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Glossary
Legislative Terms: Definitions
This dictionary of legislative terms
provides very brief explanations of the listed terms. Many of
the terms are formal parliamentary usage. Others are informal
terms, and even slang terms, in common usage in the Louisiana
Legislature. The cited provisions of the constitution, laws, and
rules, where applicable, may be consulted for additional
information.
8G Money
Funds appropriated
annually by the legislature to the State Board of Elementary and
Secondary Education and the Board of Regents in equal amounts
from the Louisiana Quality Education Support Fund, a
constitutionally and statutorily established special fund in the
state treasury. Only certain recurring revenues to and
investment earnings from the related Louisiana Education Quality
Trust Fund flow to the support fund and are available for
appropriation. The educational purposes for which the funds may
be used are specified. This funding is referred to as "8(g)
money" due to a federal law reference to a settlement of
disputed mineral production funds from the Outer Continental
Shelf. (Const. Art. VII, §10.1
and R.S. 17:3801-3804)
Abstract
A very concise overview of the contents
of a legislative instrument that appears at the beginning of the
digest of the instrument.
Act
A bill that has been finally passed by
the House and Senate, enrolled, signed by the legislative
presiding officers, signed by the governor (or allowed to become
law without his signature), and assigned an act number by the
secretary of state. Joint resolutions (proposed constitutional
amendments) are bills and are processed as such, except they are
not signed by the governor or subject to the governor’s veto.
Actuarial Note
An estimate of the actuarial effect of
a bill or resolution that will affect a state, parochial, or
municipal retirement system. (R.S.
24:513 (D)(2), (E), and (H) and 521, Joint Rule 4(G), and House
Rules 7.16(C), 7.17, and 14.48)
Adjournment
Termination of business for a
legislative day until a fixed hour on a succeeding day during a
session. (Const. Art. III,
§10(C) and House Rules 8.2, 9.6, 9.7, and 9.14A)
Adjournment
"Sine Die"
Final adjournment at the end of a
legislative session (literally "adjournment without date").
"Sine Die" (correctly pronounced "see-nay dee-ay"; in Louisiana
it is sometimes pronounced "sigh-knee die") is Latin for
"without a day." (House Rules
7.11, 8.11, 9.6, and 9.14(A))
Adopt
To finally approve an amendment,
motion, or resolution.
Agenda,
Committee
A list of instruments or other matters
to be considered or acted upon at an upcoming committee meeting.
(House Rule 14.30) (Also see
Notice, Committee)
AG Opinion
An Attorney General's (AG) Opinion is a
formal, written analysis of a question of law prepared by the
attorney general at the request of the legislature, head of an
executive agency, or a state or local governing authority or
official.
Amendment
The modification of a bill or
resolution by adding or deleting language or changing wording.
(House Rules 8.12, 8.13, 11.1
through 11.6)
Committee
amendment
– Changes in a bill or resolution
recommended to the full house by a majority of the quorum
present of the committee to which the bill or resolution was
referred. Must be adopted by the full house to become a part of
a bill or resolution. (House Rules 6.11, 14.6, 14.7, 14.40,
and 14.43) (Also see
Substitute Bill)
Floor amendment
–
Amendment offered by a member of the house to a bill or
resolution under consideration, usually when a bill is being
considered on the floor on third reading and final passage.
(House Rules 7.17, 11.1 through
11.6, and 9.13)
Amendment Room
Small room adjacent to
the House Desk where staff are available to draft floor
amendments to legislation while the House is in session.
Appropriation
Bill
A bill to authorize
payment of funds from the state treasury to a particular public
entity; sometimes specifies a particular purpose.
(Const. Art. III, §16 and Art. VII,
§10(D), House Rules 6.6(C) and 11.6)
General Appropriation Bill
– Comprehensive bill to fund the ordinary expenses of the
executive branch of state government. Appropriations are
itemized to show the public entity to which the appropriation is
made and the treasury fund from which it is made. The bill is
organized in "schedules" applicable to particular departments
and agencies or functions, with "items" within each schedule. (Const.
Art. III, §16, House Rules 6.25, 7.3, 7.9(C), 8.15, and 11.6)
Appropriations for the legislative
and judicial branches are proposed in separate bills.
Capital Outlay Bill
– Also an appropriation bill; it authorizes expenditures for the
capital construction needs of the state.
(Const. Art. VII, §6, House Rules 6.6(C),
6.8(C), and 7.3)
At Ease
An informal
intermission in the House proceedings declared by the Speaker,
who may announce that "The House will stand at ease."
Author
The member sponsoring a
particular piece of legislation. (House Rule 7.2 and Joint
Rule 12) (Also see
Co-author)
BA-7
(Budget Adjustment No.
7, as described in R.S. 39:73) A request for a budget adjustment
or supplement, received from state agencies, reviewed by the
Legislative Fiscal Office, and approved/rejected by the Joint
Legislative Committee on the Budget.
(R.S. 39:73)
Bagneris Rule
A rules suspension to
defer action on one or more bills. This shortcut motion is used
exclusively by the Senate. This motion was originated by former
Senator Dennis Bagneris.
Bill
A legislative
instrument proposed by a legislator(s) to change existing or
enact new statutory law or to repeal existing law (act), or to
propose changes or additions to the constitution (joint
resolutions). Statutory law includes the Louisiana Revised
Statutes, various codes, and uncodified acts.
(Const. Art. III, §15)
Prefiled bill
– Original bill that is filed by a legislator with the chief
clerical officer of the respective house prior to a legislative
session. Such a bill receives a bill number, is printed, and may
be assigned to a standing committee prior to a session. On the
opening day of the session, it will be formally introduced.
(Const. Art. III, §2 and House
Rules 6.11, 7.2, 7.6(B), 14.16, 14.19, and 14.24)
Original bill
– The bill as introduced into the legislature that is used in
the legislative process until it is engrossed. (House Rules
7.2 and 7.6)
Engrossed bill
– Original bill prepared with amendments adopted upon initial
consideration by the house of origin incorporated into its text.
Usually, a bill which incorporates all committee amendments to
the original bill adopted during the second reading in the
originating house. (Rarely, a bill is amended on the floor at
second reading; and the engrossed bill, including these
amendments, is referred to committee.) The engrossed bill is
ordinarily the version used on the House floor for debate on
third reading and final passage.
(House Rules 7.8, 7.9, 8.16, 8.17, and
8.20)
Reengrossed bill
– Refers to a bill to which additional amendments have been
added after its engrossment. Usually these are floor amendments
adopted when the bill is considered on third reading and final
passage, but also refers to committee amendments from a second
committee in the house of origin.
(House Rules 7.8, 7.9, and 7.10)
Substitute bill
– (See Substitute Bill
)
Enrolled bill
– A bill in its final form, including all
amendments adopted in both houses, to be submitted (joint
resolutions excepted) to the governor for approval or veto.
(House Rules 7.12, 7.14, and
7.15)
Bill Number
Number given to each
bill by the House Clerk or Senate Secretary's Office when it is
first introduced or prefiled for a session. These following
bills receive the same number for each session: the General
Appropriation Bill is House Bill 1; Capital Outlay Bill is House
Bill 2; Omnibus Bond Bill is House Bill 3.
(House Rule 7.3)
Bill Room
A central location
during session which provides copies of bills and legislative
documents. The Bill Room is located on the Ground Floor on the
Senate side of the Capitol.
Bill Status
The current stage of a
legislative instrument in its progression from its introduction
to passage.
Boilerplate
Standard bill-drafting
language used in the Louisiana Legislature and designed to
maintain legal consistency and uniformity.
Bruneau Box
Also referred to as
"cost box". A printed statement, bordered by a box, on a public
document printed by a state agency that includes the name and
address of the agency that published it, at what cost, how many
copies, and for whom. This legislation was originated by former
Rep. Emile "Peppi" Bruneau.
(R.S.
43:31)
Budget Stabilization Fund
Commonly known as "the
rainy day fund", which is established as a special fund within
the state treasury to be available for use in the state budget
in the event of certain unexpected shortfalls in revenue.
Limited to amounts necessary to cover a projected deficit or
drop in revenues, also limited to certain amounts of the fund
balance, and requires a two-thirds vote of the legislature to
appropriate from the fund. (Const. Art. VII, §10.3 and R.S. 39: 94 and 95)
Bust the Cap
The legislature by a
2/3 vote may agree to increase the annual expenditure limit
("the cap") of state general funds and dedicated funds as
provided for in the Constitution. An AG opinion stated that the
legislature may entertain changing the expenditure limit in any
fiscal year. (La. Atty. Gen. Op. # 07-0124)
(Const. Art. VII, §10)
CSG
The Council of State
Governments. A multibranch organization forecasting policy
trends for the community of states, commonwealths, and
territories on a national and regional basis. Serves the
executive, judicial, and legislative branches of state
government through leadership education, research, and
information services.
Calendar
(1) The daily listing
in the Order of the Day, in order of precedence, of resolutions,
bills, and other documents on which action may be taken. (Also
see Order of the Day)
-
Regular calendar
– Instruments reported by committees and ordered engrossed
and passed to third reading on the same day are listed in
numerical order and follow those reported on previous days.
Most bills are placed on the regular calendar and considered
in the order listed. (House
Rules 8.8, 8.17, 8.20, 8.23, 8.24, 8.26, and 9.14A)
-
Major state calendar
– This calendar is comprised of bills and joint resolutions
that have a major impact in application throughout the state
and establish or change policy in a major area of government
activity. It is a Wednesday calendar, but remaining bills
are carried over to the next legislative day. The reporting
committee and the Speaker must recommend placement on this
calendar. Bills on this calendar lie over for not less than
two legislative days prior to consideration on third
reading. Removing a bill from this calendar requires filing
an objection no later than the day before it is scheduled
for consideration, concurrence of 20 other members, and
concurrence of the House and Governmental Affairs Committee.
(House Rules 8.20, 8.22,
8.23, 8.24, and 8.25)
-
Local and consent
calendar
– A locally advertised bill or any instrument reported
unanimously by a committee may be placed on the local and
consent calendar. Placement on this calendar requires that
the committee reporting the bill adopt a separate motion
recommending that it be placed on this calendar. This
calendar is acted upon every second legislative day
(bi-daily). Upon the second reading of an instrument, the
author or sponsor may move that the bill be placed on this
calendar and, unless objection is voiced by 21 members, it
will be placed on the local and consent calendar. If 21
members object to hearing a bill on this calendar when it
comes up for consideration on third reading and final
passage, the bill is moved to the regular calendar (the
daily calendar) for the next day.
(House Rules 8.21, 8.24, and 8.25)
-
Subject to call –
An
instrument may be returned to the calendar upon approval of
a majority of the members present and voting. Instruments so
returned are listed in numerical order and may be called
from the calendar for further action or consideration at a
later time when the House is in that same order of business.
Only the author or the member handling a Senate instrument
or a member authorized by such member may move to call an
instrument from the calendar. However, members must give at
least a day’s notice that they intend to call a bill from
this calendar; and such bills are listed on the Order of the
Day in the order the Clerk received the member's notice
under the heading "Notice Given Subject to Call". (House
Rule 8.26) (Also see Order of the Day)
-
Involuntary calendar –
A
Senate procedure when a legislative instrument is returned
to calendar, subject to call, upon the order of the majority
of members present and voting. After such action, the
instrument may be called from the calendar only upon a
favorable vote of a majority of members present and voting.
(2) The Legislative
Calendar is the final published compilation of the action on
each instrument during a legislative session. It lists all
instruments in numerical order by house with a chronological
notation of all action taken by each house. It includes an
author, subject, and journal information index. Interim
Calendars are prepared periodically during the interim.
(House Rules 12.6 and 12.7)
(3) The Interim
Calendar is a compilation of the action taken on each
legislative instrument prior to the convening of the legislative
session. (House Rule 12.7)
Calendar Day
Any day from
convening to adjournment of a legislative session whether or
not either house meets.
Call
The proclamation by
which the governor or the legislature convenes the
legislature into extraordinary session. The subject scope of
the session is determined in this written document. (Const.
Art. III, §2(B))
Call the Bill or Amendment
The announcement by
the House Clerk or Senate Secretary of the item about to be
debated on the floor.
Caucus
An informal group
of legislators, most often organized on the basis of party
affiliation, common interest, or regional representation.
Also, a meeting of such a group. Some groups refer to
themselves as "delegation" rather than caucus.
Chamber
(1) The room where
the House or Senate meets. (2) The House or Senate itself.
(House Rules 1.1 and 1.2)
Claim
Against the State
A financial
judgment rendered by a court to pay a claim made by a
citizen upon the state; requires appropriation in order to
pay it. (Const. Art. XII,
§10)
Clerk
The clerical
officer of the House of Representatives, elected by the
members. (Const. Art. III, §7 and House Rules 2.9 and
2.10)
Closing
Refers to ending
the debate on a bill, which only the author of a House Bill
or the handler of a Senate Bill has the right to do. Closing
is limited to 15 minutes. (House Rule 5.7)
Co-author
Legislator who adds
his/her name to the list of authors on another legislator's
bill, resolution, or amendment.
(Joint Rule 12)
Commendation
Resolution of
either or both houses expressing legislative tribute. Also
may be an interim commendation by an individual House
member.
Committee
A group of
legislators of one or both houses which considers
legislation, conducts studies, and/or makes recommendations
to the Senate and/or House.
Committee of the whole – The
entire membership of the House, acting in the capacity of a
committee to consider the General Appropriation Bill or
other matters. A member other than the Speaker serves as the
chairman. (House Rules 6.18
through 6.25, 8.18, and 12.1)
Conference committee – A
committee, composed of three members from each house, the
purpose of which is to propose to the two houses a means to
resolve differences in a bill when the house of origin
refuses to concur in amendments adopted by the opposite
house. (House Rules 6.14,
7.11, and 8.27)
Interim committee – A special
committee created to make a study or investigation during
the interim between sessions of the legislature. In the
House, most interim studies are conducted by standing
committees rather than special interim committees. (Joint
Rule No. 13 and House Rules 6.8(B) and 14.16)
Joint committee – A committee
composed of members of both houses. May be composed of
standing committee members from each house (or certain
members thereof) or may be a special joint committee with
members selected without regard to standing committee
membership. Used during the interim.
(House Rules 14.16 and 14.49 and Joint
Rules Nos. 8 and 13)
Select committee – A
committee established by the presiding officer of a house
composed of members of that house for a designated purpose.
(House Rules 2.5(13) and 6.1)
Special committee – A committee
of one or both houses appointed for a limited purpose and
discharged upon completion of this function.
Standing committee
– A permanent committee of the House or Senate with
subject matter jurisdiction defined by rules of its house.
Functions both during and between legislative sessions to
conduct public hearings on proposed legislation, review
proposed administrative rules, make its own studies of
problems, make reports and recommendations to the house it
serves, etc. (House Rules 6.1, 6.2, 6.3, 6.5, 6.6, 14.16,
and 14.17 and House Rules Chapters 6 and 14, generally. Also
Joint Rules Nos. 13 and 16)
Committee Report
A written list of the
legislative instruments on which a standing committee took
action and the committee's recommendation on each, including any
proposed amendments. Includes certain other procedural
information. May also refer to the annual report of a standing
committee's activities and studies during the interim.
(House Rules 6.11 and 14.45)
Committee Staff
The staff assigned to
assist a standing committee chair and members. This usually
consists of the committee secretary, a research analyst, and/or
an attorney.
Concur
Action by the house of
origin on a legislative instrument to agree to amendments to the
instrument adopted by the opposite house.
Condolence
A resolution which
tenders condolences upon the death of a legislator, a member’s
relative, former member, or any other prominent person.
Conferees
Members of a conference
committee appointed by the House Speaker or Senate President.
Conference Committee Report
The recommendations of
a conference committee to resolve the differences between the
two houses when the house of origin does not concur in
amendments adopted in the second house. The report must adopt or
reject all second house amendments and may include other
changes. A digest of a conference committee report must be
prepared by the staff before a vote on the report.
(House Rules 6.14, 7.11, and 8.27)
Conflict of Interest
A situation in which
any interest (financial or otherwise), any business or
professional activity, or any general activity may prevent the
fair execution of one's obligation of official duties. (Also
see Recuse)
Constituent
A citizen residing
within a legislator’s district.
Constitution
The written instrument
stating the fundamental principles of a state government. Unlike
the federal constitution, a state constitution’s provisions are
not grants of power, but, instead, are limitations on the
otherwise plenary power of the people of a state, exercised
through its legislature.
Constitutional
Amendment
(See
Joint Resolution under Resolution)
Convene
The assembling of a
legislative body. Usually refers to the initial convening of a
legislative session.
Co-Sponsor
(See
Co-author)
Custom, Usage, and Practice
Legislative procedures
that, while not formally adopted or codified, have been
sanctioned by general usage and have grown into general
acceptance. They are a source for parliamentary procedure in the
House when the House Rules are silent or inexplicit. They were
made an appendix to the House Rules by House Resolution No. 5 of
the 2006 2nd Extraordinary Session.
(House Rule 13.3)
Cutoff Date
Time certain set by a
legislative body for specified action, such as bill
introduction, committee action, or passage of bills by either
house.
Dead
This means a bill is
defeated or otherwise removed from consideration for the rest of
a session.
Deferred
A legislative
instrument scheduled for hearing by a committee may be
voluntarily deferred upon the request of the author or
member handling the instrument. An instrument voluntarily
deferred without objection may be rescheduled for committee
hearing. A legislative instrument is involuntarily
deferred when so ordered by a vote of a majority of the
committee members present and voting, notwithstanding the
request of the author or member handling it to report the
instrument. An involuntarily deferred instrument may be
rescheduled for a committee hearing (after opportunity for
hearing all other House instruments requested to be heard) only
by the vote of two-thirds of the committee members present and
voting. (House Rules 6.9 and
6.10)
Desk, The or House Desk
Raised area at the
front of the House Chamber where the Clerk carries out
administrative functions, including the receipt of bills and
proposed floor amendments. The presiding officer presides from a
raised desk behind the Clerk.
(House Rule 1.2, Diagram)
Digest
A summary of the
substance of a legislative instrument that appears at the end of
the text of the instrument. It explains changes in the law
proposed by a bill. Redigests also include a
summary of amendments adopted. Digests of legislation as finally
passed comprise the Résumé, which is the
publication describing all legislation passed by the legislature
in a given session. (House Rules
7.9(B) and 7.11 and Joint Rule No. 6)
Docket
(1) A list of all
legislative instruments pending before a committee or the full
body of the legislature. (2) A central location for filing of
official legislative instruments and publications. The House and
Senate maintain separate Docket locations.
Draft
(1)(v.) To write a
bill, resolution, or amendment. (2)(n.) An unfiled, written
version of a bill, resolution, or amendment.
Duplicate Bill
A bill filed in one
house which is identical or substantially similar to a bill
filed in the other house. Prior rules relative to special
procedures for such bills have been repealed.
Effective Date
Date upon which enacted
bills and constitutional amendments take effect.
Acts from an annual regular session
– Unless the act itself states an earlier or later date, all
acts become effective on August 15 after the regular legislative
session during which they are enacted.
(Const. Art. III, §19)
Acts from an extraordinary session
– Unless the act itself states an earlier or later date, all
acts become effective on the 60th day after final adjournment of
the extraordinary session in which they were enacted.
Constitutional amendments
– Unless the amendment provides otherwise, constitutional
amendments approved by the voters become effective 20 days after
issuance of the governor’s proclamation that they have been
adopted. (Const. Art. XIII,
§1(C))
Enabling Legislation
A bill designed
specifically to implement a proposed or adopted constitutional
amendment.
Enacting Clause
The language "Be it
enacted by the Legislature of Louisiana", which is established
by the constitution as the style of law enacted by the
legislature. Without this clause a bill is unconstitutional.
(Const. Art. III, §14)
End Consideration of Amendments
A motion that, when
adopted, prevents the House from adopting any other amendments
on the instrument pending, except the amendment under
consideration at the time, an amendment to change coauthors, or
technical amendments. (House Rule 9.13) (Also see
Previous Question)
Executive Order
A written document
issued by the governor to accomplish a purpose over which he has
authority, such as establishment of executive branch policies,
the declaration of certain holidays, establishment of a study or
other commission or committee, or other directive within his
power as chief executive. Executive branch agencies may also be
created by executive order for a limited period. The termination
date for such agencies varies as specified by law.
(R.S. 49:215)
Executive Session
A closed meeting of the
House or Senate or a legislative committee to discuss and act
upon certain matters or appointments as provided by law or rule.
Generally open only to members and specified staff.
(Const. Art. XII, §3, R.S. 42:62, and
House Rule 14.11)
File a Bill
To formally introduce a
bill during a session by delivering a copy to the House Clerk
(House Bills) or Senate Secretary (Senate Bills). (Also
see Prefile)
Final Action
The ultimate action of
the legislature on a bill or resolution, such as final passage,
failure to pass, indefinite postponement, tabling, or
concurrence.
Fiscal Note
An estimate of the
fiscal effect of a bill, joint resolution, simple or concurrent
resolution which will affect the receipt, expenditure, or
allocation of $100,000 or greater of state funds or funds of any
political subdivision of the state or that will authorize the
issuance of general obligation bonds or other general
obligations of the state for capital outlay purposes. Must be
attached prior to consideration on final passage or
consideration by a committee of either house unless the
committee decides otherwise. Not a part of the law proposed by
the measure to which it is attached. Fiscal notes are prepared
by the Legislative Fiscal Office, except for certain notes
prepared by the Legislative Auditor.
(House Rules 6.8 and 7.16 and Joint Rule
No. 4)
Fiscal Year
The 12-month period for
which appropriations, budgets, and financial reports are made.
The state’s fiscal year commences on July 1 and ends the
following June 30. (R.S. 39:53)
Floor
The area of the House
or Senate Chamber designated by rule for use of members and
staff. Access to the floor area of the House and Senate chambers
is limited by rule when the body is in session. Referred to in
legislative procedure: the bill is "on the floor" means it is
under consideration on final passage. Members recognized to
speak on debate are said to "have the floor". (House Rule 1.2)
Floor Leader(s)
Legislator(s)
designated by the governor to handle his/her legislative
package.
Fourth Floor
Refers to the Governor
or Governor's Office, which is located on the fourth through the
sixth floors of the Louisiana State Capitol.
Gallery
Balconies above the
House and Senate chambers from which visitors may view
proceedings. (House Rule 1.2)
General Bill
(1) A bill applying
statewide. (Also see Local bill, Local and Special
Laws) (2) A bill proposing a law separate from a
codified body of Louisiana law (i.e. Civil Code, Code of Civil
Procedure, Code of Criminal Procedure, Children's Code, Code of
Evidence, and Revised Statutes).
General Fund
The treasury fund into
which the majority of state revenues flow and from
which are appropriated
the funds for the expenditures of the three branches of
government. It does not include federal monies, certain
self-generated revenues, and certain transfers among state
agencies or by the state to local governments. Also referred to
as the "State General Fund."
(Const. Art. VII, §§ 9 and 10(J))
Germaneness
The relevance of
amendments or a substitute bill to an original bill. The
constitution and rules require that amendments and substitute
bills be germane to the original bill.
(Const. Art. III, §15(C) and House Rules
6.12(B) and 11.1)
Glass Pockets Bill
A bill which deals with
ethics or, more specifically, with financial disclosure of
elected officials.
Governor's Package
Bills introduced by
legislators at the request of the governor.
Grandfather Clause
A provision in a bill
that exempts certain persons previously involved or preexisting
conditions from the bill's effects.
Gut
Amending a bill to
remove key provisions such that the bill's effect is drastically
weakened.
Hearing
A committee meeting to
receive public comment on legislative matters.
Hitchhiker
Amendment to a bill
that is not related to the bill author's intent as introduced.
The amendment can add new matter or delete the contents of a
bill and insert new provisions. (Also see Germaneness)
Hopper, Drop it in the
Submit a bill or
resolution to the Clerk for formal introduction. "Hopper" is a
traditional term for a box in which a bill to be considered by a
legislative body is dropped. In practice today, there is no such
box.
House of Origin
The chamber of the
legislature where a bill is introduced and which debates and
votes on the bill first.
Interim
The interval between
annual regular sessions. Committees can conduct studies and can
hear, debate, amend, and determine their reports on prefiled
bills at this time. (House Rules
14.16 through 14.20, 14.24, 14.26, 14.27, 14.29, 14.45, and also
4.7, 6.3, 6.11, 7.2, and 12.7 and Joint Rules Nos. 13 and 16)
Introduce
To formally present a
proposal for consideration in the Legislature.
Joint Session
Formal meeting of the
members of both houses together. Held in the House chamber.
(Joint Rule No. 1)
Journal
A record of daily
proceedings of each house: the House Journal, Senate Journal.
Also refers to the final compilation of journals which is
published at the end of each session as a set (which also
includes the Legislative Calendar).
(Const. Art. III, §10(B), House Rules
2.10, 6.22, 10.9, and 12.1 through 12.5, and Joint Rule No. 1)
Keyword
General subject of bill
or resolution that appears above the heading ("An Act", "A Joint
Resolution", etc.) Not part of proposed law.
Lay Over,
Laid Over,
or Lying Over
Used to describe a
motion on which action has been delayed from one day to the next
or a legislative instrument advancing from one day's reading to
the next. (House Rules 8.8
through 8.12, 8.27, and 8.28)
Legislative
Bureau
A group composed of two
members of the legislature, one selected by each house, and ex
officio, the clerk of the House, the secretary of the Senate,
and unofficially the executive director of the Legislative
Bureau. Bills, joint resolutions, and suspense resolutions are
referred to the bureau prior to advancement to third reading in
the second house. The bureau makes an advisory report on the
construction of the instrument and any duplication and may
suggest amendments. The bureau also must examine each instrument
upon its engrossment and passage to third reading in the house
of origin and make recommendations for floor amendments.
(Joint Rule No. 3 and House Rules 8.19
and 11.4)
Legislative Day
A calendar day on which
either house of the legislature is in session.
(Const. Art. III, §2(A)(1), House Rule
8.1)
Legislative History
Refers to the
collection of documents and other indicia that are created
during the legislative process and used by the legal community
as an aid in the interpretation of law when its meaning cannot
be ascertained by the actual text of the law. The degree to
which this information is admissible in court depends upon its
authenticity and relevancy to the legal proceeding.
Legislative
Instrument
One of the following: a
bill; a concurrent resolution; a resolution. (Bill includes a
joint resolution.) (House Rule
7.1)
Legislative Research Library
The David R. Poynter
reference library and staff, which is available to legislative
staff and legislators. The library contains court opinions,
reports, state/federal statutes, agency rules and regulations,
serials, and legislative documents.
(R.S. 24:761)
Lobbyist
Person paid to
represent various interest groups and others to influence the
passage or defeat of legislation.
(R.S. 24:50 through 58.1, House Rule 3.4)
Local Bill
A bill that applies to
an area or group that is less than the total area or population
of the state. (Also see
Local and Special Laws)
Local and Special Laws
A law affecting only
one or more particular local areas, such as one or more
particular parishes or municipalities (local law). A law that,
because of its restrictions, can operate upon or affect only a
portion of citizens or a fraction of property embraced within a
classification (special law). (Const. Art. III, §§2, 12, and
13) (Also see Official Journal )
Local Notice
Published notice of
intention to introduce a bill which will apply only to a
designated area of the state, such as a single parish or
municipality. Must be published in the locality where the matter
to be affected is situated.
(Const. Art. III, §13)
Lockout
The temporary disabling
of the voting machine of any member who does not answer a quorum
call before a record vote. (House Rule 4.5) (Also see
Quorum Call )
"Machine is Open – Vote Your Machine"
The announcement by the
presiding officer that the voting machine is open and that a
member should record his/her position on a matter before the
House by pushing the "yes" or "no" button to vote.
Majority
A number of votes
greater than half of a total. Final passage of a bill generally
requires approval of a majority of the elected members (total
number of seats including vacancies), with certain exceptions
requiring a greater number.
(Const. Art. III, §15(G))
Simple majority –
Often used to indicate that the vote
required is a majority of the members present and voting.
(House Rule 9.14(A))
Super majority –
A required number of votes larger than a
majority of the elected members. (See, principally,
Const. Art. III, §18; Art. VII,
§§2, 2.1, and 10.3; and Art. XIII, §1)
Mandate, Legislative
Anything the
legislature requires. Usually used to mean a legislative
requirement of local government to establish, expand, or modify
a practice which, in turn, necessitates the expenditure of
money.
Mason's
Refers to Mason's
Manual of Legislative Procedure, which is a book of
parliamentary procedure that, together with the rules of each
chamber, the Constitution, laws, and custom, governs the manner
in which the legislature transacts business. (House Rule 13.3)
Moot
A term indicating that
a motion is not timely because it can no longer affect an action
or event.
Memorial
A simple or concurrent
resolution which expresses views of one or both houses and
requests a course of action be taken by officials or departments
(as in "To memorialize the United States Congress to [take such
action...]").
Motion to Reconsider
A motion which, if
successful, returns the question to its status before adoption
of the motion to reconsider. (House
Rules 8.28, 9.2, 9.11, 9.14, and 11.5)
NCSL
National Conference of
State Legislatures. A membership organization of all state
legislators and staff in the U.S. and its possessions for the
purpose of research and information on public policy and
administrative issues. An annual conference is held in a major
city each year.
Necessary for Passage
The number of "yes"
votes needed to pass a particular measure. May differ depending
on the nature of the measure. Most bills require 53 votes in the
House; proposed constitutional amendments, taxes, fees, and
certain others require 70 votes. (Also see
Majority)
Non-Partisan Staff
Legislative employees
not assigned to work solely for a caucus who provide
nonpolitical services to the members of the legislature.
Notice, Committee
In session, a written
announcement of the date, time, place, and matters to be
considered of a legislative committee meeting. The notice must
be posted publicly a day in advance. In the interim, a written
announcement of the date, time, place, and matters to be
considered of a legislative committee or subcommittee meeting.
The notice must be transmitted to members seven days in advance
and be publicly available. (House Rule 14.24)
Official Journal
The newspaper of
general circulation in which official notices and announcements
of the state or units of local government are published. The
official journal of the state is The Advocate
(Baton Rouge). Notices of intent to introduce retirement bills
are published in the official state journal. Notices of intent
to introduce local bills are published in the local official
journals. (Const. Art. III, §§13
and 19 and Art. X, §29(C) and R.S. 43:81 et seq. and 141 et
seq.)
One-liner
A phrase or sentence
that describes a bill or resolution. It appears on the bill or
resolution after the keyword and before the heading ("An Act",
"A Joint Resolution", etc.). It is not part of the proposed law.
(Also see Keyword)
Order of the Day
(1) The order of
business followed in each house of the legislature in
transacting its daily business. (House Rules 8.1, 8.2, 8.6,
and 8.26) (2) A legislative document prepared daily in each
house of the legislature by the offices of the House Clerk and
Senate Secretary, reflecting expected or proposed action on
legislative instruments, organized by the order of business in
which action may occur. (House Rule 2.10(A)(12)) (Also
see Calendar)
Oversight
Legislative review of
executive branch implementation of laws and programs and of
proposed administrative rules.
PAR Book
The legislative
directory published annually by the Public Affairs Research
(PAR) Council of Louisiana, Inc.
"Per Diem"
Latin for "for the
day". An allowance made to legislators for legislative work as
part of their taxable income and payable based on calendar days.
(R.S. 24:31 and House Rule 4.7)
Point of Order
The parliamentary
device that is used to require a deliberative body to observe
its own rules and to follow established parliamentary practice.
A member may raise a point of order, asking for a ruling of the
chair (presiding officer) as to the correct procedure. If the
member disagrees with the chair’s ruling, he or she may appeal
the ruling of the chair to a vote of the entire house. Also
utilized in committees. (House
Rules 5.6, 9.12, and 9.14)
Point of Personal
Privilege
Parliamentary device by
which members gain the floor to comment on matters affecting
their rights, reputation, or conduct in their representative
capacity or on other personal matters. (Members must
still confine themselves to decorous language.)
(House Rule 5.1.)
Pork Barrel,
Pork
A governmental
appropriation, bill, or policy that supplies benefits to a
specific locale. Generally associated with legislators seeking
benefits for their own districts and resulting political favor.
Prefile
To formally file a
legislative instrument for introduction by providing a copy to
the House Clerk (House Bills) or Senate Secretary (Senate Bills)
before the start of a legislative session. (Prefiling deadline
is 10 days before a session.) (Const. Art. III, §2 (A)(2 and
Art. XIII,§1(A); and House Rules 7.2 and 7.6) (Also see
File a Bill )
President
The presiding officer
of the Senate, elected by the members.
(Const. Art. III, §7(C) and Senate Rules
3.1, 3.2, and 3.3)
Previous Question
A motion that, if
successful, closes debate and brings the House to a vote on the
question under consideration. A motion in the form of
previous question on the entire subject matter, if
successful, ends debate on the main question and requires
immediate voting on any subsidiary motion or amendments and then
on the main question. (House Rules 9.10 and 9.14(A)) (Also
see End Consideration of
Amendments)
Public Hearing
Meetings held by
committees at which members of the public, lobbyists,
legislators, and state agency representatives generally address
issues on the committee agenda.
(Const. Art. III, §15(D) and House Rules 6.9, 6.10, and 14.32)
Public Records Law
A law providing that
government records may be inspected at reasonable times, under
reasonable conditions, and under the supervision of the person
who has custody of the records. The Legislature may enact
exemptions to the law. (R.S. 44:
1 et seq.)
Quorum
The number of members
required to conduct business.
(Const. Art. III, §10(A), House Rules 4.3, 4.4, 6.3(C)(3),
14.17, and 14.36 through 14.40, and Joint Rule 8)
Quorum Call
Opening of the voting
machine for a roll call to determine whether or not a quorum is
present. (House Rule 4.5)
Rainy Day Fund
(See
Budget Stabilization Fund)
Reading of a Bill
Constitution requires
that each bill must be read at least by title on three separate
days in each house. (Const. Art. III, §15(D) and House Rules
8.9 through 8.14 and 8.16 through 8.18) (Also see
Third Reading)
Recess
An interruption or
intermission during the course of floor (or committee)
proceedings. (House Rules 9.7
and 9.14(A)(26))
Recommittal
The reassignment of
legislation to the last committee that considered it or to
another committee. House Rules require that certain instruments
be recommitted to other committees after being reported by the
committee to which initially referred.
(House Rules 6.8, 6.11, and 8.18)
Reconsideration
Permitting a vote to be
considered and taken a second time. The initial vote on any
question may be reconsidered whether the question carried in the
affirmative or negative, but the motion to reconsider must be
made by a member who voted on the side that prevailed. (Although
provided by rule, this rarely occurs in the Senate.) (House
Rules 8.28, 9.2, 9.11, 9.14(A)(16) and (17), and 11.5) (Also
see Veto)
Recuse
To withdraw from voting
so as to avoid any semblance of partiality relating to a
question in which a member believes he or she has a conflict of
interest. (House Rules 10.1,
14.9, and 14.40)
Redistricting or Reapportionment
Realignment of
boundaries of legislative, congressional, and other government
districts to reflect proper population
representation. Generally done after each 10-year federal
census. (Const. Art. III, §6)
Refer
To send any item of
legislative business to a committee.
(House Rules 6.5, 6.6, 7.2, and 14.16(B))
Referral
An assignment of
legislation to a specific standing committee for consideration
and report to the House. (House
Rules 6.5, 7.2, and 8.7)
Regular Order
The fixed schedule of
consideration of legislative instruments during the course of a
legislative day that has been established by the House Rules.
(House Rules 8.2 and 8.8) (Also see
Special Order)
Repeal
To delete and nullify a
previously established law.
Resolution
A legislative
instrument that generally is used for making declarations,
stating policies, and making decisions where some other form of
legislation is not required. A bill includes the
constitutionally-required enacting clause; a resolution uses the
term "resolved". Not subject to a time limit for introduction
nor to governor’s veto. (Const.
Art. III, §17 and House Rules 6.8, 7.1, 7.4, 8.11, and 13.1)
Concurrent Resolution
– Resolution to be considered by both
houses that can be used to express legislative intent, adopt or
change joint rules of the legislature, memorialize congress, and
request or direct a state agency to take a specified action. Can
also be used to suspend a law. (Joint Rules Nos. 3 and 20 and
House Rules 7.1, 7.2, 7.4, and 7.10) (Also see
Suspension of Law)
Joint Resolution – A proposal to
change (amend) or repeal existing provisions of or to add new
provisions to the constitution. It is designated a House or a
Senate bill, with a bill number, and requires passage by a 2/3
majority of each house to be placed on the election ballot. If
finally passed by the Legislature, it is given an act number as
well. The favorable vote of a majority of all state electors
voting on it is required for it to become effective (and a
majority of those voting in the local area if it is local in
nature). (Const. Arts. III,
§15(A) and XIII, §1, House Rule 7.1, and Joint Rule 20)
Simple Resolution – Resolution
passed by only one house that expresses an opinion or intent,
but does not have the force of law. It may also be used to
change the rules of a house. It takes effect upon adoption.
(House Rules 7.1, 7.2, 7.4,
8.11, and 13.1)
Résumé
Digest or summary
prepared by staff of all legislative instruments finally passed
– includes acts, vetoed bills, and adopted resolutions and study
requests. The digest distinguishes how the new law changes the
old. Also refers to the publication that includes all such
résumés and statistical information for the session.
Revised Statutes
The Louisiana Revised
Statutes of 1950 is the entire codified body of effective
general law aside from the Constitution, Civil Code, Code of
Civil Procedure, Code of Criminal Procedure, Code of Evidence,
and Children’s Code. New law of general application is
incorporated into the revised statutes by amending, repealing,
or enacting provisions.
"Roll Call – Vote Only Your Machines"
The announcement by the
presiding officer that legislators should push the "yes" button
on their machines to establish attendance. This is also done to
establish the existence of a quorum. No one but the legislator
is allowed to vote his/her machine.
(House Rules 4.5, 10.3, and 10.7)
Rookie-Do
To hoodwink or cheat someone, often by
failing to live up to a bargain.
Rotunda
Memorial Hall, the
vaulted entrance hall located between the lobbies of the House
Chamber and the Senate Chamber on the first floor of the
Capitol, embellished with marble walls, murals, statues, flags,
and a large bronze relief map of Louisiana.
Ruling of Chair
(See
Point of Order)
SLC
Southern Legislative
Conference. A regional legislative group operating under The
Council of State Governments that fosters and encourages
intergovernmental cooperation. Provides services primarily to
the legislative members and staff of its 16-state region.
Sergeant at Arms
Appointed officer of
the House of Representatives whose job it is to maintain order
in the House Chamber and committee rooms while in session.
(House Rules 2.11 and 2.12)
Session
The period during which
the legislature assembles and carries on its business. The
legislature meets annually in regular session.
(Const. Art. III, §§2 and 18)
Regular session – In even-numbered
years a regular session is restricted to not more than 60
legislative days within a period of 85 calendar days; in
odd-numbered years, it is restricted to not more than 45
legislative days within 60 days. The subject matter of regular
sessions in odd-numbered years is limited to specified fiscal
matters; however, a member may introduce any bill intended to
enact a local or special law or may prefile a maximum of five
bills not within the subject matter restrictions.
Extraordinary session – Such a session is limited
to not more than 30 days. There is no restriction on the number
of extraordinary sessions that can be held in one year. The
governor may call the session; the presiding officers must call
an extraordinary session if a majority of each house petition
for an extraordinary session. The call defines the subject
scope. Also called a "special session."
Organizational session – Session
held on the day legislators take office for the primary purpose
of judging the members’ qualifications and elections, taking the
oath of office, organizing the two houses, and selecting
officers. An organizational session cannot exceed three
legislative days.
Veto session – Session required by
the constitution to be held on the 40th day following final
adjournment of the most recent session to consider all bills
vetoed by the governor. Not held if a majority of either house
declare it unnecessary in writing.
Slush Fund
Appropriations made to
an agency or official for their discretionary distribution,
rather than distribution in accordance with objective standards
established by law, and often used to fund "pork barrel"
projects.
Snake
An intentionally
deceptive bill or amendment.
Speaker
The presiding officer
of the House of Representatives, elected by the members.
(Const. Art. III, § 7(C) and House
Rules 2.3, 2.4, and 2.5)
Speaker Pro Tempore
The officer of the
House of Representative whose job it is, in the absence of the
Speaker, to preside over the Chamber and, in the event of the
disability or absence of the Speaker, to assume the powers,
duties, and responsibilities of the Speaker. This office is
elected by the members. (House
Rules 2.7 and 2.8)
Special Order
The order of business
in which bills or resolutions to be considered at a specifically
fixed time rather than their regular order are placed. Used for
controversial or time-consuming bills. A bill is placed on
special order by the favorable vote of a majority of those
present and voting, provided the standing committee which
reported the bill recommends such placement.
(House Rules 8.4 through 8.6)
Sponsor
The originator of a
legislative bill or resolution. (Also see
Author)
State General Fund
(See
General Fund)
Strike Out
To delete language from
a bill or resolution.
Study Request
A legislative
instrument which requests a standing committee or committees to
conduct a study of an issue or item during the interim between
legislative sessions. A study request does not go through the
traditional approval process of other legislative instruments,
but rather is adopted if, after a specific period of time, there
is insufficient objection made to the proposed study request.
(Joint Rule No. 13)
Concurrent – A request for a study by a standing
committee of each house of the legislature.
Simple – A request for a study by a
standing committee of one house of the legislature.
Subject to Call Calendar
(See
Calendar)
Subject Matter Restrictions
Matters that can be
considered at even-year regular sessions (general matters) and
odd-year regular sessions (specified fiscal and other matters),
respectively. (Const. Art. III, §2 (A)(3) and (4); and Joint
No. Rule 20) (Also see
Session, Regular Session)
Substantive
Term applied to an
amendment that alters the substance of a bill rather than one
that makes technical changes.
Substitute Bill
A new bill recommended
by a committee to replace a bill or bills referred to it. The
committee reports the bill "by substitute" when it recommends
that the bill be substantially rewritten. Resolutions may also
be reported by substitute.
(House Rule 6.12)
Summary of Senate Amendments
A digest of the changes
proposed by Senate amendments to a House bill returned to the
House for concurrence in amendments. Also includes a summary of
the substantive Senate amendments.
Sunset
A program for
legislative review of state agencies, programs, and statutes. A
date is set for automatic repeal ("sunset") of the law creating
the agency or program unless specifically renewed by the
Legislature. Also used to indicate a termination date for an act
or a single provision of law. (R.S.
49:190 et seq.)
Sunshine Bill
Legislation that deals
with open meetings and public record laws.
Suspension of Law
Also referred to as
"suspense resolution". The legislature may suspend a law for a
restricted period of time by adoption of a concurrent
resolution, and, as such, the resolution has the effect of law.
It is not subject to the governor’s veto.
(Const. Art. III, §20, House Rule 8.11,
and Joint Rules Nos. 3 and 20)
Suspension of Rules
Also referred to as
"rule suspension". A motion to temporarily negate the
application of a provision of the Rules of Order of the House to
the proceedings. Often adopted without a formal motion and vote;
if objected to, requires favorable vote of two-thirds of the
members present and voting to pass. (House Rule 13.2)
Tabled
A bill is tabled (and
usually dead) upon adoption of a motion by majority vote to "lay
on the table." As a parliamentary maneuver, it is an alternate
way to kill a bill. Used only for House bills. Equivalent motion
on a Senate Bill is "to indefinitely postpone". Motions can also
be tabled (such as the motion to reconsider the final passage of
a bill). It takes a 2/3 vote of those present to call a bill (or
motion) from the table. (House
Rules 9.5, 9.8, 9.9, 9.11, and 9.14(A)(5) and (12))
Task Force
A special group
authorized to study a particular issue and report back to the
Legislature. Its members may include legislators appointed by
the legislative leadership and citizens from designated groups
or associations.
Technical
Nonsubstantive,
especially when applied to an amendment.
Third Reading
The regular advancement
of a bill once it has been reported by a committee and ordered
engrossed by the House. Bills that have advanced to third
reading will be considered on final passage in their regular
course. (House Rules 8.14, 8.16 and 8.17) (Also see
Reading of a Bill)
Title
(1) A concise statement
appearing at the beginning of a bill which is indicative of the
object of the bill as required by the constitution and embraces
the significant aspects of the subject content of the bill.
(Const. Art. III, §15(A) and
House Rule 7.4)
(2) The largest
subdivision of the Louisiana Revised Statutes. The
revised statutes are comprised of Titles 1 through 56.
Veto
Governor’s disapproval
of an enrolled bill. Has the effect of killing the bill unless
the legislature subsequently votes to override the governor’s
action by a 2/3 vote of each house. (Const. Art. III, §18 and
Art. IV, §5(G) and House Rule 8.28) (Also see
Session, Veto Session)
Item veto – Power exercised by the
governor to veto specified items (single appropriations) of an
appropriation bill, although signing the remainder of the bill
into law. (Const. Art. IV,
§5(G))
Vote
Record vote
– A formal roll call of a house or committee of the legislature
in which each member’s vote (yea or nay or abstention) on a
motion is recorded (manually or electronically). Such vote is
also recorded in the committee records and minutes and, in the
case of floor action, in the Journal of the House
or Senate. Certain votes are required to be record votes.
(Const. Art. III, §§10(B) and 15(G) and
House Rules 4.5, 6.22(B), 10.9, 12.2, and 14.43)
Voice vote (viva voce) – A
vote taken orally or electronically in which the vote of each
member is not permanently recorded. Response is given to the
clerk calling the roll (or on the voting machine) in the form of
yea or nay, with only the overall totals being recorded in the
House or Senate Journal. All roll call votes in
committee are record votes. Election of the Speaker, the Speaker
Pro Tempore, and the Clerk is conducted by voice vote.
(House Rules 2.3 and 2.4)
Vote to Reconsider
(See
Reconsideration)
Weekly Committee Schedule
A written announcement
of a standing committee's activities for the upcoming session
week. Includes the time, location, and matters to be considered
at each of the committee's meeting days. A rule suspension is
required to change this schedule, including adding a legislative
instrument to be considered.
(House Rule 14.23)
Well of the House
The open area of the
House floor, located between the House Desk and the first row of
the members' desks, that contains the podium from which members
address the House. (House Rule
1.2, Diagram)
Withdraw
A motion to remove an
amendment, a motion, or a bill from consideration. Must be made
by the proposer. (House Rules
9.2 and 9.14(A))
"Without Objection"
A phrase used by the
presiding officer during session to indicate that he or she is
disposing of a matter without taking a roll call vote of the
members because a record vote is not required and no member has
voiced an objection. It is understood that the action taken is
approved unanimously by the members present.
Yield
Formally, one
legislator relinquishing the floor to another to speak during
debate; or informally, pausing during speaking to allow another
to ask a question.
Abbreviations Commonly Used
|
Legislative
Instruments/Documents
CA Constitutional
Amendment
CCR Conference
Committee Report
HB House Bill
HCA House Committee
Amendment
HCR House Concurrent
Resolution
HCSR House Concurrent
Study Request
HFA House Floor
Amendment
HR House Resolution
HSR House Study
Request
SB Senate Bill
SCA Senate Committee
Amendment
SCR Senate Concurrent
Resolution
SCSR Senate Concurrent
Study Request
SFA Senate Floor
Amendment
SR Senate Resolution
SS Summary of Senate
Amendments
House Committees/Division
H&GA Committee on
House
& Governmental Affairs
MPCA Committee on
Municipal,
Parochial & Cultural Affairs
R&I Resource &
Infrastructure
Division
State Departments/Agencies
AG Attorney General
BESE Board of
Elementary &
Secondary Education
CRT Department of
Culture,
Recreation & Tourism
DAF Department of
Agriculture
& Forestry
D of A Division of
Administration
DCRT Department of
Culture,
Recreation & Tourism
DED Department of
Economic
Development
DEQ Department of
Environmental
Quality
DHH Department of
Health &
Hospitals
DOI Department of
Insurance
DOJ Department of
Justice
DOL Department of
Labor
DOTD Department of
Transportation
& Development
DPSC Department of
Public Safety& Corrections
DSS Department of
Social Services
State Departments/Agencies
(cont.)
EPA Environmental
Protection Agency (U.S.)
FCC Federal
Communications Commission (U.S.)
JDC Judicial District
Court
LCTCS Louisiana
Community & Technical College System
LGCB Louisiana Gaming
Control Board
OMV Office of Motor
Vehicles
OYD Office of Youth
Development
PSC Public Service
Commission
ULS University of
Louisiana System
LSLI Louisiana State
Law Institute
Laws and Bodies of Law
ADA Americans with
Disabilities Act
APA Administrative
Procedure Act
CC Civil Code
CCP Code of Civil
Procedure
CCrP Code of Criminal
Procedure
CE Code of Evidence
ChC Children’s Code
RS Revised Statutes
UCC Uniform Commercial
Code
Miscellaneous
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