State And Local Government In Louisiana: An Overview

Chapter 1 – Organization of State GovernmentPart A. The Legislative Branch . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1A-1Legislative Powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Terms, Vacancies, and Temporary Successors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Sessions of the Legislature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Continuous Body . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .The Governor and the Legislature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Additional Information About the Legislature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Table: Annual Regular Legislative Session - Key Constitutional Provisions . . . . . . . . . .1A-11A-11A-11A-21A-21A-31A-31A-31A-4

State and Local Governmentin Louisiana: An Overview2012-2016 TermCHAPTER 1 — ORGANIZATION OF STATE GOVERNMENTPart A. The Legislative BranchLegislative Powershe Constitution of Louisiana establishes the legislative branch as one of the threebranches of state government, vests it with the legislative power of the state, and providesthat it consists of the Senate and the House of Representatives. Subject to limitationsprovided by the federal and state constitutions, the legislature is responsible for determininggeneral policy for state government and the state’s residents by the enactment of laws. Thelegislature and its committees also have the power to gather information and makeinvestigations needed to enact laws. (Const. Art. II, §1 and Art. III, §1(A))TLegislative responsibility does not end with enactment; the legislature has an obligation to assurethat legislative policy and intent are carried out by the executive branch. Therefore, oversightof the actions of the executive branch in administering state programs is another traditionallegislative power. Two common ways the legislature exercises such oversight are hearings inwhich agency personnel and others discuss the implementation of the law and committee reviewof administrative rules proposed by executive branch agencies.MembersThe constitution sets the maximum number of senators at 39 and the maximum number ofmembers of the House of Representatives at 105. (Const. Art. III, §3) Currently both housesare composed of the maximum number of members. The constitution requires single-memberlegislative districts; that is, each member of each chamber represents a separate district. (Const.Art. III, §1) The representation in both houses is based on population in accordance with stateconstitutional mandate and U.S. Supreme Court decisions. The legislature is required to redrawits districts by the end of the year following a decennial census year. (Const. Art. III, §6)Terms, Vacancies, and Temporary SuccessorsLegislators are elected for four-year terms. Anyone who has been elected to serve more thantwo and one-half terms in three consecutive terms may not be elected to the succeeding termin the same house. (Const. Art. III, §4(E))A legislative vacancy may be filled only for the remainder of the term during which it occurredand only by election of the voters of the district in which the vacancy occurred. (Const. Art.III, §4(D))The state constitution and state law adopted pursuant to the constitution provide for anappointed, temporary member to succeed to the powers of an elected member who is orderedto active duty in the U.S. armed services. (Const. Art. III, §4(F); R.S. 24:77.1 et seq.)Organization of State Government, The Legislative Branch 1A-1

OfficersThe officers of each house of the legislature are elected at the beginning of each term to servefor the term. The House of Representatives elects from among its members a speaker andspeaker pro tempore. It also elects its chief clerical officer, the clerk of the House, who is nota member. The Senate elects its presiding officer, the president of the Senate, from among itsmembership and also elects a president pro tempore from its membership. It selects its chiefclerical officer, the secretary of the Senate, who is not a member of the Senate. The rules of therespective houses provide for such elections. (Const. Art. III, §7(C); R.S. 24:501 et seq.; HouseRules 2.1 - 2.10; Senate Rules 3.1-3.11)The rules of the respective chambers also provide for a sergeant at arms. The sergeant at armsof the House of Representatives is appointed by the speaker and serves at his pleasure. TheSenate's sergeant at arms is elected by the senators. (House Rule 2.11; Senate Rule 3.8)Sessions of the LegislatureThe constitution requires that an organizational session be convened on the day the memberstake office (the second Monday in January after the quadrennial election). Organization of thetwo houses, including selection of officers, is the major purpose of an organizational session.Resolutions and rules can be adopted, but no matter intended to have the effect of law may beintroduced. Such a session cannot exceed three legislative days. (Const. Art. III, §2(D)) Alegislative day is a calendar day on which either house is in session. (Const Art. III, §2(A)(1))The state constitution provides that the legislature shall meet in regular annual sessions asfollows: Even-numbered years: Convene at noon on the second Monday in March for not morethan 60 legislative days within 85 calendar days. During such sessions, the legislature mayconsider legislation on almost any topic except certain matters related to state taxes. Odd-numbered years: Convene at noon on the second Monday in April for not morethan 45 legislative days within 60 calendar days. During such sessions, the legislature mayconsider various fiscal matters, including tax issues that are prohibited during evennumbered year sessions, and most local issues. The legislature may also consider othermatters during such sessions, but bills dealing with other matters must be prefiled, and amember may prefile not more than five such bills.The table on page 1A-4 summarizes constitutional provisions applicable to regular legislativesessions and discusses the differences between sessions in even-numbered years and those inodd-numbered years.Extraordinary sessions, commonly referred to as special sessions, may be convened by thegovernor at other times. Also, an extraordinary session is called by the presiding officers of thelegislature if a petition signed by a majority of the members of each house requests them to doso. An extraordinary session is called by issuance of a proclamation which states the date onwhich it will convene, its maximum duration, and the objects on which legislation may beconsidered. (Const. Art. III, §(2)(B))The constitution also requires that the legislature meet in a veto session after any regular orextraordinary session unless a majority of the members of either house declare in writing thata veto session is unnecessary. (Const. Art. III, §18(C))1A-2 Organization of State Government, The Legislative Branch

Continuous BodyThough the legislature is not always in session, the constitution provides that the legislature isa continuous body during the time for which its members are elected. (Const. Art. III, §1(B))Thus, legislative rules continue to be effective even when the legislature is not in session, andstanding committees of the legislature have authority to conduct studies and hearings during theinterim between sessions.The Governor and the LegislatureThough the executive branch is separate and distinct from the legislative branch, the governorexercises certain powers that affect the legislature. In addition to calling extraordinary sessions,as discussed above, the constitution directs the governor, at the beginning of each regularsession and at other times, to make reports and recommendations and to give information tothe legislature concerning “the affairs of state, including its complete financial condition.” Italso requires that he submit to the legislature an operating budget and a capital budget for eachfiscal year. (Const. Art. IV, §5) The governor may veto any item in an appropriation bill andany bill passed by the legislature, except proposed constitutional amendments. The legislaturecan override a gubernatorial veto with a two-thirds vote of both houses. (Const. Art. III, §18and Art. IV, §5)Additional Information About the LegislatureAs suggested by the title of this publication, this Part is not intended as a comprehensive reviewof legislative organization and procedure; rather, it provides an overview of the legislature. Aseparate publication, "Orientation Guide for Louisiana House Members", provides detailedinformation concerning the legislative branch.The rules governing House procedure are contained in a body of rules officially adopted by theHouse of Representatives. These rules remain continuously in effect and are subject toamendment by the House as provided in the rules. They are published in a separate publication,"Rules of Order of the House of Representatives". The rules, together with the stateconstitution, comprise the major primary sources for specific information about the powers andfunctions of the legislature and its officers, as well as legislative organization and procedure.In addition to the publications discussed above, the "Quick Guide to Committee Procedure inthe Louisiana House of Representatives" and "Quick Guide to Floor Procedure in the LouisianaHouse of Representatives" provide practical, detailed information about House procedure.They include examples of the actual language used in making motions and in otherparliamentary practice.Organization of State Government, The Legislative Branch 1A-3

Annual Regular Legislative Sessions Key Constitutional ProvisionsProvisionRegular SessionsEven-Numbered YearsRegular SessionsOdd-Numbered YearsWhen session con- Noon, second Monday in MarchvenesNoon, second Monday in AprilMaximum sessionlength60 legislative days in 85 calendardays45 legislative days in 60 calendar daysSubject matterlimitationsProhibition on introducing or enactingany measure levying or authorizing anew tax or a tax increase by the stateor by a statewide political subdivisionor legislating with regard to state taxexemptions, exclusions, deductions, orcreditsProhibition on introduction or considerationof measure having effect of law (includingsuspension) unless its object is to enact ageneral appropriations bill; enact the comprehensive capital budget; make an appropriation; levy or authorize a new tax; increasean existing tax; levy, authorize, increase,decrease, or repeal a fee; dedicate revenue;legislate with regard to tax exemptions,exclusions, deductions, reductions, repeals,or credits; or legislate with regard to theissuance of bonds. Restrictions do not applyif: (1) The matter is prefiled by the prefilingdeadline (this exception is limited to fivesuch matters per member per session); or (2)The object of the matter is to enact a local orspecial law which is required to be and hasbeen advertised in accordance with Const.Art. III, Sec. 13 and is not prohibited byConst. Art. III, Sec. 12Number of billsmember may introduceUnlimited, except no more than five bills after prefiling deadline 1Deadline for prefiling of bills (exceptconstitutionalamendments)5 p.m. on the 10th calendar day prior to 1st day of sessionDeadline for bill 6 p.m. of the 23rd calendar day; bill 6 p.m. of the 10th calendar day; billintroduction (except introduction after deadline not introduction after deadline not permittedc o n s t i t u t i o n a l permittedamendments)Deadline for constitutional amendmentsNoon on the 10th day prior to the 1st day of session; introduction duringsession not permittedDeadline for 3rd 6 p.m. of 57th legislative day or 82nd 6 p.m. of 42nd legislative day or 57thR e a d i n g / F i n a l calendar day, whichever occurs first calendar day, whichever occurs first (exceptPassage(except by 2/3 vote of both houses)by 2/3 vote of both houses)Latest time foradjournment sinedie6 p.m. on 85th calendar day or 6 p.m. on 60th calendar day or midnight onmidnight on 60th legislative day, 45th calendar day, whichever occurs firstwhichever occurs first1Joint Rule No. 18 provides that the following bills are not subject to five-bill limit: general appropriation bill;judicial branch appropriation; legislative branch appropriation; capital outlay bill; omnibus bond authorization bill;supplemental appropriations bill; revenue sharing bill; ancillary funds bill.1A-4 Organization of State Government, The Legislative Branch

Chapter 1 – Organization of State GovernmentPart B. The Judicial Branch . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1B-1Judicial Branch Overview . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1B-1State Courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Supreme Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Courts of Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .District Courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1B-11B-11B-21B-4Courts of Limited and Specialized Jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Juvenile Courts/Family Courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Parish Courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .City Courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Municipal and Traffic Courts of New Orleans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Justice of the Peace Courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1B-41B-41B-51B-51B-51B-6Issues Concerning the State Judiciary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Funding of State Courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Court Costs and Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Creation of New Courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Redistricting/Minority Subdistricts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Judicial Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Judicial College . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Judicial Misconduct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Emergency Sessions of Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Case Management Information System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1B-61B-61B-61B-61B-71B-71B-81B-81B-81B-8Table: Louisiana Court Structure - Supreme Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1B-9

State and Local Governmentin Louisiana: An Overview2012-2016 TermCHAPTER 1 — ORGANIZATION OF STATE GOVERNMENTPart B. The Judicial BranchJudicial Branch Overviewrticle V of the Louisiana Constitution establishes the judicial branch of stategovernment. The judicial power of the state, which is the power to interpret theconstitution and the laws of this state, is vested in a system of courts including thesupreme court, courts of appeal, district courts, and courts of limited or specialized jurisdiction,which include family, juvenile, parish, city, municipal, traffic, justice of the peace, and mayor'scourts. In the Louisiana court structure, there are five courts of appeal, 42 district courts, fivefamily or juvenile courts, 50 city courts, and three parish courts. (See the "Louisiana CourtStructure" chart on page 1B-9.)AIn Louisiana, judges are elected by the voting electorate of their districts. Other states havevarying methods of selecting judges. In some states, judges are nominated by a judicial selectioncommittee and are appointed either by the governor or the legislature.State CourtsSupreme CourtThe supreme court is Louisiana's highest court and is domiciled in the city of New Orleans.The state constitution requires that the state be divided into at least six supreme court districtsand that at least one judge be elected from each district (Const. Art. V, §4). Currently, Louisianais divided into seven supreme court districts (See R.S. 13:101 and 101.1) (See the map on thenext page). The supreme court is composed of a chief justice and six associate justices, four ofwhom must concur to render judgment (Const. Art. V, §3).The supreme court has the following jurisdiction: General supervisory jurisdiction over all other courts. Exclusive original jurisdiction of disciplinary proceedings against a member of the bar. Appellate jurisdiction over any case in which a law or ordinance has been declaredunconstitutional. Appellate jurisdiction over any case in which the defendant has been convicted of a capitaloffense and a penalty of death actually has been imposed. Appellate jurisdiction over all issues involved in a civil action properly before it.Organization of State Government, The Judicial Branch 1B-1

The scope of review of the supremecourt in civil cases extends to both lawand facts, and in criminal cases itsappellate jurisdiction extends only toquestions of law (Const. Art. V, §5). Inaddition, the supreme court has soleauthority to provide by rule forappointments of attorneys as temporaryor ad hoc judges of city, municipal,traffic, parish, juvenile, or family courtsand may esta

appropriate balance between the taxing authority of the state government and of local governments continue to be important ones. (See "Chapter 3, Part C. Local Government Finance" beginning on page 3C-1.) This is but a brief outline of the topics discussed in this overview of State and Local Government in Louisiana.