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. 292
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. 4, 2016, to be composed of
123 delegates, 105 elected from representative districts and 18 appointed. Requires
convention to complete a new constitution by June 30, 2016. 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 Monday,
August 4, 2014, 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.
(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 2, 2014, 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.
(7)Requires the committee to complete its work and submit to the legislature by March 31,
2015, 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 donor names 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
CONSTITUTIONAL CONVENTION 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 2015 R.S. CONSTITUTIONAL CONVENTION
Proposed law provides for a constitutional convention as follows:
(1)Calls the convention to convene at noon on Jan. 4, 2016, 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, 2015, 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 League of Women Voters of La. appointed by the
league.
(iv)A member of any La. chapter of the National Association for the
Advancement of Colored People appointed by the chairman of the national
board of directors of 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 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 Oct. 24,
2015, and if a general election is necessary, on Nov. 21, 2015. 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 La. 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.
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 the 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. 4, 2016. 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.
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 committees thereof. Prohibits
payment of per diem after June 30, 2016, 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
June 30, 2016. 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 5, 2016. 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 presidential election in 2016 (Nov.
8, 2016). 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, 2016, 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 by8/4/14
Evaluation & Drafting Committee organizational meeting by9/2/14
Evaluation & Drafting Committee to complete work by 3/31/15
Dissolution of Evaluation and Drafting Committee If committee finds convention
not needed – adjournment sine
die of 2015 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 10/24/15 & 11/21/15
Gubernatorial election
Five additional convention delegates appointed & submitted to
secretary of state not later than
12/15/15
Convention to convene 1/4/16 (noon)
Convention to complete final draft & deadline for delegates' per
diem
6/30/16
Convention to submit draft constitution to the governor by7/5/16
Election for submission of proposed constitution Presidential election – 11/8/16 What Date
Constitution becomes effective if adopted 12/31/16 (midnight)