HLS 15RS-919 ORIGINAL
2015 Regular Session
HOUSE CONCURRENT RESOL UTION NO. 24
BY REPRESENTATIVE ABRAMSON
CONSTITUTION/CONVENTION: Provides for an in-depth study of the need for a plan
for the conduct of a constitutional convention, creates a committee for such purpose,
and expresses legislative intent to call a convention based upon the results of such
study
1 A CONCURRENT RESOL UTION
2To create a committee to provide for an in-depth study of the need for, and for preparation
3 of a plan for the conduct of, a convention to revise the Constitution of Louisiana and
4 to express legislative intent to call a constitutional convention based upon the results
5 of such study.
6 WHEREAS, it has been over forty years since the Constitution of Louisiana became
7effective at twelve midnight on December 31, 1974, and during the intervening years the
8document which constitutes the state's basic law has been amended some one hundred
9eighty-one times; and
10 WHEREAS, the need to address a number of key policy areas that require
11constitutional change has become apparent, including such matters as the state's tax structure
12and budgetary practices, which hamper the state's economic growth and competitiveness as
13well as the quality of life of Louisiana residents; the dedication of state revenues and the
14resulting inability of the legislature to allocate resources where needed, particularly for the
15needs of health care and higher education; the fiscal restraints on local governments that
16dramatically limit their authority to meet fiscal and budgetary demands; a postsecondary
17education structure that is burdened by duplication and competition for scarce resources; the
18need for further modernization of the civil service system; and other matters; and
19 WHEREAS, the constitution today contains many provisions that restrict the
20legislature in effectively addressing state and constituent needs, and the document also
21includes extensive provisions that are so detailed as to be statutory rather than constitutional
22in nature and which, as a result, require further constitutional amendment when any change
23is needed; and
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1 WHEREAS, a serious analysis and revision of the state constitution is needed if the
2state is to conduct a genuine examination of the state's critical needs, to undertake an in-
3depth consideration of reform proposals, and to craft provisions that allow for flexibility and
4innovation in legislative solutions to problems of the present and the future.
5 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
6create a committee to provide for an in-depth study of the need for, and for preparation of
7a plan for the conduct of, a convention to revise the Constitution of Louisiana, and the
8legislature expresses legislative intent to call a constitutional convention based upon the
9results of such study, all as more specifically provided in this Concurrent Resolution.
10 BE IT FURTHER RESOLVED that, in order to conduct the needed study and
11prepare a plan for a constitutional convention, a committee is hereby created, to be
12designated as the Evaluation and Drafting Committee, and that the purpose of the committee
13shall be to evaluate and determine if a constitutional convention is needed to address the
14issues facing the state and its people and, if it determines that a convention is needed, to
15develop and propose a plan for the conduct of an effective constitutional convention,
16including a draft proposed constitution with alternative proposals for provisions on
17significant policy areas.
18 BE IT FURTHER RESOLVED that the Evaluation and Drafting Committee shall be
19composed of thirteen members as follows:
20 (1) Two members of the Louisiana House of Representatives appointed by the
21speaker of the House of Representatives.
22 (2) Two members of the Louisiana Senate appointed by the president of the Senate.
23 (3) Two members appointed by the governor.
24 (4) One member appointed by the chief justice of the Louisiana Supreme Court.
25 (5) A representative of the Louisiana State Law Institute appointed by the Louisiana
26State Law Institute.
27 (6) A representative of the Louisiana State University Paul M. Hebert Law Center
28or the Louisiana State University E. J. Ourso College of Business appointed by the joint
29concurrence of the chancellor of the law center and the dean of the business college.
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1 (7) A representative of the Southern University Law Center or the Southern
2University College of Business appointed by the joint concurrence of the chancellor of the
3law center and the dean of the business college.
4 (8) A representative of the Tulane University Law School or the Tulane University
5A.B. Freeman School of Business appointed by the joint concurrence of the dean of the law
6school and the dean of the business school.
7 (9) A representative of the Loyola University New Orleans College of Law or the
8Loyola University New Orleans Joseph A. Butt, S.J., College of Business appointed by the
9joint concurrence of the dean of the college of law and the dean of the business college.
10 (10) A representative of the Public Affairs Research Council of Louisiana appointed
11by the council.
12 BE IT FURTHER RESOLVED that:
13 (1) The appointments to the Evaluation and Drafting Committee shall be made and
14shall be submitted to the secretary of state not later than Monday, August 3, 2015; that, not
15later than August 10, 2015, the secretary of state shall provide each member appointed with
16a list of the membership appointed to the committee; that the secretary of state shall issue
17a commission to each person appointed to the committee; and that any vacancy in the
18membership of the committee shall be filled in the manner of the original appointment.
19 (2) The committee shall hold its organizational meeting not later than Tuesday,
20September 8, 2015, on the call of the speaker of the House of Representatives and the
21president of the Senate acting jointly, and the committee shall elect a chairman, a vice
22chairman, and such other officers as it shall find necessary.
23 BE IT FURTHER RESOLVED that the committee shall have the following powers
24and duties:
25 (1) The committee shall undertake such studies as necessary to evaluate if a
26constitutional convention is needed to address the issues facing the state and its people and,
27based upon such study, shall make a determination as to whether or not a constitutional
28convention is needed.
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1 (2) If the committee determines that a constitutional convention is needed, it shall
2prepare a plan for the conduct of an effective constitutional convention, which plan shall
3include but not be limited to:
4 (a) A policy agenda for the convention which shall include:
5 (i) Identification of significant policy areas that must be addressed in order to
6propose a constitution that will serve the state effectively.
7 (ii) A draft of a proposed constitution for the state, including provisions addressing
8such significant policy areas, as well as all other provisions necessary for an effective
9constitution.
10 (iii) Materials explaining the proposed provisions on significant policy areas and the
11reasons therefor.
12 (iv) Alternative proposals for provisions on significant policy areas, together with
13explanations and explanatory materials therefor, including multiple optional approaches and
14solutions as appropriate to facilitate the work of the convention in addressing issues.
15 (v) Pertinent background material and data relative to significant policy areas.
16 (b) Background and other materials that the committee determines will be useful to
17the work of the convention.
18 (c) Proposals for elimination of statutory materials from the constitution, together
19with recommendations for legislative action relative thereto.
20 (d) Recommendations for convention organization and deliberations, including
21significant provisions for rules of procedure.
22 (e) Recommendations for budget needs for effective conduct of a convention.
23 (f) Recommendations for procedures for submission of alternative proposals to the
24voters and ballot structure.
25 (3) The committee shall undertake all necessary study and analysis necessary to
26complete such plan and submit such plan to the legislature.
27 (4) The committee may create or appoint advisory committees or task forces to act
28in an advisory capacity or to assist in its studies, composed of such representatives of the
29public or private sectors as it deems appropriate.
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1 (5)(a) As soon as possible after the members of the Evaluation and Drafting
2Committee have been appointed, the committee shall assemble such staff as it deems
3necessary to assist it in completing its duties on a timely basis. Such staff may include:
4 (i) Such professional, research, and other employees as the committee deems
5necessary to carry out its duties; the committee is hereby authorized to employ such staff and
6such staff shall be compensated as provided in this Concurrent Resolution.
7 (ii) Personnel provided by the Louisiana State University, Southern University,
8Tulane University, and Loyola University law schools from the faculty as requested by the
9committee.
10 (b) The committee may utilize the personnel, facilities, and services of the legislative
11auditor, the legislative fiscal officer, and the staffs of the House of Representatives and the
12Senate, and the committee may request and utilize such counsel, assistance, personnel,
13facilities, and advice as may be obtained from any and all public sources and from any and
14all private sources, including but not necessarily restricted to universities, colleges,
15foundations, charitable corporations, private research agencies, individuals, and
16organizations.
17 (c) The committee may call upon the members or staffs of any and all departments
18or agencies of the state for data and assistance, and all such departments and agencies shall
19cooperate with the committee.
20 (6) The committee shall complete its work no later than March 1, 2016, and shall
21submit to the legislature its evaluation and determination of whether or not a constitutional
22convention is needed, and if it determines that a convention is needed, it shall also submit,
23accompanying such evaluation, a plan for the conduct of an effective constitutional
24convention; it shall submit a copy of the evaluation and the plan to the governor, and when
25the constitutional convention convenes, it shall submit a copy to the convention.
26 BE IT FURTHER RESOLVED that:
27 (1) The committee may accept grants, donations, gifts, monies, aid, facilities, and
28services from public or private sources for the purpose of completing its work and preparing
29and submitting the plan for the conduct of the constitutional convention; any such grants,
30monies, facilities, services, and donations, as well as the names of the donors thereof, shall
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1be recorded in the record of the proceedings of the committee and of the convention, and
2such records shall be open to inspection by any person.
3 (2) The members of the Evaluation and Drafting Committee shall be paid the same
4per diem for each day of conducting the work of the committee and for each day of
5attendance at meetings of the committee, and the members of the committee shall be subject
6to the same limitations on other compensation, as this Concurrent Resolution provides that
7the convention call will make applicable to the compensation of convention delegates.
8 (3) Per diem of committee members and all other expenses directly incurred by the
9committee may be paid from any funds available for the purpose and, with the approval of
10the presiding officers of the two houses of the Louisiana Legislature, from funds available
11to such presiding officers for expenses of the legislature.
12 (4) Legislative committee rooms in the state capitol shall be available for use by the
13committee, unless required for legislative committee meetings, and, in addition, the
14committee may use the facilities and services of any board, commission, department, or
15agency of the state or of any political subdivision of the state, and all such entities shall
16cooperate with the committee to the fullest extent in furnishing services and facilities upon
17request; the committee may use the facilities and services of other persons and organizations.
18 BE IT FURTHER RESOLVED that, if the Evaluation and Drafting Committee
19determines that a constitutional convention is needed, the Evaluation and Drafting
20Committee shall be dissolved thirty days after submission of a copy of the plan for the
21conduct of the constitutional convention to the convention, except that if a different
22termination date is provided in the rules of the convention, the Evaluation and Drafting
23Committee shall be dissolved on that date; however, if the Evaluation and Drafting
24Committee determines that a convention is not necessary, the Evaluation and Drafting
25Committee shall be dissolved upon adjournment sine die of the 2016 Regular Session of the
26Legislature of Louisiana.
27 BE IT FURTHER RESOLVED that the Legislature of Louisiana does hereby express
28its firm intent to call a constitutional convention if the Evaluation and Drafting Committee
29determines that a constitutional convention is needed, such convention to convene on
30September 5, 2017, at 12:00 noon and to be for the purpose of framing a new constitution
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1for the state of Louisiana, and the legislature does further express its intent to include in the
2call for the convention, to be enacted by the legislature, provisions that will make the
3convention subject to the terms, conditions, and provisions set forth in this Concurrent
4Resolution.
5 BE IT FURTHER RESOLVED that the call for the convention shall provide relative
6to the convention delegates, including provisions that:
7 (1) There shall be one hundred twenty-three delegates to the convention as follows:
8 (a) One delegate shall be elected from each of the districts from which members of
9the House of Representatives of the Louisiana Legislature are elected in 2015.
10 (b) The members of the constitutional convention Evaluation and Drafting
11Committee shall be delegates to the convention.
12 (c)(i) Five additional delegates shall be appointed as follows:
13 (aa) A representative of the Louisiana Association of Business and Industry
14appointed by the association.
15 (bb) A representative of the Louisiana AFL-CIO appointed by the Louisiana AFL-
16CIO.
17 (cc) A representative of the Louisiana League of Women Voters appointed by the
18league.
19 (dd) A representative of the Louisiana National Association for the Advancement
20of Colored People appointed by the association.
21 (ee) A representative of the Louisiana Municipal Association and the Police Jury
22Association of Louisiana appointed by the joint concurrence of the two associations.
23 (ii) These appointments shall be made and shall be submitted to the secretary of state
24not later than December 5, 2016.
25 (2) The secretary of state shall issue a commission to each delegate.
26 (3) Each delegate to the convention shall be an elector of the state of Louisiana, shall
27be at least eighteen years of age, and shall be a resident of the state of Louisiana, and each
28delegate elected from a representative district shall be a resident of the district from which
29he is elected at the time he qualifies as a candidate for election as a delegate.
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1 (4) The election or appointment of any public official or public employee as a
2delegate to the convention and his service in the convention or as a member of the
3Evaluation and Drafting Committee and his service on the committee and the appointment
4of any public official or public employee to the staff of the convention or the staff of the
5Evaluation and Drafting Committee and his service on such staff shall not be construed to
6constitute dual officeholding or dual employment within the prohibitions of Part III of
7Chapter 2 of Title 42 of the Louisiana Revised Statutes of 1950.
8 (5) A delegate elected from a representative district shall be considered an elected
9official within the scope of and subject to the provisions of Chapter 15 of Title 42 of the
10Louisiana Revised Statutes of 1950; a delegate who is not an elected delegate, a member of
11the Evaluation and Drafting Committee, or a member of the staff of the convention or of the
12Evaluation and Drafting Committee shall be considered a public employee within the scope
13of and subject to the provisions of Chapter 15 of Title 42 of the Louisiana Revised Statutes
14of 1950; for purposes of Chapter 15 of Title 42 of the Louisiana Revised Statutes of 1950,
15the agency and the governmental entity of delegates and staff members of the convention
16shall be the convention and the agency and the governmental entity of members and staff
17members of the Evaluation and Drafting Committee shall be both the committee and the
18convention; and for purposes of any other office or employment of any such delegate,
19committee member, or staff member, the provisions of Chapter 15 of Title 42 of the
20Louisiana Revised Statutes of 1950 shall remain applicable.
21 (6) The delegates to the convention, the staff of the convention, and the members
22and staff of the Evaluation and Drafting Committee shall be subject to the public bribery
23provisions of the laws of this state.
24 (7) Each candidate for election as a delegate to the constitutional convention and
25each elected delegate shall be subject to the provisions of the Campaign Finance Disclosure
26Act, and the office of delegate shall be a district office for the purposes of that Act.
27 (8) Any attorney at law serving as a delegate to the convention shall be entitled to
28the absolute right of the continuance of any case in which he is bona fide counsel of record
29in any court of the state during his attendance upon the sessions and work of the convention.
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1 (9)(a) The one hundred five delegates to the convention to be elected from
2representative districts shall be elected at a special election.
3 (b) The special primary election for such delegates shall be held at the primary
4election on Tuesday, November 8, 2016, and, if necessary, the special general election for
5delegates shall be held at a statewide election to be held on Saturday, December 10, 2016.
6 (c) The governor shall issue a proclamation and give notice of the election to be held
7as provided in this Section not less than forty-five days before the date of the election as
8fixed in this Section.
9 (d) Each person desiring to become a candidate for election as a delegate from a
10representative district shall qualify as a candidate from the particular representative district
11he seeks to represent by filing a statement of candidacy with the secretary of state not later
12than the closing of the qualifying period for candidates in the primary election on November
138, 2016, as otherwise provided by law, and qualification as a candidate shall be without
14regard to party affiliation.
15 (e) The election of a person to the office of delegate shall be in accordance with
16provisions for the election of candidates for public office in the Louisiana Election Code,
17and except as otherwise provided in the call for the convention enacted in accordance with
18this Concurrent Resolution, the primary and general elections for convention delegates shall
19be conducted and the results thereof published and promulgated in accordance with the
20Louisiana Election Code.
21 (f) All qualified electors shall be entitled to vote in their respective election precincts
22without regard to party affiliation.
23 (g) The votes for candidates for the office of delegate shall be tabulated as in the
24case of candidates for public office.
25 (h) The costs of the elections authorized by this Act for election of delegates shall
26be paid as provided by the Louisiana Election Code for payment of costs of elections in
27which a candidate for the state legislature appears on the ballot.
28 (i) All offenses, prosecutions, penalties, and punishments arising out of or in
29connection with the elections required by this Concurrent Resolution shall be governed by
30the applicable laws of the state.
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1 (10) In the event of the death or the inability or unwillingness of a delegate to serve,
2whether before or during the convention:
3 (a) In the case of an elected delegate, the speaker of the House of Representatives,
4the president of the Senate, and the governor shall fill such vacancy within thirty days after
5the vacancy occurs by appointment, by unanimous consent of the three officials, of a person
6from the same district who possesses the qualifications for delegate.
7 (b) In the case of any delegate other than an elected delegate, the vacancy shall be
8filled in the same manner as the original selection within thirty days after the vacancy
9occurs.
10 BE IT FURTHER RESOLVED that the call for the convention shall grant the
11convention authority to frame a new constitution for the state, including such alternative
12provisions as it deems appropriate, which shall be submitted to the electors of the state for
13their approval or rejection, but such call shall prohibit the convention from framing any
14article or provision whereby:
15 (1) The bonded or other indebtedness of the state or of any parish, municipality,
16district, or other political subdivision or authority of the state would be impaired.
17 (2) The term of office of members of the legislature or of any other elected or of any
18appointed official of the state or of any political subdivision thereof would be reduced or
19shortened prior to the expiration of the term of office being held at the time of the adoption
20of the new constitution, or the salary of any such official would be reduced prior to the
21expiration of the term of office being held at the time of the adoption of a new constitution.
22 (3) The state capital is removed or could be removed from Baton Rouge.
23 (4) Article I of the constitution, entitled "Declaration of Rights", is changed or
24altered in any way.
25 BE IT FURTHER RESOLVED that the call for the convention shall also provide that
26any action to determine a question of the construction or validity of this Concurrent
27Resolution or to determine the scope of authority of the convention shall be brought in the
28Nineteenth Judicial District Court; the matter shall be tried by preference over other matters,
29and the court shall render a decision as soon as practicable, and that, in the event of an
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1appeal, the appellate court shall place the matter on its preferential docket, shall hear it
2without delay, and shall render a decision as soon as practicable.
3 BE IT FURTHER RESOLVED that the call for the convention shall provide that:
4 (1) The delegates to the convention shall meet in the House chamber in the state
5capitol, or at such other suitable location in the capital city as shall be determined jointly by
6the presiding officers of the legislature, at 12:00 noon on Tuesday, September 5, 2017; that
7the chief justice, or in his absence any associate justice of the supreme court designated by
8the court, shall attend the opening of the convention and shall preside until the chairman has
9been elected, and that the secretary of state shall attend the opening of the convention and
10call the roll of the delegates, whereupon the temporary presiding officer shall administer to
11the delegates the following oath:
12 "I, . . ., do solemnly swear (or affirm) that I will support the constitution and laws of
13the United States and the constitution and laws of this state and that I will faithfully and
14impartially discharge and perform all the duties incumbent on me as a delegate to the
15convention, according to the best of my ability and understanding, and that I will observe
16and obey the limitation of authority contained in the Act under which this convention has
17assembled. So help me God."
18 (2) No delegate shall be qualified to serve as such unless and until he has taken and
19subscribed to the required oath.
20 (3) After the oath has been administered, the delegates shall proceed to effect the
21permanent organization of the convention and shall:
22 (a) Adopt rules of procedure for the convention, which rules shall not be inconsistent
23with the provisions of this Concurrent Resolution.
24 (b) Elect from among their number a chairman, a vice chairman, and such other
25officers as they deem necessary.
26 (c) Elect from among their number an executive committee, the membership of
27which shall be determined by the delegates but which shall include among its members all
28of the elected officers of the convention.
29 (d) Elect a chief clerical officer of the convention who shall not be a delegate and
30whose duties shall be provided by the rules of procedure for the convention.
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1 (e) Take such other actions as they deem necessary to effect a permanent
2organization of the convention.
3 BE IT FURTHER RESOLVED that, prior to the convening of the convention,
4members of the House of Representatives and Senate staffs, as designated by the presiding
5officers of the legislature, shall prepare a draft of rules of procedure for consideration,
6amendment, and adoption by the convention when it convenes and that:
7 (1) Such proposed rules shall be based upon the rules of the constitutional convention
8convened in 1973, except as inconsistent with the call for the convention and this Concurrent
9Resolution.
10 (2) The rules of procedure adopted by the convention shall be subject to later change
11as the delegates shall provide therein.
12 (3) No delegate shall be allowed to vote by proxy and the rules shall so provide.
13 (4) No committee of the convention, including the executive committee, shall exceed
14seventeen members and the rules shall so provide.
15 BE IT FURTHER RESOLVED that, after completing organizational activities, the
16convention may meet either as a full body or in committees until it completes its duties.
17 BE IT FURTHER RESOLVED that the call for the convention shall provide for
18convention staff and shall provide that:
19 (1) As soon as possible after the members of the executive committee are elected,
20the executive committee shall employ a research director, research assistants, and secretarial
21and clerical personnel as provided in Paragraph (2) below and may also employ such other
22professional, research, technical, clerical, and stenographic employees as the committee shall
23deem necessary.
24 (2) The staff of the constitutional convention may include but shall not be limited
25to the following who shall not be delegates to the convention:
26 (a) A director of research who shall possess such qualifications as determined by the
27committee.
28 (b) Research assistants in such number and possessing such qualifications as
29determined by the committee.
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1 (c) Personnel provided by the Louisiana State University, Tulane University, Loyola
2University, and Southern University law schools from the faculty as requested by the
3committee.
4 (d) Such other staff as the executive committee deems necessary.
5 (3) The secretary of state shall advertise for applicants for the staff of the
6constitutional convention and shall receive such applications for staff service prior to the
7first meeting of the convention and shall present the applications he has received to the
8executive committee on the day the convention convenes; however, if the executive
9committee deems necessary, it may receive additional applications after the convention
10convenes.
11 (4) Compensation of staff personnel shall be established by the executive committee.
12 BE IT FURTHER RESOLVED that, as soon as possible after the members of the
13executive committee are elected, the executive committee shall prepare a budget of
14anticipated expenses of the convention, including staff salaries and other necessary
15expenditures, based on the amount of the appropriation for the convention and any other
16funds available for expenditure.
17 BE IT FURTHER RESOLVED that the executive committee may create and
18establish such substantive and procedural committees as it deems appropriate and that the
19chairman of the convention shall appoint the chairman, vice chairman, and the membership
20of each such committee.
21 BE IT FURTHER RESOLVED that the call shall provide for facilities and services,
22including provisions that:
23 (1) Unless the legislature is in session, the House chamber and the legislative
24committee rooms in the state capitol shall be available for use by the convention and its
25committees.
26 (2) If the facilities at the state capitol are not available or are not sufficient for use
27by the convention or its committees, the convention or its committees shall meet at a suitable
28location in the capital city, which location shall be determined by the chairman of the
29convention, and public notice of the location shall be given and posted at suitable locations
30in the state capitol.
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1 (3) The convention shall have full authority to use the facilities and services of any
2board, commission, department, or agency of the state or of any political subdivision of the
3state, and all such entities shall cooperate with the convention to the fullest extent in
4furnishing services, facilities, and employees upon request, and the convention may use the
5facilities and services of other persons and organizations.
6 BE IT FURTHER RESOLVED that the convention shall have full authority to accept
7grants, monies, aid, facilities, and services from public or private sources for the purpose of
8accomplishing its task of framing a new constitution and any such grants, monies, facilities,
9services, and donations, as well as the names of the donors thereof, shall be recorded in the
10record of the proceedings of the convention, and such records shall be open to inspection by
11any person.
12 BE IT FURTHER RESOLVED that the call for the convention shall require that the
13final draft of the proposed constitution shall be completed no later than June 27, 2018.
14 BE IT FURTHER RESOLVED that the call for the convention shall provide that:
15 (1) Delegates to the convention shall receive a per diem for each day of actual
16attendance at meetings of the convention or of committees thereof in the amount provided
17for members of the legislature for attendance at legislative sessions, but no delegate shall be
18paid a per diem after June 27, 2018, or the date the final draft is completed, whichever is
19earlier.
20 (2) No delegate may accept any other compensation from any source for work
21performed as a delegate to the convention; however, if a delegate is engaged in regular, bona
22fide employment, should the delegate's employer choose to continue to compensate while
23the delegate is engaged in the work of the convention, such delegate may accept that
24compensation, notwithstanding any provision of law to the contrary.
25 BE IT FURTHER RESOLVED that the call for the convention shall provide that:
26 (1) Any appropriation for the expenses of the convention shall be used solely to
27defray the necessary expenses of the constitutional convention for which provision is made
28in this Concurrent Resolution, including the payment of per diem of delegates, salaries, and
29expenses of necessary employees, supplies, materials, equipment, printing, and reproduction
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1of materials, and all other necessary expenses incurred in connection with the convention
2and its work.
3 (2) Any funds appropriated for the convention shall be withdrawn from the state
4treasury in accordance with warrants signed by the chairman of the convention, and all
5checks for the disbursement of funds shall be signed by the chairman and the vice chairman
6of the convention or by the chairman or vice chairman and such other person as shall be
7designated by the convention.
8 (3) The legislature shall make adequate appropriations to the convention for so long
9as the convention remains in existence and for so long thereafter as is necessary to assure
10the payment of all expenses incurred in connection with the work of the convention.
11 (4) The convention shall not be deemed to be a budget unit of the state and therefore
12shall not be subject to the provisions of Chapter 1 of Title 39 of the Louisiana Revised
13Statutes of 1950; however, the financial books and records of the convention shall be subject
14to audit by the legislative auditor.
15 BE IT FURTHER RESOLVED that the call for the convention shall provide that:
16 (1) Upon completion of its work, the convention shall submit a proposed draft of a
17new constitution for the state to the governor.
18 (2) At the discretion of the convention, it may also propose and submit at the same
19time such alternative provisions as it deems appropriate.
20 (3) The constitution as drafted by the convention, together with any alternative
21provision proposed for submission, shall be submitted to the people for adoption or rejection,
22and within thirty days after submission of the proposed draft to the governor, he shall by
23proclamation call an election, to be held at the same time as the congressional primary
24election in 2018, for the purpose of submitting the proposed draft and any alternative
25provisions to the people for adoption or rejection.
26 (4) The election shall be held and the results shall be promulgated in accordance
27with the Louisiana Election Code.
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1 (5) All electors duly qualified to vote in the state at the time of the election shall be
2entitled to vote without regard to party affiliation in their respective precincts on the
3proposition for or against adoption of the revision and on the question or questions of
4adoption of such alternative provisions as may be proposed by the convention.
5 (6) The costs of the election shall be paid as provided in the Louisiana Election Code
6for elections in which a constitutional amendment appears on the ballot.
7 (7) The convention may submit to the electors of the state the proposal for
8acceptance or rejection of the constitution and any alternative provisions in such form and
9manner as it may determine and may direct the proper election officials to take the necessary
10steps to effectuate the determination of the convention in presenting the proposed
11constitution and any alternative provisions to the electors.
12 (8) Adoption of the constitution and of any such alternative provisions shall require
13the favorable vote of a majority of the electors voting on the respective proposition.
14 (9) Upon promulgation of the results of the election by the secretary of state, if the
15constitution is ratified and adopted by the people in the election for which provision is made
16in this Section, the governor shall proclaim the constitution, including such alternative
17provisions as are adopted by the people at the election, to be the Constitution of Louisiana.
18 BE IT FURTHER RESOLVED that the constitution, including such alternative
19provisions as are so adopted, shall become effective at midnight on December 31, 2018,
20except as otherwise provided in the constitution adopted or in any such alternative provisions
21adopted.
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HCR NO. 24
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)]
HCR 24 Original 2015 Regular Session Abramson
Establishes an Evaluation and Drafting Committee that will determine if a constitutional
convention is needed, and if so, propose a plan for an effective convention, including a
proposed constitution. Expresses legislative intent to call a constitutional convention to be
convened on Sept. 5, 2017, composed of 123 delegates, 105 to be elected from representative
districts and 18 appointed delegates, charged with preparing a proposed new constitution no
later than June 27, 2018, and provides details about the contents of such convention call.
Proposed concurrent resolution states legislative findings that there is a need to address a
number of key policy areas that require constitutional change, that the constitution restricts
the legislature in effectively addressing state and constituent needs, and that a serious
analysis and revision of the state constitution is needed to conduct an examination of the
state's critical needs, to consider reform proposals, and to craft provisions that allow
legislative solutions.
Proposed concurrent resolution 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 proposed constitution with
alternative provisions.
(1)Provides that the committee is composed of 13 members, to be appointed by
Monday, Aug. 3, 2015, 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.
Page 17 of 22 HLS 15RS-919 ORIGINAL
HCR NO. 24
(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,
Sept. 8, 2015, 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 issues facing the state and its people and, based
upon such study, to determine if a constitutional convention is needed.
(4)Requires, 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 including: 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 Resolution (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
1, 2016, its evaluation and determination of whether or not a constitutional
convention is needed, and if it determines that a convention is needed, to also submit
its plan for the conduct of an effective constitutional convention. Requires that a
copy of such report be submitted to the governor and to the constitutional convention
when it convenes.
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HCR NO. 24
(8)Authorizes the committee to accept grants, donations, gifts, monies, aid, facilities,
and services from public or private sources which shall be recorded with the names
of the donors thereof in the record of the committee and the convention and shall be
open to inspection by any person.
(9)Provides that Evaluation and Drafting Committee members be paid the same per
diem for each day of committee work and each day of committee meeting
attendance, and makes committee members subject to the same limitations on other
compensation, as the resolution provides that the convention call will make
applicable to the compensation of 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 needed for legislative committees). 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. If the
committee determines that a convention is not necessary, provides that it shall be
dissolved upon adjournment sine die of the 2016 R.S.
Proposed concurrent resolution expresses legislative intent to call a constitutional
convention, if the Evaluation and Drafting Committee determines a constitutional
convention is needed, and to include in the call provisions making the convention subject
to the terms, conditions, and provisions set forth in the resolution as follows:
(1)The convention is to convene at noon on Sept. 5, 2017, to frame a new constitution
for the state.
(2)Provides for 123 delegates as follows:
(a)105 delegates to be elected from the House of Representatives' 2015 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. 5, 2016, 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 and the Police Jury
Association of La. appointed jointly by the associations.
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HCR NO. 24
(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
Tuesday, Nov. 8, 2016, and if a general election is necessary, on Dec. 10, 2016.
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
(election code).
(5)Provides for conduct of the elections in accordance with the election code, except for
any conflicts with the call for the convention enacted in accordance with the
resolution. 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. A vacancy must be filled within 30 days after it
occurs.
Proposed concurrent resolution provides that the call for the convention shall grant the
convention authority to frame a new state constitution, including such alternative provisions
as it deems appropriate. Provides the procedure for judicial determination of the scope of
the authority of the convention and questions relating to the scope and authority of the
convention and for expedited hearings and decisions. Requires the call to prohibit any
article or provision whereby:
(1)State or local bonded indebtedness is impaired.
(2)Terms of office of elected or appointed state or local officials are reduced or
shortened prior to the expiration of the term of office at the time the new constitution
is adopted or the salaries of such officials reduced prior to the expiration of such
terms.
(3)The state capital is removed or may be removed from Baton Rouge.
(4)Art. I (Declaration of Rights) is altered in any way.
Proposed concurrent resolution requires that the call provide for convention organization,
including the following:
(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.
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HCR NO. 24
Proposed concurrent resolution provides for the initial meeting of the convention on Sept.
5, 2017. 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 concurrent resolution includes requirements for the call relative to 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 concurrent resolution provides for the call to include the following relative to
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 June 27, 2018, 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.
(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.
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HCR NO. 24
Proposed concurrent resolution provides that the call require that the final draft of a proposed
constitution be completed not later than June 27, 2018. Requires the call also to provide
that:
(1)Upon completion of its work, the convention shall submit to the governor the
proposed constitution and any alternative provisions agreed upon.
(2)The constitution and any alternative provisions proposed for submission shall be
submitted to the people for their adoption or rejection at a special election, such
election to be called by the governor within 30 days after the draft is submitted, to
be held at the same time as the congressional primary election in 2018, to be held
and the results thereof promulgated in accordance with the La. Election Code, and
costs thereof to be paid as provided in the election code for elections in which a
constitutional amendment appears on the ballot.
(3)The favorable vote of a majority of voters voting on the respective proposition shall
be required to approve the constitution and any alternative proposals.
Proposed concurrent resolution provides for the convention to determine the manner for
submission of alternative proposals. Upon promulgation of the results of the election by the
secretary of state, if the constitution is ratified and adopted by the people, requires the
governor to 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, 2018, except as otherwise provided
in the constitution or in any alternative provisions adopted.
Page 22 of 22