HLS 16RS-799 ORIGINAL
2016 Regular Session
HOUSE BILL NO. 379
BY REPRESENTATIVES FOIL AND RICHARD
CONSTITUTION/CONVENTION: Provides for calling a limited constitutional convention
for fiscal purposes and preparations therefor
1 AN ACT
2To provide for the calling of a constitutional convention for the purpose of framing a new
3 constitution; to place restrictions on the convention and to limit the convention to the
4 consideration and submission of matters related to certain specified fiscal and related
5 subjects; to provide for legislative findings; to fix the time and place for the
6 convention; to provide for the qualifications and election and appointment of
7 delegates; to create a constitutional convention Evaluation and Drafting Committee
8 and provide for preparations and planning for the convention, including a draft of a
9 proposed constitution; to provide for the organization and staff of the convention; to
10 require that the constitution as adopted by the convention, including any alternative
11 provisions, be submitted to the qualified electors for adoption and to provide relative
12 to such submission; to provide for penalties for violations relating to elections; to
13 require appropriation of funds for the convention and provide with respect to
14 convention funds; to fix the effective date of the new constitution if approved by the
15 electorate; and to provide for related matters.
16Be it enacted by the Legislature of Louisiana:
17 Section 1. Legislative findings. The legislature finds that:
18 (A) It has been more than forty-one years since the Constitution of Louisiana
19became effective at midnight on December 31, 1974, and during these years the document
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1which constitutes the state's basic law has been amended some one hundred eighty-three
2times.
3 (B) The need to address a number of key policy areas that require constitutional
4change has become apparent, including such matters as the state's tax structure and
5budgetary practices that hamper the state's economic growth and competitiveness as well as
6the quality of life of Louisiana residents; the dedication of state revenues and the resulting
7inability of the legislature to allocate resources where needed, particularly for the needs of
8health care and higher education; the fiscal restraints on local governments that dramatically
9limit their authority to meet fiscal and budgetary demands; and other matters.
10 (C) The constitution today contains many provisions that restrict the legislature in
11effectively addressing state and constituent needs, and the document also includes extensive
12provisions that are so detailed as to be statutory rather than constitutional in nature and, as
13a result, require further constitutional amendment when any change is needed.
14 (D) A serious analysis and revision of the state constitution is needed if the state is
15to conduct a genuine examination of the state's critical needs, to undertake an in-depth
16consideration of reform proposals, and to craft provisions that allow for flexibility and
17innovation in legislative solutions to problems of the present and the future.
18 Section 2. Evaluation and Drafting Committee. (A) The Evaluation and Drafting
19Committee is hereby created. The purpose of the committee shall be to evaluate and
20determine if a constitutional convention is needed to address the needs of the state and its
21people and, if it determines that a convention is needed, to develop and propose a plan for
22the conduct of an effective constitutional convention, including, subject to the limitations
23provided by Section 6 of this Act, a draft of a proposed constitution with alternative
24proposals for provisions addressing significant policy areas.
25 (B)(1) The Evaluation and Drafting Committee shall be composed of thirteen
26members as follows:
27 (a) Two members of the Louisiana House of Representatives appointed by the
28speaker of the House of Representatives.
29 (b) Two members of the Louisiana Senate appointed by the president of the Senate.
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1 (c) Two members appointed by the governor.
2 (d) One member appointed by the chief justice of the Louisiana Supreme Court.
3 (e) A representative of the Louisiana State Law Institute appointed by the Louisiana
4State Law Institute.
5 (f) A representative of the Louisiana State University Paul M. Hebert Law Center
6or the Louisiana State University E. J. Ourso College of Business appointed by the joint
7concurrence of the chancellor of the law center and the dean of the business college.
8 (g) A representative of the Southern University Law Center or the Southern
9University College of Business appointed by the joint concurrence of the chancellor of the
10law center and the dean of the business college.
11 (h) A representative of the Tulane University Law School or the Tulane University
12A.B. Freeman School of Business appointed by the joint concurrence of the dean of the law
13school and the dean of the business school.
14 (i) A representative of the Loyola University New Orleans College of Law or the
15Loyola University New Orleans Joseph A. Butt, S.J. College of Business appointed by the
16joint concurrence of the dean of the college of law and the dean of the business college.
17 (j) A representative of the Public Affairs Research Council of Louisiana appointed
18by the council.
19 (2) The appointments required by this Subsection shall be made and shall be
20submitted to the secretary of state not later than August 1, 2016. Not later than August 8,
212016, the secretary of state shall provide each member appointed with a list of the
22membership appointed to the committee. The secretary of state shall issue a commission to
23each person appointed as provided in this Section.
24 (3) The committee shall hold its organizational meeting not later than September 7,
252016, on the call of the speaker of the House of Representatives and the president of the
26Senate acting jointly. The committee shall elect a chairman, a vice chairman, and such other
27officers as it shall find necessary.
28 (4) Any vacancy in the membership of the committee shall be filled in the manner
29of the original appointment.
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1 (C) The committee shall have the following powers and duties:
2 (1) The committee shall undertake such studies as necessary to evaluate if a
3constitutional convention is needed to address the needs of the state and its people and, based
4upon such study, shall make a determination as to whether or not a constitutional convention
5is needed.
6 (2) If the committee determines that a constitutional convention is needed, it shall
7prepare a plan for the conduct of an effective constitutional convention. Such plan shall
8include but not be limited to:
9 (a) A policy agenda for the convention which shall include:
10 (i) Subject to the limitations provided in Section 6 of this Act, identification of
11significant policy areas that must be addressed in order to propose a constitution that will
12serve the state effectively.
13 (ii) Subject to the limitations provided in Section 6 of this Act, a draft of a proposed
14constitution for the state, including provisions addressing significant policy areas identified
15as well as all other provisions necessary for an effective constitution.
16 (iii) Materials explaining the proposed provisions addressing significant policy areas
17and the reasons therefor.
18 (iv) Alternative proposals for provisions addressing significant policy areas, together
19with explanations and explanatory materials therefor. The committee shall include multiple
20optional approaches and solutions as appropriate to facilitate the work of the convention in
21addressing issues.
22 (v) Pertinent background material and data relative to significant policy areas.
23 (b) Background and other materials that the committee determines will be useful to
24the work of the convention.
25 (c) Proposals for elimination of statutory materials from the constitution, together
26with recommendations for legislative action relative thereto.
27 (d) Recommendations for convention organization and deliberations, including
28significant provisions for rules of procedure.
29 (e) Recommendations for budget needs for effective conduct of a convention.
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1 (f) Recommendations for procedures for submission of alternative proposals to the
2voters and ballot structure.
3 (3) The committee shall undertake all necessary study and analysis necessary to
4complete such plan and submit such plan to the legislature as required by this Section.
5 (D) The committee may create or appoint advisory committees or task forces to act
6in an advisory capacity or to assist in its studies, composed of such representatives of the
7public or private sectors as it deems appropriate.
8 (E)(1) As soon as possible after the members of the Evaluation and Drafting
9Committee have been appointed, the committee shall assemble such staff as it shall deem
10necessary to assist it in completing its duties on a timely basis. Such staff may include:
11 (a) Such professional, research, and other employees as the committee shall deem
12necessary to carry out its duties. The Evaluation and Drafting Committee may employ such
13staff personnel and establish their compensation which shall be paid as provided in
14Paragraph (G)(3) of this Section.
15 (b) Personnel provided by the Louisiana State University, Southern University,
16Tulane University, and Loyola University law schools from the faculty as requested by the
17committee.
18 (2) In addition, to assist the committee in its work, the committee may utilize the
19personnel, facilities, and services of the legislative auditor, the legislative fiscal officer, and
20the staffs of the House of Representatives and the Senate, and the committee may request
21and utilize such counsel, assistance, personnel, facilities, and advice as may be obtained
22from any and all public sources and from any and all private sources, including but not
23necessarily restricted to universities, colleges, foundations, charitable corporations, private
24research agencies, individuals, and organizations.
25 (3) The committee may call upon the members or staffs of any and all departments
26or agencies of the state for data and assistance, and all such departments and agencies shall
27cooperate with the committee.
28 (F) The committee shall submit to the legislature its evaluation and determination
29of whether or not a constitutional convention is needed, and if it determines that a
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1convention is needed, it shall also submit to the legislature, accompanying such evaluation,
2a plan for the conduct of an effective constitutional convention as provided in Paragraph
3(C)(2) of this Section. The committee shall complete its work and make the submission to
4the legislature required by this Section no later than March 20, 2017. The committee shall
5submit a copy of such report to the governor. If and when the constitutional convention
6convenes as provided in Section 3 of this Act, the committee shall submit a copy of the plan
7to the convention.
8 (G)(1) The committee may accept grants, donations, gifts, monies, aid, facilities,
9and services from public or private sources for the purpose of completing its work and
10preparing and submitting the plan for the conduct of the constitutional convention as
11required by this Section. Any such grants, monies, facilities, services, and donations, as well
12as the names of the donors thereof, shall be recorded in the records of the proceedings of the
13committee and of the convention, and such records shall be open to inspection by any
14person.
15 (2) The members of the Evaluation and Drafting Committee shall be paid the same
16per diem for each day of conducting the work of the committee and for each day of
17attendance at meetings of the committee as is provided in Section 9 of this Act for
18convention delegates, and the members of the committee shall be subject to limitations on
19other compensation for committee work as provided in that Section for convention work by
20convention delegates.
21 (3) Per diem of committee members and all other expenses directly incurred by the
22committee may be paid from any funds available for the purpose and, with the approval of
23the presiding officers of the two houses of the Louisiana Legislature, from funds available
24to such presiding officers for expenses of the legislature.
25 (H) Legislative committee rooms in the state capitol shall be available for use by the
26committee, unless required for legislative committee meetings. In addition, the committee
27may use the facilities and services of any board, commission, department, or agency of the
28state or of any political subdivision of the state, and all such entities shall cooperate with the
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1committee to the fullest extent in furnishing services and facilities upon request. In addition,
2the committee may use the facilities and services of other persons and organizations.
3 (I) If the Evaluation and Drafting Committee determines that a constitutional
4convention is needed, the Evaluation and Drafting Committee shall be dissolved thirty days
5after submission of a copy of the plan for the conduct of the constitutional convention to the
6convention, except that if a different termination date is provided in the rules of the
7convention, the Evaluation and Drafting Committee shall be dissolved on that date.
8However, if the Evaluation and Drafting Committee determines that a convention is not
9necessary, the Evaluation and Drafting Committee shall be dissolved upon adjournment sine
10die of the 2017 Regular Session of the Legislature of Louisiana.
11 Section 3. Call for convention; delegates. (A) A constitutional convention is hereby
12called, to convene on January 8, 2018, at noon, which shall be held for the purpose of
13framing a new constitution for the state of Louisiana subject to the terms, conditions, and
14provisions in this Act.
15 (B)(1) There shall be one hundred twenty-three delegates to the convention, as
16follows:
17 (a) One delegate shall be elected from each of the districts from which members of
18the House of Representatives of the Louisiana Legislature were elected in 2015.
19 (b) The members of the constitutional convention Evaluation and Drafting
20Committee, appointed as provided in Section 2 of this Act, shall be delegates to the
21convention.
22 (c) Five additional delegates shall be appointed as follows:
23 (i) A representative of the Louisiana Association of Business and Industry appointed
24by the association.
25 (ii) A representative of the Louisiana AFL-CIO appointed by the Louisiana AFL-
26CIO.
27 (iii) A representative of the League of Women Voters of Louisiana appointed by the
28league.
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1 (iv) A member of any Louisiana chapter of the National Association for the
2Advancement of Colored People appointed by the chairman of the national board of
3directors of the association.
4 (v) A representative of the Louisiana Municipal Association or the Police Jury
5Association of Louisiana appointed by the joint concurrence of the two associations.
6 (2) The appointments required by this Subsection shall be made and shall be
7submitted to the secretary of state not later than December 15, 2017.
8 (3) The secretary of state shall issue a commission to each delegate selected as
9provided in this Section.
10 (4) Each delegate to the convention shall be an elector of the state of Louisiana, shall
11be at least eighteen years of age, and shall be a resident of the state of Louisiana. In
12addition, each delegate elected from a representative district shall be a resident of the district
13from which he is elected at the time he qualifies as a candidate for election as a delegate.
14 (5) The election or appointment of any public official or public employee as a
15delegate to the convention and his service in the convention or as a member of the
16Evaluation and Drafting Committee and his service on the committee and the appointment
17of any public official or public employee to the staff of the convention or the staff of the
18Evaluation and Drafting Committee and his service on such staff, as authorized and provided
19in this Act, shall not be construed to constitute dual officeholding or dual employment within
20the prohibitions of Part III of Chapter 2 of Title 42 of the Louisiana Revised Statutes of
211950. However, a delegate elected from a representative district shall be considered an
22elected official within the scope of and subject to the provisions of Chapter 15 of Title 42
23of the Louisiana Revised Statutes of 1950. A delegate who is not an elected delegate, a
24member of the Evaluation and Drafting Committee, and a member of the staff of the
25convention or of the Evaluation and Drafting Committee shall be considered a public
26employee within the scope of and subject to the provisions of Chapter 15 of Title 42 of the
27Louisiana Revised Statutes of 1950. For purposes of Chapter 15 of Title 42 of the Louisiana
28Revised Statutes of 1950, the agency and the governmental entity of delegates and staff
29members of the convention shall be the convention, and the agency and the governmental
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1entity of members and staff members of the Evaluation and Drafting Committee shall be
2both the committee and the convention. For purposes of any other office or employment of
3any such delegate, committee member, or staff member, the provisions of Chapter 15 of
4Title 42 of the Louisiana Revised Statutes of 1950 shall remain applicable. The delegates
5to the convention, the staff of the convention, and the members and staff of the Evaluation
6and Drafting Committee shall be subject to the public bribery provisions of the laws of this
7state.
8 (6) Each candidate for election as a delegate to the constitutional convention and
9each elected delegate is subject to the provisions of the Campaign Finance Disclosure Act
10and the office of delegate shall be a district office for the purposes of that Act.
11 (7) Any attorney at law serving as a delegate to the convention shall be entitled to
12the absolute right of the continuance of any case in which he is bona fide counsel of record
13in any court of the state during his attendance upon the sessions and work of the convention.
14 (C)(1) The one hundred five delegates to the convention to be elected from
15representative districts shall be elected at a special election to be held as provided in this Act.
16The special primary election for such delegates shall be held at the primary election on
17October 14, 2017, and, if necessary, the special general election for delegates shall be held
18at a statewide election to be held on November 18, 2017. Not later than June 14, 2017, the
19governor shall issue a proclamation and give notice of the election to be held under this
20Section. Each person desiring to become a candidate for election as a delegate from a
21representative district shall qualify as a candidate from the particular representative district
22he seeks to represent by filing a statement of candidacy with the clerk of court for the parish
23in which the candidate is registered to vote during the qualifying period for candidates in the
24primary election on October 14, 2017, as otherwise provided by law. Qualification as a
25candidate shall be without regard to party affiliation.
26 (2) The election of a person to the office of delegate shall be in accordance with
27provisions for the election of candidates for public office in the Louisiana Election Code.
28 Section 4. Conduct of election for elected delegates. (A) Except as otherwise
29provided in this Act, the primary and general elections for convention delegates shall be
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1conducted and the results thereof published and promulgated in accordance with the
2Louisiana Election Code. All qualified electors shall be entitled to vote in their respective
3election precincts without regard to party affiliation. The votes for candidates for the office
4of delegate shall be tabulated as in the case of candidates for public office.
5 (B) The costs of the elections authorized by this Act for election of delegates shall
6be paid as provided by the Louisiana Election Code for payment of costs of elections in
7which a candidate for the state legislature appears on the ballot.
8 (C) All offenses, prosecutions, penalties, and punishments arising out of or in
9connection with the elections required by this Act shall be governed by the applicable laws
10of the state.
11 Section 5. Vacancies. In the event of the death or the inability or unwillingness of
12any elected delegate to serve, whether before or during the convention, the speaker of the
13House of Representatives, the president of the Senate, and the governor shall fill such
14vacancy by appointment, by unanimous consent of the three officials, of a person from the
15same district who possesses the qualifications for delegate. In the event of the death or the
16inability or unwillingness to serve of any other delegate, the vacancy shall be filled in the
17same manner as the original selection within thirty days after the vacancy.
18 Section 6.(A) The convention shall have authority to frame a new constitution for
19the state, including such alternative provisions as it deems appropriate, which shall be
20submitted to the electors of the state for their approval or rejection. However, in revising
21the constitution, the convention may propose only such changes in the constitution as
22specified in this Section.
23 (B) The convention shall have authority to propose substantive changes, including
24one or more alternative provisions, only with respect to matters of state and local
25government finance, including the raising of revenue and the allocation and expenditure of
26funds therefor and the review, limitation, or control of the expenditure of funds; specifically,
27the convention may propose such substantive changes, including one or more alternative
28provisions, with respect to matters contained in the following provisions of the Constitution
29of Louisiana of 1974, as amended, and no other:
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1 (1) Article VI, entitled "Local Government", but only with respect to Part II entitled
2"Finance" and comprised of Sections 26 through 37; and Part III, entitled "Levee Districts
3and Regional Flood Protection Authorities" and comprised of Sections 38 through 42.
4 (2) Article VII, entitled "Revenue and Finance".
5 (C)(1) The convention shall not propose substantive changes to any provisions of the
6constitution not set forth in Subsection (B) of this Section.
7 (2) The convention shall not propose any changes that will:
8 (a) Change or affect Article I of the constitution, entitled "Declaration of Rights" in
9any way.
10 (b) Cause any bonded or other indebtedness of the state or of any parish,
11municipality, district, or other political subdivision or authority of the state to be impaired.
12 (c) Cause the term of office of any elected or of any appointed official of the state
13or of any political subdivision thereof to be reduced or shortened prior to the expiration of
14the term of office being held at the time of the adoption of the new constitution, or cause the
15salary of any such official to be reduced prior to the expiration of the term of office being
16held at the time of the adoption of a new constitution.
17 (d) Remove or permit the removal of the state capital from Baton Rouge.
18 (D) In addition to the authority to propose substantive changes as provided in
19Subsections (B) and (C) of this Section, but solely for the purposes of orderly arrangement,
20style and conformity, the convention may incorporate in its proposed revision or in any
21alternative provision nonsubstantive changes in other provisions of the constitution but only
22to the extent that they are: (1) germane to the matters enumerated in Subsection (B) of this
23Section and (2) essential in order to conform to the substantive changes being proposed. For
24the same purposes, the convention may: (1) renumber or rearrange provisions, (2) transfer
25or divide provisions, (3) change reference designations to conform to redesignated
26provisions, and (4) make any other purely formal or clerical changes in keeping with the
27purpose of the revision.
28 (E) Any action by the convention in contravention of the provisions of this Section
29shall be null and void and of no effect.
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1 (F) Any action to determine a question of the construction or validity of this Act, to
2determine the scope of authority of the convention, or to determine the conformity of any
3action of the convention with the provisions of this Act shall be brought in the Nineteenth
4Judicial District Court. The matter shall be tried by preference over other matters and the
5court shall render a decision as soon as practicable. In the event of an appeal, the appellate
6court shall place the matter on its preferential docket, shall hear it without delay, and shall
7render a decision as soon as practicable.
8 Section 7. Convention organization. (A)(1) The delegates to the convention chosen
9as provided in this Act shall meet in the House Chamber in the state capitol, or at such other
10suitable location in the capital city as shall be determined jointly by the presiding officers
11of the legislature, at noon on Monday, January 8, 2018. The chief justice, or in his absence
12any associate justice of the supreme court designated by the court, shall attend the
13convention at the opening thereof and shall preside until the chairman has been elected. The
14secretary of state shall attend the opening of the convention and call the roll of the delegates,
15whereupon the temporary presiding officer shall administer to the delegates the following
16oath:
17 "I, . . ., do solemnly swear (or affirm) that I will support the constitution and laws of
18the United States and the constitution and laws of this state and that I will faithfully and
19impartially discharge and perform all the duties incumbent on me as a delegate to the
20convention, according to the best of my ability and understanding, and that I will observe
21and obey the limitation of authority contained in the Act under which this convention has
22assembled. So help me God."
23 (2) No delegate shall be qualified to serve as such unless and until he has taken and
24subscribed to the oath in Paragraph (1) of this Subsection.
25 (B) After the oath has been administered, the delegates shall proceed to effect the
26permanent organization of the convention and shall:
27 (1) Adopt rules of procedure for the convention, which rules shall not be inconsistent
28with the provisions of this Act.
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1 (2) Elect from among their number a chairman, a vice chairman, and such other
2officers as they deem necessary.
3 (3) Elect from among their number an executive committee, the membership of
4which shall be determined by the delegates but which shall include among its members all
5of the elected officers of the convention.
6 (4) Elect a chief clerical officer of the convention who shall not be a delegate and
7whose duties shall be provided by the rules of procedure for the convention.
8 (5) Take such other actions as they deem necessary to effect a permanent
9organization of the convention.
10 (C) Prior to the convening of the convention, members of the House of
11Representatives and Senate staffs as designated by the presiding officers of the legislature
12shall prepare a draft of rules of procedure for consideration, amendment, and adoption by
13the convention when it convenes. Such proposed rules shall be based upon the rules of the
14constitutional convention convened in 1973, except as inconsistent with the provisions of
15this Act. The rules of procedure adopted by the convention shall be subject to later change
16as the delegates shall provide therein. No delegate shall be allowed to vote by proxy and the
17rules shall so provide. No committee of the convention, including the executive committee,
18shall exceed seventeen members and the rules shall so provide.
19 (D) After completing organizational activities, the convention may meet either as
20a full body or in committees until it completes its duties as provided in this Act.
21 Section 8. Staff; budget; committees. (A) As soon as possible after the members
22of the executive committee are elected, the executive committee shall employ a research
23director, research assistants, and secretarial and clerical personnel in accordance with the
24provisions of Subsection B of this Section and may also employ such other professional,
25research, technical, and clerical employees as the committee deems necessary.
26Compensation of staff personnel shall be established by the executive committee.
27 (B) The staff of the constitutional convention may include but shall not be limited
28to the following who shall not be delegates to the convention:
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1 (1) A director of research who shall possess such qualifications as determined by the
2committee.
3 (2) Research assistants in such number and possessing such qualifications as
4determined by the committee.
5 (3) Personnel provided by the Louisiana State University, Tulane University, Loyola
6University, and Southern University law schools from the faculty as requested by the
7committee.
8 (4) Such other staff as the executive committee deems necessary.
9 (C) The secretary of state shall advertise for applicants for the staff of the
10constitutional convention and shall receive such applications for staff service prior to the
11first meeting of the convention. He shall present the applications he has received to the
12executive committee on the day the convention convenes. If the executive committee deems
13necessary, it may receive additional applications after the convention convenes.
14 (D) As soon as possible after the members of the executive committee are elected,
15the executive committee shall prepare a budget of anticipated expenses of the convention,
16including staff salaries and other necessary expenditures, based on the amount of the
17appropriation for the convention and any other funds available for expenditure.
18 (E) The executive committee may create and establish such substantive and
19procedural committees as it deems appropriate. The chairman of the convention shall
20appoint the chairman, vice chairman, and the membership of each such committee.
21 (F) Unless the legislature is in session, the House chamber and the legislative
22committee rooms in the state capitol shall be available for use by the convention and its
23committees. If the facilities at the state capitol are not available or are not sufficient for use
24by the convention or its committees, the convention or its committees shall meet at a suitable
25location in the capital city, which location shall be determined by the chairman of the
26convention, and public notice of the location shall be given and posted at suitable locations
27in the state capitol. The convention shall have full authority to use the facilities and services
28of any board, commission, department, or agency of the state or of any political subdivision
29of the state, and all such entities shall cooperate with the convention to the fullest extent in
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1furnishing services, facilities, and employees upon request. In addition, the convention may
2use the facilities and services of other persons and organizations.
3 (G) The convention shall have full authority to accept grants, monies, aid, facilities,
4and services from public or private sources for the purpose of accomplishing its task of
5framing a new constitution. Any such grants, monies, facilities, services, and donations, as
6well as the names of the donors thereof, shall be recorded in the record of the proceedings
7of the convention, and such records shall be open to inspection by any person.
8 (H) The final draft of the proposed constitution shall be completed no later than May
930, 2018.
10 Section 9. Compensation of delegates. The delegates to the convention shall receive
11a per diem for each day of actual attendance at meetings of the convention or of committees
12thereof in the amount provided for members of the legislature for attendance at legislative
13sessions, but no delegate shall be paid a per diem after May 30, 2018, or the date the final
14draft is completed, whichever is earlier. No delegate may accept any other compensation
15from any source for work performed as a delegate to the convention. However, if a delegate
16is engaged in regular, bona fide employment, should the delegate's employer choose to
17continue to pay the usual compensation while the delegate is engaged in the work of the
18convention, such delegate may accept that compensation, notwithstanding any provision of
19law to the contrary.
20 Section 10. Appropriation; use of funds. (A) Any appropriation for the expenses
21of the convention shall be used solely to defray the necessary expenses of the constitutional
22convention for which provision is made in this Act, including the payment of per diem of
23delegates, salaries, and expenses of necessary employees, supplies, materials, equipment,
24printing, and reproduction of materials, and all other necessary expenses incurred in
25connection with the convention and its work.
26 (B) Any funds appropriated for the convention shall be withdrawn from the state
27treasury in accordance with warrants signed by the chairman of the convention, and all
28checks for the disbursement of funds shall be signed by the chairman and the vice chairman
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1of the convention or by the chairman or vice chairman and such other person as shall be
2designated by the convention.
3 (C) The legislature shall make adequate appropriations to the convention for so long
4as the convention remains in existence and for so long thereafter as is necessary to assure
5the payment of all expenses incurred in connection with the work of the convention. The
6convention shall not be deemed to be a budget unit of the state and therefore shall not be
7subject to the provisions of Chapter 1 of Title 39 of the Louisiana Revised Statutes of 1950.
8The financial books and records of the convention, however, shall be subject to audit by the
9legislative auditor.
10 Section 11. Submission of proposed constitution; election. (A) Upon completion
11of its work, and not later than June 15, 2018, and subject to the limitations provided in
12Section 6 of this Act, the convention shall submit a proposed draft of a new constitution for
13the state to the governor. At the discretion of the convention, but subject to the limitations
14provided in Section 6 of this Act, the convention may also propose and submit at the same
15time such alternative provisions as it deems appropriate. The constitution as drafted by the
16convention, together with any alternative provisions proposed for submission, shall be
17submitted to the people for adoption or rejection. Within fifteen days after submission of
18the proposed draft to the governor, he shall by proclamation call an election to be held at the
19same time as the congressional primary election in 2018 for the purpose of submitting the
20proposed draft and any alternative provisions to the people for adoption or rejection.
21 (B) The election shall be held and the results shall be promulgated in accordance
22with the Louisiana Election Code. All electors duly qualified to vote in the state at the time
23of the election shall be entitled to vote without regard to party affiliation in their respective
24precincts on the proposition for or against adoption of the revision and on the question or
25questions of adoption of such alternative provisions as may be proposed by the convention.
26The costs of the election shall be paid as provided in the Louisiana Election Code for
27elections in which a constitutional amendment appears on the ballot.
28 (C) The convention may submit to the electors of the state the proposal of
29acceptance or rejection of the constitution and any alternative provisions in such form and
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1manner as it may determine and may direct the proper election officials to take the necessary
2steps to effectuate such determination of the convention in presenting the proposed
3constitution and any alternative provisions to the electors. Adoption of the constitution and
4of any such alternative provisions shall require the favorable vote of a majority of the
5electors voting on the respective proposition.
6 (D) Upon promulgation of the results of the election by the secretary of state, if the
7constitution is ratified and adopted by the people in the election for which provision is made
8in this Section, the governor shall proclaim the constitution, including such alternative
9provisions as are adopted by the people at the election, to be the Constitution of Louisiana.
10The constitution, including such alternative provisions as are so adopted, shall become
11effective at midnight on December 31, 2018, except as otherwise provided in the constitution
12adopted or in any such alternative provisions adopted.
13 Section 12. If any provision or application of this Act that authorizes the convention
14to consider only certain subject matters and certain provisions of the constitution and
15prohibits the convention from considering other subject matters and provisions is held
16invalid, including without limitation any provision of Section 6 of this Act, then this entire
17Act shall be invalid and of no effect. However, if any other provision of this Act or the
18application thereof is held invalid, such invalidity shall not affect other provisions or
19applications of this Act that can be given effect without the invalid provision or application.
20 Section 13. This Act shall become effective upon signature by the governor or, if not
21signed by the governor, upon expiration of the time for bills to become law without signature
22by the governor, as provided in Article III, Section 18 of the Constitution of Louisiana. If
23vetoed by the governor and subsequently approved by the legislature, this Act shall become
24effective on the day following such approval.
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HB NO. 379
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)]
HB 379 Original 2016 Regular Session Foil
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. 8, 2018, to
be composed of 123 delegates, 105 elected from representative districts and 18
appointed. Requires convention to complete a new constitution by May 30, 2018.
Limits convention to changes relative to state and local finance, raising revenue, and
allocation and expenditure of funds.
Proposed law states legislative findings that there is a need to address a number of key policy
areas that require constitutional change, that the constitution restricts the legislature in
effectively addressing state and constituent needs, and that a serious analysis and revision
of the state constitution is needed to conduct an examination of the state's critical needs, to
consider reform proposals, and to craft provisions that allow legislative solutions.
Evaluation and Drafting Committee
Proposed law creates the Evaluation and Drafting Committee. Provides that its purpose is
to evaluate and determine if a constitutional convention is needed, and if it determines that
a convention is needed, to develop and propose a plan for the conduct of an effective
constitutional convention, including a draft of a proposed constitution with alternative
provisions, subject to subject matter limitations applicable to the convention. (See
Constitutional Convention section below)
(1)Provides that the committee is composed of 13 members to be appointed by Aug. 1,
2016, 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.
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(2)Requires the committee to hold its organizational meeting not later than Sept. 7,
2016, and elect a chairman, a vice chairman, and other officers it finds necessary.
Provides for filling of committee vacancies in the manner of the original
appointments.
(3)Requires the committee to undertake studies necessary to evaluate if a constitutional
convention is needed to address the needs of the state and its people and, based upon
such study, to determine if a constitutional convention is needed.
(4)Provides, if the committee determines that a constitutional convention is needed, that
the committee prepare a plan for the conduct of an effective constitutional
convention, such plan to include:
(a)A policy agenda for the convention which shall include (subject to subject
matter limitations on the convention described below): identification of
significant policy areas to be addressed; a draft of a proposed constitution,
including provisions addressing significant policy areas and other necessary
provisions; materials explaining the significant policy issue proposals;
alternative proposals on significant policy areas, together with explanations
and explanatory materials (to include multiple optional approaches and
solutions); pertinent background material and data on significant policy
areas.
(b)Background and other materials useful to the convention.
(c)Proposals for elimination of statutory materials and recommendations for
legislative action relative thereto.
(d)Recommendations for convention organization and deliberations, including
significant rules of procedure.
(e)Recommendations for convention budget needs.
(f)Recommendations for procedures for submission of alternative proposals to
the voters and ballot structure.
(5)Authorizes the committee to create or appoint advisory committees or task forces to
advise or assist in its studies, composed of representatives of the public or private
sectors.
(6)Requires the Evaluation and Drafting Committee to assemble necessary staff, to
include: committee employees (authorizes employment of professional, research, and
other employees with compensation to be established by the committee and paid as
provided in the Act) (see 9 below); personnel provided by the LSU, Southern
University, Tulane University, and Loyola University law schools from the faculty
as requested by the committee. Authorizes the committee to use personnel, facilities,
and services of the legislative auditor, the legislative fiscal officer, and the staffs of
the House of Representatives and the Senate, and to request and utilize counsel,
assistance, personnel, facilities, and advice from public and private sources.
Authorizes the committee to call upon the members or staffs of state departments or
agencies for data and assistance and requires them to cooperate with the committee.
(7)Requires the committee to complete its work and submit to the legislature by March
20, 2017, 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.
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(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 section 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 2017 R.S.
Constitutional Convention
Proposed law provides for a constitutional convention as follows:
(1)Calls the convention to convene at noon on Jan. 8, 2018, 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 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. 15, 2017, as follows:
(i)A representative of the La. Assoc. 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 Assoc. 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 Assoc. or the Police Jury
Assoc. 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.
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(4)Provides that the election for delegates shall be held at the primary election on Oct.
14, 2017, and if a general election is necessary, on Nov. 18, 2017. Candidates
qualify without regard to party affiliation. Election is to be in accordance with
provisions for election of candidates for public office in the La. Election Code.
(5)Provides for conduct of the elections in accordance with the election code, except for
any conflicts with the Act. Voters vote without regard to party affiliation. Provides
for application of state law to tabulation of votes in delegates' election. Provides for
election costs to be paid as provided by the La. Election Code as in the case of
elections for the state legislature.
(6)Provides for filling of vacancies in elected delegates' offices by joint appointment by
the governor, the speaker of the House, and the president of the Senate of a qualified
person from the same district. Provides for filling other vacancies in the same
manner as the original selection within 30 days of vacancy.
Proposed law grants to the convention the authority to frame a new state constitution,
including such alternative provisions as it deems appropriate. However, provides that the
convention may propose substantive changes only with respect to matters of state and local
government finance and the raising of revenue and the allocation and expenditure of funds
therefor, including review, limitation, or control of the expenditure of funds. Specifies that
the convention may propose such substantive changes, including alternative provisions, with
respect to matters contained in the following provisions of the Constitution of La. of 1974,
as amended, and no other:
(1)Article VI (Local Government) but only Part II (Finance) and Part III (Levee
Districts and Regional Flood Protection Authorities).
(2)Article VII (Revenue and Finance).
Prohibits the convention from proposing substantive changes to any provisions of the
constitution not listed above. Further prohibits any changes that will:
(1)Change or affect Article I (Declaration of Rights) in any way.
(2)Cause indebtedness of the state or of any parish, municipality, district, or other
political subdivision or authority to be impaired.
(3)Cause the term of office of state or local elected or appointed officials to be reduced
prior to the expiration of the term held at the time of the adoption of the new
constitution, or cause the salary of any such official to be reduced prior to the
expiration of such term.
(4)Remove or permit the removal of the state capital from Baton Rouge.
Further permits the convention, solely for the purposes of orderly arrangement, style and
conformity, to incorporate nonsubstantive changes in other provisions of the constitution but
only to the extent that they are: (1) germane to the specified matters and (2) essential in order
to conform to the substantive changes being proposed. Also permits the convention, for the
same purposes, to: (1) renumber or rearrange provisions, (2) transfer or divide provisions,
(3) change reference designations to conform to redesignated provisions, and (4) make any
other purely formal or clerical changes in keeping with the purpose of the revision.
Provides that any action by the convention in contravention of the provisions relative to
substantive restrictions shall be null and void and of no effect.
Provides the procedure for judicial determination of the scope of the authority of the
convention, questions relating to the construction and validity of the Act, or conformity of
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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. 8, 2018. Provides
that after organizational activities are completed, the convention may meet either as a full
body or in committees until it completes its duties.
Proposed law provides for convention staff, budget, committees, meeting site, and other
assistance:
(1)Requires the executive committee to employ a research director, research and
clerical staff, and other employees deemed necessary. Specifies certain staff
membership. Provides for soliciting staff applications. Provides for executive
committee to set staff compensation.
(2)Provides that staff may include but not be limited to a research director, research
assistants, personnel provided by the four law schools from the faculty as requested
by the committee, and such other staff as deemed necessary by the executive
committee. Requires the secretary of state, prior to the first meeting of the
convention, to advertise and receive applications for staff service and present those
applications to the executive committee on the day the convention convenes.
(3)Requires the executive committee to prepare a budget of anticipated expenses of the
convention, based on the amount of the appropriation for the convention and any
other funds available for expenditure.
(4)Authorizes the executive committee to establish any substantive or procedural
committees it deems necessary. Provides that the chairman of the convention
appoint the chairman, vice chairman, and membership of each such committee.
(5)Requires that the House Chamber and the legislative committee rooms in the state
capitol be available for convention use, unless the legislature is in session.
Authorizes the convention to meet elsewhere in Baton Rouge as determined by the
chairman when state capitol facilities are not available or are insufficient.
(6)Authorizes convention use of facilities and services of state departments and
agencies and of political subdivisions and requires their cooperation in furnishing
services, facilities, and employees. Authorizes the convention to accept grants,
facilities, and services from public and private sources, with such to be recorded in
convention records which shall be open for inspection.
Proposed law provides for compensation of delegates and payment of convention expenses:
(1)Provides per diem for delegates in the same amount provided for the legislature for
each day of actual attendance at meetings of the convention or committees thereof.
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Prohibits payment of per diem after May 30, 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. 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 May 30, 2018. 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 June 15, 2018.
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 congressional primary election in 2018 (Nov. 6, 2018). Provides for the
election to be held and the results thereof promulgated in accordance with the La. Election
Code and for costs to be paid as provided in the election code for elections in which a
constitutional amendment appears on the ballot. Voters are allowed to vote without regard
to party affiliation. Requires a majority vote to approve the constitution and any alternative
proposals.
Proposed law, requires, upon promulgation of the results of the election by the secretary of
state if the constitution is ratified and adopted by the people, that the governor proclaim the
constitution, including alternative provisions adopted, to be the Constitution of La. Provides
that the constitution and any such alternative provisions adopted shall become effective at
midnight on Dec. 31, 2018, 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 by 8/1/16
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What Date
Evaluation & Drafting Committee organizational meeting by9/7/16
Evaluation & Drafting Committee to complete work by 3/20/17
Dissolution of Evaluation and Drafting Committee If committee finds convention
not needed – adjournment sine
die of 2017 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 10/14/17 & 11/18/17
Five additional convention delegates appointed & submitted
to secretary of state by
12/15/17
Convention to convene 1/8/18 (noon)
Convention to complete final draft & deadline for delegates'
per diem
5/30/18
Convention to submit draft constitution to the governor by 6/15/18
Election for submission of proposed constitution 11/6/18 (Congressional
primary election)
Constitution becomes effective if adopted 12/31/18 (midnight)
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