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 323 Original 2018 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. 6, 2020, to be composed of 132 delegates,
105 elected from representative districts and 27 appointed. Requires convention to complete
a new constitution by May 20, 2020. Limits convention to changes relative to state and local
finance, raising revenue, allocation and expenditure of funds, education funding, and higher
education.
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 27 members to be appointed by August 1, 2018,
as follows:
(a)A member appointed with the concurrence of the Public Affairs Research Council
of La., the Louisiana Budget Project, and the Council for a Better Louisiana.
(b)A member appointed with the concurrence of the La. Association of Business and
Industry and the National Federation of Independent Business.
(c)A member appointed with the concurrence of Blueprint La. and the Committee of
100 for Economic Development.
(d)A representative of the La. AFL-CIO appointed by the La. AFL-CIO.
(e)A member of any La. chapter of the National Association for the Advancement of
Colored People appointed by the chairman of the national board of directors of the
association. (f)A representative of elected parish officials appointed with the concurrence of the La.
Sheriffs' Association, the La. Assessors' Association, and the La. Clerks of Court
Association.
(g)A representative of local governmental bodies appointed with the concurrence of the
La. Municipal Association, the Police Jury Association of La., and the La. School
Boards Association.
(h)One representative of the La. State Law Institute appointed by the La. State Law
Institute.
(i)A representative of the La. State University system appointed by the Board of
Supervisors of La. State University and Agricultural and Mechanical College.
(j)A representative of the Southern University system appointed by Board of
Supervisors of Southern University and Agricultural and Mechanical College.
(k)A representative of the University of La. System appointed by the Board of
Supervisors for the University of La. system.
(l)One member appointed by the La. Association of Independent Colleges and
Universities.
(m)A representative of the La. Farm Bureau Federation appointed by the La. Farm
Bureau board of directors.
(n)One member appointed with the concurrence of the La. District Judges Association,
the Conference of Court of Appeal Judges, and the chief justice of the La. Supreme
Court.
(o)Four members of the La. House of Representatives appointed by the speaker of the
House of Representatives.
(p)Four members of the La. Senate appointed by the president of the Senate.
(q)Four members appointed by the governor.
(r)One representative of the La. Tax Institute appointed by the board of the La. Tax
Institute.
(2)Requires the committee to hold its organizational meeting not later than Sept. 5, 2018. 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); and 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 request the provision of staff including
any professional, research, and other employees necessary to accomplish its duties timely;
and 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 Feb. 27, 2019,
its evaluation and determination of whether or not a constitutional convention is needed, and
if it determines that a convention is needed, to also submit its plan for the conduct of an
effective constitutional convention. Requires that a copy of such report be submitted to the
governor and to the constitutional convention if and when it convenes.
(8)Authorizes the committee to accept grants, donations, gifts, monies, aid, facilities, and
services from public or private sources which shall be recorded with donor names in the
records of the committee and the convention and shall be open to inspection by any person.
(9)Makes committee members subject to the same limitations on other compensation as
provided for convention delegates. (See Constitutional Convention section below). Provides
that 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 2019 R.S.
Constitutional Convention
Proposed law provides for a constitutional convention as follows:
(1)Calls the convention to convene at noon on Jan. 6, 2020, to frame a new constitution for the
state, subject to the terms, conditions, and provisions of the Act.
(2)Provides for 132 delegates as follows:
(a)105 delegates to be elected from House of Representatives 2015 election districts at
the regularly scheduled gubernatorial election in 2019.
(b)27 delegates who shall be the members of the Evaluation and Drafting Committee
(see above).
(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, and, in the case of elected
delegates and candidates for delegate, the campaign finance laws. Further, members of the
Evaluation and Drafting Committee, delegates, and staff are considered public officers,
public officials, public employees, or person in a position of public authority for purposes
of the application of the provisions of the La. Criminal code. Attorney delegates are entitled
to continuance of cases in which they are counsel of record while attending sessions and
convention work.
(4)Provides that the election for delegates shall be held at the primary election on Oct. 12, 2019,
and if a general election is necessary, on Nov. 16, 2019. 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 higher
education, which authority regarding such matters shall be limited to proposals regarding the raising
of revenue; the allocation and expenditure of funds; the review, limitation, or control of the
expenditure of funds; education funding; and the management and control of higher education
institutions. 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).
(3) Article VIII (Education), but only with respect to Sections 5, 6, 7, 7.1, 8, 12, and 13 (MFP
& Higher Ed management & funding).
(4)Article XIV (Transitional Provisions), but only as necessary to provide an orderly transition
for proposed changes pursuant Paragraphs (1), (2), and (3) above.
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 officials to be reduced prior to the expiration
of the term held at the time of the adoption of the new constitution, or cause the salary of any
such official to be reduced prior to the expiration of such term.
(4)Remove or permit the removal of the state capital from Baton Rouge.
Further permits the convention, solely for the purposes of orderly arrangement, style and conformity,
to incorporate nonsubstantive changes in other provisions of the constitution but only to the extent
that they are: (1) germane to the specified matters and (2) essential in order to conform to the
substantive changes being proposed. Also permits the convention, for the same purposes, to: (1)
renumber or rearrange provisions, (2) transfer or divide provisions, (3) change reference designations to conform to redesignated provisions, and (4) make any other purely formal or clerical changes in
keeping with the purpose of the revision.
Provides that any action by the convention in contravention of the provisions relative to substantive
restrictions shall be null and void and of no effect.
Provides the procedure for judicial determination of the scope of the authority of the convention,
questions relating to the construction and validity of the Act, or conformity of any action of the
convention with the provisions of the Act and also provides for expedited hearings and decisions.
Proposed law provides for convention organization:
(1)Includes provisions for oath for delegates; adoption of rules; election of chairman, vice
chairman, chief clerical officer, and other officers deemed necessary by the convention; and
election of an executive committee which shall include all of the elected officers of the
convention; and other actions necessary to organize.
(2)Provides for House and Senate staff designated by the presiding officers of the legislature,
prior to the convention, to prepare rules of procedure for adoption by the convention, based
on the 1973 convention rules, such rules to be subject to change and adoption by the
convention. Prohibits proxy voting. Limits committee membership to 17 members.
Proposed law provides for the initial meeting of the convention on Jan. 6, 2020. 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 request the provision of professional, research,
technical, and clerical staff from public or private sources as deemed necessary.
(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. Allows the staff of
the convention and of the Evaluation and Drafting Committee to continue to receive
compensation from the staff person's regular bona fide employment.
(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)Prohibits a delegate from accepting any 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 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
20, 2020. 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 1, 2020. 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 and presidential election in 2020
(Nov. 3, 2020). 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, 2020,
except as otherwise provided in the constitution or in any alternative provisions adopted.
Proposed law provides that if any provision or application of the Act which authorizes the
convention to consider only certain subject matters and certain provisions of the constitution and
prohibits the convention from considering other subject matters and provisions is held invalid then
this entire Act shall be invalid and of no effect. Specifies, however, that if any other provision of
this Act or the application thereof is held invalid, such invalidity shall not affect other provisions or
applications of this Act which can be given effect without the invalid provision or application.
Effective upon signature of governor or lapse of time for gubernatorial action.
Timetable for Major Provisions of Bill
What Date
Evaluation & Drafting Committee members appointed by8/1/18
Evaluation & Drafting Committee organizational meeting by9/5/18
Evaluation & Drafting Committee to complete work by2/27/19
Dissolution of Evaluation and Drafting Committee If committee finds convention
not needed – adjournment sine
die of 2019 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 10/12/19 & 11/16/19
Convention to convene 1/6/20 (noon)
Convention to complete final draft 5/20/20
Convention to submit draft constitution to the governor by6/1/20
Election for submission of proposed constitution11/3/20 (Congressional
primary and presidential
election)
Constitution becomes effective if adopted 12/31/20 (midnight)