Louisiana 2022 2022 Regular Session

Louisiana House Bill HB969 Comm Sub / Analysis

                    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 969 Original	2022 Regular Session	Seabaugh
Abstract:  Provides procedures for vetoed bills and line items and veto sessions including, if a veto
session is necessary and occurs when the legislature is otherwise in session, allowing
reconsideration of vetoed legislation during that session without the necessity of convening
a separate veto session.
Present constitution (Const. III, §18)  provides that if governor does not approve a bill, he may veto
it.  Provides that a bill shall become law if the governor signs it or if he fails to sign or veto it within
10 days after delivery to him if the legislature is in session on the 10th day after such delivery, or
within 20 days after delivery if the 10th day after delivery occurs after the legislature is adjourned. 
Provides that if the governor vetoes a bill, he shall return it to the legislature, with his veto message
within 12 days after delivery to him if the legislature is in session and if the governor returns a
vetoed bill after the legislature adjourns, he shall return it, with his veto message, as provided by law. 
Provides that a vetoed bill subsequently approved by two-thirds of the elected members of each
house shall become law.  Further provides that unless a majority of the elected members of either
house has declared in writing that a veto session is unnecessary, the legislature shall meet in veto
session in the state capital at noon on the 40th day following final adjournment of the most recent
session to consider all bills vetoed by the governor.  Further provides that no veto session shall
exceed five calendar days, and any veto session may be finally adjourned prior to the end of the fifth
day upon the vote of two-thirds of the elected members of each house.  Present constitution (Const.
IV, §5(G)) further provides that a line item in an appropriation bill that is vetoed by the governor
shall be void unless the veto is overridden as prescribed for the passage of a bill over a veto.
Present law (R.S. 24:10) provides that no later than midnight of the 23rd calendar day after sine die
adjournment, the governor shall transmit to the chief clerical officers of the legislature a statement
containing the bill number, title, and veto message for all vetoed bills not previously returned to the
legislature in session.  Requires the clerical officers to transmit to each member of their respective
houses a copy of the statement and a form for declaration by the member that a veto session is not
necessary.  Requires each member who finds a veto session unnecessary to immediately return the
signed declaration to the presiding officer of his house.  Provides that any declaration received after
midnight of the 35th calendar day after sine die is null and void.  Requires each presiding officer to
new the date and hours of receipt of each declaration he receives and to tabulate the number of
members who have declared a veto session unnecessary.  Requires the presiding officers to jointly
transmit to each member the results of the tabulation.  Provides that unless a majority of either house
declare a veto session unnecessary, the legislature shall meet in veto session to consider all bills
vetoed by the governor. Proposed law removes from present law language unnecessarily duplicative of the present
constitution and makes other technical changes.  Proposed law further specifically includes line item
vetoes within the provisions and requires the clerical officers to compile a list of all vetoed bills and
line items that have not previously been reconsidered during the session in which they passed and
requires the clerical officers to send that information to members with the governor's statement and
the declaration form.  Proposed law changes the deadline to return the form from midnight to noon
of the 35th calendar day after sine die adjournment
Present constitution (Art. III, §19) specifies that all laws enacted during a regular session of the
legislature shall take effect on Aug. first of the calendar year in which the regular session is held and
all laws enacted during an extraordinary session of the legislature shall take effect on the 60th day
after final adjournment of the extraordinary session in which they were enacted.  Further provides
that any bill may specify an earlier or later effective date.
Present law (R.S. 24:10) provides that law enacted with the approval of a vetoed bill during a veto
session shall take effect on the 60th day after final adjournment of the session in which it was
originally finally passed by both houses, unless such Act contains a different effective date.  If the
Act contains a different effective date, it shall become effective on said date, unless the date is prior
to the time of approval by both houses during a veto session by the required vote, in which case it
shall become effective upon such approval.
Proposed law provides instead that the vetoed bill or item shall become effective as provided in the
present constitution and if the Act contains a specific effective date, it shall become effective on said
date, unless the date is prior to the veto session approval, in which case it shall become effective
upon such approval.
Effective Aug. 1, 2022.
Proposed law further provides that if a veto session is to be held and the time period for the conduct
of the veto session occurs during a regular or extraordinary session, the legislature may reconsider
all vetoed bills and items not previously reconsidered by the legislature during the session in which
they passed as business of that regular or extraordinary session during the time period for veto
sessions set forth the present constitution without the necessity of convening a separate veto session.
Provides that this provision is effective if and when the proposed amendment of Article III, Section
18(C) of the Constitution of La. contained in the Act which originated as House Bill No. 166 of this
2022 R.S. of the Legislature is adopted at a statewide election and becomes effective.
(Amends R.S. 24:10)