral is entered on the Joint Legislative Website and appears.2
* * *3
Rule 10.9. Resolutions; introduction and referral; suspension of laws4
A. Each resolution shall be read by title upon introduction in the Senate and5
shall be referred to an appropriate committee on the next legislative day following6
the day of introduction. The requirement of referral to committee shall not apply to7
perfunctory resolutions, such as those pertaining to adjournment or to a resolution8
introduced for the purpose of calling an election for the election of the President9
pursuant to Rule 3.2, the election of the President Pro Tempore pursuant to Rule 3.4,10
for the election of the Secretary pursuant to Rule 3.6 or for the election of the11
Sergeant at Arms pursuant to Rule 3.8. Only a resolution pertaining to notifying the12
House of Representatives or the governor that the Senate has convened or is ready13
to adjourn or the holding of a joint session of the legislature may be taken up and14
acted upon immediately upon introduction. Otherwise, no resolution may be taken15
up and acted upon until it is listed on the order of the day for that legislative day.16
* * *17
Rule 10.10. Commitment or amendment; two prior readings required18
No bill or joint resolution shall be committed or amended until it has been19
read by title in open session of the Senate on two separate days.20
* * *21
10.17.1. Returning to the calendar; "Bagneris Rule"22
A. On any legislative day in the regular order and upon third reading23
and final passage for any instrument, at the discretion of the President and24
upon the motion of any member, the Senate may return to the calendar any25
instrument that any member objects to as controversial under the provisions of26
this rule, which shall be referred to as the "Bagneris Rule".27
B. The motion to operate under the Bagneris Rule shall be a non-28
debatable motion and shall be approved by a majority of the members present29 SR NO. 168
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and voting.1
C. Any instrument so returned to the calendar under the Bagneris Rule2
shall be placed on the regular calendar in the same numerical order on the next3
calendar day.4
D. As long as the Senate operates under the Bagneris Rule, it shall be in5
order to consider any instrument after it has been voluntarily or temporarily6
returned to the calendar without regard to its numerical order.7
* * *8
Rule 13.4. Referral to standing committees; jurisdiction9
Each legislative instrument or other matter to be referred to committee shall10
be referred, on the basis of the subject matter contained therein, to the committee11
having jurisdiction thereof as provided in the following enumeration of subject12
matter jurisdiction for the committees of the Senate:13
* * *14
(3) Education Committee, all matters relating to: 15
(a) Adult education 16
(b) College or university agricultural extension service 17
(c) Colleges and universities 18
(d) Cultural affairs 19
(e) Education generally 20
(f) Educational television 21
(g) Employees of colleges and universities, including pay, except where an22
appropriation of state funds is required 23
(h) Employees of vocational-technical education schools, including pay,24
except where an appropriation of state funds is required 25
(i) Museums 26
(j) Preservation of historic landmarks and objects 27
(k) School employees, administrators, teachers, bus drivers, and others 28
(l) School employees' and teachers' pay, except where an appropriation of29 SR NO. 168
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state funds is required1
(m) School lunch program 2
(n) Schools and secondary education 3
(o) Schools for the blind4
(p) Schools for the deaf Special Schools5
(q)(p) State and public libraries 6
(r)(q) Vocational-technical education 7
* * *8
(5) Finance Committee, all matters relating to:9
* * *10
(i) Each legislative instrument with an estimated fiscal cost, as reflected in11
the fiscal note prepared in accordance with Joint Rule No. 4, of five one hundred12
thousand dollars or more annually of state general funds in any one of the three13
ensuing fiscal years or with a fiscal cost with, although unspecified in the fiscal note,14
is indicated in the fiscal note to likely exceed five one hundred thousand dollars15
annually of state general funds in any of the three ensuing fiscal years, after initial16
consideration in committee of subject matter, if different from Finance.17
* * *18
(6) Health and Welfare Committee, all matters relating to: 19
* * *20
(d) Handicapped children's facilities Facilities for children with disabilities21
* * *22
(i) Mentally retarded institutions and services Institutions and services for23
persons with intellectual disabilities24
* * *25
(15) Revenue and Fiscal Affairs Committee, all matters relating to:26
* * *27
(j) Each legislative instrument which produces a net decrease in taxes or fees28
to the state or produces an increase in taxes or fees to the state, as reflected in the29 SR NO. 168
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fiscal note prepared in accordance with Joint Rule No. 4, of five hundred thousand1
dollars or more annually in any one of the three ensuing fiscal years or produces an2
increase which, although unspecified in the fiscal note, is indicated in the fiscal note3
to likely exceed five hundred thousand dollars annually in any of the three ensuing4
fiscal years after initial consideration in the committee of subject matter, if different5
from Revenue and Fiscal Affairs.6
* * *7
Rule 13.5.1. Legislative instruments with significant fiscal cost; dual committee8
referral9
Each legislative instrument with an estimated fiscal cost, as reflected in the10
fiscal note prepared in accordance with Joint Rule No. 4, of one hundred thousand11
dollars or more annually of state general funds in any one of the three ensuing fiscal12
years or with a fiscal cost which, although unspecified in the fiscal note, is indicated13
in the fiscal note to likely exceed one hundred thousand dollars annually of state14
general funds in any of the three ensuing fiscal years shall be referred to a standing15
committee under the provisions of Rule 13.4, and, if reported, shall be reported in16
accordance with the requirements of Rule 13.9. However, after such report, any such17
Senate instrument ordered engrossed, immediately following the engrossment order,18
and any such House instrument reported favorably or with amendments, immediately19
following the reading of such report and action on any amendments reported, shall20
be recommitted by the president to the Committee on Finance.21
Rule 13.5.2. Legislative instruments which produce increases or decreases in taxes22
or fees; dual committee referral23
Each legislative instrument which produces a net decrease in taxes or fees to24
the state or produces an increase in taxes or fees to the state, as reflected in the25
fiscal note prepared in accordance with Joint Rule No. 4, of five hundred thousand26
dollars or more annually in any one of the three ensuing fiscal years or produces an27
increase which, although unspecified in the fiscal note, is indicated in the fiscal note28
to likely exceed five hundred thousand dollars annually in any of the three ensuing29 SR NO. 168
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fiscal years shall be referred to a standing committee under the provisions of Rule1
13.4, and, if reported, shall be reported in accordance with the requirements of Rule2
13.9. However, after such report, any such Senate instrument ordered engrossed,3
immediately following the engrossment order, and any such House instrument4
reported favorably or with amendments, immediately following the reading of such5
report and action on any amendments reported, shall be recommitted by the president6
to the Committee on Revenue and Fiscal Affairs.7
* * *8
Rule 13.95. Permanent committee records; disposition9
A. The permanent records of the committee shall include the audio tapes and10
minutes of each meeting and a file on each instrument received by the committee.11
The file on each instrument shall include a copy of the original instrument; a copy12
of committee amendments proposed by any member, whether or not adopted, and the13
disposition thereof; a copy of any fiscal note, actuarial note, or notice attached to an14
instrument at the time of committee consideration; all prepared statements filed with15
the committee chairman by members or interested parties; the minutes of the public16
hearing held on the instrument and of the meeting at which the committee report17
thereon was decided; and a copy of the committee report thereon.18
B. The minutes, as approved by the committee, and other permanent records19
of the committee shall be retained by the Senate staff and shall be public records;20
however the Secretary of the Senate shall be the official custodian of such21
records.22
* * *23
BE IT FURTHER RESOLVED that Senate Rule Nos. 3.7(D)(5), and 14.7 of the24
Rules of Order of the Senate are hereby repealed in their entirety.25
BE IT FURTHER RESOLVED that this Resolution shall become effective on26
August 1, 2014.27 SR NO. 168
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The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Yolanda Dixon.
DIGEST
Amedee (SR 168)
Present Senate rules provide that the Secretary of the Senate shall maintain and distribute
an Interim Calendar and requires the Secretary to read the journal daily if it is unavailable.
Proposed Senate rules delete the requirement that the Secretary maintain and distribute an
Interim Calendar and deletes references to the Interim Calendar. Provides that the Journal
shall be made only available electronically unless a hard copy is specifically requested.
Present Senate rules specify that only one set of proposed amendments to a legislative
instrument shall be considered by the Senate at one time. Proposed Senate rules add that
proposed floor amendments shall be considered in the order they are received, except that
amendments received prior to consideration of the instrument proposed by the lead author
of a Senate instrument or the member handling a House instrument shall be considered prior
to other proposed floor amendments.
Present Senate rules provide that at the time of referral to committee, the President shall
notify the author in writing of the referral and the instrument shall be placed on the Interim
Calender.
Proposed Senate rules delete the requirement that the President notify the author in writing
of the referral and specifies that the instrument referral shall be entered on the Joint
Legislative Website.
Present Senate rules require that each resolution upon introduction and each bill or joint
resolution be read on two separate days before it is committed or amended.
Proposed Senate rules specify that each resolution and each bill or joint resolution be read
by title rather than in its entirety.
Present Senate rules specify that each Senate instrument with an estimated fiscal cost of
$100,000 or more in any one of three ensuing fiscal years be recommitted to the Finance
committee after initial consideration in the committee of subject matter. Additionally
specifies that each legislative instrument which produces a net decrease or increase in taxes
or fees be recommitted to Revenue and Fiscal Affairs committee after initial consideration
in the committee of subject matter.
Proposed Senate rules retains present rules but additionally provides that the fiscal cost or
net decrease or increase in taxes or fees be a fiscal cost to the state in order to be
recommitted.
Present Senate rules provide that the permanent records of committees include the audio
tapes of each meeting.
Proposed Senate rules delete the requirement of maintaining audio tapes.
Present Senate rules provides for referral of certain legislative instruments relative to
students with special needs and "Schools for the Blind" and "Schools for the Deaf" to the
Education Committee. Proposed rules retain present rules but revises terminology and
amends Senate Rules to reflect the consolidation of those schools into the classification
"Special Schools".
Present Senate rules provide, relative to referral of certain instruments to the Health and SR NO. 168
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Welfare Committee, for those instruments relative to "Handicapped Children Institutions"
and "Mentally Retarded Institutions". Proposed rules change the terminology to "Institutions
for persons with intellectual disabilities" or "Institutions for persons with physical
disabilities".
Proposed Senate rules provides in the regular order and upon third reading and final passage,
at the discretion of the President and upon the motion of any member, the Senate may return
to the calendar any instrument that is objected to as controversial, referred to under the
customs and usage of the Senate, as the "Bagneris Rule". Specifies that the motion to
operate under the Bagneris Rule shall be nondebatable and approved upon a majority of the
members present and voting. Any instrument returned to the calender while under the
Bagneris Rule shall be placed on the regular calender in the same numerical order on the
next calendar day. Provides that while under the Bagneris Rule, it is in order to consider any
instrument after it has been voluntarily or temporarily returned to the calendar without
regard to its numerical order.
Proposed Senate rules effective August 1, 2014.
(Amends Senate Rule Nos. 3.7(B)(intro para.) and (B)(4), Senate Rule Nos. 3.7 (C)(2), 8.1,
9.4, 9.5(B), 9.6, 10.9, 10.10, 13.4(3), (5)(i), (6)(d) and (i), 15(j), 13.5.1, 13.5.2, and 13.95;
adopts 10.17.1. and repeals Senate Rule Nos. 3.7(D)(5) and 14.7)