HLS 17RS-1025 REENGROSSED
2017 Regular Session
HOUSE BILL NO. 560
BY REPRESENTATIVE HUNTER
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CIVIL/PROCEDURE: Provides with respect to legislative continuance
1 AN ACT
2To amend and reenact R.S. 13:4163(B), (E)(1)(b) and (I) and to enact R.S. 13:4163(E)(1)(c),
3 relative to legislative continuances; to provide for the filing of a motion for
4 legislative continuance by electronic means; to provide relative to the required
5 documents to be filed; to provide relative to the delays for filing the motion; and to
6 provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 13:4163(B), (E)(1)(b) and (I) are hereby amended and reenacted and
9R.S. 13:4163(E)(1)(c) is hereby enacted to read as follows:
10 ยง4163. Ex parte motion for legislative continuance or extension of time; legislators
11 or employees engaged in legislative or constitutional convention activities
12 * * *
13 B. The peremptory grounds for continuance or extension is available to and
14 for the benefit of a member or legislative employee and may only be asserted or
15 waived by a member or employee, except as provided by Subsection I of this
16 Section.
17 * * *
18 E.(1)
19 * * *
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HB NO. 560
1 (b) If the grounds for a legislative continuance or extension are founded
2 upon any provision of Subparagraph (C)(1)(c) of this Section or upon the issuance
3 of a call for an extraordinary session of the legislature, the motion for legislative
4 continuance or extension shall be timely if filed no later than five calendar days prior
5 to the hearing or proceeding to be continued or no later than two days following the
6 issuance of the notice of the meeting or of the call for the extraordinary legislative
7 session, which ever occurs last. An affidavit of the clerk of the House of
8 Representatives or the secretary of the Senate verifying the issuance and date of the
9 issuance of the notice or of the call shall be attached to the motion.
10 (c) The provisions of this Paragraph shall not be applied so as to impede the
11 peremptory nature of this Section.
12 * * *
13 I.(1) For sufficient cause shown, Notwithstanding the delays provided by
14 Subsection E of this Section, the court may consider a motion for legislative
15 continuance or extension at any time prior to the hearing or proceeding, provided
16 advance notice is given to opposing counsel and the court.
17 (2) The motion for a legislative continuance may be filed by electronic means
18 such as facsimile transmission or electronic mail, or any other means authorized by
19 law, provided that the mover shall provide all opposing counsel or parties with a
20 copy of the motion, simultaneously with the transmission of the motion to the court.
21 Section 2. This Act shall become effective upon signature by the governor or, if not
22signed by the governor, upon expiration of the time for bills to become law without signature
23by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
24vetoed by the governor and subsequently approved by the legislature, this Act shall become
25effective on the day following such approval.
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HB NO. 560
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)]
HB 560 Reengrossed 2017 Regular Session Hunter
Abstract: Authorizes the court to grant a legislative continuance or extension on its own
motion upon receiving consent from the member of the legislature.
Present law provides that a member of the legislature and a legislative employee shall have
peremptory grounds for continuance or extension of a criminal case, civil case, or
administrative proceeding.
Present law provides that the peremptory grounds for continuance are available:
(1)Any time between 30 days prior to the original call to order and 30 days following
the adjournment sine die of any legislative session.
(2)Any time between 30 days prior to convening and 30 days following adjournment
sine die of any constitutional convention.
Present law also provides that peremptory grounds are available when a legislator or
employee is engaged in activities in connection with or ordered by: (1) the legislature; (2)
any legislative committee or subcommittee appointed by the president of the Senate or the
speaker of the House of Representatives; (3) any committee or commission appointed by the
governor or other person authorized to make such appointments; or (4) any constitutional
convention or commission.
Present law requires verification of the notice of a meeting or call for legislative session.
Proposed law removes the requirement that the clerk of the House of Representatives or the
secretary of the Senate file an affidavit verifying the issuance of the notice or call for
legislative session.
Proposed law provides that present law shall not be used to impede peremptory nature of
present law and proposed law.
Present law provides that for sufficient cause shown, the court may consider a motion for
legislative continuance at any time prior to the hearing.
Proposed law provides that, notwithstanding the delays for filing a motion for continuance,
the court may consider a motion for continuance at any time provided advance notice is
given to the opposing party and to the court.
Proposed law authorizes the motion to be filed by facsimile transmission or electronic mail,
provided the mover provides all parties with a copy of the motion.
Proposed law retains present law and authorizes the court to grant a legislative continuance
or extension on its own motion upon receiving consent from the members of the legislature.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 13:4163(B), (E)(1)(b), and (I); Adds R.S. 13:4163(E)(1)(c))
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HB NO. 560
Summary of Amendments Adopted by House
The House Floor Amendments to the engrossed bill:
1. Remove the requirement to file an affidavit verifying the issuance of the notice
or call.
2. Add provision specifying that present law shall not be used to impede
peremptory nature of present law and proposed law.
3. Remove provision allowing court to raise continuance on its own motion.
4. Authorize court to consider the motion at any time provided advance notice is
given to opposing counsel and the court.
5. Authorize the filing of the motion by facsimile.
6. Add emergency effective date.
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are additions.