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Regular Session, 2014
HOUSE BILL NO. 292
BY REPRESENTATIVE ABRAMSON
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 forty years since the Constitution of Louisiana became18
effective at midnight on December 31, 1974, and during these years the document which19
constitutes the state's basic law has been amended some one hundred seventy-five times.20 HLS 14RS-776 ORIGINAL
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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 that hamper the state's economic growth and competitiveness as well as3
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 and, as10
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 addressing 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 14RS-776 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, August 4, 2014. Not later than16
August 11, 2014, 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 Tuesday,20
September 2, 2014, 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 necessary to evaluate if a27
constitutional convention is needed to address the needs of the state and its people and, based28
upon such study, shall make a determination as to whether or not a constitutional convention29
is needed.30 HLS 14RS-776 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) Subject to the limitations provided in Section 6 of this Act, identification of5
significant policy areas that must be addressed in order to propose a constitution that will6
serve the state effectively.7
(ii) Subject to the limitations provided in Section 6 of this Act, a draft of a proposed8
constitution for the state, including provisions addressing significant policy areas identified9
as well as all other provisions necessary for an effective constitution.10
(iii) Materials explaining the proposed provisions addressing significant policy areas11
and the reasons therefor.12
(iv) Alternative proposals for provisions addressing significant policy areas, together13
with explanations and explanatory materials therefor. The committee shall include multiple14
optional approaches and solutions as appropriate to facilitate the work of the convention in15
addressing issues.16
(v) Pertinent background material and data relative to significant policy areas.17
(b) Background and other materials that the committee determines will be useful to18
the work of the convention.19
(c) Proposals for elimination of statutory materials from the constitution, together20
with recommendations for legislative action relative thereto.21
(d) Recommendations for convention organization and deliberations, including22
significant provisions for rules of procedure.23
(e) Recommendations for budget needs for effective conduct of a convention.24
(f) Recommendations for procedures for submission of alternative proposals to the25
voters and ballot structure.26
(3) The committee shall undertake all necessary study and analysis necessary to27
complete such plan and submit such plan to the legislature as required by this Section.28
(D) The committee may create or appoint advisory committees or task forces to act29
in an advisory capacity or to assist in its studies, composed of such representatives of the30
public or private sectors as it deems appropriate.31 HLS 14RS-776 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) Such professional, research, and other employees as the committee shall deem4
necessary to carry out its duties. The Evaluation and Drafting Committee may employ such5
staff personnel and establish their compensation which shall be paid as provided in6
Paragraph (G)(3) 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 as provided in Paragraph24
(C)(2) of this Section. The committee shall complete its work and make the submission to25
the legislature required by this Section no later than March 31, 2015. The committee shall26
submit a copy of such report to the governor. If and when the constitutional convention27
convenes as provided in Section 3 of this Act, the committee shall submit a copy of the plan28
to the convention.29
(G)(1) The committee may accept grants, donations, gifts, monies, aid, facilities,30
and services from public or private sources for the purpose of completing its work and31 HLS 14RS-776 ORIGINAL
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preparing and submitting the plan for the conduct of the constitutional convention as1
required by this Section. Any such grants, monies, facilities, services, and donations, as well2
as the names of the donors thereof, shall be recorded in the records of the proceedings of the3
committee and of the convention, and such records shall be open to inspection by any4
person.5
(2) The members of the Evaluation and Drafting Committee shall be paid the same6
per diem for each day of conducting the work of the committee and for each day of7
attendance at meetings of the committee as is provided in Section 9 of this Act for8
convention delegates, and the members of the committee shall be subject to limitations on9
other compensation for committee work as provided in that Section for convention work by10
convention delegates.11
(3) Per diem of committee members and all other expenses directly incurred by the12
committee may be paid from any funds available for the purpose and, with the approval of13
the presiding officers of the two houses of the Louisiana Legislature, from funds available14
to such presiding officers for expenses of the legislature.15
(H) Legislative committee rooms in the state capitol shall be available for use by the16
committee, unless required for legislative committee meetings. In addition, the committee17
may use the facilities and services of any board, commission, department, or agency of the18
state or of any political subdivision of the state, and all such entities shall cooperate with the19
committee to the fullest extent in furnishing services and facilities upon request. In addition,20
the committee may use the facilities and services of other persons and organizations.21
(I) If the Evaluation and Drafting Committee determines that a constitutional22
convention is needed, the Evaluation and Drafting Committee shall be dissolved thirty days23
after submission of a copy of the plan for the conduct of the constitutional convention to the24
convention, except that if a different termination date is provided in the rules of the25
convention, the Evaluation and Drafting Committee shall be dissolved on that date.26
However, if the Evaluation and Drafting Committee determines that a convention is not27
necessary, the Evaluation and Drafting Committee shall be dissolved upon adjournment sine28
die of the 2015 Regular Session of the Legislature of Louisiana.29
Section 3. Call for convention; delegates. (A) A constitutional convention is hereby30
called, to convene on January 4, 2016, at noon, which shall be held for the purpose of31 HLS 14RS-776 ORIGINAL
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framing a new constitution for the state of Louisiana subject to the terms, conditions, and1
provisions in this Act.2
(B)(1) There shall be one hundred twenty-three delegates to the convention, as3
follows:4
(a) One delegate shall be elected from each of the districts from which members of5
the House of Representatives of the Louisiana Legislature were elected in 2011.6
(b) The members of the constitutional convention Evaluation and Drafting7
Committee, appointed as provided in Section 2 of this Act, shall be delegates to the8
convention.9
(c) Five additional delegates shall be appointed as follows:10
(i) A representative of the Louisiana Association of Business and Industry appointed11
by the association.12
(ii) A representative of the Louisiana AFL-CIO appointed by the Louisiana AFL-13
CIO. 14
(iii) A representative of the League of Women Voters of Louisiana appointed by the15
league.16
(iv) A member of any Louisiana chapter of the National Association for the17
Advancement of Colored People appointed by the chairman of the national board of18
directors of the association.19
(v) A representative of the Louisiana Municipal Association or the Police Jury20
Association of Louisiana appointed by the joint concurrence of the two associations.21
(2) The appointments required by this Subsection shall be made and shall be22
submitted to the secretary of state not later than December 15, 2015.23
(3) The secretary of state shall issue a commission to each delegate selected as24
provided in this Section.25
(4) Each delegate to the convention shall be an elector of the state of Louisiana, shall26
be at least eighteen years of age, and shall be a resident of the state of Louisiana. In27
addition, each delegate elected from a representative district shall be a resident of the district28
from which he is elected at the time he qualifies as a candidate for election as a delegate.29
(5) The election or appointment of any public official or public employee as a30
delegate to the convention and his service in the convention or as a member of the31 HLS 14RS-776 ORIGINAL
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Evaluation and Drafting Committee and his service on the committee and the appointment1
of any public official or public employee to the staff of the convention or the staff of the2
Evaluation and Drafting Committee and his service on such staff, as authorized and provided3
in this Act, shall not be construed to constitute dual officeholding or dual employment within4
the prohibitions of Part III of Chapter 2 of Title 42 of the Louisiana Revised Statutes of5
1950. However, a delegate elected from a representative district shall be considered an6
elected official within the scope of and subject to the provisions of Chapter 15 of Title 427
of the Louisiana Revised Statutes of 1950. A delegate who is not an elected delegate, a8
member of the Evaluation and Drafting Committee, and a member of the staff of the9
convention or of the Evaluation and Drafting Committee shall be considered a public10
employee within the scope of and subject to the provisions of Chapter 15 of Title 42 of the11
Louisiana Revised Statutes of 1950. For purposes of Chapter 15 of Title 42 of the Louisiana12
Revised Statutes of 1950, the agency and the governmental entity of delegates and staff13
members of the convention shall be the convention, and the agency and the governmental14
entity of members and staff members of the Evaluation and Drafting Committee shall be15
both the committee and the convention. For purposes of any other office or employment of16
any such delegate, committee member, or staff member, the provisions of Chapter 15 of17
Title 42 of the Louisiana Revised Statutes of 1950 shall remain applicable. The delegates18
to the convention, the staff of the convention, and the members and staff of the Evaluation19
and Drafting Committee shall be subject to the public bribery provisions of the laws of this20
state.21
(6) Each candidate for election as a delegate to the constitutional convention and22
each elected delegate is subject to the provisions of the Campaign Finance Disclosure Act23
and the office of delegate shall be a district office for the purposes of that Act.24
(7) Any attorney at law serving as a delegate to the convention shall be entitled to25
the absolute right of the continuance of any case in which he is bona fide counsel of record26
in any court of the state during his attendance upon the sessions and work of the convention.27
(C)(1) The one hundred five delegates to the convention to be elected from28
representative districts shall be elected at a special election to be held as provided in this Act.29
The special primary election for such delegates shall be held at the primary election on30
Saturday, October 24, 2015, and, if necessary, the special general election for delegates shall31 HLS 14RS-776 ORIGINAL
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be held at a statewide election to be held on Saturday, November 21, 2015. Not later than1
August 11, 2015, the governor shall issue a proclamation and give notice of the election to2
be held under this Section. Each person desiring to become a candidate for election as a3
delegate from a representative district shall qualify as a candidate from the particular4
representative district he seeks to represent by filing a statement of candidacy with the clerk5
of court for the parish in which the candidate is registered to vote during the qualifying6
period for candidates in the primary election on October 24, 2015, as otherwise provided by7
law. Qualification as a candidate shall be without regard to party affiliation.8
(2) The election of a person to the office of delegate shall be in accordance with9
provisions for the election of candidates for public office in the Louisiana Election Code.10
Section 4. Conduct of election for elected delegates. (A) Except as otherwise11
provided in this Act, the primary and general elections for convention delegates shall be12
conducted and the results thereof published and promulgated in accordance with the13
Louisiana Election Code. All qualified electors shall be entitled to vote in their respective14
election precincts without regard to party affiliation. The votes for candidates for the office15
of delegate shall be tabulated as in the case of candidates for public office.16
(B) The costs of the elections authorized by this Act for election of delegates shall17
be paid as provided by the Louisiana Election Code for payment of costs of elections in18
which a candidate for the state legislature appears on the ballot.19
(C) All offenses, prosecutions, penalties, and punishments arising out of or in20
connection with the elections required by this Act shall be governed by the applicable laws21
of the state.22
Section 5. Vacancies. In the event of the death or the inability or unwillingness of23
any elected delegate to serve, whether before or during the convention, the speaker of the24
House of Representatives, the president of the Senate, and the governor shall fill such25
vacancy by appointment, by unanimous consent of the three officials, of a person from the26
same district who possesses the qualifications for delegate. In the event of the death or the27
inability or unwillingness to serve of any other delegate, the vacancy shall be filled in the28
same manner as the original selection within thirty days after the vacancy.29
Section 6.(A) The convention shall have authority to frame a new constitution for30
the state, including such alternative provisions as it deems appropriate, which shall be31 HLS 14RS-776 ORIGINAL
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submitted to the electors of the state for their approval or rejection. However, in revising1
the constitution, the convention may propose only such changes in the constitution as2
specified in this Section.3
(B) The convention shall have authority to propose substantive changes, including4
one or more alternative provisions, only with respect to matters of state and local5
government finance, including the raising of revenue and the allocation and expenditure of6
funds therefor and the review, limitation, or control of the expenditure of funds; specifically,7
the convention may propose such substantive changes, including one or more alternative8
provisions, with respect to matters contained in the following provisions of the Constitution9
of Louisiana of 1974, as amended, and no other:10
(1) Article VI, entitled "Local Government", but only with respect to Part II entitled11
"Finance" and comprised of Sections 26 through 37; and Part III, entitled "Levee Districts12
and Regional Flood Protection Authorities" and comprised of Sections 38 through 42.13
(2) Article VII, entitled "Revenue and Finance".14
(C)(1) The convention shall not propose substantive changes to any provisions of the15
constitution not set forth in Subsection (B) of this Section.16
(2) The convention shall not propose any changes that will:17
(a) Change or affect Article I of the constitution, entitled "Declaration of Rights" in18
any way. 19
(b) Cause any bonded or other indebtedness of the state or of any parish,20
municipality, district, or other political subdivision or authority of the state to be impaired.21
(c) Cause the term of office of any elected or of any appointed official of the state22
or of any political subdivision thereof to be reduced or shortened prior to the expiration of23
the term of office being held at the time of the adoption of the new constitution, or cause the24
salary of any such official to be reduced prior to the expiration of the term of office being25
held at the time of the adoption of a new constitution.26
(d) Remove or permit the removal of the state capital from Baton Rouge.27
(D) In addition to the authority to propose substantive changes as provided in28
Subsections (B) and (C) of this Section, but solely for the purposes of orderly arrangement,29
style and conformity, the convention may incorporate in its proposed revision or in any30
alternative provision nonsubstantive changes in other provisions of the constitution but only31 HLS 14RS-776 ORIGINAL
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to the extent that they are: (1) germane to the matters enumerated in Subsection (B) of this1
Section and (2) essential in order to conform to the substantive changes being proposed. For2
the same purposes, the convention may: (1) renumber or rearrange provisions, (2) transfer3
or divide provisions, (3) change reference designations to conform to redesignated4
provisions, and (4) make any other purely formal or clerical changes in keeping with the5
purpose of the revision.6
(E) Any action by the convention in contravention of the provisions of this Section7
shall be null and void and of no effect.8
(F) Any action to determine a question of the construction or validity of this Act, to9
determine the scope of authority of the convention, or to determine the conformity of any10
action of the convention with the provisions of this Act shall be brought in the Nineteenth11
Judicial District Court. The matter shall be tried by preference over other matters and the12
court shall render a decision as soon as practicable. In the event of an appeal, the appellate13
court shall place the matter on its preferential docket, shall hear it without delay, and shall14
render a decision as soon as practicable.15
Section 7. Convention organization. (A)(1) The delegates to the convention chosen16
as provided in this Act shall meet in the House Chamber in the state capitol, or at such other17
suitable location in the capital city as shall be determined jointly by the presiding officers18
of the legislature, at noon on Monday, January 4, 2016. The chief justice, or in his absence19
any associate justice of the supreme court designated by the court, shall attend the20
convention at the opening thereof and shall preside until the chairman has been elected. The21
secretary of state shall attend the opening of the convention and call the roll of the delegates,22
whereupon the temporary presiding officer shall administer to the delegates the following23
oath:24
"I, . . ., do solemnly swear (or affirm) that I will support the constitution and laws of25
the United States and the constitution and laws of this state and that I will faithfully and26
impartially discharge and perform all the duties incumbent on me as a delegate to the27
convention, according to the best of my ability and understanding, and that I will observe28
and obey the limitation of authority contained in the Act under which this convention has29
assembled. So help me God."30 HLS 14RS-776 ORIGINAL
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(2) No delegate shall be qualified to serve as such unless and until he has taken and1
subscribed to the oath in Paragraph (1) of this Subsection.2
(B) After the oath has been administered, the delegates shall proceed to effect the3
permanent organization of the convention and shall:4
(1) Adopt rules of procedure for the convention, which rules shall not be inconsistent5
with the provisions of this Act.6
(2) Elect from among their number a chairman, a vice chairman, and such other7
officers as they deem necessary.8
(3) Elect from among their number an executive committee, the membership of9
which shall be determined by the delegates but which shall include among its members all10
of the elected officers of the convention.11
(4) Elect a chief clerical officer of the convention who shall not be a delegate and12
whose duties shall be provided by the rules of procedure for the convention.13
(5) Take such other actions as they deem necessary to effect a permanent14
organization of the convention.15
(C) Prior to the convening of the convention, members of the House of16
Representatives and Senate staffs as designated by the presiding officers of the legislature17
shall prepare a draft of rules of procedure for consideration, amendment, and adoption by18
the convention when it convenes. Such proposed rules shall be based upon the rules of the19
constitutional convention convened in 1973, except as inconsistent with the provisions of20
this Act. The rules of procedure adopted by the convention shall be subject to later change21
as the delegates shall provide therein. No delegate shall be allowed to vote by proxy and the22
rules shall so provide. No committee of the convention, including the executive committee,23
shall exceed seventeen members and the rules shall so provide.24
(D) After completing organizational activities, the convention may meet either as25
a full body or in committees until it completes its duties as provided in this Act.26
Section 8. Staff; budget; committees. (A) As soon as possible after the members27
of the executive committee are elected, the executive committee shall employ a research28
director, research assistants, and secretarial and clerical personnel in accordance with the29
provisions of Subsection B of this Section and may also employ such other professional,30 HLS 14RS-776 ORIGINAL
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research, technical, and clerical employees as the committee deems necessary.1
Compensation of staff personnel shall be established by the executive committee.2
(B) The staff of the constitutional convention may include but shall not be limited3
to the following who shall not be delegates to the convention:4
(1) A director of research who shall possess such qualifications as determined by the5
committee.6
(2) Research assistants in such number and possessing such qualifications as7
determined by the committee.8
(3) Personnel provided by the Louisiana State University, Tulane University, Loyola9
University, and Southern University law schools from the faculty as requested by the10
committee.11
(4) Such other staff as the executive committee deems necessary.12
(C) The secretary of state shall advertise for applicants for the staff of the13
constitutional convention and shall receive such applications for staff service prior to the14
first meeting of the convention. He shall present the applications he has received to the15
executive committee on the day the convention convenes. If the executive committee deems16
necessary, it may receive additional applications after the convention convenes.17
(D) As soon as possible after the members of the executive committee are elected,18
the executive committee shall prepare a budget of anticipated expenses of the convention,19
including staff salaries and other necessary expenditures, based on the amount of the20
appropriation for the convention and any other funds available for expenditure.21
(E) The executive committee may create and establish such substantive and22
procedural committees as it deems appropriate. The chairman of the convention shall23
appoint the chairman, vice chairman, and the membership of each such committee.24
(F) Unless the legislature is in session, the House chamber and the legislative25
committee rooms in the state capitol shall be available for use by the convention and its26
committees. If the facilities at the state capitol are not available or are not sufficient for use27
by the convention or its committees, the convention or its committees shall meet at a suitable28
location in the capital city, which location shall be determined by the chairman of the29
convention, and public notice of the location shall be given and posted at suitable locations30
in the state capitol. The convention shall have full authority to use the facilities and services31 HLS 14RS-776 ORIGINAL
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of any board, commission, department, or agency of the state or of any political subdivision1
of the state, and all such entities shall cooperate with the convention to the fullest extent in2
furnishing services, facilities, and employees upon request. In addition, the convention may3
use the facilities and services of other persons and organizations.4
(G) The convention shall have full authority to accept grants, monies, aid, facilities,5
and services from public or private sources for the purpose of accomplishing its task of6
framing a new constitution. Any such grants, monies, facilities, services, and donations, as7
well as the names of the donors thereof, shall be recorded in the record of the proceedings8
of the convention, and such records shall be open to inspection by any person.9
(H) The final draft of the proposed constitution shall be completed no later than June10
30, 2016. 11
Section 9. Compensation of delegates. The delegates to the convention shall receive12
a per diem for each day of actual attendance at meetings of the convention or of committees13
thereof in the amount provided for members of the legislature for attendance at legislative14
sessions, but no delegate shall be paid a per diem after June 30, 2016, or the date the final15
draft is completed, whichever is earlier. No delegate may accept any other compensation16
from any source for work performed as a delegate to the convention. However, if a delegate17
is engaged in regular, bona fide employment, should the delegate's employer choose to18
continue to pay the usual compensation while the delegate is engaged in the work of the19
convention, such delegate may accept that compensation, notwithstanding any provision of20
law to the contrary.21
Section 10. Appropriation; use of funds. (A) Any appropriation for the expenses22
of the convention shall be used solely to defray the necessary expenses of the constitutional23
convention for which provision is made in this Act, including the payment of per diem of24
delegates, salaries, and expenses of necessary employees, supplies, materials, equipment,25
printing, and reproduction of materials, and all other necessary expenses incurred in26
connection with the convention and its work.27
(B) Any funds appropriated for the convention shall be withdrawn from the state28
treasury in accordance with warrants signed by the chairman of the convention, and all29
checks for the disbursement of funds shall be signed by the chairman and the vice chairman30 HLS 14RS-776 ORIGINAL
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of the convention or by the chairman or vice chairman and such other person as shall be1
designated by the convention.2
(C) The legislature shall make adequate appropriations to the convention for so long3
as the convention remains in existence and for so long thereafter as is necessary to assure4
the payment of all expenses incurred in connection with the work of the convention. The5
convention shall not be deemed to be a budget unit of the state and therefore shall not be6
subject to the provisions of Chapter 1 of Title 39 of the Louisiana Revised Statutes of 1950.7
The financial books and records of the convention, however, shall be subject to audit by the8
legislative auditor.9
Section 11. Submission of proposed constitution; election. (A) Upon completion10
of its work, and not later than July 5, 2016, and subject to the limitations provided in Section11
6 of this Act, the convention shall submit a proposed draft of a new constitution for the state12
to the governor. At the discretion of the convention, but subject to the limitations provided13
in Section 6 of this Act, the convention may also propose and submit at the same time such14
alternative provisions as it deems appropriate. The constitution as drafted by the convention,15
together with any alternative provisions proposed for submission, shall be submitted to the16
people for adoption or rejection. Within fifteen days after submission of the proposed draft17
to the governor, he shall by proclamation call an election to be held at the same time as the18
presidential election in 2016 for the purpose of submitting the proposed draft and any19
alternative provisions to the people for adoption or rejection.20
(B) The election shall be held and the results shall be promulgated in accordance21
with the Louisiana Election Code. All electors duly qualified to vote in the state at the time22
of the election shall be entitled to vote without regard to party affiliation in their respective23
precincts on the proposition for or against adoption of the revision and on the question or24
questions of adoption of such alternative provisions as may be proposed by the convention.25
The costs of the election shall be paid as provided in the Louisiana Election Code for26
elections in which a constitutional amendment appears on the ballot.27
(C) The convention may submit to the electors of the state the proposal of28
acceptance or rejection of the constitution and any alternative provisions in such form and29
manner as it may determine and may direct the proper election officials to take the necessary30
steps to effectuate such determination of the convention in presenting the proposed31 HLS 14RS-776 ORIGINAL
HB NO. 292
Page 16 of 22
constitution and any alternative provisions to the electors. Adoption of the constitution and1
of any such alternative provisions shall require the favorable vote of a majority of the2
electors voting on the respective proposition.3
(D) Upon promulgation of the results of the election by the secretary of state, if the4
constitution is ratified and adopted by the people in the election for which provision is made5
in this Section, the governor shall proclaim the constitution, including such alternative6
provisions as are adopted by the people at the election, to be the Constitution of Louisiana.7
The constitution, including such alternative provisions as are so adopted, shall become8
effective at midnight on December 31, 2016, except as otherwise provided in the constitution9
adopted or in any such alternative provisions adopted.10
Section 12. If any provision or application of this Act that authorizes the convention11
to consider only certain subject matters and certain provisions of the constitution and12
prohibits the convention from considering other subject matters and provisions is held13
invalid, including without limitation any provision of Section 6 of this Act, then this entire14
Act shall be invalid and of no effect. However, if any other provision of this Act or the15
application thereof is held invalid, such invalidity shall not affect other provisions or16
applications of this Act that can be given effect without the invalid provision or application.17
Section 13. This Act shall become effective upon signature by the governor or, if not18
signed by the governor, upon expiration of the time for bills to become law without signature19
by the governor, as provided in Article III, Section 18 of the Constitution of Louisiana. If20
vetoed by the governor and subsequently approved by the legislature, this Act shall become21
effective on the day following such approval.22
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. HLS 14RS-776 ORIGINAL
HB NO. 292
Page 17 of 22
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 HLS 14RS-776 ORIGINAL
HB NO. 292
Page 18 of 22
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. HLS 14RS-776 ORIGINAL
HB NO. 292
Page 19 of 22
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: HLS 14RS-776 ORIGINAL
HB NO. 292
Page 20 of 22
(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. HLS 14RS-776 ORIGINAL
HB NO. 292
Page 21 of 22
(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 HLS 14RS-776 ORIGINAL
HB NO. 292
Page 22 of 22
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 by3/31/15
Dissolution of Evaluation and Drafting CommitteeIf 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 constitutionPresidential election – 11/8/16
Constitution becomes effective if adopted 12/31/16 (midnight)