HLS 18RS-904 ORIGINAL
2018 Regular Session
HOUSE BILL NO. 385
BY REPRESENTATIVE IVEY
CONSTITUTION/CONVENTION: Provides for calling a limited constitutional convention
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 the application of specified laws, including
13 provisions of law containing criminal penalties, to committee members, delegates,
14 candidates for delegate, and staff of the convention; to require appropriation of funds
15 for the convention and provide with respect to convention funds; to fix the effective
16 date of the new constitution if approved by the electorate; and to provide for related
17 matters.
18Be it enacted by the Legislature of Louisiana:
19 Section 1. Legislative findings. The legislature finds that:
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1 (A) It has been more than forty-three years since the Constitution of Louisiana
2became effective at midnight on December 31, 1974, and during these years the document
3which constitutes the state's basic law has been amended some one hundred eighty-nine
4times.
5 (B) The need to address a number of key policy areas that require constitutional
6change has become apparent, including such matters as the state's tax structure and
7budgetary practices that hamper the state's economic growth and competitiveness as well as
8the quality of life of Louisiana residents; the dedication of state revenues and the resulting
9inability of the legislature to allocate resources where needed, particularly for the needs of
10health care and higher education; the fiscal restraints on local governments that dramatically
11limit their authority to meet fiscal and budgetary demands; and other matters.
12 (C) The constitution today contains many provisions that restrict the legislature in
13effectively addressing state and constituent needs, and the document also includes extensive
14provisions that are so detailed as to be statutory rather than constitutional in nature and, as
15a result, require further constitutional amendment when any change is needed.
16 (D) A serious analysis and revision of the state constitution is needed if the state is
17to conduct a genuine examination of the state's critical needs, to undertake an in-depth
18consideration of reform proposals, and to craft provisions that allow for flexibility and
19innovation in legislative solutions to problems of the present and the future.
20 Section 2. Evaluation and Drafting Committee. (A) The Evaluation and Drafting
21Committee is hereby created. The purpose of the committee shall be to evaluate and
22determine if a constitutional convention is needed to address the needs of the state and its
23people and, if it determines that a convention is needed, to develop and propose a plan for
24the conduct of an effective constitutional convention, including, subject to the limitations
25provided by Section 6 of this Act, a draft of a proposed constitution with alternative
26proposals for provisions addressing significant policy areas.
27 (B)(1) The Evaluation and Drafting Committee shall be composed of twenty-seven
28members as follows:
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1 (a) A member appointed with the concurrence of the Public Affairs Research
2Council of Louisiana, the Louisiana Budget Project, and the Council for a Better Louisiana.
3 (b) A member appointed with the concurrence of the Louisiana Association of
4Business and Industry and the National Federation of Independent Business.
5 (c) A member appointed with the concurrence of Blueprint Louisiana and the
6Committee of 100 for Economic Development.
7 (d) A representative of the Louisiana AFL-CIO appointed by the Louisiana AFL-
8CIO.
9 (e) A member of any Louisiana chapter of the National Association for the
10Advancement of Colored People appointed by the chairman of the national board of
11directors of the association.
12 (f) A representative of elected parish officials appointed with the concurrence of the
13Louisiana Sheriffs' Association, the Louisiana Assessors' Association, and the Louisiana
14Clerks of Court Association.
15 (g) A representative of local governmental bodies appointed with the concurrence
16of the Louisiana Municipal Association, the Police Jury Association of Louisiana, and the
17Louisiana School Boards Association.
18 (h) One representative of the Louisiana State Law Institute appointed by the
19Louisiana State Law Institute.
20 (i) A representative of the Louisiana State University system appointed by the Board
21of Supervisors of Louisiana State University and Agricultural and Mechanical College.
22 (j) A representative of the Southern University system appointed by Board of
23Supervisors of Southern University and Agricultural and Mechanical College.
24 (k) A representative of the University of Louisiana System appointed by the Board
25of Supervisors for the University of Louisiana system.
26 (l) One member appointed by the Louisiana Association of Independent Colleges
27and Universities.
28 (m) A representative of the Louisiana Farm Bureau Federation appointed by the
29Louisiana Farm Bureau board of directors.
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1 (n) One member appointed with the concurrence of the Louisiana District Judges
2Association, the Conference of Court of Appeal Judges, and the chief justice of the
3Louisiana Supreme Court.
4 (o) Four members of the Louisiana House of Representatives appointed by the
5speaker of the House of Representatives.
6 (p) Four members of the Louisiana Senate appointed by the president of the Senate.
7 (q) Four members appointed by the governor.
8 (r) One representative of the Louisiana Tax Institute appointed by the board of the
9Louisiana Tax Institute.
10 (2) The appointments required by this Subsection shall be made and shall be
11submitted to the secretary of state not later than August 1, 2018. Not later than August 8,
122018, the secretary of state shall provide each member appointed with a list of the
13membership appointed to the committee. The secretary of state shall issue a commission to
14each person appointed as provided in this Section.
15 (3) The committee shall hold its organizational meeting not later than September 5,
162018, on the call of the speaker of the House of Representatives and the president of the
17Senate acting jointly. The committee shall elect a chairman, a vice chairman, and such other
18officers as it shall find necessary.
19 (4) Any vacancy in the membership of the committee shall be filled in the manner
20of the original appointment.
21 (C) The committee shall have the following powers and duties:
22 (1) The committee shall undertake such studies as necessary to evaluate if a
23constitutional convention is needed to address the needs of the state and its people and, based
24upon such study, shall make a determination as to whether or not a constitutional convention
25is needed.
26 (2) If the committee determines that a constitutional convention is needed, it shall
27prepare a plan for the conduct of an effective constitutional convention. Such plan shall
28include but not be limited to:
29 (a) A policy agenda for the convention which shall include:
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1 (i) Subject to the limitations provided in Section 6 of this Act, identification of
2significant policy areas that must be addressed in order to propose a constitution that will
3serve the state effectively.
4 (ii) Subject to the limitations provided in Section 6 of this Act, a draft of a proposed
5constitution for the state, including provisions addressing significant policy areas identified
6as well as all other provisions necessary for an effective constitution.
7 (iii) Materials explaining the proposed provisions addressing significant policy areas
8and the reasons therefor.
9 (iv) Alternative proposals for provisions addressing significant policy areas, together
10with explanations and explanatory materials therefor. The committee shall include multiple
11optional approaches and solutions as appropriate to facilitate the work of the convention in
12addressing issues.
13 (v) Pertinent background material and data relative to significant policy areas.
14 (b) Background and other materials that the committee determines will be useful to
15the work of the convention.
16 (c) Proposals for elimination of statutory materials from the constitution, together
17with recommendations for legislative action relative thereto.
18 (d) Recommendations for convention organization and deliberations, including
19significant provisions for rules of procedure.
20 (e) Recommendations for budget needs for effective conduct of a convention.
21 (f) Recommendations for procedures for submission of alternative proposals to the
22voters and ballot structure.
23 (3) The committee shall undertake all necessary study and analysis to complete such
24plan and submit such plan to the legislature as required by this Section.
25 (D) The committee may create or appoint advisory committees or task forces to act
26in an advisory capacity or to assist in its studies, composed of such representatives of the
27public or private sectors as it deems appropriate.
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1 (E)(1) As soon as possible after the members of the Evaluation and Drafting
2Committee have been appointed, the committee shall request the provision of staff necessary
3to assist it in completing its duties on a timely basis. Such staff may include:
4 (a) Such professional, research, and other employees as the committee shall deem
5necessary to carry out its duties.
6 (b) Personnel provided by the Louisiana State University, Southern University,
7Tulane University, and Loyola University law schools from the faculty as requested by the
8committee.
9 (2) In addition, to assist the committee in its work, the committee may utilize the
10personnel, facilities, and services of the legislative auditor, the legislative fiscal officer, and
11the staffs of the House of Representatives and the Senate, and the committee may request
12and utilize such counsel, assistance, personnel, facilities, and advice as may be obtained
13from any and all public sources and from any and all private sources, including but not
14necessarily restricted to universities, colleges, foundations, charitable corporations, private
15research agencies, individuals, and organizations.
16 (3) The committee may call upon the members or staffs of any and all departments
17or agencies of the state for data and assistance, and all such departments and agencies shall
18cooperate with the committee.
19 (F) The committee shall submit to the legislature its evaluation and determination
20of whether or not a constitutional convention is needed, and if it determines that a
21convention is needed, it shall also submit to the legislature, accompanying such evaluation,
22a plan for the conduct of an effective constitutional convention as provided in Paragraph
23(C)(2) of this Section. The committee shall complete its work and make the submission to
24the legislature required by this Section no later than February 27, 2019. The committee shall
25submit a copy of such report to the governor. If and when the constitutional convention
26convenes as provided in Section 3 of this Act, the committee shall submit a copy of the plan
27to the convention.
28 (G)(1) The committee may accept grants, donations, gifts, monies, aid, facilities,
29and services from public or private sources for the purpose of completing its work and
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1preparing and submitting the plan for the conduct of the constitutional convention as
2required by this Section. Any such grants, monies, facilities, services, and donations, as well
3as the names of the donors thereof, shall be recorded in the records of the proceedings of the
4committee and of the convention, and such records shall be open to inspection by any
5person.
6 (2) The members of the Evaluation and Drafting Committee shall be subject to the
7same limitation on compensation for committee work as provided in Section 9 of this Act
8for convention work by convention delegates.
9 (3) Expenses incurred by the committee may be paid from any funds available for
10the purpose and, with the approval of the presiding officers of the two houses of the
11Louisiana Legislature, from funds available to such presiding officers for expenses of the
12legislature.
13 (H) Legislative committee rooms in the state capitol shall be available for use by the
14committee, unless required for legislative committee meetings. In addition, the committee
15may use the facilities and services of any board, commission, department, or agency of the
16state or of any political subdivision of the state, and all such entities shall cooperate with the
17committee to the fullest extent in furnishing services and facilities upon request. In addition,
18the committee may use the facilities and services of other persons and organizations.
19 (I) If the Evaluation and Drafting Committee determines that a constitutional
20convention is needed, the Evaluation and Drafting Committee shall be dissolved thirty days
21after submission of a copy of the plan for the conduct of the constitutional convention to the
22convention, except that if a different termination date is provided in the rules of the
23convention, the Evaluation and Drafting Committee shall be dissolved on that date.
24However, if the Evaluation and Drafting Committee determines that a convention is not
25necessary, the Evaluation and Drafting Committee shall be dissolved upon adjournment sine
26die of the 2019 Regular Session of the Legislature of Louisiana.
27 Section 3. Call for convention; delegates. (A) A constitutional convention is hereby
28called, to convene on January 6, 2020, at noon, which shall be held for the purpose of
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1framing a new constitution for the state of Louisiana subject to the terms, conditions, and
2provisions in this Act.
3 (B)(1) There shall be one hundred thirty-two delegates to the convention, as follows:
4 (a) One delegate shall be elected from each of the districts from which members of
5the House of Representatives of the Louisiana Legislature were elected in 2015.
6 (b) The twenty-seven members of the constitutional convention Evaluation and
7Drafting Committee, appointed as provided in Section 2 of this Act, shall be delegates to the
8convention.
9 (2) The secretary of state shall issue a commission to each delegate selected as
10provided in this Section.
11 (3) Each delegate to the convention shall be an elector of the state of Louisiana, shall
12be at least eighteen years of age, and shall be a resident of the state of Louisiana. In
13addition, each delegate elected from a representative district shall be a resident of the district
14from which he is elected at the time he qualifies as a candidate for election as a delegate.
15 (4) The election or appointment of any public official or public employee as a
16delegate to the convention and his service in the convention or as a member of the
17Evaluation and Drafting Committee and his service on the committee and the appointment
18of any public official or public employee to the staff of the convention or the staff of the
19Evaluation and Drafting Committee and his service on such staff, as authorized and provided
20in this Act, shall not be construed to constitute dual officeholding or dual employment within
21the prohibitions of Part III of Chapter 2 of Title 42 of the Louisiana Revised Statutes of
221950. Each appointed and elected delegate and each member of the Evaluation and Drafting
23Committee shall be considered to be an elected official within the scope of and subject to
24the provisions of the Code of Governmental Ethics, Chapter 15 of Title 42 of the Louisiana
25Revised Statutes of 1950. Each staff member of the convention or of the Evaluation and
26Drafting Committee shall be considered to be a public employee within the scope of and
27subject to the provisions of the Code of Governmental Ethics, Chapter 15 of Title 42 of the
28Louisiana Revised Statutes of 1950. For purposes of Chapter 15 of Title 42 of the Louisiana
29Revised Statutes of 1950, the agency and the governmental entity of delegates and staff
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1members of the convention shall be the convention, and the agency and the governmental
2entity of members and staff members of the Evaluation and Drafting Committee shall be
3both the committee and the convention. For purposes of any other office or employment of
4any such delegate, committee member, or staff member, the provisions of Chapter 15 of
5Title 42 of the Louisiana Revised Statutes of 1950 shall remain applicable. Each delegate
6to the convention, each member of the Evaluation and Drafting Committee, and each staff
7member of the convention or of the Evaluation and Drafting Committee shall be considered
8to be a public officer, public official, public employee, or person in a position of public
9authority for purposes of the application of the provisions of the Louisiana Criminal Code.
10 (5) Each candidate for election as a delegate to the constitutional convention and
11each elected delegate is subject to the provisions of the Campaign Finance Disclosure Act
12and the office of delegate shall be a district office for the purposes of that Act.
13 (6) Any attorney at law serving as a delegate to the convention shall be entitled to
14the absolute right of the continuance of any case in which he is bona fide counsel of record
15in any court of the state during his attendance upon the sessions and work of the convention.
16 (C)(1) The one hundred five delegates to the convention to be elected from
17representative districts shall be elected at a special election to be held as provided in this Act.
18The special primary election for such delegates shall be held at the primary election on
19October 12, 2019, and, if necessary, the special general election for delegates shall be held
20at a statewide election to be held on November 16, 2019. Not later than June 26, 2019, the
21governor shall issue a proclamation and give notice of the election to be held under this
22Section. Each person desiring to become a candidate for election as a delegate from a
23representative district shall qualify as a candidate from the particular representative district
24he seeks to represent by filing a statement of candidacy with the clerk of court for the parish
25in which the candidate is registered to vote during the qualifying period for candidates in the
26primary election on October 12, 2019, as otherwise provided by law. Qualification as a
27candidate shall be without regard to party affiliation.
28 (2) The election of a person to the office of delegate shall be in accordance with
29provisions for the election of candidates for public office in the Louisiana Election Code.
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1 Section 4. Conduct of election for elected delegates. (A) Except as otherwise
2provided in this Act, the primary and general elections for convention delegates shall be
3conducted and the results thereof published and promulgated in accordance with the
4Louisiana Election Code. All qualified electors shall be entitled to vote in their respective
5election precincts without regard to party affiliation. The votes for candidates for the office
6of delegate shall be tabulated as in the case of candidates for public office.
7 (B) The costs of the elections authorized by this Act for election of delegates shall
8be paid as provided by the Louisiana Election Code for payment of costs of elections in
9which a candidate for the state legislature appears on the ballot.
10 (C) All offenses, prosecutions, penalties, and punishments arising out of or in
11connection with the elections required by this Act shall be governed by the applicable laws
12of the state.
13 Section 5. Vacancies. In the event of the death or the inability or unwillingness of
14any elected delegate to serve, whether before or during the convention, the speaker of the
15House of Representatives, the president of the Senate, and the governor shall fill such
16vacancy by appointment, by unanimous consent of the three officials, of a person from the
17same district who possesses the qualifications for delegate. In the event of the death or the
18inability or unwillingness to serve of any other delegate, the vacancy shall be filled in the
19same manner as the original selection within thirty days after the vacancy.
20 Section 6.(A) The convention shall have authority to frame a new constitution for
21the state, including such alternative provisions as it deems appropriate, which shall be
22submitted to the electors of the state for their approval or rejection. However, in revising
23the constitution, the convention may propose only such changes in the constitution as
24specified in this Section.
25 (B) The convention shall have authority to propose substantive changes, including
26one or more alternative provisions, with respect to matters of state and local government
27finance, and higher education, which authority regarding such matters shall be limited to
28proposals regarding the raising of revenue; the allocation and expenditure of funds; the
29review, limitation, or control of the expenditure of funds; education funding; and the
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1management and control of higher education institutions. Specifically, the convention may
2propose such substantive changes, including one or more alternative provisions, with respect
3to matters contained in the following provisions of the Constitution of Louisiana of 1974,
4as amended, and no other:
5 (1) Article VI, entitled "Local Government", but only with respect to Part II entitled
6"Finance" and comprised of Sections 26 through 37; and Part III, entitled "Levee Districts
7and Regional Flood Protection Authorities" and comprised of Sections 38 through 42.
8 (2) Article VII, entitled "Revenue and Finance".
9 (3) Article VIII, entitled "Education", but only with respect to Sections 5, 6, 7, 7.1,
108, 12, and 13.
11 (4) Article XIV, entitled "Transitional Provisions", but only as necessary to provide
12an orderly transition for any substantive changes proposed pursuant to the convention's
13authority set forth in Paragraphs (1), (2), and (3) of this Subsection.
14 (C)(1) The convention shall not propose substantive changes to any provisions of
15the constitution not set forth in Subsection (B) of this Section.
16 (2) The convention shall not propose any changes that will:
17 (a) Change or affect Article I of the constitution, entitled "Declaration of Rights",
18in any way.
19 (b) Cause any bonded or other indebtedness of the state or of any parish,
20municipality, district, or other political subdivision or authority of the state to be impaired.
21 (c) Cause the term of office of any elected official of the state or of any political
22subdivision thereof to be reduced or shortened prior to the expiration of the term of office
23being held at the time of the adoption of the new constitution, or cause the salary of any such
24official to be reduced prior to the expiration of the term of office being held at the time of
25the adoption of a new constitution.
26 (d) Remove or permit the removal of the state capital from Baton Rouge.
27 (D) In addition to the authority to propose substantive changes as provided in
28Subsection (B) of this Section, but solely for the purposes of orderly arrangement, style and
29conformity, the convention may incorporate in its proposed revision or in any alternative
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1provision nonsubstantive changes in other provisions of the constitution but only to the
2extent that they are: (1) germane to the matters enumerated in Subsection (B) of this Section
3and (2) essential in order to conform to the substantive changes being proposed. For the
4same purposes, the convention may: (1) renumber or rearrange provisions, (2) transfer or
5divide provisions, (3) change reference designations to conform to redesignated provisions,
6and (4) make any other purely formal or clerical changes in keeping with the purpose of the
7revision.
8 (E) Any action by the convention in contravention of the provisions of this Section
9shall be null and void and of no effect.
10 (F) Any action to determine a question of the construction or validity of this Act, to
11determine the scope of authority of the convention, or to determine the conformity of any
12action of the convention with the provisions of this Act shall be brought in the Nineteenth
13Judicial District Court. The matter shall be tried by preference over other matters and the
14court shall render a decision as soon as practicable. In the event of an appeal, the appellate
15court shall place the matter on its preferential docket, shall hear it without delay, and shall
16render a decision as soon as practicable.
17 Section 7. Convention organization. (A)(1) The delegates to the convention chosen
18as provided in this Act shall meet in the House Chamber in the state capitol, or at such other
19suitable location in the capital city as shall be determined jointly by the presiding officers
20of the legislature, at noon on Monday, January 6, 2020. The chief justice, or in his absence
21any associate justice of the supreme court designated by the court, shall attend the
22convention at the opening thereof and shall preside until the chairman has been elected. The
23secretary of state shall attend the opening of the convention and call the roll of the delegates,
24whereupon the temporary presiding officer shall administer to the delegates the following
25oath:
26 "I, . . ., do solemnly swear (or affirm) that I will support the constitution and laws of
27the United States and the constitution and laws of this state and that I will faithfully and
28impartially discharge and perform all the duties incumbent on me as a delegate to the
29convention, according to the best of my ability and understanding, and that I will observe
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1and obey the limitation of authority contained in the Act under which this convention has
2assembled. So help me God."
3 (2) No delegate shall be qualified to serve as such unless and until he has taken and
4subscribed to the oath in Paragraph (1) of this Subsection.
5 (B) After the oath has been administered, the delegates shall proceed to effect the
6permanent organization of the convention and shall:
7 (1) Adopt rules of procedure for the convention, which rules shall not be inconsistent
8with the provisions of this Act.
9 (2) Elect from among their number a chairman, a vice chairman, and such other
10officers as they deem necessary.
11 (3) Elect from among their number an executive committee, the membership of
12which shall be determined by the delegates but which shall include among its members all
13of the elected officers of the convention.
14 (4) Select a chief clerical officer of the convention from among the chief clerical
15officers of the House of Representatives and the Senate and their assistants, who shall not
16be a delegate and whose duties shall be provided by the rules of procedure for the
17convention.
18 (5) Take such other actions as they deem necessary to effect a permanent
19organization of the convention.
20 (C) Prior to the convening of the convention, members of the House of
21Representatives and Senate staffs as designated by the presiding officers of the legislature
22shall prepare a draft of rules of procedure for consideration, amendment, and adoption by
23the convention when it convenes. Such proposed rules shall be based upon the rules of the
24constitutional convention convened in 1973, except as inconsistent with the provisions of
25this Act. The rules of procedure adopted by the convention shall be subject to later change
26as the delegates shall provide therein. No delegate shall be allowed to vote by proxy and the
27rules shall so provide. No committee of the convention, including the executive committee,
28shall exceed seventeen members and the rules shall so provide.
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1 (D) After completing organizational activities, the convention may meet either as
2a full body or in committees until it completes its duties as provided in this Act.
3 Section 8. Staff; budget; committees. (A) As soon as possible after the members
4of the executive committee are elected, the executive committee shall request the provision
5of professional, research, technical, and clerical employees from any public or private
6sources the committee deems necessary to accomplish the work of the convention.
7 (B) The staff of the constitutional convention may include but shall not be limited
8to the following who shall not be delegates to the convention:
9 (1) A director of research who shall possess such qualifications as determined by the
10committee.
11 (2) Research assistants in such number and possessing such qualifications as
12determined by the committee.
13 (3) Personnel provided by the Louisiana State University, Tulane University, Loyola
14University, and Southern University law schools from the faculty as requested by the
15committee.
16 (4) Such other staff as the executive committee deems necessary.
17 (C) Notwithstanding any provision of law to the contrary, if a staff member provided
18to the Evaluation and Drafting Committee or to the convention is engaged in regular, bona
19fide employment, the staff member may continue to be paid and receive the usual
20compensation and benefits from his employer while the staff member is engaged in the work
21of the committee or the convention.
22 (D) As soon as possible after the members of the executive committee are elected,
23the executive committee shall prepare a budget of anticipated expenses of the convention
24based on the amount of the appropriation for the convention and any other funds available
25for expenditure.
26 (E) The executive committee may create and establish such substantive and
27procedural committees as it deems appropriate. The chairman of the convention shall
28appoint the chairman, vice chairman, and the membership of each such committee.
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1 (F) Unless the legislature is in session, the House chamber and the legislative
2committee rooms in the state capitol shall be available for use by the convention and its
3committees. If the facilities at the state capitol are not available or are not sufficient for use
4by the convention or its committees, the convention or its committees shall meet at a suitable
5location in the capital city, which location shall be determined by the chairman of the
6convention, and public notice of the location shall be given and posted at suitable locations
7in the state capitol. The convention shall have full authority to use the facilities and services
8of any board, commission, department, or agency of the state or of any political subdivision
9of the state, and all such entities shall cooperate with the convention to the fullest extent in
10furnishing services, facilities, and employees upon request. In addition, the convention may
11use the facilities and services of other persons and organizations.
12 (G) The convention shall have full authority to accept grants, monies, aid, facilities,
13and services from public or private sources for the purpose of accomplishing its task of
14framing a new constitution. Any such grants, monies, facilities, services, and donations, as
15well as the names of the donors thereof, shall be recorded in the record of the proceedings
16of the convention, and such records shall be open to inspection by any person.
17 (H) The final draft of the proposed constitution shall be completed no later than May
1820, 2020.
19 Section 9. Compensation of delegates. No delegate may accept any compensation
20from any source for work performed as a delegate to the convention. However, if a delegate
21is engaged in regular, bona fide employment, should the delegate's employer choose to
22continue to pay the usual compensation while the delegate is engaged in the work of the
23convention, such delegate may accept that compensation, notwithstanding any provision of
24law to the contrary.
25 Section 10. Appropriation; use of funds. (A) Any appropriation for the expenses
26of the convention shall be used solely to defray the necessary expenses of the constitutional
27convention for which provision is made in this Act, including the payment for supplies,
28materials, equipment, printing, and reproduction of materials, and all other necessary
29expenses incurred in connection with the convention and its work.
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1 (B) Any funds appropriated for the convention shall be withdrawn from the state
2treasury in accordance with warrants signed by the chairman of the convention, and all
3checks for the disbursement of funds shall be signed by the chairman and the vice chairman
4of the convention or by the chairman or vice chairman and such other person as shall be
5designated by the convention.
6 (C) The legislature shall make adequate appropriations to the convention for so long
7as the convention remains in existence and for so long thereafter as is necessary to assure
8the payment of all expenses incurred in connection with the work of the convention. The
9convention shall not be deemed to be a budget unit of the state and therefore shall not be
10subject to the provisions of Chapter 1 of Title 39 of the Louisiana Revised Statutes of 1950.
11The financial books and records of the convention, however, shall be subject to audit by the
12legislative auditor.
13 Section 11. Submission of proposed constitution; election. (A) Upon completion
14of its work, and not later than June 1, 2020, and subject to the limitations provided in Section
156 of this Act, the convention shall submit a proposed draft of a new constitution for the state
16to the governor. At the discretion of the convention, but subject to the limitations provided
17in Section 6 of this Act, the convention may also propose and submit at the same time such
18alternative provisions as it deems appropriate. The constitution as drafted by the convention,
19together with any alternative provisions proposed for submission, shall be submitted to the
20people for adoption or rejection. Within fifteen days after submission of the proposed draft
21to the governor, he shall by proclamation call an election to be held at the same time as the
22congressional primary election in 2020 for the purpose of submitting the proposed draft and
23any alternative provisions to the people for adoption or rejection.
24 (B) The election shall be held and the results shall be promulgated in accordance
25with the Louisiana Election Code. All electors duly qualified to vote in the state at the time
26of the election shall be entitled to vote without regard to party affiliation in their respective
27precincts on the proposition for or against adoption of the revision and on the question or
28questions of adoption of such alternative provisions as may be proposed by the convention.
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1The costs of the election shall be paid as provided in the Louisiana Election Code for
2elections in which a constitutional amendment appears on the ballot.
3 (C) The convention may submit to the electors of the state the proposal of
4acceptance or rejection of the constitution and any alternative provisions in such form and
5manner as it may determine and may direct the proper election officials to take the necessary
6steps to effectuate such determination of the convention in presenting the proposed
7constitution and any alternative provisions to the electors. Adoption of the constitution and
8of any such alternative provisions shall require the favorable vote of a majority of the
9electors voting on the respective proposition.
10 (D) Upon promulgation of the results of the election by the secretary of state, if the
11constitution is ratified and adopted by the people in the election for which provision is made
12in this Section, the governor shall proclaim the constitution, including such alternative
13provisions as are adopted by the people at the election, to be the Constitution of Louisiana.
14The constitution, including such alternative provisions as are so adopted, shall become
15effective at midnight on December 31, 2020, except as otherwise provided in the constitution
16adopted or in any such alternative provisions adopted.
17 Section 12. If any provision or application of this Act that authorizes the convention
18to consider only certain subject matters and certain provisions of the constitution and
19prohibits the convention from considering other subject matters and provisions is held
20invalid, including without limitation any provision of Section 6 of this Act, then this entire
21Act shall be invalid and of no effect. However, if any other provision of this Act or the
22application thereof is held invalid, such invalidity shall not affect other provisions or
23applications of this Act that can be given effect without the invalid provision or application.
24 Section 13. This Act shall become effective upon signature by the governor or, if not
25signed by the governor, upon expiration of the time for bills to become law without signature
26by the governor, as provided in Article III, Section 18 of the Constitution of Louisiana. If
27vetoed by the governor and subsequently approved by the legislature, this Act shall become
28effective on the day following such approval.
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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 385 Original 2018 Regular Session Ivey
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.
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(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
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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
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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.
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(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.
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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.
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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
8/1/18
Evaluation & Drafting Committee organizational
meeting by
9/5/18
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
by
6/1/20
Election for submission of proposed constitution11/3/20 (Congressional
primary and presidential
election)
Constitution becomes effective if adopted 12/31/20 (midnight)
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