Bill To Law: Louisiana's Unique Legislative Process

The process of a bill becoming a law in Louisiana involves several steps and can change as it goes through the legislative process. The Louisiana Legislature, composed of the House of Representatives and the Senate, meets annually for lawmaking purposes. Bills are legislative instruments proposed by legislators to change or enact new laws, repeal existing laws, or propose changes to the constitution. Once a bill is filed and the legislative session begins, it undergoes a journey that includes committee hearings, full-chamber debates, and votes before advancing to the governor for approval or veto. The public can engage by providing in-person comments at the Capitol during designated steps, and proceedings are also streamed live online.

Pre-filing

Prefiling

The pre-filing stage is the first step in the legislative process, where a bill is drafted and proposed by a legislator. This process occurs before the legislative session begins and involves several key steps:

Drafting the Bill

Legislators work with their staff and legal teams to research, outline, and draft the bill. This includes defining the purpose and scope of the proposed legislation, considering existing laws, and determining the specific changes or additions to be made.

Choosing the Bill Type

In Louisiana, there are eleven different types of bills that can be introduced. These include House Bills, Senate Bills, Concurrent Resolutions, Concurrent Study Requests, and more. The choice of bill type depends on the nature of the proposed legislation and the chamber of introduction (House of Representatives or Senate).

Following Submission Guidelines

There are specific rules and guidelines for introducing bills in the Louisiana Legislature. These guidelines include limits on the number of bills each legislator can introduce, the timing of bill introductions, and the subject matter of the bills. Legislators must adhere to these guidelines to ensure their bills are eligible for consideration.

Gaining Support

Before formally introducing the bill, legislators often build support among their colleagues, stakeholders, and the public. They may engage in discussions, lobbying, and advocacy work to explain the purpose and benefits of their proposed legislation. This step is crucial for gaining the necessary votes and support to move the bill forward.

Finalizing the Bill Text

Once the bill is drafted, legislators review and finalize the bill text, ensuring it accurately reflects their intended policy changes. This includes incorporating feedback and suggestions from colleagues and legal experts. The bill must be clear, concise, and compliant with legislative formatting and language requirements.

Submission and Publication

After the bill is finalized, it is formally submitted and filed with the appropriate legislative body. The bill is then published and made available to the public, allowing citizens to review and provide feedback on the proposed legislation. This transparency ensures that constituents are informed and engaged in the legislative process.

Committee hearings

During a committee hearing, the committee members can propose and make amendments to the bill. This is a significant step, as it allows for expert input and a more nuanced consideration of the bill's implications. Committees may also hear testimony from experts, stakeholders, and members of the public, either in person or via written submissions. This provides an opportunity for the public to have their say and influence the legislative process.

Once the committee is satisfied with the bill, or a deadline is reached, the committee votes on whether to send the bill, along with any amendments, to the full chamber. This is a critical juncture, as a negative vote here could effectively kill the bill. If the committee approves the bill, it proceeds to the next stage of the process, the full chamber debate.

In the Louisiana legislative process, a bill undergoes two committee hearings, one before each of the two full chamber debates. This provides an additional opportunity for amendments and ensures that the bill is thoroughly vetted before proceeding to the next stage.

Floor debate and voting

Once a bill has been assigned to a committee and amendments have been made, it is sent to the full chamber for debate. The full chamber consists of all members of the Louisiana Legislature, which is made up of the House of Representatives and the Senate. During the floor debate, legislators discuss the merits of the bill and propose further amendments. This is a crucial stage in the legislative process, as it allows for robust discussion and input from all elected officials.

The debate process can vary depending on the bill and the chamber's rules, but it typically involves legislators speaking for or against the bill, asking questions, and offering amendments. It's important to note that the public can attend these debates in person, providing an opportunity for citizens to witness the legislative process firsthand. Additionally, the proceedings are streamed live online for those who cannot attend in person.

After the debate, the chamber votes on whether to pass the bill, with amendments, to the next stage. This vote is a key indicator of the bill's support within the chamber. Each legislator casts their vote, and the bill must receive a simple majority to pass. In the case of a tie, the bill's fate may depend on the chamber's specific rules or the presiding officer's decision.

If the bill fails to receive a majority vote, it is defeated and typically cannot be reconsidered during the same legislative session. However, the bill's proponents may introduce a similar bill in the next session or try to negotiate and make changes to gain more support. On the other hand, if the bill passes the full chamber, it moves on to the next stage of the legislative process.

The full chamber vote is a significant milestone, as it indicates the bill's ability to advance further. At this point, the bill has undergone scrutiny and debate, and a majority of legislators have shown their support. However, there are still several steps before a bill becomes a law, including additional committee hearings, another full chamber debate, and, ultimately, the governor's approval.

House and Senate concurrence

The Louisiana Legislature is composed of two chambers: the House of Representatives and the Senate. For a bill to become a law, it must pass through both of these chambers. This is where the concept of House and Senate concurrence comes into play.

When a bill is introduced into one of the chambers, it goes through a series of committee hearings and full chamber debates, as outlined in the previous section. Amendments can be made at these committee hearings and during the full chamber debates. The bill must be passed by a majority vote in the first chamber to move on to the next step.

If the bill passes the first chamber, it then goes through the same process in the second chamber. Again, there are opportunities for amendments and debates, and the bill must be passed by a majority vote.

If the bill passes both chambers without any changes, it is then considered to have been concurred by both the House and the Senate. However, if amendments are made in the second chamber, the bill must go back to the first chamber for approval of those changes. This process of going back and forth between the chambers is known as "concurrence."

The bill must be passed in its final form by both chambers for it to move on to the next step, which is reconciliation. This process ensures that both the House and the Senate are in agreement on the content of the bill before it can become a law.

Governor's action

Once a bill has been passed by the House and the Senate, it is submitted to the governor for approval or veto. The governor has three options: they can sign the bill, veto it, or take no action. If the governor signs the bill, it becomes a law. If the governor vetoes the bill, it will die unless two-thirds of both chambers vote to override the veto during a veto session. A veto session is extremely rare and has not occurred in Louisiana in the last 39 years. If the governor takes no action, the bill will automatically become a law without their signature. This is known as a "pocket veto".

The governor's role in the legislative process is crucial, as they have the power to either support or reject proposed legislation. In Louisiana, the governor also has the power to convene an Extraordinary or Special Session of the legislature for any reason, as seen in 2018 when three such sessions were held, all related to taxes and revenue-raising measures.

The governor's signature is required for a bill to become an Act, which is the final step in the legislative process. An Act is a bill that has been passed by both the House and the Senate, enrolled, signed by the legislative presiding officers, and the governor (or allowed to become law without their signature), and is then assigned an Act number by the secretary of state.

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