The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Margaret M. Corley.
DIGEST
SB 329 Original 2018 Regular Session Cortez
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.
Proposed law provides for a constitutional convention as follows:
(1)Calls the convention to convene at noon on January 7, 2019, to frame a new constitution for
the state, subject to the terms, conditions, and provisions of proposed law.
(2)Provides for 128 delegates as follows:
(a)105 delegates to be elected from House of Representatives 2015 election districts at
the regularly scheduled congressional election in 2018.
(b)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.
(c) A member appointed with the concurrence of the La. Association of Business and
Industry and the National Federation of Independent Business.
(d)A member appointed with the concurrence of Blueprint La. and the Committee of
100 for Economic Development.
(e)A representative of the La. AFL-CIO appointed by the La. AFL-CIO.
(f)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.
(g)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.
(h) 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. (i)One representative of the La. State Law Institute appointed by the La. State Law
Institute.
(j)One member appointed with the concurrence of the La. District Judges Association
and the Conference of Court of Appeal Judges.
(k) One member appointed by the chief justice of the La. Supreme Court.
(l)Four members of the La. House of Representatives appointed by the speaker of the
House of Representatives.
(m) Four members of the La. Senate appointed by the president of the Senate.
(n)Four members appointed by the governor.
(o)One representative of the Louisiana Tax Institute appointed by the board of the
Louisiana Tax Institute.
(3)Requires that delegates be qualified electors of the state and that elected delegates be
residents of the district from which elected. Excepts delegates and staff of the convention
from dual employment/dual officeholding laws. The delegates and staff are subject to the
code of ethics, public bribery laws, and, in the case of elected delegates and candidates for
delegate, the campaign finance laws. Attorney delegates are entitled to continuance of cases
in which they are counsel of record while attending sessions and convention work.
(4)Provides that the election for delegates shall be held at the primary election on November 6,
2018, and if a general election is necessary, on December 8, 2018. 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 proposed law. 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.
Prohibits the convention from proposing substantive changes whereby: (1) The bonded or other indebtedness of the state or of any parish, municipality, district, or other
political subdivision or authority of the state would be impaired.
(2) The term of office of members of the legislature or of any other elected or of any appointed
official of the state or of any political subdivision thereof would be reduced or shortened
prior to the expiration of the term of office being held at the time of the adoption of the new
constitution, or the salary of any such official would be reduced prior to the expiration of the
term of office being held at the time of the adoption of a new constitution.
(3) The state capital is removed or could be removed from Baton Rouge.
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 January 7, 2019. 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 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.
Proposed law requires that funds appropriated be withdrawn from the state treasury in accordance
with warrants signed by the convention chairman and that checks be signed by the chairman and vice
chairman, or the chairman or vice chairman and such other person as designated by the convention.
Proposed law provides that the final draft of a proposed constitution be completed not later than
April 5, 2019. 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 April 19, 2019. 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 gubernatorial election in 2019 (Oct. 12,
2019). 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 December 31,
2019, except as otherwise provided in the constitution or in any alternative provisions adopted.
Proposed law provides that if any provision or application of proposed law 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 proposed law shall be invalid and of no effect. Specifies, however, that if any other
provision of proposed law or the application thereof is held invalid, such invalidity shall not affect
other provisions or applications of this proposed law which can be given effect without the invalid
provision or application.
Effective upon signature of the governor or lapse of time for gubernatorial action.