Documents > Archives > 2000 Senate Rules of Order > Chapter 7


CHAPTER 7. LEGISLATIVE INSTRUMENTS

Rule 7.1.  Legislative instrument defined

For the purpose of these rules, "legislative instrument" means (1) a bill, including a joint resolution, (2) a concurrent resolution, or (3) a resolution.

Rule 7.2.  Numbering of instruments

The Secretary shall number each legislative instrument as it is introduced, unless the instrument is prefiled.

Rule 7.3.  Resolutions; titles

Each simple and concurrent resolution introduced in the Senate shall have a brief title indicative of its subject and purpose.

Rule 7.4.  Title only bills

No bill shall be received or introduced by title only or in any similar form.

Rule 7.5.  Repealed by SR 3 of 1994 2nd Ex.Sess.

Rule 7.6.  Legislative instruments and other documents; introduction copies,

printing; language indicators in bills

A. All legislative instruments shall be prepared for introduction by the staff of the Senate or the House of Representatives and shall be printed or typewritten and a total of three copies thereof presented to the secretary at the time of introduction. If a legislative instrument presented for introduction has not been prepared by the staff of the Senate or the House of Representatives, the secretary, prior to its introduction, shall inform the author of the requirements of this rule and shall transmit the instrument, on behalf of the author, to the Senate staff for preparation for introduction as required by this Paragraph. The Senate staff shall return the instrument to the author prior to the end of the thirtieth calendar day of a regular session held in an odd-numbered year or prior to the end of the tenth calendar day of a regular session held in an even-numbered year.

B. If the constitution or laws require that public or other notice be given of intention to introduce a bill, evidence that notice has been given shall be attached to one of the copies presented at the time of introduction.

C. Every bill shall be printed upon introduction and shall be available for distribution to the members and to the public upon request.

D. Each Senate bill shall be printed as engrossed, together with a digest thereof as amended. The digest shall be prepared and furnished by the Senate staff.

E. On the day on which a bill appears on the regular calendar for final passage a copy thereof and any supplemental digest shall be placed in the Final Passage Book on the desk of each member. Such bills shall be arranged as listed on the regular calendar, separately for Senate and House bills.

F. A copy of each bill which has been placed on the Subject to Call Calendar, and any supplemental digest thereof, shall be placed in the Subject to Call Book on the desk of each member, arranged in numerical order and separately for Senate bills and House bills.

G. No bill shall be considered on third reading and final passage until the requirements of this rule have been met.

H. Resolutions, reports, memorials, and petitions shall be printed only on the order of the Senate.

I. (1) To the extent practicable and where appropriate, bills any part of which propose to amend the existing law, shall be introduced in a format which includes both the existing law and the proposed new law, with the proposed new language in the text to be in boldface type and underscored, and all present law language and punctuation which is to be deleted shall be lined through with hyphens.

(2) All bills, any part of which propose to add all new language, shall contain a notation which shall be inserted immediately preceding the text of the provision being added (i.e.) "R.S. 49:228 is all proposed new law." Each such notation shall be in boldface type and underscored and shall not constitute a part of the law under consideration.

(3) When the change in language is so general that the use of the procedures set forth in Subparagraph (1) hereof hinders rather than assists the understanding of the amendment, it shall not be necessary to use the language change indicators, but in lieu thereof a notation similar to the following may be inserted immediately preceding the text of the provision being amended: "Substantial rewording of Section. See R.S. . . for present text." Each such notation shall be in boldface type and underscored and shall not constitute a part of the law under consideration.

(4) The inclusion of the language to be deleted and the above described indicators both of the deleted language and of new language are for information and guidance and shall not constitute a part of the law proposed to be enacted.

(5) The following words, shall be printed on a bill to explain the method of identifying or indicating language deleted from existing law or additions to existing law and shall not constitute a part of the law under consideration: "Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions."

(6) Repealed by SCR No. 7 of 1999 Regular Session

Rule 7.7.  Endorsement of instruments

Each action taken by the Senate on any legislative instrument shall be endorsed by the Secretary on the cover thereof and the date of each such action shall be noted thereon.

Rule 7.8.  Engrossment

A. When the Senate orders a legislative instrument engrossed or reengrossed, the Secretary shall cause the measure to be typed to incorporate all amendments which have been adopted at the time it is ordered engrossed or reengrossed, as the case may be.

B. Each legislative instrument which has been ordered engrossed and passed to third reading shall be presented to the Senate for its third reading in its engrossed form.

Rule 7.9.  Reengrossment

A. Before a Senate bill finally passed by the Senate is sent to the House, it shall be reengrossed to incorporate any floor amendments adopted by the Senate.

B. Before a Senate concurrent resolution finally adopted by the Senate with amendments is sent to the House, it shall be engrossed or reengrossed to incorporate all of the amendments.

Rule 7.10.  Enrollment

Each legislative instrument which originates in the Senate and is finally passed by both houses shall be typed, and all amendments agreed upon by both houses shall be incorporated into it. At the discretion of the President, Senate resolutions adopted by the Senate also may be so enrolled. The Senate and Governmental Affairs Committee shall be responsible for the accurate enrollment of all legislative instruments originating in the Senate. This committee shall make its reports on enrollment in writing, and each report shall be entered in the Journal.

Rule 7.11.  Signature of President

Each bill and concurrent resolution finally passed by both houses and each Senate resolution finally adopted by the Senate shall be signed by the President. All writs, warrants, and subpoenas issued by order of the Senate shall be signed by the President and attested by the Secretary.

Rule 7.12.  Presentation to Speaker of House

Each enrolled bill, joint resolution, and concurrent resolution originating in the Senate which has been signed by the President as provided in Senate Rule 7.11 shall be presented by the Secretary to the Speaker of the House for signature.

Rule 7.13.  Presentation to governor

A. Legislative instruments originating in the Senate which have the effect of law and require the signature of the governor shall be presented to the governor by the Secretary immediately after signature by the Speaker of the House.

B. All other legislative instruments which originated in the Senate shall be presented by the Secretary to the secretary of state immediately after signature by the President and the Speaker of the House, or by the President when only the President's signature is required.

Rule 7.14.  Fiscal notes; capital outlay appropriations, amendments

Notwithstanding the provisions of Paragraph G of Joint Rule No. 4, every bill, joint resolution, and simple or concurrent resolution, and every amendment thereto, which appropriates monies for capital outlay purposes shall have a fiscal note attached as required by Joint Rule No. 4. In addition to the requirements of Paragraph C(4) of Joint Rule No. 4, the worksheet of the fiscal note attached to each such measure shall include a feasibility study and needs assessment, as required by R.S. 39:61 for inclusion in the capital outlay budget.

Rule 7.15. Duplicate Bills

A. Upon its prefiling or introduction, a senate bill may be designated by the president as a duplicate of a prefiled or introduced bill.

B. A committee may designate a senate bill it reports as a duplicate of another bill by adoption of a separate motion to that effect.

C. The author of a senate bill on third reading and final passage may move the bill be designated as a duplicate of a bill, which motion shall require the approval of a majority of the members present. Prior to the motion being presented to the membership, the president shall request the secretary to advise him as to whether the bill qualifies as a duplicate under the provisions of Joint Rule No. 5 of this rule and shall so inform the membership.

D. On the second reading of a house bill designated a duplicate of a senate bill, the member handling the house bill may do one of the following:

1. Offer a motion to immediately refer the bill to the Legislative Bureau if the duplicate senate bill has been ordered engrossed and passed to its third reading. Upon the referral of the house bill to the Legislative Bureau, the duplicate senate bill shall be immediately returned to the calendar in the order of business to which it had otherwise last been advanced. When the duplicate house bill is reported by the Legislative Bureau, it shall lie over prior to being ordered passed to a third reading and final passage.

2. Offer a motion to immediately refer the bill to the second committee where the duplicate senate bill is referred, if the duplicate senate bill has been referred to a second committee under Senate Rule 13.5.1 or Senate Rule 13.5.2.

E. On the second reading of a house bill which is substantially similar to a senate bill, the member handling the house bill may:

1. Offer amendments to conform the house bill to a senate bill, if the senate bill has been ordered engrossed and passed to its third reading. If amended to conform, the house bill shall be immediately referred to the Legislative Bureau and its duplicate senate bill shall be immediately returned to the calendar in the order of business to which it had otherwise last been advanced. When the duplicate house bill is reported by the Legislative Bureau, it shall lie over prior to being ordered passed to a third reading and final passage.

2. Offer amendments to conform the house bill to a senate bill, if the senate bill has been reported by a senate committee and has been referred to a second committee under Senate Rule 13.5.1 or Senate Rule 13.5.2. If amended to conform, the bill shall be immediately referred to the committee where the duplicate senate bill has been referred under Senate Rule 13.5.1 or Senate Rule 13.5.2.

F. Once a house bill has been designated a duplicate of senate bill, any member may object at any time to the duplicate bill being advanced without a committee hearing. If any member objects, the president shall inquire if seven other members will join the objecting member. If at any time a total of eight members object to the advancement of the duplicate bill, the bill shall be referred immediately to committee.

G. Once a house bill has been designated a duplicate of a senate bill, the chairman of the committee where the duplicate senate bill was referred may request the house bill be referred to committee. Upon request of the chairman, the house bill shall be referred immediately to committee.

H. "Duplicate bill" shall mean a senate bill which has been designated identical or substantially similar to another senate bill, which has been designated identical or substantially similar to a bill filed in the other house, a bill which has been determined to be identical or substantially similar to a bill in the receiving house, and a bill which has been conformed by amendments adopted by the receiving house to make the bill identical to a bill introduced in the receiving house and reported by a committee of that house. Bills may be deemed duplicates notwithstanding differences created by the adoption of amendments in committee or on the floor of the house of introduction; nor withstanding technical differences with respect to legal reference, text, punctuation, spelling, grammar, or form, as long as the differences may be corrected pursuant to R. S. 24:13 or R.S. 24:253.

I. Each duplicate bill shall recite, after its number, the number of the bill it duplicates, as follows: "Duplicate of Bill No. by ".

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