Legal Corner: Is there a way that laws can be passed to get rid of daylight saving time?

LAKE CHARLES, La. (KPLC) - Legal Corner answers viewers’ civil legal questions.

QUESTION: Daylight saving time always messes up my body clock during the first few days. I prefer when it ends and the time falls back and we get back an hour of sleep. Is there a way that laws can be passed to get rid of daylight saving time?

ANSWER: Many states, including Louisiana, have passed measures to stay on daylight saving time (“DST”) permanently - a move that some have called “lock the clock.”

In 2020, House Bill 132 was signed into law, which would make DST permanent in Louisiana. Like other permanent DST laws across the nation, it cannot go into effect as long as Congress maintains the Uniform Time Act of 1966.

The Uniform Time Act of 1966 mandates the country use daylight saving time, but allows states to opt out and exempt themselves from the practice to stay on standard time year-round. It does not allow states to permanently establish daylight saving time, which would keep them an hour ahead from November to March while other states switch to standard time.

The action sought by the viewer would require an action of Congress.

QUESTION: I have been hearing that next year, the Louisiana Legislature will have a “fiscal session.” What is this and are there other types of sessions? If there are, then what are they called?

ANSWER: A session is the time period during which the legislative branch discusses proposed changes to the law, called “bills.” If a bill gets approved by both the House of Representatives and the Senate, and the Governor signs it, it becomes a law.

In even-numbered years, the Louisiana Legislature has regular or general session in which all kinds of bills are introduced. During regular sessions, the Legislature cannot vote to introduce new taxes or increase existing taxes. No member of the Legislature may introduce more than five bills that were not prefiled, except as provided in the joint rules of the legislature.

In odd-numbered years, Louisiana has fiscal sessions in which bills dealing with money matters may be introduced. During a fiscal session, each member may still file bills that are not about money matters, but they can only file five per legislator.

An extraordinary (special) session may be called by the governor or may be convened by the presiding officers of both houses upon a written petition of a majority of the elected members of each house. The governor or presiding officers must give at least five days’ notice before the special session is set to begin.

QUESTION: I live in Calcasieu Parish and I am thinking about filing for bankruptcy, but I don’t know where to file it. I have been researching this, and it seems the only place for me to file is in federal court. Can I actually file on my own? Why can’t I file my case at the 14th Judicial District Court here in Calcasieu Parish?

ANSWER: An individual can file for bankruptcy on his own. This is called pro se.

The United States courts hear cases over which they have jurisdiction (authority) granted by either the United States Constitution or Congress. Under Article I of the United States Constitution, Congress can establish “uniform laws on the subject of bankruptcies throughout the United States.” As such, bankruptcy cases must be filed in federal district courts, not state district courts such as the 14th Judicial District Court in Calcasieu Parish.

Since the viewer resides in Calcasieu Parish, the bankruptcy case must be filed in the United States Western District, Lake Charles Division, which is the Edwin F. Hunter, Jr. Federal Courthouse located at 611 Broad Street, Lake Charles, Louisiana 70601.