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Regular Session, 2012
HOUSE BILL NO. 87
BY REPRESENTATIVE ABRAMSON
CONSTITUTION/CONVENTION: Calls for a constitutional convention and provides for
preparations for the convention
AN ACT1
To provide for the calling of a constitutional convention for the purpose of framing a new2
constitution; to provide for legislative findings; to fix the time and place for the3
convention; to provide for the qualifications and election or appointment of delegates4
thereto; to create a constitutional convention Evaluation and Drafting Committee and5
provide for preparations and planning for the convention, including a draft proposed6
constitution; to provide for the organization and staff of the convention; to place7
restrictions on the convention; to require that the constitution as adopted by such8
convention, including any alternative provisions, be submitted to the qualified9
electors for adoption and to provide relative to such submission; to provide for10
penalties for violations relating to elections; to require appropriation of funds for the11
convention and provide with respect to convention funds; to fix the effective date of12
the new constitution if approved by the electorate; and to provide for related matters.13
Be it enacted by the Legislature of Louisiana:14
Section 1. Legislative findings. The legislature finds that:15
(A) It has been almost thirty-eight years since the Constitution of Louisiana became16
effective at twelve midnight on December 31, 1974, and during these years the document17
which constitutes the state's basic law has been amended some one hundred sixty-seven18
times.19
(B) The need to address a number of key policy areas that require constitutional20
change has become apparent, including such matters as the state's tax structure and21 HLS 12RS-252 ORIGINAL
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budgetary practices which hamper the state's economic growth and competitiveness as well1
as the quality of life of Louisiana residents; the dedication of state revenues and the resulting2
inability of the legislature to allocate resources where needed, particularly for the needs of3
health care and higher education; the fiscal restraints on local governments that dramatically4
limit their authority to meet fiscal and budgetary demands; a postsecondary education5
structure that is burdened by duplication and competition for scarce resources; the need for6
further modernization of the civil service system; and other matters.7
(C) The constitution today contains many provisions that restrict the legislature in8
effectively addressing state and constituent needs, and the document also includes extensive9
provisions that are so detailed as to be statutory rather than constitutional in nature and10
which, as a result, require further constitutional amendment when any change is needed.11
(D) A serious analysis and revision of the state constitution is needed if the state is12
to conduct a genuine examination of the state's critical needs, to undertake an in-depth13
consideration of reform proposals, and to craft provisions that allow for flexibility and14
innovation in legislative solutions to problems of the present and the future.15
Section 2. Evaluation and Drafting Committee. (A) The Evaluation and Drafting16
Committee for the constitutional convention is hereby created. The purpose of the17
committee shall be to evaluate and determine if a constitutional convention is needed to18
address the needs of the state and its people and, if it determines that a convention is needed,19
to develop and propose a plan for the conduct of an effective constitutional convention,20
including a draft proposed constitution with alternative proposals for provisions on21
significant policy areas.22
(B)(1) The Evaluation and Drafting Committee shall be composed of thirteen23
members as follows:24
(a) Two members of the Louisiana House of Representatives appointed by the25
speaker of the House of Representatives.26
(b) Two members of the Louisiana Senate appointed by the president of the Senate.27
(c) Two members appointed by the governor.28
(d) One member appointed by the chief justice of the Louisiana Supreme Court.29
(e) A representative of the Louisiana State Law Institute appointed by the Louisiana30
State Law Institute.31 HLS 12RS-252 ORIGINAL
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(f) A representative of the Louisiana State University Paul M. Hebert Law Center1
or the Louisiana State University E. J. Ourso College of Business appointed by the joint2
concurrence of the chancellor of the law center and the dean of the business college.3
(g) A representative of the Southern University Law Center or the Southern4
University College of Business appointed by the joint concurrence of the chancellor of the5
law center and the dean of the business college.6
(h) A representative of the Tulane University Law School or the Tulane University7
A.B. Freeman School of Business appointed by the joint concurrence of the dean of the law8
school and the dean of the business school.9
(i) A representative of the Loyola University New Orleans College of Law or the10
Loyola University New Orleans Joseph A. Butt, S.J., College of Business appointed by the11
joint concurrence of the dean of the college of law and the dean of the business college.12
(j) A representative of the Public Affairs Research Council of Louisiana appointed13
by the council.14
(2) The appointments required by this Subsection shall be made and shall be15
submitted to the secretary of state not later than Monday, October 1, 2012. Not later than16
October 8, 2012, the secretary of state shall provide each member appointed with a list of17
the membership appointed to the committee. The secretary of state shall issue a commission18
to each person appointed as provided in this Section.19
(3) The committee shall hold its organizational meeting not later than Monday,20
November 5, 2012, on the call of the speaker of the House of Representatives and the21
president of the Senate acting jointly. The committee shall elect a chairman, a vice22
chairman, and such other officers as it shall find necessary.23
(4) Any vacancy in the membership of the committee shall be filled in the manner24
of the original appointment.25
(C) The committee shall have the following powers and duties:26
(1) The committee shall undertake such studies as shall be necessary to evaluate if27
a constitutional convention is needed to address the needs of the state and its people and,28
based upon such study, shall make a determination as to whether or not a constitutional29
convention is needed.30 HLS 12RS-252 ORIGINAL
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(2) If the committee determines that a constitutional convention is needed, it shall1
prepare a plan for the conduct of an effective constitutional convention. Such plan shall2
include but not be limited to:3
(a) A policy agenda for the convention which shall include:4
(i) Identification of significant policy areas that must be addressed in order to5
propose a constitution that will serve the state effectively.6
(ii) A draft of a proposed constitution for the state, including provisions addressing7
such significant policy areas, as well as all other provisions necessary for an effective8
constitution.9
(iii) Materials explaining the proposed provisions on significant policy areas and the10
reasons therefor.11
(iv) Alternative proposals for provisions on significant policy areas, together with12
explanations and explanatory materials therefor. The committee shall include multiple13
optional approaches and solutions as appropriate to facilitate the work of the convention in14
addressing issues.15
(v) Pertinent background material and data relative to significant policy areas.16
(b) Background and other materials that the committee determines will be useful to17
the work of the convention.18
(c) Proposals for elimination of statutory materials from the constitution, together19
with recommendations for legislative action relative thereto.20
(d) Recommendations for convention organization and deliberations, including21
significant provisions for rules of procedure.22
(e) Recommendations for budget needs for effective conduct of a convention.23
(f) Recommendations for procedures for submission of alternative proposals to the24
voters and ballot structure.25
(3) The committee shall undertake all necessary study and analysis necessary to26
complete such plan and submit such plan to the legislature as required by this Section.27
(D) The committee may create or appoint advisory committees or task forces to act28
in an advisory capacity or to assist in its studies, composed of such representatives of the29
public or private sectors as it deems appropriate.30 HLS 12RS-252 ORIGINAL
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(E)(1) As soon as possible after the members of the Evaluation and Drafting1
Committee have been appointed, the committee shall assemble such staff as it shall deem2
necessary to assist it in completing its duties on a timely basis. Such staff may include:3
(a) The Evaluation and Drafting Committee may employ such professional, research,4
and other employees as the committee shall deem necessary to carry out its duties.5
Compensation of staff personnel shall be established by the committee and shall be paid as6
provided in Paragraph (3) of Subsection G of this Section.7
(b) Personnel provided by the Louisiana State University, Southern University,8
Tulane University, and Loyola University law schools from the faculty as requested by the9
committee.10
(2) In addition, to assist the committee in its work, the committee may utilize the11
personnel, facilities, and services of the legislative auditor, the legislative fiscal officer, and12
the staffs of the House of Representatives and the Senate, and the committee may request13
and utilize such counsel, assistance, personnel, facilities, and advice as may be obtained14
from any and all public sources and from any and all private sources, including but not15
necessarily restricted to universities, colleges, foundations, charitable corporations, private16
research agencies, individuals, and organizations.17
(3) The committee may call upon the members or staffs of any and all departments18
or agencies of the state for data and assistance, and all such departments and agencies shall19
cooperate with the committee.20
(F) The committee shall submit to the legislature its evaluation and determination21
of whether or not a constitutional convention is needed, and if it determines that a22
convention is needed, it shall also submit to the legislature, accompanying such evaluation,23
a plan for the conduct of an effective constitutional convention. The committee shall24
complete its work and make the submission to the legislature required by this Section no25
later than December 31, 2013. The committee shall submit a copy of such report to the26
governor. When the constitutional convention convenes as provided in Section 3 of this Act,27
the committee shall submit a copy of the plan to the convention.28
(G)(1) The committee may accept grants, donations, gifts, monies, aid, facilities,29
and services from public or private sources for the purpose of completing its work and30
preparing and submitting the plan for the conduct of the constitutional convention as31 HLS 12RS-252 ORIGINAL
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required by this Section and any such grants, monies, facilities, services, and donations, as1
well as the names of the donors thereof, shall be recorded in the record of the proceedings2
of the committee and of the convention and such records shall be open to inspection by any3
person.4
(2) The members of the Evaluation and Drafting Committee shall be paid the same5
per diem for each day of conducting the work of the committee and for each day of6
attendance at meetings of the committee as is provided in Section 9 of this Act for7
convention delegates, and the members of the committee shall be subject to the limitations8
on other compensation as provided in that Section for convention delegates.9
(3) Per diem of committee members and all other expenses directly incurred by the10
committee may be paid from any funds available for the purpose and, with the approval of11
the presiding officers of the two houses of the Louisiana Legislature, from funds available12
to such presiding officers for expenses of the legislature.13
(H) Legislative committee rooms in the state capitol shall be available for use by the14
committee, unless required for legislative committee meetings. In addition, the committee15
may use the facilities and services of any board, commission, department, or agency of the16
state or of any political subdivision of the state, and all such entities shall cooperate with the17
committee to the fullest extent in furnishing services and facilities upon request. In addition,18
the committee may use the facilities and services of other persons and organizations.19
(I) If the Evaluation and Drafting Committee determines that a constitutional20
convention is needed, the Evaluation and Drafting Committee shall be dissolved thirty days21
after submission of a copy of the plan for the conduct of the constitutional convention to the22
convention, except that if a different termination date is provided in the rules of the23
convention, the Evaluation and Drafting Committee shall be dissolved on that date.24
However, if the Evaluation and Drafting Committee determines that a convention is not25
necessary, the Evaluation and Drafting Committee shall be dissolved upon adjournment sine26
die of the 2014 Regular Session of the Legislature of Louisiana.27
Section 3. Call for convention; delegates. (A) A constitutional convention is hereby28
called, to convene on January 5, 2015, at 12:00 noon, which shall be held for the purpose of29
framing a new constitution for the state of Louisiana subject to the terms, conditions, and30
provisions set forth in this Act.31 HLS 12RS-252 ORIGINAL
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(B)(1) There shall be one hundred twenty-three delegates to the convention, as1
follows:2
(a) One delegate shall be elected from each of the districts from which members of3
the House of Representatives of the Louisiana Legislature were elected in 2011.4
(b) The members of the constitutional convention Evaluation and Drafting5
Committee, appointed as provided in Section 2 of this Act, shall be delegates to the6
convention.7
(c) Five additional delegates shall be appointed not later than December 15, 2014,8
as follows:9
(i) A representative of the Louisiana Association of Business and Industry appointed10
by the association.11
(ii) A representative of the Louisiana AFL-CIO appointed by the Louisiana AFL-12
CIO. 13
(iii) A representative of the Louisiana League of Women Voters appointed by the14
league.15
(iv) A representative of the Louisiana National Association for the Advancement of16
Colored People appointed by the association.17
(v) A representative of the Louisiana Municipal Association or the Police Jury18
Association of Louisiana appointed by the joint concurrence of the two associations.19
(2) The appointments required by this Subsection shall be made and shall be20
submitted to the secretary of state not later than December 15, 2014. The secretary of state21
shall issue a commission to each delegate selected as provided in this Section.22
(3) Each delegate to the convention shall be an elector of the state of Louisiana, shall23
be at least eighteen years of age, and shall be a resident of the state of Louisiana. In24
addition, each delegate elected from a representative district shall be a resident of the district25
from which he is elected at the time he qualifies as a candidate for election as a delegate.26
(4) The election or appointment of any public official or public employee as a27
delegate to the convention and his service in the convention or as a member of the28
Evaluation and Drafting Committee and his service on the committee and the appointment29
of any public official or public employee to the staff of the convention or the staff of the30
Evaluation and Drafting Committee and his service on such staff, as authorized and provided31 HLS 12RS-252 ORIGINAL
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in this Act, shall not be construed to constitute dual officeholding or dual employment within1
the prohibitions of Part III of Chapter 2 of Title 42 of the Louisiana Revised Statutes of2
1950. However, a delegate elected from a representative district shall be considered an3
elected official within the scope of and subject to the provisions of Chapter 15 of Title 424
of the Louisiana Revised Statutes of 1950, and a delegate who is not an elected delegate, a5
member of the Evaluation and Drafting Committee, or a member of the staff of the6
convention or of the Evaluation and Drafting Committee who is not an elected official shall7
be considered a public employee within the scope of and subject to the provisions of Chapter8
15 of Title 42 of the Louisiana Revised Statutes of 1950. For purposes of Chapter 15 of9
Title 42 of the Louisiana Revised Statutes of 1950, the agency and the governmental entity10
of delegates and staff members of the convention shall be the convention and the agency and11
the governmental entity of members and staff members of the Evaluation and Drafting12
Committee shall be both the committee and the convention. For purposes of any other office13
or employment of any such delegate, committee member, or staff member, the provisions14
of Chapter 15 of Title 42 of the Louisiana Revised Statutes of 1950 shall remain applicable.15
The delegates to the convention, the staff of the convention, and the members and staff of16
the Evaluation and Drafting Committee shall be subject to the public bribery provisions of17
the laws of this state.18
(5) Each candidate for election as a delegate to the constitutional convention and19
each elected delegate shall be subject to the provisions of the Campaign Finance Disclosure20
Act and the office of delegate shall be a district office for the purposes of that Act.21
(6) Any attorney at law serving as a delegate to the convention shall be entitled to22
the absolute right of the continuance of any case in which he is bona fide counsel of record23
in any court of the state during his attendance upon the sessions and work of the convention.24
(C)(1) The one hundred five delegates to the convention to be elected from25
representative districts shall be elected at a special election to be held as provided in this Act.26
The special primary election for such delegates shall be held at the primary election on27
Tuesday, November 4, 2014, and, if necessary, the special general election for delegates28
shall be held at a statewide election to be held on Saturday, December 6, 2014. The29
governor shall issue a proclamation and give notice of the election to be held under this30
Section not less than forty-five days before the date of the election as herein fixed. Each31 HLS 12RS-252 ORIGINAL
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person desiring to become a candidate for election as a delegate from a representative district1
shall qualify as a candidate from the particular representative district he seeks to represent2
by filing a statement of candidacy with the secretary of state not later than the closing of the3
qualifying period for candidates in the primary election on November 4, 2014, as otherwise4
provided by law. Qualification as a candidate shall be without regard to party affiliation.5
(2) The election of a person to the office of delegate shall be in accordance with6
provisions for the election of candidates for public office in the Louisiana Election Code.7
Section 4. Conduct of election for elected delegates. (A) Except as otherwise8
provided in this Act, the primary and general elections for convention delegates shall be9
conducted and the results thereof published and promulgated in accordance with the10
Louisiana Election Code. All qualified electors shall be entitled to vote in their respective11
election precincts without regard to party affiliation. The votes for candidates for the office12
of delegate shall be tabulated as in the case of candidates for public office.13
(B) The costs of the elections authorized by this Act for election of delegates shall14
be paid as provided by the Louisiana Election Code for payment of costs of elections in15
which a candidate for the state legislature appears on the ballot.16
(C) All offenses, prosecutions, penalties, and punishments arising out of or in17
connection with the elections required by this Act shall be governed by the applicable laws18
of the state.19
Section 5. Vacancies. In the event of the death or the inability or unwillingness of20
any elected delegate to serve, whether before or during the convention, the speaker of the21
House of Representatives, the president of the Senate, and the governor shall fill such22
vacancy by appointment, by unanimous consent of the three officials, of a person from the23
same district who possesses the qualifications for delegate. In the event of the death or the24
inability or unwillingness to serve of any other delegate, the vacancy shall be filled in the25
same manner as the original selection within thirty days after the vacancy.26
Section 6. Convention authority; limitations. (A) The convention shall have27
authority to frame a new constitution for the state, including such alternative provisions as28
it deems appropriate, which shall be submitted to the electors of the state for their approval29
or rejection. However, the convention is prohibited from framing any article or provision30
whereby:31 HLS 12RS-252 ORIGINAL
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(1) The bonded or other indebtedness of the state or of any parish, municipality,1
district, or other political subdivision or authority of the state would be impaired.2
(2) The term of office of members of the legislature or of any other elected or of any3
appointed official of the state or of any political subdivision thereof would be reduced or4
shortened prior to the expiration of the term of office being held at the time of the adoption5
of the new constitution, or the salary of any such official would be reduced prior to the6
expiration of the term of office being held at the time of the adoption of a new constitution.7
(3) The state capital is removed or could be removed from Baton Rouge.8
(B) Any action to determine a question of the construction or validity of this Act or9
to determine the scope of authority of the convention shall be brought in the Nineteenth10
Judicial District Court. The matter shall be tried by preference over other matters, and the11
court shall render a decision as soon as practicable. In the event of an appeal, the appellate12
court shall place the matter on its preferential docket, shall hear it without delay, and shall13
render a decision as soon as practicable.14
Section 7. Convention organization. (A)(1) The delegates to the convention chosen15
as provided in this Act shall meet in the House Chamber in the state capitol, or at such other16
suitable location in the capital city as shall be determined jointly by the presiding officers17
of the legislature, at 12:00 noon on Monday, January 5, 2015. The chief justice, or in his18
absence any associate justice of the supreme court designated by the court, shall attend the19
convention at the opening thereof and shall preside until the chairman has been elected. The20
secretary of state shall attend the opening of the convention and call the roll of the delegates,21
whereupon the temporary presiding officer shall administer to the delegates the following22
oath:23
"I, . . ., do solemnly swear (or affirm) that I will support the constitution and laws of24
the United States and the constitution and laws of this state and that I will faithfully and25
impartially discharge and perform all the duties incumbent on me as a delegate to the26
convention, according to the best of my ability and understanding, and that I will observe27
and obey the limitation of authority contained in the Act under which this convention has28
assembled. So help me God."29
(2) No delegate shall be qualified to serve as such unless and until he has taken and30
subscribed to the oath in Paragraph (1) of this Subsection.31 HLS 12RS-252 ORIGINAL
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(B) After the oath has been administered, the delegates shall proceed to effect the1
permanent organization of the convention and shall:2
(1) Adopt rules of procedure for the convention, which rules shall not be inconsistent3
with the provisions of this Act.4
(2) Elect from among their number a chairman, a vice chairman, and such other5
officers as they deem necessary.6
(3) Elect from among their number an executive committee, the membership of7
which shall be determined by the delegates but which shall include among its members all8
of the elected officers of the convention.9
(4) Elect a chief clerical officer of the convention who shall not be a delegate and10
whose duties shall be provided by the rules of procedure for the convention.11
(5) Take such other actions as they deem necessary to effect a permanent12
organization of the convention.13
(C) Prior to the convening of the convention, members of the House of14
Representatives and Senate staffs as designated by the presiding officers of the legislature15
shall prepare a draft of rules of procedure for consideration, amendment, and adoption by16
the convention when it convenes. Such proposed rules shall be based upon the rules of the17
constitutional convention convened in 1973, except as inconsistent with the provisions of18
this Act. The rules of procedure adopted by the convention shall be subject to later change19
as the delegates shall provide therein. No delegate shall be allowed to vote by proxy and the20
rules shall so provide. No committee of the convention, including the executive committee,21
shall exceed seventeen members and the rules shall so provide.22
(D) After completing organizational activities, the convention may meet either as23
a full body or in committees until it completes its duties as provided in this Act.24
Section 8. Staff; budget; committees. (A) As soon as possible after the members25
of the executive committee are elected, the executive committee shall employ a research26
director, research assistants, and secretarial and clerical personnel in accordance with the27
provisions of Subsection B of this Section and may also employ such other professional,28
research, technical, clerical, and stenographic employees as the committee shall deem29
necessary. Compensation of staff personnel shall be established by the executive committee.30 HLS 12RS-252 ORIGINAL
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(B) The staff of the constitutional convention may include but shall not be limited1
to the following who shall not be delegates to the convention:2
(1) A director of research who shall possess such qualifications as determined by the3
committee.4
(2) Research assistants in such number and possessing such qualifications as5
determined by the committee.6
(3) Personnel provided by the Louisiana State University, Tulane University, Loyola7
University, and Southern University law schools from the faculty as requested by the8
committee.9
(4) Such other staff as the executive committee deems necessary.10
(C) The secretary of state shall advertise for applicants for the staff of the11
constitutional convention and shall receive such applications for staff service prior to the12
first meeting of the convention. He shall present the applications he has received to the13
executive committee on the day the convention convenes. If the executive committee deems14
necessary, it may receive additional applications after the convention convenes.15
(D) As soon as possible after the members of the executive committee are elected,16
the executive committee shall prepare a budget of anticipated expenses of the convention,17
including staff salaries and other necessary expenditures, based on the amount of the18
appropriation for the convention and any other funds available for expenditure.19
(E) The executive committee may create and establish such substantive and20
procedural committees as it deems appropriate. The chairman of the convention shall21
appoint the chairman, vice chairman, and the membership of each such committee.22
(F) Unless the legislature is in session, the House chamber and the legislative23
committee rooms in the state capitol shall be available for use by the convention and its24
committees. If the facilities at the state capitol are not available or are not sufficient for use25
by the convention or its committees, the convention or its committees shall meet at a suitable26
location in the capital city, which location shall be determined by the chairman of the27
convention, and public notice of the location shall be given and posted at suitable locations28
in the state capitol. The convention shall have full authority to use the facilities and services29
of any board, commission, department, or agency of the state or of any political subdivision30
of the state, and all such entities shall cooperate with the convention to the fullest extent in31 HLS 12RS-252 ORIGINAL
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furnishing services, facilities, and employees upon request. In addition, the convention may1
use the facilities and services of other persons and organizations.2
(G) The convention shall have full authority to accept grants, monies, aid, facilities,3
and services from public or private sources for the purpose of accomplishing its task of4
framing a new constitution and any such grants, monies, facilities, services, and donations,5
as well as the names of the donors thereof, shall be recorded in the record of the proceedings6
of the convention, and such records shall be open to inspection by any person.7
(H) The final draft of the proposed constitution shall be completed no later than July8
15, 2015. 9
Section 9. Compensation of delegates. The delegates to the convention shall receive10
a per diem for each day of actual attendance at meetings of the convention or of committees11
thereof in the amount provided for members of the legislature for attendance at legislative12
sessions, but no delegate shall be paid a per diem after July 15, 2015, or the date the final13
draft is completed, whichever is earlier. No delegate may accept any other compensation14
from any source for work performed as a delegate to the convention. However, if a delegate15
is engaged in regular, bona fide employment, should the delegate's employer choose to16
continue to pay the usual compensation while the delegate is engaged in the work of the17
convention, such delegate may accept that compensation, notwithstanding any provision of18
law to the contrary.19
Section 10. Appropriation; use of funds. (A) Any appropriation for the expenses20
of the convention shall be used solely to defray the necessary expenses of the constitutional21
convention for which provision is made in this Act, including the payment of per diem of22
delegates, salaries, and expenses of necessary employees, supplies, materials, equipment,23
printing, and reproduction of materials, and all other necessary expenses incurred in24
connection with the convention and its work.25
(B) Any funds appropriated for the convention shall be withdrawn from the state26
treasury in accordance with warrants signed by the chairman of the convention, and all27
checks for the disbursement of funds shall be signed by the chairman and the vice chairman28
of the convention or by the chairman or vice chairman and such other person as shall be29
designated by the convention.30 HLS 12RS-252 ORIGINAL
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(C) The legislature shall make adequate appropriations to the convention for so long1
as the convention remains in existence and for so long thereafter as is necessary to assure2
the payment of all expenses incurred in connection with the work of the convention. The3
convention shall not be deemed to be a budget unit of the state and therefore shall not be4
subject to the provisions of Chapter 1 of Title 39 of the Louisiana Revised Statutes of 1950.5
The financial books and records of the convention, however, shall be subject to audit by the6
legislative auditor.7
Section 11. Submission of proposed constitution; election. (A) Upon completion8
of its work, the convention shall submit a proposed draft of a new constitution for the state9
to the governor. At the discretion of the convention it may also propose and submit at the10
same time such alternative provisions as it deems appropriate. The constitution as drafted11
by the convention, together with any alternative provisions proposed for submission, shall12
be submitted to the people for adoption or rejection. Within thirty days after submission of13
the proposed draft to the governor, he shall by proclamation call an election, to be held at14
the same time as the gubernatorial primary election in 2015 for the purpose of submitting15
the proposed draft and any alternative provisions to the people for adoption or rejection.16
(B) The election shall be held, and the results shall be promulgated in accordance17
with the Louisiana Election Code. All electors duly qualified to vote in the state at the time18
of the election shall be entitled to vote without regard to party affiliation in their respective19
precincts on the proposition for or against adoption of the revision and on the question or20
questions of adoption of such alternative provisions as may be proposed by the convention.21
The costs of the election shall be paid as provided in the Louisiana Election Code for22
elections in which a constitutional amendment appears on the ballot.23
(C) The convention may submit to the electors of the state the proposal of24
acceptance or rejection of the constitution and any alternative provisions in such form and25
manner as it may determine and may direct the proper election officials to take the necessary26
steps to effectuate such determination of the convention in presenting the proposed27
constitution and any alternative provisions to the electors. Adoption of the constitution and28
of any such alternative provisions shall require the favorable vote of a majority of the29
electors voting on the respective proposition.30 HLS 12RS-252 ORIGINAL
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(D) Upon promulgation of the results of the election by the secretary of state, if the1
constitution is ratified and adopted by the people in the election for which provision is made2
in this Section, the governor shall proclaim the constitution, including such alternative3
provisions as are adopted by the people at the election, to be the Constitution of Louisiana.4
The constitution, including such alternative provisions as are so adopted, shall become5
effective at midnight on December 31, 2015, except as otherwise provided in the constitution6
adopted or in any such alternative provisions adopted.7
Section 12. This Act shall become effective upon signature by the governor or, if not8
signed by the governor, upon expiration of the time for bills to become law without signature9
by the governor, as provided in Article III, Section 18 of the Constitution of Louisiana. If10
vetoed by the governor and subsequently approved by the legislature, this Act shall become11
effective on the day following such approval.12
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Abramson HB No. 87
Abstract: Calls a constitutional convention preceded by study by an Evaluation and
Drafting Committee which shall determine if a convention is needed and report by
Dec. 31, 2013. If the committee determines a constitutional convention is needed,
provides that its report include a plan for an effective convention, including a
proposed constitution. Calls convention to convene on Jan. 5, 2015, to be composed
of 123 delegates, 105 elected from representative districts and 18 appointed.
Requires convention to complete a new constitution by July 15, 2015.
Proposed law states legislative findings that there is a need to address a number of key policy
areas that require constitutional change, that the constitution restricts the legislature in
effectively addressing state and constituent needs, and that a serious analysis and revision
of the state constitution is needed to conduct an examination of the state's critical needs, to
consider reform proposals, and to craft provisions that allow legislative solutions.
Proposed law creates the Evaluation and Drafting Committee for the constitutional
convention. Provides that its purpose is to evaluate and determine if a constitutional
convention is needed, and if it determines that a convention is needed, to develop and
propose a plan for the conduct of an effective constitutional convention, including a draft
proposed constitution with alternative provisions.
(1)Provides that the committee is composed of 13 members, to be appointed by
Monday, Oct. 1, 2012, as follows:
(a)Two members of the House of Representatives appointed by the speaker.
(b)Two members of the Senate appointed by the Senate president.
(c)Two members appointed by the governor.
(d)One member appointed by the chief justice of the La. Supreme Court. HLS 12RS-252 ORIGINAL
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(e)A representative of the La. State Law Institute appointed by the La. State
Law Institute.
(f)A representative of the LSU Paul M. Hebert Law Center or the LSU E.J.
Ourso College of Business appointed jointly by the law center chancellor and
the business college dean.
(g)A representative of the Southern University Law Center or the Southern
University College of Business appointed jointly by the law center chancellor
and the business college dean.
(h)A representative of the Tulane University Law School or the Tulane
University A.B. Freeman School of Business appointed jointly by the law
school dean and the business school dean.
(i)A representative of the Loyola University New Orleans College of Law and
the Loyola University New Orleans Joseph A. Butt, S.J., College of Business
appointed jointly by the law school dean and the business college dean.
(j)A representative of the Public Affairs Research Council of La. appointed by
the council.
(2)Requires the committee to hold its organizational meeting not later than Monday,
Nov. 5, 2012, and elect a chairman, a vice chairman, and other officers it finds
necessary. Provides for filling of committee vacancies in the manner of the original
appointments.
(3)Requires the committee to undertake studies necessary to evaluate if a constitutional
convention is needed to address the needs of the state and its people and, based upon
such study, to determine if a constitutional convention is needed.
(4)Provides, if the committee determines that a constitutional convention is needed, that
the committee prepare a plan for the conduct of an effective constitutional
convention, such plan to include:
(a)A policy agenda for the convention which shall include: identification of
significant policy areas to be addressed; a draft of a proposed constitution,
including provisions addressing significant policy areas and other necessary
provisions; materials explaining the significant policy issue proposals;
alternative proposals on significant policy areas, together with explanations
and explanatory materials (to include multiple optional approaches and
solutions); pertinent background material and data on significant policy
areas.
(b)Background and other materials useful to the convention.
(c)Proposals for elimination of statutory materials and recommendations for
legislative action relative thereto.
(d)Recommendations for convention organization and deliberations, including
significant rules of procedure.
(e)Recommendations for convention budget needs.
(f)Recommendations for procedures for submission of alternative proposals to
the voters and ballot structure.
(5)Authorizes the committee to create or appoint advisory committees or task forces to
advise or assist in its studies, composed of representatives of the public or private
sectors.
(6)Requires the Evaluation and Drafting Committee to assemble necessary staff, to
include: committee employees (authorizes employment of professional, research, and
other employees with compensation to be established by the committee and paid as
provided in the Act) (see 9 below); personnel provided by the LSU, Southern
University, Tulane University, and Loyola University law schools from the faculty
as requested by the committee. Authorizes the committee to use personnel,
facilities, and services of the legislative auditor, the legislative fiscal officer, and the
staffs of the House of Representatives and the Senate, and to request and utilize
counsel, assistance, personnel, facilities, and advice from public and private sources. HLS 12RS-252 ORIGINAL
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Authorizes the committee to call upon the members or staffs of state departments or
agencies for data and assistance and requires them to cooperate with the committee.
(7)Requires the committee to complete its work and submit to the legislature by Dec.
31, 2013, its evaluation and determination of whether or not a constitutional
convention is needed, and if it determines that a convention is needed, to also submit
its plan for the conduct of an effective constitutional convention. Requires that a
copy of such report be submitted to the governor and to the constitutional convention
when it convenes.
(8)Authorizes the committee to accept grants, donations, gifts, monies, aid, facilities,
and services from public or private sources which shall be recorded with the names
of the donors thereof in the record of the committee and the convention and shall be
open to inspection by any person.
(9)Provides that Evaluation and Drafting Committee members be paid the same per
diem for each day of committee work and each day of committee meeting attendance
as is provided for convention delegates and makes committee members subject to the
same limitations on other compensation as provided for convention delegates. (See
below). Provides that per diem and other expenses of the committee may be paid
from any funds available for the purpose and, with the approval of the presiding
officers of the two houses of the La. Legislature, from funds available for expenses
of the legislature.
(10)Requires that legislative committee rooms in the state capitol be available for
committee use, unless required for legislative committee meetings. Permits the
committee to use facilities and services of any state or local department or agency
and requires that they cooperate by furnishing services and facilities upon request.
Also authorizes the committee to use the facilities and services of other persons and
organizations.
(11)Provides that the Evaluation and Drafting Committee shall be dissolved 30 days after
submission of the plan for the conduct of the constitutional convention to the
convention unless a different termination date is provided in convention rules.
However, provides that if the committee determines that a convention is not
necessary, it shall be dissolved upon adjournment sine die of the 2014 R.S.
Proposed law provides for a constitutional convention as follows:
(1)Calls the convention to convene at noon on Jan. 5, 2015, to frame a new constitution
for the state, subject to the terms, conditions, and provisions of the Act.
(2)Provides for 123 delegates as follows:
(a)105 delegates to be elected from House of Representatives' 2011 election
districts.
(b)13 delegates who shall be the members of the Evaluation and Drafting
Committee (see above).
(c)Five additional delegates appointed not later than Dec. 15, 2014, as follows:
(i)A representative of the La. Association of Business and Industry
appointed by the association.
(ii)A representative of the La. AFL-CIO appointed by the La. AFL-CIO.
(iii)A representative of the La. League of Women Voters appointed by
the league.
(iv)A representative of the La. National Association for the
Advancement of Colored People appointed by the association.
(v)A representative of the La. Municipal Association or the Police Jury
Association of La. appointed jointly by the associations.
(3)Requires that delegates be qualified electors of the state and that elected delegates
be residents of the district from which elected. Excepts selection and service of HLS 12RS-252 ORIGINAL
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members and staff of the Evaluation and Drafting Committee and delegates and staff
of the convention from dual employment/dual officeholding laws. Members of the
Evaluation and Drafting Committee, delegates, and staff are subject to the code of
ethics, public bribery laws, and, in the case of elected delegates and candidates for
delegate, the campaign finance laws. Attorney delegates are entitled to continuance
of cases in which they are counsel of record while attending sessions and convention
work.
(4)Provides that the election for delegates shall be held at the primary election on Nov.
4, 2014, and if a general election is necessary, on Dec. 6, 2014. Candidates qualify
without regard to party affiliation. Election is to be in accordance with provisions for
election of candidates for public office in the La. Election Code.
(5)Provides for conduct of the elections in accordance with the election code, except for
any conflicts with the Act. Voters vote without regard to party affiliation. Provides
for application of state law to tabulation of votes in delegates' election. Provides for
election costs to be paid as provided by the La. Election Code as in the case of
elections for the state legislature.
(6)Provides for filling of vacancies in elected delegates' offices by joint appointment by
the governor, the speaker of the House, and the president of the Senate of a qualified
person from the same district. Provides for filling other vacancies in the same
manner as the original selection within 30 days of vacancy.
Proposed law grants to the convention the authority to frame a new state constitution,
including such alternative provisions as it deems appropriate. Provides the procedure for
judicial determination of the scope of the authority of the convention and questions relating
to the construction and validity of the Act and for expedited hearings and decisions.
Prohibits any article or provision whereby:
(1)State or local bonded indebtedness is impaired.
(2)Terms of office of elected or appointed state or local officials are reduced or
shortened prior to the expiration of the term of office at the time the new constitution
is adopted, or the salaries of such officials reduced prior to the expiration of such
terms.
(3)The state capital is removed or may be removed from Baton Rouge.
Proposed law provides for convention organization:
(1)Includes provisions for oath for delegates; adoption of rules; election of chairman,
vice chairman, chief clerical officer, and other officers deemed necessary by the
convention; and election of an executive committee which shall include all of the
elected officers of the convention; and other actions necessary to organize.
(2)Provides for House and Senate staff designated by the presiding officers of the
legislature, prior to the convention, to prepare rules of procedure for adoption by the
convention, based on the 1973 convention rules, such rules to be subject to change
and adoption by the convention. Prohibits proxy voting. Limits committee
membership to 17 members.
Proposed law provides for the initial meeting of the convention on Jan. 5, 2015. Provides
that after organizational activities are completed, the convention may meet either as a full
body or in committees until it completes its duties.
Proposed law provides for convention staff, budget, committees, meeting site, and other
assistance:
(1)Requires the executive committee to employ a research director, research and
clerical staff, and other employees deemed necessary. Specifies certain staff HLS 12RS-252 ORIGINAL
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membership. Provides for soliciting staff applications. Provides for executive
committee to set staff compensation.
(2)Provides that staff may include but not be limited to a research director, research
assistants, personnel provided by the four law schools from the faculty as requested
by the committee, and such other staff as deemed necessary by the executive
committee. Requires the secretary of state, prior to the first meeting of the
convention, to advertise and receive applications for staff service and present those
applications to the executive committee on the day the convention convenes.
(3)Requires the executive committee to prepare a budget of anticipated expenses of the
convention, based on the amount of the appropriation for the convention and any
other funds available for expenditure.
(4)Authorizes the executive committee to establish any substantive or procedural
committees it deems necessary. Provides that the chairman of the convention
appoint the chairman, vice chairman, and membership of each such committee.
(5)Requires that the House Chamber and the legislative committee rooms in the state
capitol be available for convention use, unless the legislature is in session.
Authorizes the convention to meet elsewhere in Baton Rouge as determined by the
chairman when state capitol facilities are not available or are insufficient.
(6)Authorizes convention use of facilities and services of state departments and
agencies and of political subdivisions and requires their cooperation in furnishing
services, facilities, and employees. Authorizes the convention to accept grants,
facilities, and services from public and private sources, with such to be recorded in
convention records which shall be open for inspection.
Proposed law provides for compensation of delegates and payment of convention expenses:
(1)Provides per diem for delegates in the same amount provided for the legislature for
each day of actual attendance at meetings of the convention or of committees thereof.
Prohibits payment of per diem after July 15, 2015, or the date the final draft is
completed, whichever is earlier. Prohibits a delegate from accepting any additional
compensation for work performed as a delegate to the convention, but allows a
delegate to continue to receive compensation for the delegate's regular bona fide
employment while a delegate.
(2)Requires that the legislature make adequate appropriations to the convention for the
payment of the necessary expenses of the convention such as per diem, salaries, and
expenses of employees, supplies, materials, equipment, and printing for so long as
the convention remains in existence and for so long thereafter as is necessary to pay
the expenses of the convention. Provides that the convention is not a state budget
unit. Specifies that the convention is subject to audit by the legislative auditor.
(3)Requires that funds appropriated be withdrawn from the state treasury in accordance
with warrants signed by the convention chairman and that checks be signed by the
chairman and vice chairman, or the chairman or vice chairman and such other person
as designated by the convention.
Proposed law provides that the final draft of a proposed constitution be completed not later
than July 15, 2012. Requires the convention, upon completion of its work, to submit to the
governor the proposed constitution and any alternative provisions agreed upon. Provides
that the constitution and any alternative provisions proposed for submission shall be
submitted to the people for their adoption or rejection at a special election. Provides for the
convention to determine the manner for submission of alternative proposals. Requires the
governor to call the election within 30 days after the draft is submitted, to be held at the
same time as the gubernatorial primary election in 2015 (Oct. 24, 2015). Provides for the
election to be held and the results thereof promulgated in accordance with the La. Election
Code and for costs to be paid as provided in the election code for elections in which a HLS 12RS-252 ORIGINAL
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constitutional amendment appears on the ballot. Voters are allowed to vote without regard
to party affiliation. Requires a majority vote to approve the constitution and any alternative
proposals.
Proposed law, requires, upon promulgation of the results of the election by the secretary of
state if the constitution is ratified and adopted by the people, that the governor proclaim the
constitution, including alternative provisions adopted, to be the Constitution of La. Provides
that the constitution and any such alternative provisions adopted shall become effective at
midnight on Dec. 31, 2015, except as otherwise provided in the constitution or in any
alternative provisions adopted.
Effective upon signature of governor or lapse of time for gubernatorial action.
Timetable for Major Provisions of Bill
What Date
Evaluation & Drafting Committee members appointed by10/1/12
Evaluation & Drafting Committee organizational meeting by11/5/12
Evaluation & Drafting Committee to complete work by12/31/13
Dissolution of Evaluation and Drafting CommitteeIf committee finds convention
not needed – adjournment sine
die of 2014 R.S. of legislature
Otherwise, 30 days after
submission of plan for
convention to convention (or
other date in convention rules)
Election of 105 convention delegates 11/4/14 & 12/6/14
Congressional election
Five additional convention delegates appointed & submitted
to secretary of state not later than
12/15/14
Convention to convene 1/5/15
Convention to complete final draft & deadline for delegates'
per diem
7/15/15
Election for submission of proposed constitutionGubernatorial primary election
– 10/24/15
Constitution becomes effective if adopted 12/31/15 Midnight