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.
(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.
(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.
(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. 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.
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.