CHAPTER 3. OFFICERS
Rule 3.1. Officers
The officers of the Senate shall be a President, President Pro Tempore, Secretary and Sergeant at Arms.
Rule 3.2. President; election; removal; vacancy
A. Immediately after the members take the oath of office on the second Monday in January after their election every four years, the President shall be elected by the affirmative vote of at least twenty members. The vote shall be viva voce.
B. The President may be removed from that office during any session of the Legislature by the affirmative vote of at least twenty members. Removal of a President shall be accomplished by Senate Resolution introduced for the purpose of calling an election to elect a new President. The resolution shall state the day and time at which the election shall be held.
C. (1) The death, resignation, or removal from office of the President creates a vacancy in the office of President. A vacancy shall be filled for the remainder of the unexpired term in the same manner as the original election. A vacancy which occurs while the Legislature is in session shall be filled immediately; otherwise, the vacancy shall be filled at the next regular or extraordinary session.
(2) In case of the disability or temporary absence of the President which prevents him from carrying out the powers, duties, and responsibilities of his office, he shall certify the facts thereof to the President Pro Tempore. If he is unable or fails to so certify, the Senate may do so by roll call vote or mail ballot. The President, in like manner, shall certify to the termination of the disability or temporary absence. If a majority of the members elected to the Senate disagree with a certification of termination of disability or absence made by the President, the findings of the Senate, evidenced by roll call vote or mail ballot, shall prevail.
Rule 3.3. Duties of President
The President shall:
(1) Convene the Senate at the time fixed by Senate Rule 10.1 and shall open each session by taking the chair and calling the members to order.
(2) Preside at all sessions of the Senate, but he may designate any member to serve as presiding officer for a limited time, which shall not extend beyond adjournment each day.
(3) Cause the Senate to proceed with its business in the order established by the rules, if a quorum is present, and announce or direct the Secretary to announce the business before the Senate as the Senate proceeds upon each order of business.
(4) Preserve order and decorum, particularly as provided in these rules.
(5) Confine members to the question under consideration.
(6) Speak on points of order, and he shall have preference over other members in doing so.
(7) Decide all points of order, subject to appeal to the Senate as provided in Senate Rule 6.3.
(8) Explain or clarify any rule of procedure upon request.
(9) State, or direct the Secretary to state, each motion as it is made, as provided in Senate Rule 11.1.
(10) Recognize members who seek the floor for the purpose of speaking in debate or otherwise, but such recognition shall be in accordance with Senate Rules 6.5 and 6.6.
(11) State and put to a vote all questions requiring a vote or upon which a vote is ordered and announce the vote as provided in Senate Rules 12.5 and 12.8.
(12) Cast his vote when the Senate is equally divided; otherwise, he may but shall not be required to vote.
(13) Have general charge and supervision of the Senate Chamber and all physical facilities, particularly as provided in Chapter 1.
(14) Assemble the members in meetings during the interim between sessions or at any other time for any purpose he deems necessary or desirable and expend funds of the Senate to pay the expenses thereof, including per diem and travel expenses.
(15) Appoint or remove the members of each Senate and conference committee, except as otherwise provided by law, rule, or resolution, and appoint or remove the chairman and vice chairman of each committee, as provided by Senate Rule 13.2.
(16) Create select committees and appoint or remove the members thereof.
(17) Provide for a schedule of committee meetings, as provided by Senate Rules 13.69 and 13.70.
(18) Refer to standing committees all prefiled instruments or other matters to be referred to committee, as provided in Senate Rules 13.4 and 13.5.
(19) Sign all documents which require his signature, particularly as provided in Senate Rule 7.11.
(20) At his discretion, examine and correct the Journal.
(21) Have general charge and supervision over the Secretary and his assistants, the Sergeant at Arms and his assistants, and all employees of the Senate.
(22) Employ, fix the compensation, and have authority to discharge all Senate employees.
(23) Approve all expenditures of the Senate and its members and enter into contracts for the Senate and its members.
(24) Preside over joint sessions of the Legislature, as provided in Joint Rule No. 1.
(25) Do and perform such other duties as are required by the constitution and laws, the Legislature, or the Senate, and such other duties as may properly appertain to the office of the President.
(26) At his discretion, name any senator to perform any duties of the chair for a time he shall specify.
(27) Delegate any of his duties or functions to the President Pro Tempore.
(28) Appoint a parliamentarian.
(29) Have control and custody of all vehicles owned by or assigned to the Senate.
(30) Be responsible for the assignment and use of vehicles owned by or assigned to the Senate and may assign such vehicles for use by the staff for Senate business.
(31) Submit receipts or documentation supported by other evidence for all expenses for which reimbursement is sought pursuant to R.S. 24:503.
(32) Cause to be distributed reports covering interim activity from standing, joint, or special legislative or Senate committees or subcommittees to all members of the Senate, particularly Senators representing geographic areas included in the study.
(33) Suspend any or all of the duties of the secretary of the Senate prescribed in Senate Rule 3.7 when the secretary has been censured and placed on probation by the Senate by adoption of a resolution. The length of time of any probation shall be specified in a resolution in which the secretary is censured and placed on probation. Upon the conclusion of such a period of probation, the authority of the president under this Paragraph shall cease. In addition to the suspension of duties, the president may reduce the compensation of the secretary commensurate with the suspension of the secretary's duties and may designate an acting secretary of the Senate to perform such duties during the time of the secretary's suspension.
SR 3 of 1996 1st ES; SR 14 of 1996 1st ES; SR 8 of 2004 1st EX.
Rule 3.4. President Pro Tempore; election; removal; vacancy
A. The President Pro Tempore shall be elected by the members of the Senate from among the members thereof in the same manner as the President. He shall be elected every four years, and his election shall be the next order of business following election of the President.
B. He may be removed from office in the same manner as the President.
C. A vacancy in the office of President Pro Tempore shall be filled in the same manner as the original election.
Rule 3.5. President Pro Tempore; duties
The President Pro Tempore shall:
(1) In the absence of the President, preside or call a member to preside over the Senate.
(2) Upon the death or resignation of the President, assume the powers, duties, and emoluments of the President until a president is elected as provided in Senate Rule 3.2.
(3) In case of the disability or temporary absence of the President, assume the powers, duties, and responsibilities of the President until the termination of the disability or absence. The Senate shall make appropriate financial recompense to the President Pro Tempore for his service during such time.
(4) Determine the meeting time of the Senate, with concurrence of the Senate.
(5) Perform such other duties as are assigned to him by the President, the Senate, the state constitution or laws, the Joint Rules of the Senate and House, the Senate rules, or otherwise by the Legislature.
Rule 3.6. Secretary; election; removal; vacancy
A. The Secretary shall be elected by the members of the Senate in the same manner as the President. He shall be elected every four years following election of the President Pro Tempore.
B. He may be removed from office in the same manner as the President.
C. (1) The death, resignation, or removal from office of the Secretary creates a vacancy in the office. A vacancy shall be filled for the remainder of the unexpired term in the same manner as the original election. A vacancy which occurs while the legislature is in session shall be filled immediately. If the vacancy occurs when the Legislature is not in session, it shall be filled at the next regular or extraordinary session, and the President may appoint an Acing Secretary to serve until that time.
(2) In case of disability or temporary absence of the Secretary which prevents him from carrying out the duties of his office, the President may designate a person to serve as Acting Secretary during the period of the disability or absence.
Rule 3.7. Duties of Secretary
A. The Secretary shall exercise the following general duties:
(1) Advise the officers and members of the Senate on parliamentary procedure and the Senate rules when called upon to do so.
(2) Be responsible for the keeping of all bills, resolutions, joint resolutions, papers, and records of the Senate and records of the proceedings and actions of the Senate.
(3) Insure compliance with Chapter 1, relative to use of Senate facilities.
(4) Arrange, number, and correct cross references in the Rules of Order of the Senate following any amendment thereto; effect a consistent and orderly arrangement of the rules; index the rules; exercise the same authorities, concurrently with the Clerk of the House, with respect to the Joint Rules.
(5) Supervise and direct all Senate employees and report to the President the failure of any employee or the Sergeant at Arms to perform his duties.
(6) Authenticate the Journal or any part thereof.
(7) Attest to the signature of the President on legislative instruments, writs, warrants, and subpoenas, as provided in Senate Rule 7.11.
(8) Perform all other duties prescribed by law, by these rules, or by the Senate.
(9) Faithfully and promptly execute all orders of the Senate, the President, and the Legislature.
(10) In the engrossment or reengrossment of Senate legislative instruments:
(a) To renumber or redesignate numerical or alphabetical listings to create a numerical or alphabetical sequence.
(b) To change reference numbers to agree with numbered chapters and sections.
(c) To substitute the proper chapter, section or other subdivision term for the terms "this act", "the preceding section", and the like.
(d) To delete figures where they are merely a repetition of written words and vice-versa.
(e) To change capitalization for the purposes of uniformity.
(f) To correct manifest punctuation and other typographical errors.
B. The Secretary shall exercise the following duties while the Legislature is in session.
(1) Maintain a Journal of the proceedings of the Senate and be responsible for its accuracy and, for this purpose, he may make necessary corrections in the Journal.
(2) Record in the Journal daily the members present and those absent.
(3) Be responsible for all legislative instruments and documents in the custody of the Senate, in passage from the Senate to the House, and in passage from the Senate to the governor, and keep them in proper order.
(4) Maintain the calendars of bills, resolutions, and joint resolutions to be taken up and acted upon by the Senate.
(5) Cause legislative instruments to be printed and distributed, as required in Senate Rule 7.6.
(6) Have enrolled all bills, joint resolutions, and concurrent resolutions originating in the Senate which have passed both houses, the enrollment to incorporate into the instrument all changes agreed upon by both houses, and he may have enrolled all Senate Resolutions adopted by the Senate, including all amendments adopted thereto.
(7) Endorse all legislative instruments which are enrolled, attesting to the accuracy of the enrollment thereof and to the signature of the President.
(8) Present legislative instruments of the Senate which have been signed by the President, except Senate Resolutions, to the Speaker of the House for signature.
(9) Present legislative instruments of the Senate, signed by the President and the Speaker of the House, to the governor.
(10) Keep a record, in the form of a receipt book, of all legislative instruments presented to the governor and the time of delivery.
(11) Publish legislative or Senate calendars, as required by Senate Rule 14.6.
(12) Place on the desk of each member, prior to convening each day, an order of the day for the Senate, consisting of a listing of the regular and special orders of business for that day and an enumeration of each legislative instrument to be acted upon that day within each order of business, including an enumeration of all legislative instruments which are subject to call.
(13) Receive all reports of standing committees, as provided in Senate Rule 13.9, including those to be recommitted as provided in Senate Rule 10.14.
(14) Place in the chamber, for the use of the membership, two copies of each bill as introduced.
(15) Cause all legislative instruments which the Senate orders to be engrossed or reengrossed to be typed so as to include all amendments which have been adopted at the time of such order, as provided in Senate Rules 7.8 and 7.9 and technical corrections authorized by Senate Rule 3.7(A)(10).
(16) Provide for the preparation and issuance of commendatory and congratulatory instruments, as provided in Joint Rule 9.
C. The Secretary shall exercise the following additional duties while the Senate is convened:
(1) State motions offered in the Senate, at the direction of the President, and read motions presented in writing.
(2) Read the Journal daily, unless the reading is dispensed with by a majority of the members present or the Journal is unavailable, as required by Senate Rule 14.5.
(3) Inform the Senate, whenever the motion for the previous question or the motion for the previous question on the entire subject matter is offered, whether he has on his desk amendments which members have handed him for the purpose of proposing amendments to the instrument under debate, and name the authors of any such amendments.
(4) Read petitions, memorials, communications, and other papers addressed to the Senate during the appropriate order of business of the Morning Hour, as required in Senate Rule 10.1.
(5) Number every legislative instrument in its regular order upon first reading, as provided by Senate Rule 7.2.
(6) Endorse each legislative instrument with the action taken thereon, as required by Senate Rule 7.7.
(7) Refer to the Legislative Bureau all legislative matter intended to have the effect of law, originating in the House, prior to third reading in the Senate, as provided in Senate Rule 10.15 and Joint Rule No. 3.
(8) Announce the receipt of each veto message, as received from the governor, as provided in Senate Rule 10.18.
(9) Call a member to preside in the absence of the President and President Pro Tempore.
D. The Secretary shall exercise the following additional duties during the interim between legislative sessions:
(1) Make available to the news media, to the public, and to registered lobbyists notices of interim meetings of committees, as provided in Senate Rule 13.74.
(2) Prefile legislative instruments, and distribute copies thereof as provided in Senate Rule 9.3.
(3) Upon petition of ten members of the Senate, transmit to each member a mail ballot relative to the certification of disability or absence of the President, as provided in Senate Rule 3.2.
(4) Retain the original and introduction copies of prefiled instruments, transmit copies to the committee of reference, and reclaim copies therefrom, as provided in Senate Rule 9.5.
(5) Maintain and distribute an Interim Calendar, as provided in Senate Rule 14.7.
E. The Secretary shall only serve, whether in an official or unofficial capacity, on the staff of any Senate standing committee when requested to do so by the president of the Senate, the chairman, or a majority of the members of the committee. He shall assist any senator individually requesting such assistance, whether on the floor or in committee and shall carry out all of his duties required of him by the Rules of Order.
F. Any duty and any authority inherent in any such duty as provided in this Rule may be suspended by the president of the Senate as provided in Senate Rule 3.3(33) and the secretary may be suspended from his duties, with or without pay, for a specified period by the Senate by adoption of a resolution.
SR 18 of 1988 RS; SR 8 of 2004 1st EX.
Rule 3.8. Sergeant at Arms; election; removal; vacancy
A. The Sergeant at Arms shall be elected every four years at the time the President is elected and immediately after election of the Secretary. He shall be elected in the same manner as the President.
B. He may be removed from office in the manner provided for removal of the President.
C. (1) The death, resignation, or removal from office of the Sergeant at Arms creates a vacancy in the office. A vacancy shall be filled for the remainder of the unexpired term in the same manner as the original election. A vacancy which occurs while the Legislature is in session shall be filled immediately. If the vacancy occurs when the Legislature is not in session, it shall be filled at the next regular or extraordinary session, and the President may appoint an Acting Sergeant at Arms to serve until that time.
(2) In case of the disability or temporary absence of the Sergeant at Arms which prevents him from carrying out the duties of his office, the President may designate a person to serve as Acting Sergeant at Arms during the period of the disability or absence.
Rule 3.9. Duties of Sergeant at Arms
The Sergeant at Arms shall exercise the following duties:
A. Be in attendance in the Senate Chamber while the Senate is in session.
B. Maintain order in the Senate Chamber and in the committee rooms and offices of the Senate and of its officers and employees.
C. During any session of the Senate, prohibit any lounging or loafing in the Senate Chamber and keep the railing clear of all persons. Persistent failure by any Assistant Sergeant at Arms to perform this duty shall be cause for dismissal by the President.
D. Remain on duty, or assign one or more assistants to remain on duty, in the Senate Chamber during recess of the Senate and keep unauthorized persons from the desks of the members.
E. Sign for messages and telegrams of absent members and be responsible for their prompt delivery.
F. Attend, or cause an Assistant Sergeant at Arms to attend, each committee meeting during sessions of the Legislature, and such meetings between sessions as directed by the President, for the purpose of assisting the chairman in any manner that will aid the work of the committee.
G. Under the direction of the President, or the Secretary if designated by the President, oversee the physical arrangement of the Senate Chamber, the committee rooms, and offices of the Senate and of its officers, and maintain security therein.
H. Under the direction of the President, or the Secretary if designated by the President, be responsible for the carrying out of the duties of all Assistant Sergeants at Arms.
I. Execute all process issued by authority of the Senate as he is directed to execute by the President.
J. Carry out all commands and directions of the Senate or the President.
Rule 3.10. Duties of parliamentarian
The Parliamentarian shall have the following duties:
(1) Develop sufficient expertise to advise the President on matters of parliamentary procedure and Senate rules.
(2) Keep copies of the Rules of Order of the Senate and Mason's Manual of Legislative Procedure with him at all times when the Senate is in session and he is in the Senate Chamber.
(3) Perform any other duties assigned to him by the President or President Pro Tempore of the Senate.
Rule 3.11. Prohibitions
A. No officer of the Senate shall be assigned a state vehicle on a regular basis for Senate business or for personal use.
B. No officer of the Senate shall have a state employee assigned on a regular basis to provide services as a chauffeur.
Questions and comments may
be directed to firstname.lastname@example.org.
Baton Rouge, Louisiana.