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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)(o), (p), and (q),3
(5)(i), (6)(d) and (i), (8), (9) and (10)(p), (15)(j), (17)(i), (j), (k), (l) and (m), 13.5.1,4
13.5.2, 13.95 and 14.3, to adopt Senate Rule Nos. 10.17.1, 13.4(16)(t) and (17)(n)5
and to repeal Senate Rule Nos. 3.7(D)(5), 13.4(3)(r) and 14.7 of the Rules of Order6
of the Senate; to delete references to the interim calendar; to provide relative to the7
duties of the Secretary relative to the interim calendar; to provide for the distribution8
of the daily journal; to provide for the order or consideration of proposed floor9
amendments; to provide that resolutions may be read by title upon introduction and10
printed in the journal by title; to provide for the consideration of certain instruments11
under the "Bagneris Rule"; to change certain terminology referring to persons with12
disabilities and other exceptionalities; to provide for the referral and recommital of13
certain legislative instruments; to provide for the committee documents which shall14
be maintained; and to provide for an effective date.15
THEREFORE, BE IT RESOLVED that the Senate of the Legislature of Louisiana16
amends and readopts the introductory paragraph of Senate Rule No. 3.7(B) and (B)(4),17 SR NO. 168
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Senate Rule Nos. 3.7 (C)(2), 8.1, 9.4, 9.5(B), 9.6, 10.9, 10.10, 13.4(3)(o), (p) and (q), (5)(i),1
(6)(d) and (i), (8), (9) and (10)(p), (15)(j), (17)(i), (j), (k), (l) and (m), 13.5.1, 13.5.2, 13.952
and 14.3, adopts Senate Rule Nos. 10.17.1, 13.4(16)(t) and (17)(n) and repeals Senate Rule3
Nos. 3.7(D)(5), 13.4(3)(r) and 14.7 of the Rules of Order of the Senate as follows:4
Rule 3.7. Duties of Secretary5
* * *6
B. The Secretary shall exercise the following duties while the Legislature is7
in session.:8
* * *9
(4) Maintain the calendars of bills, resolutions, and joint resolutions to be10
taken up and acted upon by the Senate, as provided in Senate Rules 14.6 and 14.7 .11
* * *12
C. The Secretary shall exercise the following additional duties while the13
Senate is convened:14
* * *15
(2) Read the Journal daily, unless the reading is dispensed with by a majority16
of the members present or the Journal is unavailable, as required by Senate Rule17
14.5. The Journal shall be made available only electronically to the members.18
No hard copies of the Journal shall be distributed to a member unless the19
member specifically requests a hard copy.20
* * *21
Rule 8.1. Amendments; how considered; order of consideration22
A. Only one set of proposed amendments to a legislative instrument shall be23
considered by the Senate at any one time.24
B. Proposed floor amendments shall be considered in the order in which25
they are received for consideration, except that amendments that have been26
received prior to the consideration of the instrument that are proposed by the27
lead author of a Senate instrument or by the Senate member handling a House28
instrument shall be considered prior to other proposed floor amendments.29 SR NO. 168
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* * *1
Rule 9.4. Referral to committee2
The President shall refer each prefiled instrument to the appropriate standing3
committee in accordance with the Rules of Order of the Senate for presession study,4
hearing, and consideration of such instrument by the committee. At the time of the5
referral, the President shall notify the author in writing of the referral of the6
instrument, naming the committee to which the instrument has been referred. The7
referral, the date thereof, and the name of the committee of reference shall be entered8
in the Interim Calendar on the Joint Legislative Website. If a senator notifies the9
President in writing within ten five days after publication of the referral in the10
Interim Calendar and distribution of the calendar on the Joint Legislative Website11
that he objects to the referral and states the reason for his objection, the President12
may reconsider the referral and may refer to another committee. If the President13
refers the instrument to another committee, he shall so notify the author and the14
chairman of both committees affected by his action in writing, and the Secretary15
shall enter the new referral in the next Interim Calendar on the Joint Legislative16
Website.17
Rule 9.5. Authority of author to withdraw18
* * *19
B. The author of a prefiled instrument may withdraw it at any time prior to20
introduction by written request to the Secretary. In such case, the Secretary shall21
reclaim the instrument from the committee and enter its withdrawal in the Interim22
Calendar on the Joint Legislative Website.23
Rule 9.6. Presession committee hearings24
Prior to the session, standing committees may hold hearings and consider25
prefiled instruments referred to them if copies of such instruments have been made26
available and distribution of the Interim Calendar indicating entry of the referral27
thereof on the Joint Legislative Website has been made at least ten days before the28
meeting. However, if objection is raised, as provided in Rule 9.4, the original29 SR NO. 168
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committee of reference shall not consider the instrument. If the President refers the1
instrument to another committee, the instrument shall not be considered until at least2
ten five days after distribution of the Interim Calendar in which the indicating the3
second referral is entered on the Joint Legislative Website and appears.4
* * *5
Rule 10.9. Resolutions; introduction and referral; suspension of laws6
A. Each resolution shall be read by title upon introduction in the Senate and7
shall be referred to an appropriate committee on the next legislative day following8
the day of introduction. The requirement of referral to committee shall not apply to9
perfunctory resolutions, such as those pertaining to adjournment or to a resolution10
introduced for the purpose of calling an election for the election of the President11
pursuant to Rule 3.2, the election of the President Pro Tempore pursuant to Rule 3.4,12
for the election of the Secretary pursuant to Rule 3.6 or for the election of the13
Sergeant at Arms pursuant to Rule 3.8. Only a resolution pertaining to notifying the14
House of Representatives or the governor that the Senate has convened or is ready15
to adjourn or the holding of a joint session of the legislature may be taken up and16
acted upon immediately upon introduction. Otherwise, no resolution may be taken17
up and acted upon until it is listed on the order of the day for that legislative day.18
* * *19
Rule 10.10. Commitment or amendment; two prior readings required20
No bill or joint resolution shall be committed or amended until it has been21
read by title in open session of the Senate on two separate days.22
* * *23
10.17.1. Returning to the calendar; "Bagneris Rule"24
A. On any legislative day in the regular order and upon third reading25
and final passage for any instrument, at the discretion of the President and26
upon the motion of any member, the Senate may pass over any instrument that27
any member objects to as controversial under the provisions of this rule, which28
shall be referred to as the "Bagneris Rule".29 SR NO. 168
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B. The motion to operate under the Bagneris Rule shall be a1
nondebatable motion and shall be approved by a majority of the members2
present and voting.3
C. Any instrument so passed over under the Bagneris Rule shall remain4
on the regular calendar in the same numerical order on the next calendar day.5
* * *6
Rule 13.4. Referral to standing committees; jurisdiction7
Each legislative instrument or other matter to be referred to committee shall8
be referred, on the basis of the subject matter contained therein, to the committee9
having jurisdiction thereof as provided in the following enumeration of subject10
matter jurisdiction for the committees of the Senate:11
* * *12
(3) Education Committee, all matters relating to:13
* * *14
(o) Schools for the blind15
(p) Schools for the deaf Special Schools16
(q)(p) State and public libraries17
(r)(q) Vocational-technical education18
* * *19
(5) Finance Committee, all matters relating to:20
* * *21
(i) Each legislative instrument with an estimated fiscal cost, as reflected in22
the fiscal note prepared in accordance with Joint Rule No. 4, of five one hundred23
thousand dollars or more annually of state or federal funds in any one of the three24
ensuing fiscal years or with a fiscal cost with, although unspecified in the fiscal note,25
is indicated in the fiscal note to likely exceed five one hundred thousand dollars26
annually of state or federal funds in any of the three ensuing fiscal years, after27
initial consideration in committee of subject matter, if different from Finance.28
* * *29 SR NO. 168
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(6) Health and Welfare Committee, all matters relating to:1
* * *2
(d) Handicapped children's facilities Facilities for children with physical3
disabilities4
* * *5
(i) Mentally retarded institutions and services Institutions and services for6
persons with intellectual disabilities7
* * *8
(8) Judiciary A Committee, or9
(9) Judiciary B Committee, or10
(10) Judiciary C Committee, all matters relating to:11
* * *12
(p) National Guard, Military affairs generally, Code of Military Justice, and13
the Adjutant General 14
* * *15
(15) Revenue and Fiscal Affairs Committee, all matters relating to:16
* * *17
(j) Each legislative instrument which produces a net decrease in taxes or fees18
of the state or any political subdivision whose boundaries are coterminous with19
those of the state or produces an increase in taxes or fees to the state or to any20
political subdivision whose boundaries are coterminous with those of the state,21
as reflected in the fiscal note prepared in accordance with Joint Rule No. 4, of five22
hundred thousand dollars or more annually in any one of the three ensuing fiscal23
years or produces an increase which, although unspecified in the fiscal note, is24
indicated in the fiscal note to likely exceed five hundred thousand dollars annually25
in any of the three ensuing fiscal years after initial consideration in the committee26
of subject matter, if different from Revenue and Fiscal Affairs.27
* * *28
(16) Senate and Governmental Affairs Committee, all matters relating to:29 SR NO. 168
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* * *1
(t) State buildings generally, including naming of state buildings2
(17) Transportation, Highways and Public Works Committee, all matters3
relating to:4
* * *5
(i) Public works Ports6
(j) Railroads Public works7
(k) Rules and regulations for highway, railroad, and air use Railroads8
(l) Transportation, highways, and public works in general Rules and9
Regulations for highway, railroad, and air use10
(m) Water conservation districts Transportation, highways, and public11
works in general12
(n) Water conservation districts13
* * *14
Rule 13.5.1. Legislative instruments with significant fiscal cost; dual committee15
referral16
Each legislative instrument with an estimated fiscal cost, as reflected in the17
fiscal note prepared in accordance with Joint Rule No. 4, of one hundred thousand18
dollars or more annually of state or federal funds in any one of the three ensuing19
fiscal years or with a fiscal cost which, although unspecified in the fiscal note, is20
indicated in the fiscal note to likely exceed one hundred thousand dollars annually21
of state or federal funds in any of the three ensuing fiscal years shall be referred to22
a standing committee under the provisions of Rule 13.4, and, if reported, shall be23
reported in accordance with the requirements of Rule 13.9. However, after such24
report, any such Senate instrument ordered engrossed, immediately following the25
engrossment order, and any such House instrument reported favorably or with26
amendments, immediately following the reading of such report and action on any27
amendments reported, shall be recommitted by the president to the Committee on28
Finance.29 SR NO. 168
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Rule 13.5.2. Legislative instruments which produce increases or decreases in taxes1
or fees; dual committee referral2
Each legislative instrument which produces a net decrease in taxes or fees of3
the state or any political subdivision whose boundaries are coterminous with4
those of the state or produces an increase in taxes or fees to the state or to any5
political subdivision whose boundaries are coterminous with those of the state,6
as reflected in the fiscal note prepared in accordance with Joint Rule No. 4, of five7
hundred thousand dollars or more annually in any one of the three ensuing fiscal8
years or produces an increase which, although unspecified in the fiscal note, is9
indicated in the fiscal note to likely exceed five hundred thousand dollars annually10
in any of the three ensuing fiscal years shall be referred to a standing committee11
under the provisions of Rule 13.4, and, if reported, shall be reported in accordance12
with the requirements of Rule 13.9. However, after such report, any such Senate13
instrument ordered engrossed, immediately following the engrossment order, and14
any such House instrument reported favorably or with amendments, immediately15
following the reading of such report and action on any amendments reported, shall16
be recommitted by the president to the Committee on Revenue and Fiscal Affairs.17
* * *18
Rule 13.95. Permanent committee records; disposition19
A. The permanent records of the committee shall include the audio tapes and20
minutes of each meeting and a file on each instrument received by the committee.21
The file on each instrument shall include a copy of the original instrument; a copy22
of committee amendments proposed by any member, whether or not adopted, and the23
disposition thereof; a copy of any fiscal note, actuarial note, or notice attached to an24
instrument at the time of committee consideration; all prepared statements filed with25
the committee chairman by members or interested parties; the minutes of the public26
hearing held on the instrument and of the meeting at which the committee report27
thereon was decided; and a copy of the committee report thereon.28
B. The minutes, as approved by the committee, and other permanent records29 SR NO. 168
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of the committee shall be retained by the Senate staff and shall be public records ;1
however the Secretary of the Senate shall be the official custodian of such2
records.3
* * *4
Rule 14.3. Journal; legislative instruments to be entered, form 5
The author(s) and the title of each bill or, joint resolution and the full text of6
each, resolution or concurrent resolution introduced in the Senate shall be printed in7
the Journal for the day on which the instrument was introduced. The title of the8
instrument shall accompany each Journal entry of subsequent action taken upon the9
instrument. Each The title of each resolution, concurrent resolution, and joint10
resolution which originates in the Senate and which is ordered enrolled shall be11
printed in full in the Journal, as enrolled, as part of the report on enrollments of the12
Senate and Governmental Affairs Committee.13
BE IT FURTHER RESOLVED that Senate Rule Nos. 3.7(D)(5), 13.4(3)(r), and 14.714
of the Rules of Order of the Senate are hereby repealed in their entirety.15
BE IT FURTHER RESOLVED that this Resolution shall become effective on16
August 1, 2014.17
The original instrument was prepared by Yolanda Dixon. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Ashley Menou.
DIGEST
Amedee SR No. 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 SR NO. 168
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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
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 provide that Judiciary C Committee will be referred all matters
relating to military affairs.
Proposed Senate rules provide that Revenue and Fiscal Affairs Committee will be referred,
among other items, each instrument that produces a net decrease in taxes or fees of the state
or any political subdivision whose boundaries are coterminous with those of the state or
produces an increase in taxes or fees to the state or to any political subdivision whose
boundaries are coterminous with those of the state, as reflected in the fiscal note of $500,000
or more annually in any one of the three ensuing fiscal years or produces an increase which,
although unspecified in the fiscal note, is indicated in the fiscal note to likely exceed
$500,000 annually in any one of the three ensuing fiscal years after initial consideration if
in a different committee than Revenue and Fiscal Affairs.
Proposed Senate rules provide that Senate and Governmental Affairs Committee will be
referred all matters relating to state buildings, including the naming of state buildings.
Proposed Senate rules provide that Transportation and Public Works Committees will be
referred all matters relating to ports, public works, railroads, rules and regulations for SR NO. 168
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highway, railroad, and air use, transportation, highways, and public works in general, and
water conservation districts.
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 pass
over 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 passed over 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 provide that only the title of each resolution, concurrent resolution,
and joint resolution originating in the Senate will be printed in the journal.
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)(o), (p) and (q), (5)(i), (6)(d) and (i), 17(i), (j), (k), (l)
and (m), 15(j), 13.5.1, 13.5.2, 13.95 and 14.3; adopts 10.17.1, 13.4(16)(t) and (17)(n);
repeals Senate Rule Nos. 3.7(D)(5),(13.4(3)(r) and 14.7)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Senate and
Governmental Affairs to the original bill
1. Changes the procedure under Bagneris Rule to pass over rather than
returning instruments to the calendar that a member objects to as
controversial.
2. Deletes provision that under Bagneris Rule it will be in order to consider any
instrument without regard to its numerical order.
3. Adds federal funds to the types of funds in the fiscal cost of a bill used to
determine if the bill will be sent to the Finance Committee.
4. Provides that Judiciary C Committee will be referred all matters relating to
military affairs.
5. Provides that Revenue and Fiscal Affairs Committee will be referred, among
other items, each instrument that produces a net decrease in taxes or fees of
the state or any political subdivision whose boundaries are coterminous with
those of the state or produces an increase in taxes or fees to the state or to any
political subdivision whose boundaries are coterminous with those of the
state, as reflected in the fiscal note if the increase is of a certain amount.
6. Provides that Senate and Governmental Affairs Committee will be referred
all matters relating to state buildings, including the naming of state buildings.
7. Provides that Transportation, Highways, and Public Works Committee will
be referred all matters relating to ports, public works; railroads, rules and
regulations for highway, railroad, and air use, transportation, highways and
public works in general; and water conservation districts. SR NO. 168
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8. Provides that only the title of each resolution, concurrent resolution, and joint
resolution originating in the Senate will be printed in the journal.
9. Deletes Senate Rule 13.4(3)(r).