Louisiana. Constitutional Convention (1973).

Records of the Louisiana Constitutional Convention of 1973 (Volume 4) online

. (page 57 of 65)
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of the committee, all persons who have filed written requests 32
for notice with the Secretary, and to all members of the Con- 33
vention who have introduced proposals on the subject matter 34

to be considered. The committee hearing shall not be scheduled 35
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less than four days from the date of notice to the Secretary.
This rule shall apply only when the convention is not in
session.

B. Committee and sub-committee meetings while the
Convention is in session may be called by the chairman or
by a majority of the Convention members upon twenty-four hour
notice given by announcement from the floor of the Convention
and by posting the notice thereof on a designated bulletin
board in the vicinity of the floor of the Convention at least
twenty-four hours before such meeting.

Rule No. 63. Sub-committees . A committee, by the affir-
mative vote of the majority of its members, may provide for
the appointment by the committee chairman of sub-committee
composed of members of the comnittee. Reports of sub-com-
mittees shall be considered by the entire committee before
any committee recommends any action thereon by the Convention.
All rules applicable to committees shall be applicable to
sub-connni ttees .

Rule No. 64. Records . All written records and reports
of committees of the Convention shall be subject to provi-
sions of the Public Records Act.

Committee of the Whole

Rule No. 65. Procedure . The Convention by a majority
vote of the delegates present and voting may resolve itself
into a Committee of the Whole for a specified time and pur-
pose. The motion of the Committee of the Whole shall
specify the maximum time during which the Committee shall
sit.

A. The chairman shall designate a delegate to serve as
chairman of the Committee of the Whole. The rules of pro-
cedure of the Convention shall apply insofar as applicable,
except that delegates may speak more than once unless the
chairman imposes limits on debate, actions will be governed
by a majority of those present and voting, matters cannot
be referred to other committees, no question may be laid
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on the table, the previous question cannot be ordered, and
motions to adjourn will not be entertained.

B. Proposals in the Committee of the IVhole shall be
read through, debated and acted upon by sections. All
amendments shall be in writing and reported to the Convention
by the chairman.

C. A motion that the Committee of the Whole rise shall
always be in order unless a delegate is speaking or a vote
is being taken. The motion Is not debatable and shall be
decided by a majority vote of those present and voting.

CHAPTER 6
Transaction of Business



Daily Business
Rule No. 65. Order . The daily business of the Conven-
tion shall proceed as follows :

Morning Hour

1. Roll call.

2. Prayer,

3. Reading and adoption of Journal.

4. Petitions, Memorials , and Communications .

5. Introduction of resolutions.

6. Report of Committees .

7. Proposals on Introduction and First Reading.

8. Resolutions on Second Reading and Referral.

9. Proposals on Second Reading and Referral.

10. Reports of Committees Lying Over.

11. Reconsideration

Regular Order of the Day

12. Unfinished Business.

13. Special Order.

lA. Resolutions on Third Reading and Final Passage.

15. Proposals on Third Reading and Final Passage.

16. Proposals on calendar for approval of final styling.
Rule No. 67. Change In D a lly Order . The order of dally

business set forth in the above rule shall be adhered to
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1 unless the consent of the Convention shall be otherwise glv

2 by majority vote of the delegates present.

3 Rule No. 68. Time of Committee Referral . Where appro-
A priate, all petitions and memorials shall be referred to th

5 proper committees by the chairman as soon as read, where

6 reference may be necessary or is requested by a delegate.

7 Rule No. 69. Privileged Motions . When a question is

8 under debate, no motion shall be received except:

9 1. To fix the time to which to adjourn.

10 2. To adjourn.

11 3. To take a recess .

12 A. To call for the Orders of the Day.

13 5. To lay on the table.

lA 6. For a Call of the Convention.

15 7. To limit debate.

16 8. To move the previous question on the entire subject

17 matter.

18 9. To move the previous question.

19 10 . To postpone to a day certain.

20 11 . To commit , refer , or recommit .

21 12. To amend.

22 13. To postpone indefinitely.

23 The motions listed in this rule shall take precedence In
2A the order which they stand arranged. All of them shall be

25 decided by the affirmative vote of a majority of those pres

26 ent and voting, except that a motion for the previous ques-

27 tion and the previous question on the entire subject matter

28 shall require a vote of two-thirds of the delegater,

29 present and voting, and a motion to pos tpone indefinitely

30 requires the affirmative vote of a majority of all delegate

31 to the Convention. When a recess is taken while a question

32 is pending, consideration of such question shall be resumed

33 when the Convention reassembles, unless it determines

3A otherwise. No motion to postpone to a day certain, or to

35 commit, having been decided by the Convention, shall again

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[400]



be In order on the sane day or at the sane stage of the
question. Whenever a proposal is being considered and a
motion is then made, either to postpone Indefinitely or to
connnit, any pending amendments to the proposal shall first
be in order before any vote is taken on any such motion.

Rule No. 70. Motions Not Debatable . A motion to adjourn
is always in order except when a motion to fix the time to
which to adjourn, or a motion to amend the calendar and
agenda, is pending. A motion to adjourn, a motion to lay
on the table, a motion for recess pending the consideration
of other business and all matters relating to questions of
order shall be decided without debate.

Rule No. 71. Withdraval . Any motion may be withdrawn
by the mover at any time before decision, amendment or
ordering of the yeas and nays, except a motion to reconsider,
which may not be withdrawn without consent of the Convention.

Rule No. 72. Format of Motions and Seconds . Motions
shall be presented in the following manner :

A. No motion listed in Rule No. 69 need be in writing.
Where a motion is In writing the delegate shall attach his
or her name hereto before it is received by the Chairman or
read by the Secretary, or before it is debated. If debate
is in order.

B. No motion need be seconded.

Rule No. 73. Motion for Reconsideration . Any member
may move for a reconsideration of any ques tion at the same
session of the Convention or the next succeeding session.
The Committee on Style and Drafting may move for reconsider-
ation on any subsequent day if one session day's notice of
Its Intention to do so is given in writing to the Secretary
and is entered upon the Journal. A motion to reconsider
shall be taken up In its regular order and shall be decided
upon by a majority vote of those members present and voting.

A motion to reconsider shall not be renewed on the same
day.

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1 Rule No. m. Notion to Call from the Table . A motion

2 which has been laid on the table shall be called from the

3 table only by the affirmative vote of two-thirds of the

4 delegates to the Convention.

5 Rule No. 75. Division of a Question . Any delegate

6 may call for a division of the question, which shall be

7 divided If it includes propositions which are so distinct

8 In substance that, when one is removed or deferred, a sub-

9 stantive proposition remains for the decision of the Con-

10 vention. A motion to strike out and insert shall not be

11 subject to division within the meaning of this rule. No

12 section of a proposal may be divided. The limits on debate

13 as set forth in Rule No, 30 of these rules shall apply to
\k the debate on each division of a question.

15 Rule No. 76. Previous Question . A. Previous question.

16 This undebatable motion is applicable only to the pending

17 amendment, or amendments, if more than one amendment is under

18 discussion; and it shall be admitted when ordered by a

19 favorable vote of two-thirds of the delegates present and

20 voting, and when carried Its effect shall be to put an end

21 to the debate and bring the Convention to a vote on the

22 pending amendments only, without prejudice to further debate

23 on, or subsequent amendments to, the main question. If

24 there has been any discussion on the amendments, the pro-

25 ponent, or a delegate designated by him, shall have the

26 right to close, even after the previous question is ordered,

27 which closing speech shall be limited to fifteen minutes.

28 B. Previous question on the entire subject matter. It

29 shall only be admitted when ordered by a favorable vote of

30 two-thirds of the delegates present and voting, and when

31 carried, its effect shall be to put an end to all debate,

32 and bring the Convention to a direct vote —

33 (1) Upon the pending amendment and so on back to the

34 first amendment offered;

35 (2) Upon amendment reported by a committee, If any;

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[401]



1 and,

2 (3) Upon the main question. But in all questions

3 involving length of time, amount of interest, questions of

4 quantity, and similar questions, such questions involving

5 the longest time, the largest interest or quantity shall

6 be put first regardless of the order in which motions,

7 amendments or substitutes, may have been made.

8 On a motion for the previous question on the entire

9 subject matter, and prior to the ordering of the same, a call

10 of the Convention shall be in order; but after the Convention

11 shall have ordered such motion no call shall be in order

12 prior to a decision of the main question. On a motion for

13 the previous question on the entire subject matter, there

14 shall be no debate. All incidental questions of prder,

15 arising after a motion is made for the previous question on

16 the entire subject matter, and pending such motion, shall be

17 decided whether on appeal or otherwise, without debate. After

18 a call for the previous question on the entire subject matter

19 has been sustained, the question shall be put and determined

20 in order as above, without debate on either amendments or the

21 main question, provided that the proponents of the amendments

22 and measure, or a delegate designated by him, shall respec-

23 tively have the right to close the debate, after the previous

24 question on the entire subject matter is ordered, which

25 closing speechs shall be limited to a total of fifteen

26 minutes.

27 Rule No. 77. Adjournment and Recess . A motion to adjourn

28 or recess shall always be in order, except when, on a call

29 for the previous question and previous question on the entire

30 subject matter, the question si;-"" have been ordered, or

31 when a delegate has the floor, and shall be decided without

32 debate.

33 yAg.^- . ^ s^A ^. ^ .y.^-

3A Rule No. 78. Voting after Decision is Announced . When

35 the Yeas and Nays are taken on any question, no delegate

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1 shall be permitted, under any circumstances wliatever, to

2 vote after the decision has been announced by the chairman.

3 The names of absentees on all calls of the yeas and nays

4 shall be placed on a separate list.

5 Rule No. 79. Explanation of Vote . No delegate shall be

6 permitted to explain his or her vote except as hereafter pro-

7 vlded. Any delegate may explain his or her vote in writing

8 or reasons for not voting in writing and request that such

9 explanation be made part of the record.

10 Rule No. 80. Tie Votes . When the Convention Is equally

11 divided, the decision of the chairman shall be taken to break

12 the tie, provided that the chairman, in this event, shall

13 not have previously voted as a delegate on the question.
1^ Rule No. 81. Recording the Vote . On the passage on

15 third reading of every proposal, section, or article the yeas

16 and nays shall be entered in the Journal, and no proposal,

17 section, or article shall be declared passed unless a majority

18 of all the delegates to the Convention shall have voted in

19 favor of the passage of same.

20 Special Orders

21 Rule No. 82. Consent . No proposal, resolution or other

22 subject shall be made a special order for a particular day

23 without the consent of two- thirds of the delegates present.
2^ Rule No. 83. Precedence . When two or more subjects

25 shall have been specially assigned for consideration, they

26 shall take precedence according to the order of time for

27 which they were severally made or assigned, and said orders

28 shall at no time be lost or changed except by dlrettion of

29 the Convention.

30 Rule No. 84. Change In Rules . Any standing rule of

31 the Convention may be rescinded, altered, or amended in the

32 following manner: notice shall be given in writing of the

33 motion therefore, which motion shall be referred Immediately

34 by the chairman to the Committee on Rules, which shall file

35 Its report to the Convention within twenty-four hours of

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receipt of the motion. Two days after the filing of the
proposed change, the motion shall be cDnsldered by the
Convention with or without the report of the Comraittee on
Rules, and for passage shall require a vote of a majority
of the delegates to the Convention.

Rule No. 85. Suspension of Rules . One or more rules
may be suspended for a specified purpose by the affirmative
vote of two-thirds of the delegates present and voting or
a majority of delegates to the Convention, whichever consti-
tutes the lesser number.

Rule No . 86 . Consideration of Proposals without Com -
mittee Recomrcndation . After one day's notice the Conven-
tion, on motion passed by the affirmative vote of a majority
of the delegates present and voting, may require a committee
to return, with or without a recommendation, any proposal
referred to the committee.

Rule No. 87. Notice . Whenever notice is required to
be given by these rules, the following shall constitute
notice:

(a) If the Convention is in session, an announcement
made by the Secretary in open session shall constitute
notice for all purposes.

(b) If the Convention is not in session, the Secretary
shall give notice to the delegates by U. S. Mall, certified,
postage prepaid. The date of mailing said notice shall
constitute the date of the notice for all purposes under
these rules .

Rule No. 88. Authority . On any question of order and
parliamentary practice, when these rules are silent or In-
explicit, Mason's Manual of Legislative Procedure shall be
considered authority.



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RUI.F.S COM>IITTF.E RESOI-UTTON ^

Bcfoi-o lobliyinj; for defeat or i>ass.ii',c of proposals before tin-
Convrnt ion , i t .n
or other orp.anir.at ion to advocate pnss.ij;e or drfoat of proposal"; fS
the convent ion. its comni L tees, suh-roninittees or de lef.ates .

This rule shall not apply to public officials aJvocaLinp. mattrrj:
directly effectinf. their office or the bodies l hey roprerent . Ilow.ver,
this r\ile shall ai»ply to public officials when ihey are not actinr-.
within this eapacitv,

Rei;iRCrat ion ->f lobbyists shall be by oath or affirmalion beftin-
an officer authorized by the convention to adnnnister



Online LibraryLouisiana. Constitutional Convention (1973)Records of the Louisiana Constitutional Convention of 1973 (Volume 4) → online text (page 57 of 65)