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Regular Session, 2013
HOUSE BILL NO. 621
BY REPRESENTATIVES ABRAMSON AND CHAMPAGNE
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CONSTITUTION/CONVENTION: Provides for calling a limited constitutional convention
for fiscal purposes and preparations therefor
AN ACT1
To provide for the calling of a constitutional convention for the purpose of framing a new2
constitution; to place restrictions on the convention and to limit the convention to the3
consideration and submission of matters related to certain specified fiscal and related4
subjects; to provide for legislative findings; to fix the time and place for the5
convention; to provide for the qualifications and election or appointment of6
delegates; to create a constitutional convention Evaluation and Drafting Committee7
and provide for preparations and planning for the convention, including a draft of a8
proposed constitution; to provide for the organization and staff of the convention; to9
require that the constitution as adopted by the convention, including any alternative10
provisions, be submitted to the qualified electors for adoption and to provide relative11
to such submission; to provide for penalties for violations relating to elections; to12
require appropriation of funds for the convention and provide with respect to13
convention funds; to fix the effective date of the new constitution if approved by the14
electorate; and to provide for related matters. 15
Be it enacted by the Legislature of Louisiana:16
Section 1. Legislative findings. The legislature finds that:17
(A) It has been almost thirty-nine years since the Constitution of Louisiana became18
effective at twelve midnight on December 31, 1974, and during these years the document19
which constitutes the state's basic law has been amended some one hundred seventy-five20
times.21 HLS 13RS-187 ENGROSSED
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(B) The need to address a number of key policy areas that require constitutional1
change has become apparent, including such matters as the state's tax structure and2
budgetary practices which hamper the state's economic growth and competitiveness as well3
as the quality of life of Louisiana residents; the dedication of state revenues and the resulting4
inability of the legislature to allocate resources where needed, particularly for the needs of5
health care and higher education; the fiscal restraints on local governments that dramatically6
limit their authority to meet fiscal and budgetary demands; 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 is hereby created. The purpose of the committee shall be to evaluate and17
determine if a constitutional convention is needed to address the needs of the state and its18
people and, if it determines that a convention is needed, to develop and propose a plan for19
the conduct of an effective constitutional convention, including, subject to the limitations20
provided by Section 6 of this Act, a draft of a proposed constitution with alternative21
proposals for provisions on 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 HLS 13RS-187 ENGROSSED
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(e) A representative of the Louisiana State Law Institute appointed by the Louisiana1
State Law Institute.2
(f) A representative of the Louisiana State University Paul M. Hebert Law Center3
or the Louisiana State University E. J. Ourso College of Business appointed by the joint4
concurrence of the chancellor of the law center and the dean of the business college.5
(g) A representative of the Southern University Law Center or the Southern6
University College of Business appointed by the joint concurrence of the chancellor of the7
law center and the dean of the business college.8
(h) A representative of the Tulane University Law School or the Tulane University9
A.B. Freeman School of Business appointed by the joint concurrence of the dean of the law10
school and the dean of the business school.11
(i) A representative of the Loyola University New Orleans College of Law or the12
Loyola University New Orleans Joseph A. Butt, S.J. College of Business appointed by the13
joint concurrence of the dean of the college of law and the dean of the business college.14
(j) A representative of the Public Affairs Research Council of Louisiana appointed15
by the council.16
(2) The appointments required by this Subsection shall be made and shall be17
submitted to the secretary of state not later than Thursday, August 1, 2013. Not later than18
August 8, 2013, the secretary of state shall provide each member appointed with a list of the19
membership appointed to the committee. The secretary of state shall issue a commission to20
each person appointed as provided in this Section.21
(3) The committee shall hold its organizational meeting not later than Tuesday,22
September 3, 2013, on the call of the speaker of the House of Representatives and the23
president of the Senate acting jointly. The committee shall elect a chairman, a vice24
chairman, and such other officers as it shall find necessary.25
(4) Any vacancy in the membership of the committee shall be filled in the manner26
of the original appointment.27
(C) The committee shall have the following powers and duties:28
(1) The committee shall undertake such studies as shall be necessary to evaluate if29
a constitutional convention is needed to address the needs of the state and its people and,30 HLS 13RS-187 ENGROSSED
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based upon such study, shall make a determination as to whether or not a constitutional1
convention is needed.2
(2) If the committee determines that a constitutional convention is needed, it shall3
prepare a plan for the conduct of an effective constitutional convention. Such plan shall4
include but not be limited to:5
(a) A policy agenda for the convention which shall include:6
(i) Subject to the limitations provided in Section 6 of this Act, identification of7
significant policy areas that must be addressed in order to propose a constitution that will8
serve the state effectively.9
(ii) Subject to the limitations provided in Section 6 of this Act, a draft of a proposed10
constitution for the state, including provisions addressing significant policy areas identified,11
as well as all other provisions necessary for an effective constitution.12
(iii) Materials explaining the proposed provisions on significant policy areas and the13
reasons therefor.14
(iv) Alternative proposals for provisions on significant policy areas, together with15
explanations and explanatory materials therefor. The committee shall include multiple16
optional approaches and solutions as appropriate to facilitate the work of the convention in17
addressing issues.18
(v) Pertinent background material and data relative to significant policy areas.19
(b) Background and other materials that the committee determines will be useful to20
the work of the convention.21
(c) Proposals for elimination of statutory materials from the constitution, together22
with recommendations for legislative action relative thereto.23
(d) Recommendations for convention organization and deliberations, including24
significant provisions for rules of procedure.25
(e) Recommendations for budget needs for effective conduct of a convention.26
(f) Recommendations for procedures for submission of alternative proposals to the27
voters and ballot structure.28
(3) The committee shall undertake all necessary study and analysis necessary to29
complete such plan and submit such plan to the legislature as required by this Section.30 HLS 13RS-187 ENGROSSED
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(D) The committee may create or appoint advisory committees or task forces to act1
in an advisory capacity or to assist in its studies, composed of such representatives of the2
public or private sectors as it deems appropriate.3
(E)(1) As soon as possible after the members of the Evaluation and Drafting4
Committee have been appointed, the committee shall assemble such staff as it shall deem5
necessary to assist it in completing its duties on a timely basis. Such staff may include:6
(a) Such professional, research, and other employees as the committee shall deem7
necessary to carry out its duties. The Evaluation and Drafting Committee may employ such8
staff personnel and establish their compensation which shall be paid as provided in9
Paragraph (G)(3) of this Section.10
(b) Personnel provided by the Louisiana State University, Southern University,11
Tulane University, and Loyola University law schools from the faculty as requested by the12
committee.13
(2) In addition, to assist the committee in its work, the committee may utilize the14
personnel, facilities, and services of the legislative auditor, the legislative fiscal officer, and15
the staffs of the House of Representatives and the Senate, and the committee may request16
and utilize such counsel, assistance, personnel, facilities, and advice as may be obtained17
from any and all public sources and from any and all private sources, including but not18
necessarily restricted to universities, colleges, foundations, charitable corporations, private19
research agencies, individuals, and organizations.20
(3) The committee may call upon the members or staffs of any and all departments21
or agencies of the state for data and assistance, and all such departments and agencies shall22
cooperate with the committee.23
(F) The committee shall submit to the legislature its evaluation and determination24
of whether or not a constitutional convention is needed, and if it determines that a25
convention is needed, it shall also submit to the legislature, accompanying such evaluation,26
a plan for the conduct of an effective constitutional convention as provided in Paragraph27
(C)(2) of this Section. The committee shall complete its work and make the submission to28
the legislature required by this Section no later than March 3, 2014. The committee shall29
submit a copy of such report to the governor. If and when the constitutional convention30 HLS 13RS-187 ENGROSSED
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convenes as provided in Section 3 of this Act, the committee shall submit a copy of the plan1
to the convention.2
(G)(1) The committee may accept grants, donations, gifts, monies, aid, facilities,3
and services from public or private sources for the purpose of completing its work and4
preparing and submitting the plan for the conduct of the constitutional convention as5
required by this Section. Any such grants, monies, facilities, services, and donations, as well6
as the names of the donors thereof, shall be recorded in the records of the proceedings of the7
committee and of the convention, and such records shall be open to inspection by any8
person.9
(2) The members of the Evaluation and Drafting Committee shall be paid the same10
per diem for each day of conducting the work of the committee and for each day of11
attendance at meetings of the committee as is provided in Section 9 of this Act for12
convention delegates, and the members of the committee shall be subject to the limitations13
on other compensation as provided in that Section for convention delegates.14
(3) Per diem of committee members and all other expenses directly incurred by the15
committee may be paid from any funds available for the purpose and, with the approval of16
the presiding officers of the two houses of the Louisiana Legislature, from funds available17
to such presiding officers for expenses of the legislature.18
(H) Legislative committee rooms in the state capitol shall be available for use by the19
committee, unless required for legislative committee meetings. In addition, the committee20
may use the facilities and services of any board, commission, department, or agency of the21
state or of any political subdivision of the state, and all such entities shall cooperate with the22
committee to the fullest extent in furnishing services and facilities upon request. In addition,23
the committee may use the facilities and services of other persons and organizations.24
(I) If the Evaluation and Drafting Committee determines that a constitutional25
convention is needed, the Evaluation and Drafting Committee shall be dissolved thirty days26
after submission of a copy of the plan for the conduct of the constitutional convention to the27
convention, except that if a different termination date is provided in the rules of the28
convention, the Evaluation and Drafting Committee shall be dissolved on that date.29
However, if the Evaluation and Drafting Committee determines that a convention is not30 HLS 13RS-187 ENGROSSED
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necessary, the Evaluation and Drafting Committee shall be dissolved upon adjournment sine1
die of the 2014 Regular Session of the Legislature of Louisiana.2
Section 3. Call for convention; delegates. (A) A constitutional convention is hereby3
called, to convene on January 5, 2015, at 12:00 noon, which shall be held for the purpose of4
framing a new constitution for the state of Louisiana subject to the terms, conditions, and5
provisions set forth in this Act.6
(B)(1) There shall be one hundred twenty-three delegates to the convention, as7
follows:8
(a) One delegate shall be elected from each of the districts from which members of9
the House of Representatives of the Louisiana Legislature were elected in 2011.10
(b) The members of the constitutional convention Evaluation and Drafting11
Committee, appointed as provided in Section 2 of this Act, shall be delegates to the12
convention.13
(c) Five additional delegates shall be appointed not later than December 15, 2014,14
as follows:15
(i) A representative of the Louisiana Association of Business and Industry appointed16
by the association.17
(ii) A representative of the Louisiana AFL-CIO appointed by the Louisiana AFL-18
CIO. 19
(iii) A representative of the Louisiana League of Women Voters appointed by the20
league.21
(iv) A representative of the Louisiana National Association for the Advancement of22
Colored People appointed by the association.23
(v) A representative of the Louisiana Municipal Association or the Police Jury24
Association of Louisiana appointed by the joint concurrence of the two associations.25
(2) The appointments required by this Subsection shall be made and shall be26
submitted to the secretary of state not later than December 15, 2014.27
(3) The secretary of state shall issue a commission to each delegate selected as28
provided in this Section.29 HLS 13RS-187 ENGROSSED
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(4) Each delegate to the convention shall be an elector of the state of Louisiana, shall1
be at least eighteen years of age, and shall be a resident of the state of Louisiana. In2
addition, each delegate elected from a representative district shall be a resident of the district3
from which he is elected at the time he qualifies as a candidate for election as a delegate.4
(5) The election or appointment of any public official or public employee as a5
delegate to the convention and his service in the convention or as a member of the6
Evaluation and Drafting Committee and his service on the committee and the appointment7
of any public official or public employee to the staff of the convention or the staff of the8
Evaluation and Drafting Committee and his service on such staff, as authorized and provided9
in this Act, shall not be construed to constitute dual officeholding or dual employment within10
the prohibitions of Part III of Chapter 2 of Title 42 of the Louisiana Revised Statutes of11
1950. However, a delegate elected from a representative district shall be considered an12
elected official within the scope of and subject to the provisions of Chapter 15 of Title 4213
of the Louisiana Revised Statutes of 1950. A delegate who is not an elected delegate, a14
member of the Evaluation and Drafting Committee, and a member of the staff of the15
convention or of the Evaluation and Drafting Committee shall be considered a public16
employee within the scope of and subject to the provisions of Chapter 15 of Title 42 of the17
Louisiana Revised Statutes of 1950. For purposes of Chapter 15 of Title 42 of the Louisiana18
Revised Statutes of 1950, the agency and the governmental entity of delegates and staff19
members of the convention shall be the convention, and the agency and the governmental20
entity of members and staff members of the Evaluation and Drafting Committee shall be21
both the committee and the convention. For purposes of any other office or employment of22
any such delegate, committee member, or staff member, the provisions of Chapter 15 of23
Title 42 of the Louisiana Revised Statutes of 1950 shall remain applicable. The delegates24
to the convention, the staff of the convention, and the members and staff of the Evaluation25
and Drafting Committee shall be subject to the public bribery provisions of the laws of this26
state.27
(6) Each candidate for election as a delegate to the constitutional convention and28
each elected delegate shall be subject to the provisions of the Campaign Finance Disclosure29
Act and the office of delegate shall be a district office for the purposes of that Act.30 HLS 13RS-187 ENGROSSED
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(7) Any attorney at law serving as a delegate to the convention shall be entitled to1
the absolute right of the continuance of any case in which he is bona fide counsel of record2
in any court of the state during his attendance upon the sessions and work of the convention.3
(C)(1) The one hundred five delegates to the convention to be elected from4
representative districts shall be elected at a special election to be held as provided in this Act.5
The special primary election for such delegates shall be held at the primary election on6
Tuesday, November 4, 2014, and, if necessary, the special general election for delegates7
shall be held at a statewide election to be held on Saturday, December 6, 2014. Not later8
than July 23, 2014, the governor shall issue a proclamation and give notice of the election9
to be held under this Section. Each person desiring to become a candidate for election as a10
delegate from a representative district shall qualify as a candidate from the particular11
representative district he seeks to represent by filing a statement of candidacy with the clerk12
of court for the parish in which the candidate is registered to vote during the qualifying13
period for candidates in the primary election on November 4, 2014, as otherwise provided14
by law. Qualification as a candidate shall be without regard to party affiliation.15
(2) The election of a person to the office of delegate shall be in accordance with16
provisions for the election of candidates for public office in the Louisiana Election Code.17
Section 4. Conduct of election for elected delegates. (A) Except as otherwise18
provided in this Act, the primary and general elections for convention delegates shall be19
conducted and the results thereof published and promulgated in accordance with the20
Louisiana Election Code. All qualified electors shall be entitled to vote in their respective21
election precincts without regard to party affiliation. The votes for candidates for the office22
of delegate shall be tabulated as in the case of candidates for public office.23
(B) The costs of the elections authorized by this Act for election of delegates shall24
be paid as provided by the Louisiana Election Code for payment of costs of elections in25
which a candidate for the state legislature appears on the ballot.26
(C) All offenses, prosecutions, penalties, and punishments arising out of or in27
connection with the elections required by this Act shall be governed by the applicable laws28
of the state.29 HLS 13RS-187 ENGROSSED
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Section 5. Vacancies. In the event of the death or the inability or unwillingness of1
any elected delegate to serve, whether before or during the convention, the speaker of the2
House of Representatives, the president of the Senate, and the governor shall fill such3
vacancy by appointment, by unanimous consent of the three officials, of a person from the4
same district who possesses the qualifications for delegate. In the event of the death or the5
inability or unwillingness to serve of any other delegate, the vacancy shall be filled in the6
same manner as the original selection within thirty days after the vacancy.7
Section 6.(A) The convention shall have authority to frame a new constitution for8
the state, including such alternative provisions as it deems appropriate, which shall be9
submitted to the electors of the state for their approval or rejection. However, in revising10
the constitution, the convention may propose only such changes in the constitution as11
specified in this Section.12
(B) The convention shall have authority to propose substantive changes, including13
one or more alternative provisions, only with respect to matters of state and local14
government finance and the raising of revenue and the allocation and expenditure of funds15
therefor, including review, limitation, or control of the expenditure of funds; specifically,16
the convention may propose such substantive changes, including one or more alternative17
provisions, with respect to matters contained in the following provisions of the Constitution18
of Louisiana of 1974, as amended, and no other:19
(1) Article VI, entitled "Local Government", but only with respect to Part II entitled20
"Finance" and comprised of Sections 26 through 37; and Part III, entitled "Levee Districts21
and Regional Flood Protection Authorities" and comprised of Sections 38 through 42.22
(2) Article VII, entitled "Revenue and Finance".23
(C)(1) The convention shall not propose substantive changes to any provisions of the24
constitution not set forth in Subsection (B) of this Section.25
(2) The convention shall not propose any changes that will:26
(a) Change or affect Article I of the constitution, entitled "Declaration of Rights" in27
any way. 28
(b) Cause any bonded or other indebtedness of the state or of any parish,29
municipality, district, or other political subdivision or authority of the state to be impaired.30 HLS 13RS-187 ENGROSSED
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(c) Cause the term of office of any elected or of any appointed official of the state1
or of any political subdivision thereof to be reduced or shortened prior to the expiration of2
the term of office being held at the time of the adoption of the new constitution, or cause the3
salary of any such official to be reduced prior to the expiration of the term of office being4
held at the time of the adoption of a new constitution.5
(d) Remove or permit the removal of the state capital from Baton Rouge.6
(D) In addition to the authority to propose substantive changes as provided in7
Subsections (B) and (C) of this Section, but solely for the purposes of orderly arrangement,8
style and conformity, the convention may incorporate in its proposed revision or in any9
alternative provision nonsubstantive changes in other provisions of the constitution but only10
to the extent that they are: (1) germane to the matters enumerated in Subsection (B) of this11
Section and (2) essential in order to conform to the substantive changes being proposed. For12
the same purposes, the convention may: (1) renumber or rearrange provisions, (2) transfer13
or divide provisions, (3) change reference designations to conform to redesignated14
provisions, and (4) make any other purely formal or clerical changes in keeping with the15
purpose of the revision.16
(E) Any action by the convention in contravention of the provisions of this Section17
shall be null and void and of no effect.18
(F) An action to determine a question of the construction or validity of this Act, to19
determine the scope of authority of the convention, or to determine the conformity of any20
action of the convention with the provisions of this Act may be brought in the Nineteenth21
Judicial District Court. The matter shall be tried by preference over other matters and the22
court shall render a decision as soon as practicable. In the event of an appeal, the appellate23
court shall place the matter on its preferential docket, shall hear it without delay, and shall24
render a decision as soon as practicable.25
Section 7. Convention organization. (A)(1) The delegates to the convention chosen26
as provided in this Act shall meet in the House Chamber in the state capitol, or at such other27
suitable location in the capital city as shall be determined jointly by the presiding officers28
of the legislature, at 12:00 noon on Monday, January 5, 2015. The chief justice, or in his29
absence any associate justice of the supreme court designated by the court, shall attend the30 HLS 13RS-187 ENGROSSED
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convention at the opening thereof and shall preside until the chairman has been elected. The1
secretary of state shall attend the opening of the convention and call the roll of the delegates,2
whereupon the temporary presiding officer shall administer to the delegates the following3
oath:4
"I, . . ., do solemnly swear (or affirm) that I will support the constitution and laws of5
the United States and the constitution and laws of this state and that I will faithfully and6
impartially discharge and perform all the duties incumbent on me as a delegate to the7
convention, according to the best of my ability and understanding, and that I will observe8
and obey the limitation of authority contained in the Act under which this convention has9
assembled. So help me God."10
(2) No delegate shall be qualified to serve as such unless and until he has taken and11
subscribed to the oath in Paragraph (1) of this Subsection.12
(B) After the oath has been administered, the delegates shall proceed to effect the13
permanent organization of the convention and shall:14
(1) Adopt rules of procedure for the convention, which rules shall not be inconsistent15
with the provisions of this Act.16
(2) Elect from among their number a chairman, a vice chairman, and such other17
officers as they deem necessary.18
(3) Elect from among their number an executive committee, the membership of19
which shall be determined by the delegates but which shall include among its members all20
of the elected officers of the convention.21
(4) Elect a chief clerical officer of the convention who shall not be a delegate and22
whose duties shall be provided by the rules of procedure for the convention.23
(5) Take such other actions as they deem necessary to effect a permanent24
organization of the convention.25
(C) Prior to the convening of the convention, members of the House of26
Representatives and Senate staffs as designated by the presiding officers of the legislature27
shall prepare a draft of rules of procedure for consideration, amendment, and adoption by28
the convention when it convenes. Such proposed rules shall be based upon the rules of the29
constitutional convention convened in 1973, except as inconsistent with the provisions of30 HLS 13RS-187 ENGROSSED
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this Act. The rules of procedure adopted by the convention shall be subject to later change1
as the delegates shall provide therein. No delegate shall be allowed to vote by proxy and the2
rules shall so provide. No committee of the convention, including the executive committee,3
shall exceed seventeen members and the rules shall so provide.4
(D) After completing organizational activities, the convention may meet either as5
a full body or in committees until it completes its duties as provided in this Act.6
Section 8. Staff; budget; committees. (A) As soon as possible after the members7
of the executive committee are elected, the executive committee shall employ a research8
director, research assistants, and secretarial and clerical personnel in accordance with the9
provisions of Subsection B of this Section and may also employ such other professional,10
research, technical, and clerical employees as the committee deems necessary.11
Compensation of staff personnel shall be established by the executive committee.12
(B) The staff of the constitutional convention may include but shall not be limited13
to the following who shall not be delegates to the convention:14
(1) A director of research who shall possess such qualifications as determined by the15
committee.16
(2) Research assistants in such number and possessing such qualifications as17
determined by the committee.18
(3) Personnel provided by the Louisiana State University, Tulane University, Loyola19
University, and Southern University law schools from the faculty as requested by the20
committee.21
(4) Such other staff as the executive committee deems necessary.22
(C) The secretary of state shall advertise for applicants for the staff of the23
constitutional convention and shall receive such applications for staff service prior to the24
first meeting of the convention. He shall present the applications he has received to the25
executive committee on the day the convention convenes. If the executive committee deems26
necessary, it may receive additional applications after the convention convenes.27
(D) As soon as possible after the members of the executive committee are elected,28
the executive committee shall prepare a budget of anticipated expenses of the convention,29 HLS 13RS-187 ENGROSSED
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including staff salaries and other necessary expenditures, based on the amount of the1
appropriation for the convention and any other funds available for expenditure.2
(E) The executive committee may create and establish such substantive and3
procedural committees as it deems appropriate. The chairman of the convention shall4
appoint the chairman, vice chairman, and the membership of each such committee.5
(F) Unless the legislature is in session, the House chamber and the legislative6
committee rooms in the state capitol shall be available for use by the convention and its7
committees. If the facilities at the state capitol are not available or are not sufficient for use8
by the convention or its committees, the convention or its committees shall meet at a suitable9
location in the capital city, which location shall be determined by the chairman of the10
convention, and public notice of the location shall be given and posted at suitable locations11
in the state capitol. The convention shall have full authority to use the facilities and services12
of any board, commission, department, or agency of the state or of any political subdivision13
of the state, and all such entities shall cooperate with the convention to the fullest extent in14
furnishing services, facilities, and employees upon request. In addition, the convention may15
use the facilities and services of other persons and organizations.16
(G) The convention shall have full authority to accept grants, monies, aid, facilities,17
and services from public or private sources for the purpose of accomplishing its task of18
framing a new constitution. Any such grants, monies, facilities, services, and donations, as19
well as the names of the donors thereof, shall be recorded in the record of the proceedings20
of the convention, and such records shall be open to inspection by any person.21
(H) The final draft of the proposed constitution shall be completed no later than July22
15, 2015. 23
Section 9. Compensation of delegates. The delegates to the convention shall receive24
a per diem for each day of actual attendance at meetings of the convention or of committees25
thereof in the amount provided for members of the legislature for attendance at legislative26
sessions, but no delegate shall be paid a per diem after July 15, 2015, or the date the final27
draft is completed, whichever is earlier. No delegate may accept any other compensation28
from any source for work performed as a delegate to the convention. However, if a delegate29
is engaged in regular, bona fide employment, should the delegate's employer choose to30 HLS 13RS-187 ENGROSSED
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continue to pay the usual compensation while the delegate is engaged in the work of the1
convention, such delegate may accept that compensation, notwithstanding any provision of2
law to the contrary.3
Section 10. Appropriation; use of funds. (A) Any appropriation for the expenses4
of the convention shall be used solely to defray the necessary expenses of the constitutional5
convention for which provision is made in this Act, including the payment of per diem of6
delegates, salaries, and expenses of necessary employees, supplies, materials, equipment,7
printing, and reproduction of materials, and all other necessary expenses incurred in8
connection with the convention and its work.9
(B) Any funds appropriated for the convention shall be withdrawn from the state10
treasury in accordance with warrants signed by the chairman of the convention, and all11
checks for the disbursement of funds shall be signed by the chairman and the vice chairman12
of the convention or by the chairman or vice chairman and such other person as shall be13
designated by the convention.14
(C) The legislature shall make adequate appropriations to the convention for so long15
as the convention remains in existence and for so long thereafter as is necessary to assure16
the payment of all expenses incurred in connection with the work of the convention. The17
convention shall not be deemed to be a budget unit of the state and therefore shall not be18
subject to the provisions of Chapter 1 of Title 39 of the Louisiana Revised Statutes of 1950.19
The financial books and records of the convention, however, shall be subject to audit by the20
legislative auditor.21
Section 11. Submission of proposed constitution; election. (A) Upon completion22
of its work, and not later than July 22, 2015, and subject to the limitations provided in23
Section 6 of this Act, the convention shall submit a proposed draft of a new constitution for24
the state to the governor. At the discretion of the convention, but subject to the limitations25
provided in Section 6 of this Act, the convention may also propose and submit at the same26
time such alternative provisions as it deems appropriate. The constitution as drafted by the27
convention, together with any alternative provisions proposed for submission, shall be28
submitted to the people for adoption or rejection. Within fifteen days after submission of29
the proposed draft to the governor, he shall by proclamation call an election, to be held at30 HLS 13RS-187 ENGROSSED
HB NO. 621
Page 16 of 23
the same time as the gubernatorial primary election in 2015 for the purpose of submitting1
the proposed draft and any alternative provisions to the people for adoption or rejection.2
(B) The election shall be held, and the results shall be promulgated in accordance3
with the Louisiana Election Code. All electors duly qualified to vote in the state at the time4
of the election shall be entitled to vote without regard to party affiliation in their respective5
precincts on the proposition for or against adoption of the revision and on the question or6
questions of adoption of such alternative provisions as may be proposed by the convention.7
The costs of the election shall be paid as provided in the Louisiana Election Code for8
elections in which a constitutional amendment appears on the ballot.9
(C) The convention may submit to the electors of the state the proposal of10
acceptance or rejection of the constitution and any alternative provisions in such form and11
manner as it may determine and may direct the proper election officials to take the necessary12
steps to effectuate such determination of the convention in presenting the proposed13
constitution and any alternative provisions to the electors. Adoption of the constitution and14
of any such alternative provisions shall require the favorable vote of a majority of the15
electors voting on the respective proposition.16
(D) Upon promulgation of the results of the election by the secretary of state, if the17
constitution is ratified and adopted by the people in the election for which provision is made18
in this Section, the governor shall proclaim the constitution, including such alternative19
provisions as are adopted by the people at the election, to be the Constitution of Louisiana.20
The constitution, including such alternative provisions as are so adopted, shall become21
effective at midnight on December 31, 2015, except as otherwise provided in the constitution22
adopted or in any such alternative provisions adopted.23
Section 12. If any provision or application of this Act which authorizes the24
convention to consider only certain subject matters and certain provisions of the constitution25
and prohibits the convention from considering other subject matters and provisions is held26
invalid, including without limitation any provision of Section 6 of this Act, then this entire27
Act shall be invalid and of no effect. However, if any other provision of this Act or the28
application thereof is held invalid, such invalidity shall not affect other provisions or29 HLS 13RS-187 ENGROSSED
HB NO. 621
Page 17 of 23
applications of this Act which can be given effect without the invalid provision or1
application.2
Section 13. This Act shall become effective upon signature by the governor or, if not3
signed by the governor, upon expiration of the time for bills to become law without signature4
by the governor, as provided in Article III, Section 18 of the Constitution of Louisiana. If5
vetoed by the governor and subsequently approved by the legislature, this Act shall become6
effective on the day following such approval.7
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. 621
Abstract: Calls a limited constitutional convention preceded by study by an Evaluation and
Drafting Committee to determine if a convention is needed. If the committee
determines a convention is needed, provides that its report include a convention plan,
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.
Limits convention to changes relative to state and local finance, raising revenue, and
allocation and expenditure of funds.
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.
EVALUATION AND DRAFTING COMMITTEE
Proposed law creates the Evaluation and Drafting Committee. 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 of a proposed constitution with alternative
provisions, subject to subject matter limitations applicable to the convention. (See
CONSTITUTIONAL CONVENTION below)
(1)Provides that the committee is composed of 13 members, to be appointed by
Thursday, August 1, 2013, 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.
(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. HLS 13RS-187 ENGROSSED
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(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 Tuesday,
September 3, 2013, 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 (subject to subject
matter limitations on the convention described below): 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.
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. HLS 13RS-187 ENGROSSED
HB NO. 621
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(7)Requires the committee to complete its work and submit to the legislature by March
3, 2014, 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
if and 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 records 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.
CONSTITUTIONAL CONVENTION
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
members and staff of the Evaluation and Drafting Committee and delegates and staff HLS 13RS-187 ENGROSSED
HB NO. 621
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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. However, provides that the
convention may propose substantive changes only with respect to matters of state and local
government finance and the raising of revenue and the allocation and expenditure of funds
therefor, including review, limitation, or control of the expenditure of funds. Specifies that
the convention may propose such substantive changes, including alternative provisions, with
respect to matters contained in the following provisions of the Constitution of Louisiana of
1974, as amended, and no other:
(1)Article VI (Local Government) but only Part II (Finance) and Part III (Levee
Districts and Regional Flood Protection Authorities).
(2)Article VII (Revenue and Finance).
Prohibits the convention from proposing substantive changes to any provisions of the
constitution not listed above. Further prohibits any changes that will:
(1)Change or affect Article I (Declaration of Rights) in any way.
(2)Cause indebtedness of the state or of any parish, municipality, district, or other
political subdivision or authority to be impaired.
(3)Cause the term of office of state or local elected or appointed officials to be reduced
prior to the expiration of the term held at the time of the adoption of the new
constitution, or cause the salary of any such official to be reduced prior to the
expiration of such term.
(4)Remove or permit the removal of the state capital from Baton Rouge.
Further permits the convention, solely for the purposes of orderly arrangement, style and
conformity, to incorporate nonsubstantive changes in other provisions of the constitution but
only to the extent that they are: (1) germane to the specified matters and (2) essential in order
to conform to the substantive changes being proposed. Also permits the convention, for the
same purposes, to: (1) renumber or rearrange provisions, (2) transfer or divide provisions,
(3) change reference designations to conform to redesignated provisions, and (4) make any
other purely formal or clerical changes in keeping with the purpose of the revision. HLS 13RS-187 ENGROSSED
HB NO. 621
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Provides that any action by the convention in contravention of the provisions relative to
substantive restrictions shall be null and void and of no effect.
Provides the procedure for judicial determination of the scope of the authority of the
convention, questions relating to the construction and validity of the Act, or conformity of
any action of the convention with the provisions of this Act and also provides for expedited
hearings and decisions.
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
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. HLS 13RS-187 ENGROSSED
HB NO. 621
Page 22 of 23
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.
SUBMISSION TO VOTERS/ EFFECTIVENESS
Proposed law provides that the final draft of a proposed constitution be completed not later
than July 15, 2015. Requires the convention, upon completion of its work and subject to the
subject matter limitations on the convention, to submit to the governor the proposed
constitution and any alternative provisions agreed upon no later than July 22, 2015. 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 15 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
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.
Proposed law provides that if any provision or application of the Act which authorizes the
convention to consider only certain subject matters and certain provisions of the constitution
and prohibits the convention from considering other subject matters and provisions is held
invalid then this entire Act shall be invalid and of no effect. Specifies, however, that if any
other provision of this Act or the application thereof is held invalid, such invalidity shall not
affect other provisions or applications of this Act which can be given effect without the
invalid provision or application.
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 by8/1/13
Evaluation & Drafting Committee organizational meeting by9/3/13 HLS 13RS-187 ENGROSSED
HB NO. 621
What Date
Page 23 of 23
Evaluation & Drafting Committee to complete work by3/3/14
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
Convention to submit draft constitution to the governor7/22/15
Election for submission of proposed constitutionGubernatorial primary election
– 10/24/15
Constitution becomes effective if adopted 12/31/15 Midnight
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on House and Governmental
Affairs to the original bill.
1. Removes provision for calling the election not less than 45 days before the
primary and instead requires the governor to call the election for delegates by
July 23, 2014.
2. Provides for the delegates to qualify with the clerks of court instead of the
secretary of state.
3. Provides for the delegates to qualify during the qualifying period instead of not
later than the close of such qualifying period.
4. Requires the convention to submit the draft constitution to the governor by July
22, 2015.