Rules of Order > Chapter 9: Prefiling of Legislative Instruments

CHAPTER 9. PREFILING OF LEGISLATIVE INSTRUMENTS

Rule 9.1. Time of prefiling; written consent of author

A. At any time between regular sessions, but no later than ten days before the beginning of a regular session for joint resolutions proposing a constitutional amendment, or no later than five o'clock in the evening of the forty-fifth calendar day prior to the first day of a regular session for bills relative to retirement, or no later than five o'clock in the evening of the tenth calendar day prior to the first day of a regular session for all other bills, senators may prefile with the Secretary legislative instruments that are proposed for introduction at the next session. However, no instrument shall be prefiled between final adjournment of the last regular session of a legislative term and promulgation of the returns of the general election for members of the legislature for the next succeeding term. After the promulgation of the election returns, any member-elect may pre-file instruments for introduction at the next regular session.

B. No legislative instrument shall be prefiled without the written consent of the author or, in case of more than one author, the written consent of at least the primary author.

C. A request for legislation that is to be prefiled must be received by Senate Legislative Services staff not later than forty-eight hours prior to the prefiling deadline applicable to the instrument being requested.

SR 3 of 1994 2^nd EX; SR 6 of 2008 RS; SR 11 of 2010 RS.

Rule 9.2. Numbering prefiled instruments; introduction copies

The Secretary shall number each prefiled instrument in the order in which he receives it with written direction to prefile. The requisite number of copies for introduction shall be delivered to the Secretary.

Rule 9.3. Printing and distribution

The Secretary shall cause all prefiled bills to be printed or otherwise duplicated for distribution; he shall otherwise process such instruments for introduction when the session convenes. He shall make a copy of each legislative instrument prefiled with him available to any legislator, the news media, and any other person who requests a copy. He shall transmit a copy to each legislator who requests a copy.

Rule 9.4. Referral to committee

The President shall refer each prefiled instrument to the appropriate standing committee in accordance with the Rules of Order of the Senate for presession study, hearing, and consideration of such instrument by the committee. The referral, the date thereof, and the name of the committee of reference shall be entered on the Joint Legislative Website. If a senator notifies the President in writing within five days after publication of the referral on the Joint Legislative Website that he objects to the referral and states the reason for his objection, the President may reconsider the referral and may refer to another committee. If the President refers the instrument to another committee, he shall so notify the author and the chairman of both committees affected by his action in writing, and the Secretary shall enter the new referral on the Joint Legislative Website.

SR 168 of 2014 RS.

Rule 9.5. Authority of author to withdraw

A. The Secretary shall retain the original and requisite number of copies of the prefiled instrument necessary for introduction when the session convenes. He shall transmit copies thereof to the committee of reference.

B. The author of a prefiled instrument may withdraw it at any time prior to introduction by written request to the Secretary. In such case, the Secretary shall reclaim the instrument from the committee and enter its withdrawal on the Joint Legislative Website.

SR 168 of 2014 RS.

Rule 9.6. Presession committee hearings

Prior to the session, standing committees may hold hearings and consider prefiled instruments referred to them if copies of such instruments have been made available and entry of the referral on the Joint Legislative Website has been made at least ten days before the meeting. However, if objection is raised, as provided in Rule 9.4, the original committee of reference shall not consider the instrument. If the President refers the instrument to another committee, the instrument shall not be considered until at least five days after the second referral is entered on the Joint Legislative Website and appears.

SR 168 of 2014 RS.

Rule 9.7. Provisional reports

Prior to the session and in accordance with the rules of the Senate, a committee may determine the report it intends to make on any instrument; however, any such report shall be provisional and subject to change at a committee meeting during the session. The final report of the committee shall be the report it determines to make during a committee meeting held during the legislative session. The committee may file provisional reports with the Secretary, and he shall enter all such provisional reports in the Interim Calendar.

Rule 9.8. Prefiled instruments not referred

An instrument received by the secretary for prefiling within five days before the convening of the session shall be numbered, printed, and distributed as otherwise provided in the rules, but shall not be referred to committee prior to the first day of the session.

Rule 9.9. Introduction on first day of session

Each prefiled instrument shall be introduced and read on the first day of the session, as required by the constitution and by the rules of the Senate. In the case of prefiled instruments which have been referred to committee prior to the session, the Secretary shall announce and the Journal shall recite the committee reference on the day of introduction. At such time the author or any member may offer a motion for reference of the instrument to a different committee. Prefiled instruments which have not been referred to committee prior to the session shall follow their regular course.

Questions and comments may be directed to websen@legis.la.gov
Baton Rouge, Louisiana.