HLS 22RS-632 ORIGINAL
2022 Regular Session
HOUSE BILL NO. 259
BY REPRESENTATIVE MAGEE
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 certain matters; to provide for legislative findings;
5 to fix the time and place for the convention; to provide for the qualifications and
6 appointment of delegates; to provide for the organization and staff of the convention;
7 to provide for advisory members to the convention; to require that the constitution
8 as adopted by the convention be submitted to the qualified electors for adoption and
9 to provide relative to such submission; to provide for the application of specified
10 laws, including provisions of law containing criminal penalties, to advisory
11 members, delegates, and staff of the convention; to require appropriation of funds
12 for the convention and provide with respect to convention funds; to fix the effective
13 date of the new constitution if approved by the electorate; to provide for an effective
14 date; and to provide for related matters.
15Be it enacted by the Legislature of Louisiana:
16 Section 1. Legislative findings. The legislature finds that:
17 (A) It has been more than forty-seven years since the Constitution of Louisiana
18became effective at midnight on December 31, 1974, and during these years the document
19which constitutes the state's basic law has been amended some two hundred three times.
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1 (B) The need to address a number of key policy areas that require constitutional
2change has become apparent, including such matters as the state's tax structure and
3budgetary practices that hamper the state's economic growth and competitiveness as well as
4the quality of life of Louisiana residents; the dedication of state revenues and the resulting
5inability of the legislature to allocate resources where needed, particularly for the needs of
6health care and higher education; the fiscal restraints on local governments that dramatically
7limit their authority to meet fiscal and budgetary demands; and other matters.
8 (C) The constitution today contains many provisions that restrict the legislature in
9effectively addressing state and constituent needs, and the document also includes extensive
10provisions that are so detailed as to be statutory rather than constitutional in nature and, as
11a result, require further constitutional amendment when any change is needed.
12 (D) A serious analysis and revision of the state constitution is needed if the state is
13to conduct a genuine examination of the state's critical needs, to undertake an in-depth
14consideration of reform proposals, and to craft provisions that allow for flexibility and
15innovation in legislative solutions to problems of the present and the future.
16 Section 2. Call for convention; delegates. (A) A constitutional convention is hereby
17called, to convene on August 1, 2022, at noon, which shall be held for the purpose of
18framing a new constitution for the state of Louisiana subject to the terms, conditions, and
19provisions in this Act.
20 (B)(1) There shall be one hundred twenty delegates to the convention, who shall be
21appointed no later than July 15, 2022, as follows:
22 (a) The speaker of the House of Representatives shall appoint five delegates from
23each of the congressional districts from which the Louisiana members of the United States
24House of Representatives were elected in 2020.
25 (b) The president of the Senate shall appoint five delegates from each of the
26congressional districts from which the Louisiana members of the United States House of
27Representatives were elected in 2020.
28 (c) The governor shall appoint five delegates from each of the congressional districts
29from which the Louisiana members of the United States House of Representatives were
30elected in 2020.
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1 (d) The chief justice of the supreme court, after consultation with the associate
2justices of the supreme court, shall appoint five delegates from each of the congressional
3districts from which the Louisiana members of the United States House of Representatives
4were elected in 2020.
5 (2) Each delegate to the convention shall be an elector of the state of Louisiana, shall
6be at least eighteen years of age, and shall be a resident of the state of Louisiana. In
7addition, each delegate shall be domiciled in the congressional district from which he is
8selected at the time he is appointed.
9 (3) The secretary of state shall issue a commission to each delegate selected as
10provided in this Section.
11 (4) The appointment of any public official or public employee as a delegate to the
12convention and his service in the convention and the appointment of any public official or
13public employee to the staff or advisory committee of the convention and his service on such
14staff or committee, as authorized and provided in this Act, shall not be construed to
15constitute dual officeholding or dual employment within the prohibitions of Part III of
16Chapter 2 of Title 42 of the Louisiana Revised Statutes of 1950. Each delegate shall be
17considered to be an elected official within the scope of and subject to the provisions of the
18Code of Governmental Ethics, Chapter 15 of Title 42 of the Louisiana Revised Statutes of
191950. Each staff member of the convention and advisory committee member shall be
20considered to be a public employee within the scope of and subject to the provisions of the
21Code of Governmental Ethics, Chapter 15 of Title 42 of the Louisiana Revised Statutes of
221950. For purposes of Chapter 15 of Title 42 of the Louisiana Revised Statutes of 1950, the
23agency and the governmental entity of delegates, advisory committee members, and staff
24members of the convention shall be the convention. For purposes of any other office or
25employment of any such delegate, advisory committee member, or staff member, the
26provisions of Chapter 15 of Title 42 of the Louisiana Revised Statutes of 1950 shall remain
27applicable. Each delegate to the convention, advisory committee member, and each staff
28member of the convention shall be considered to be a public officer, public official, public
29employee, or person in a position of public authority for purposes of the application of the
30provisions of the Louisiana Criminal Code.
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1 (5) Any attorney at law serving as a delegate or staff member to the convention shall
2be entitled to the absolute right of the continuance of any case in which he is bona fide
3counsel of record in any court of the state during his attendance upon the sessions and work
4of the convention.
5 Section 3. Vacancies. In the event of the death or the inability or unwillingness of
6any delegate to serve, whether before or during the convention, the vacancy shall be filled
7in the same manner as the original selection within thirty days after the vacancy.
8 Section 4.(A) The convention shall have authority to frame a new constitution for
9the state which shall be submitted to the electors of the state for their approval or rejection.
10However, in revising the constitution, the convention may propose only such changes in the
11constitution as specified in this Section.
12 (B) The convention shall have authority to propose substantive changes only with
13respect to matters contained in the following provisions of the Constitution of Louisiana of
141974, as amended, and no other:
15 (1) Article VI, entitled "Local Government".
16 (2) Article VII, entitled "Revenue and Finance".
17 (3) Article VIII, entitled "Education", but only with respect to Sections 5, 6, 7, 7.1,
188, 12, and 13.
19 (4) Article X, entitle "Public Officials and Employees."
20 (5) Article XII, entitle "General Provisions", but only with respect to Sections 6, 7,
218, 8.1, 9, 10, and 16.
22 (6) Provisions in the Constitution of Louisiana of 1974 concerning revenue or a fund
23or subfund, account, or other designation of funds.
24 (7) Article XIV, entitled "Transitional Provisions", but only as necessary to provide
25an orderly transition for any substantive changes proposed pursuant to the convention's
26authority set forth in Paragraphs (1) through (6) of this Subsection.
27 (C)(1) The convention shall not propose substantive changes to any provisions of
28the constitution not set forth in Subsection (B) of this Section.
29 (2) The convention shall not propose any changes that will:
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1 (a) Change or affect Article I of the constitution, entitled "Declaration of Rights",
2in any way.
3 (b) Cause any bonded or other indebtedness of the state or of any parish,
4municipality, district, or other political subdivision or authority of the state to be impaired.
5 (c) Cause the term of office of any elected official of the state or of any political
6subdivision thereof to be reduced or shortened prior to the expiration of the term of office
7being held at the time of the adoption of the new constitution, or cause the salary of any such
8official to be reduced prior to the expiration of the term of office being held at the time of
9the adoption of a new constitution.
10 (d) Remove or permit the removal of the state capital from Baton Rouge.
11 (D) In addition to the authority to propose substantive changes as provided in
12Subsection (B) of this Section, but solely for the purposes of orderly arrangement, style and
13conformity, the convention may incorporate in its proposed revision or in any alternative
14provision nonsubstantive changes in other provisions of the constitution but only to the
15extent that they are: (1) germane to the matters enumerated in Subsection (B) of this Section
16and (2) essential in order to conform to the substantive changes being proposed. For the
17same purposes, the convention may: (1) renumber or rearrange provisions, (2) transfer or
18divide provisions, (3) change reference designations to conform to redesignated provisions,
19and (4) make any other purely formal or clerical changes in keeping with the purpose of the
20revision.
21 (E) Any action by the convention in contravention of the provisions of this Section
22shall be null and void and of no effect.
23 (F) Any action to determine a question of the construction or validity of this Act, to
24determine the scope of authority of the convention, or to determine the conformity of any
25action of the convention with the provisions of this Act shall be brought in the Nineteenth
26Judicial District Court. The matter shall be tried by preference over other matters and the
27court shall render a decision as soon as practicable. In the event of an appeal, the appellate
28court shall place the matter on its preferential docket, shall hear it without delay, and shall
29render a decision as soon as practicable.
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1 Section 5. Convention organization. (A)(1) The delegates to the convention chosen
2as provided in this Act shall meet in the House Chamber in the state capitol, or at such other
3suitable location in the capital city as shall be determined jointly by the presiding officers
4of the legislature, at noon on August 1, 2022. The chief justice, or in his absence any
5associate justice of the supreme court designated by the court, shall attend the convention
6at the opening thereof and shall preside until the chairman has been elected. The secretary
7of state shall attend the opening of the convention and call the roll of the delegates,
8whereupon the temporary presiding officer shall administer to the delegates the following
9oath:
10 "I, . . ., do solemnly swear (or affirm) that I will support the constitution and laws of
11the United States and the constitution and laws of this state and that I will faithfully and
12impartially discharge and perform all the duties incumbent on me as a delegate to the
13convention, according to the best of my ability and understanding, and that I will observe
14and obey the limitation of authority contained in the Act under which this convention has
15assembled. So help me God."
16 (2) No delegate shall be qualified to serve as such unless and until he has taken and
17subscribed to the oath in Paragraph (1) of this Subsection.
18 (B) After the oath has been administered, the delegates shall proceed to effect the
19permanent organization of the convention and shall:
20 (1) Adopt rules of procedure for the convention, which rules shall not be inconsistent
21with the provisions of this Act.
22 (2) Elect from among their number a chairman, a vice chairman, and such other
23officers as they deem necessary.
24 (3) Elect from among their number an executive committee, the membership of
25which shall be determined by the delegates but which shall include among its members all
26of the elected officers of the convention.
27 (4) Select a chief clerical officer of the convention from among the chief clerical
28officers of the House of Representatives and the Senate and their assistants, who shall not
29be a delegate and whose duties shall be provided by the rules of procedure for the
30convention.
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1 (5) Take such other actions as they deem necessary to effect a permanent
2organization of the convention.
3 (C) The rules of procedure adopted by the convention pursuant to Paragraph (B)(1)
4of this Section shall be subject to later change as the delegates shall provide therein. No
5delegate shall be allowed to vote by proxy, and the rules shall so provide. No committee of
6the convention, including the executive committee, shall exceed seventeen members, and
7the rules shall so provide.
8 (D) After completing organizational activities, the convention may meet either as
9a full body or in committees until it completes its duties as provided in this Act.
10 Section 6. Staff; budget; committees. (A) As soon as possible after the members
11of the executive committee are elected, the executive committee shall request the provision
12of professional, research, technical, and clerical employees from any public or private
13sources the committee deems necessary to accomplish the work of the convention.
14 (B) The staff of the constitutional convention may include but shall not be limited
15to the following who shall not be delegates to the convention:
16 (1) A director of research who shall possess such qualifications as determined by the
17committee.
18 (2) Research assistants in such number and possessing such qualifications as
19determined by the committee.
20 (3) Personnel provided by the Louisiana State University, Tulane University, Loyola
21University, and Southern University law schools from the faculty as requested by the
22committee.
23 (4) Such other staff as the executive committee deems necessary.
24 (C) Notwithstanding any provision of law to the contrary, if a staff member provided
25to the convention is engaged in regular, bona fide employment, the staff member may
26continue to be paid and receive the usual compensation and benefits from his employer while
27the staff member is engaged in the work of the committee or the convention.
28 (D) As soon as possible after the members of the executive committee are elected,
29the executive committee shall prepare a budget of anticipated expenses of the convention
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1based on the amount of the appropriation for the convention and any other funds available
2for expenditure.
3 (E) The executive committee may create and establish such substantive and
4procedural committees as it deems appropriate. The chairman of the convention shall
5appoint the chairman, vice chairman, and the membership of each such committee.
6 (F) Unless the legislature is in session, the House chamber, Senate chamber, and the
7legislative committee rooms in the state capitol shall be available for use by the convention
8and its committees. If the facilities at the state capitol are not available or are not sufficient
9for use by the convention or its committees, the convention or its committees shall meet at
10a suitable location in the capital city, which location shall be determined by the chairman of
11the convention, and public notice of the location shall be given and posted at suitable
12locations in the state capitol. The convention shall have full authority to use the facilities
13and services of any board, commission, department, or agency of the state or of any political
14subdivision of the state, and all such entities shall cooperate with the convention to the
15fullest extent in furnishing services, facilities, and employees upon request. In addition, the
16convention may use the facilities and services of other persons and organizations.
17 (G) The convention shall have full authority to accept grants, monies, aid, facilities,
18and services from public or private sources for the purpose of accomplishing its task of
19framing a new constitution. Any such grants, monies, facilities, services, and donations, as
20well as the names of the donors thereof, shall be recorded in the record of the proceedings
21of the convention, and such records shall be open to inspection by any person.
22 Section 7. Advisory members to the convention. (A) The convention, subject to its
23rules of procedure, may request the assistance of advisory members to the convention who
24shall be composed of twenty-seven members as follows:
25 (1) A member appointed with the concurrence of the Public Affairs Research
26Council of Louisiana, the Louisiana Budget Project, and the Council for a Better Louisiana.
27 (2) A member appointed with the concurrence of the Louisiana Association of
28Business and Industry and the National Federation of Independent Business.
29 (3) A member appointed with the concurrence of Blueprint Louisiana and the
30Committee of 100 for Economic Development.
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1 (4) A representative of the Louisiana AFL-CIO appointed by the Louisiana AFL-
2CIO.
3 (5) A member of any Louisiana chapter of the National Association for the
4Advancement of Colored People appointed by the chairman of the national board of
5directors of the association.
6 (6) A representative of elected parish officials appointed with the concurrence of the
7Louisiana Sheriffs' Association, the Louisiana Assessors' Association, and the Louisiana
8Clerks of Court Association.
9 (7) A representative of local governmental bodies appointed with the concurrence
10of the Louisiana Municipal Association, the Police Jury Association of Louisiana, and the
11Louisiana School Boards Association.
12 (8) One representative of the Louisiana State Law Institute appointed by the
13Louisiana State Law Institute.
14 (9) A representative of the Louisiana State University system appointed by the
15Board of Supervisors of Louisiana State University and Agricultural and Mechanical
16College.
17 (10) A representative of the Southern University system appointed by the Board of
18Supervisors of Southern University and Agricultural and Mechanical College.
19 (11) A representative of the University of Louisiana system appointed by the Board
20of Supervisors for the University of Louisiana System.
21 (12) One member appointed by the Louisiana Association of Independent Colleges
22and Universities.
23 (13) A representative of the Louisiana Farm Bureau Federation appointed by the
24Louisiana Farm Bureau board of directors.
25 (14) One member appointed with the concurrence of the Louisiana District Judges
26Association, the Conference of Court of Appeal Judges, and the chief justice of the
27Louisiana Supreme Court.
28 (15) Four members of the Louisiana House of Representatives appointed by the
29speaker of the House of Representatives.
30 (16) Four members of the Louisiana Senate appointed by the president of the Senate.
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1 (17) Four members appointed by the governor.
2 (18) One representative of the Louisiana Tax Institute appointed by the board of the
3Louisiana Tax Institute.
4 (B)(1) Appointments made pursuant to this Section shall be submitted to the
5chairman of the convention and the secretary of state no later than fifteen days after the
6convention requests the appointments. The secretary of state shall issue a commission to
7each person appointed as provided in this Section.
8 (2) If a person appointed as an advisory member is unable to serve for any reason,
9the vacancy shall be filled in the manner of the original appointment.
10 (C) Advisory members appointed pursuant to this Section may participate in
11discussion and debate only in committees established by the convention and only if
12authorized in the rules of the convention but shall not have the right to vote. No advisory
13member shall be allowed to participate in more than two committees formed by the
14convention nor shall any advisory member be allowed to participate on the executive
15committee.
16 Section 8. Compensation of delegates. No delegate may accept any compensation
17from any source for work performed as a delegate to the convention. However, if a delegate
18is engaged in regular, bona fide employment, should the delegate's employer choose to
19continue to pay the usual compensation while the delegate is engaged in the work of the
20convention, such delegate may accept that compensation, notwithstanding any provision of
21law to the contrary.
22 Section 9. Appropriation; use of funds. (A) Any appropriation for the expenses of
23the convention shall be used solely to defray the necessary expenses of the constitutional
24convention for which provision is made in this Act, including the payment for supplies,
25materials, equipment, printing, and reproduction of materials, and all other necessary
26expenses incurred in connection with the convention and its work.
27 (B) Any funds appropriated for the convention shall be withdrawn from the state
28treasury in accordance with warrants signed by the chairman of the convention, and all
29checks for the disbursement of funds shall be signed by the chairman and the vice chairman
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1of the convention or by the chairman or vice chairman and such other person as shall be
2designated by the convention.
3 (C) The legislature shall make adequate appropriations to the convention for so long
4as the convention remains in existence and for so long thereafter as is necessary to assure
5the payment of all expenses incurred in connection with the work of the convention. The
6convention shall not be deemed to be a budget unit of the state and therefore shall not be
7subject to the provisions of Chapter 1 of Title 39 of the Louisiana Revised Statutes of 1950.
8The financial books and records of the convention, however, shall be subject to audit by the
9legislative auditor.
10 Section 10. Submission of proposed constitution; election. (A) Upon completion
11of its work, and not later than July 1, 2023, and subject to the limitations provided in Section
124 of this Act, the convention shall submit a proposed draft of a new constitution for the state
13to the governor. At the discretion of the convention, but subject to the limitations provided
14in Section 4 of this Act, the convention may also propose and submit at the same time such
15alternative provisions as it deems appropriate. The constitution as drafted by the convention,
16together with any alternative provisions proposed for submission, shall be submitted to the
17people for adoption or rejection. Within ten days after submission of the proposed draft to
18the governor, he shall by proclamation call an election to be held at the same time as the
19gubernatorial primary election in 2023 for the purpose of submitting the proposed draft to
20the people for adoption or rejection.
21 (B) The election shall be held and the results shall be promulgated in accordance
22with the Louisiana Election Code. All electors duly qualified to vote in the state at the time
23of the election shall be entitled to vote without regard to party affiliation in their respective
24precincts on the proposition for or against adoption of the revision and on the question or
25questions of adoption of such alternative provisions as may be proposed by the convention.
26The costs of the election shall be paid as provided in the Louisiana Election Code for
27elections in which a constitutional amendment appears on the ballot.
28 (C) The convention may submit to the electors of the state the proposal for
29acceptance or rejection of the constitution and any alternative provisions in such form and
30manner as it may determine and may direct the proper election officials to take the necessary
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1steps to effectuate such determination of the convention in presenting the proposed
2constitution and any alternative provisions to the electors. Adoption of the constitution and
3of any such alternative provisions shall require the favorable vote of a majority of the
4electors voting on the respective proposition.
5 (D) Upon promulgation of the results of the election by the secretary of state, if the
6constitution is ratified and adopted by the people in the election for which provision is made
7in this Section, the governor shall proclaim the constitution, including such alternative
8provisions as are adopted by the people at the election, to be the Constitution of Louisiana.
9The constitution, including such alternative provisions as are so adopted, shall become
10effective at midnight on December 31, 2023, except as otherwise provided in the constitution
11adopted or in any such alternative provisions adopted.
12 Section 11.(A) The provisions of the proposed revision of the constitution shall be
13severable. If any provision of the proposed revision of the constitution is deemed null and
14void and of no effect by final judgment of a court of competent jurisdiction after adoption
15by the convention but prior to its submission to the electors, then the provision deemed null
16and void shall be removed from the proposed revision of the constitution by the secretary
17of state and the remainder of the proposed revision of the constitution shall be submitted to
18the electors in accordance with this Act.
19 (B) If any provision of the revision of the constitution, or the application thereof, is
20deemed invalid after ratification by the electors, such invalidity shall not affect other
21provisions, items, or applications of the revision which can be given effect without the
22invalid provision, item, or application.
23 Section 12. If any provision or application of this Act that authorizes the convention
24to consider only certain subject matters and certain provisions of the constitution and
25prohibits the convention from considering other subject matters and provisions is held
26invalid, including without limitation any provision of Section 4 of this Act, then this entire
27Act shall be invalid and of no effect. However, if any other provision of this Act or the
28application thereof is held invalid, such invalidity shall not affect other provisions or
29applications of this Act that can be given effect without the invalid provision or application.
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1 Section 13. This Act shall become effective upon signature by the governor or, if not
2signed by the governor, upon expiration of the time for bills to become law without signature
3by the governor, as provided in Article III, Section 18 of the Constitution of Louisiana. If
4vetoed by the governor and subsequently approved by the legislature, this Act shall become
5effective on the day following such approval.
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 259 Original 2022 Regular Session Magee
Abstract: Calls a limited constitutional convention to convene on Aug. 1, 2022, to be
composed of 120 delegates, appointed from congressional districts by the speaker of
the House, president of the Senate, governor, and chief justice of the supreme court.
Requires convention to complete draft of proposed constitution by July 1, 2023.
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.
Constitutional Convention
Proposed law provides for a constitutional convention as follows:
(1)Calls the convention to convene at noon on Aug. 1, 2022, to frame a new constitution
for the state, subject to the terms, conditions, and provisions of the Act.
(2)Provides for 120 delegates, appointed by July 15, 2022, from each of 2020
congressional districts as follows:
(a)The speaker of the House shall appoint five delegates from each of the
congressional districts.
(b)The president of the Senate shall appoint five delegates from each of the
congressional districts.
(c)The governor shall appoint five delegates from each of the congressional
districts.
(d)The chief justice, after consultation with the associate justices, shall appoint
five delegates from each the congressional districts.
(3)Requires that delegates be qualified electors of the state and be domiciled in the
district from which appointed. Excepts service of delegates and service of the staff
of the convention from dual employment/dual officeholding laws. Delegates,
advisory committee members, and staff are subject to the code of ethics. Further,
delegates, advisory committee members, 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
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delegates and staff are entitled to continuance of cases in which they are counsel of
record while attending sessions and convention work.
(4)Provides for filling of vacancies in manner of original appointment within 30 days.
Proposed law grants to the convention the authority to frame a new state constitution.
However, provides that the convention may propose substantive changes only 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).
(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 X (Public Officials and Employees).
(5)Article XII (General Provisions), but only with respect to Sections 6, 7, 8, 8.1, 9, 10,
and 16.
(6)Any provision of the constitution concerning revenue or a fund, subfund, account,
or other designation of funds.
(7)Article XIV (Transitional Provisions), but only as necessary to provide an orderly
transition for proposed changes pursuant to items (1) through (6) 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.
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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 that the convention shall adopt rules of procedure when it convenes.
Prohibits proxy voting. Limits committee membership to 17 members.
Proposed law provides for the initial meeting of the convention on Aug. 1, 2022. 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 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
appoints the chairman, vice chairman, and membership of each such committee.
(5)Requires that the House chamber, Senate 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.
(7)Provides that the convention may provide in its rules for advisory members who may
participate in discussion and debate in up to two committees only, but shall not be
allowed to vote and shall not participate on the executive committee. Provides that
if so requested by the convention, the appointments shall be made and submitted to
the chairman of the convention and the secretary of state no later than 15 days after
the request. Provides that the advisory members shall consist of:
(a)A member appointed with the concurrence of the Public Affairs Research
Council of La., the La. Budget Project, and the Council for a Better La.
(b)A member appointed with the concurrence of the La. Assoc. of Business and
Industry and the National Federation of Independent Business.
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HB NO. 259
(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 Assoc. 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' Assoc., the La. Assessors' Assoc., and the La. Clerks of
Court Assoc.
(g)A representative of local governmental bodies appointed with the
concurrence of the La. Municipal Assoc., the Police Jury Assoc. of La., and
the La. School Boards Assoc.
(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 Bd. of
Supervisors of La. State University and Agricultural and Mechanical
College.
(j)A representative of the Southern University system appointed by the Bd. of
Supervisors of Southern University and Agricultural and Mechanical
College.
(k)A representative of the University of La. system appointed by the Bd. of
Supervisors for the University of La. system.
(l)One member appointed by the La. Assoc. 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
Assoc., 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.
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,
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HB NO. 259
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 requires the convention, upon completion of its work and subject to the subject
matter limitations on the convention, to submit the proposed constitution to the governor and
the presiding officers of the legislature no later than July 1, 2023. Requires the presiding
officers to post the proposed constitution on the legislative website within 24 hours of
receipt. Provides that the proposed constitution shall be submitted to the people for their
adoption or rejection at a special election. Requires the governor to call the election within
10 days after the draft is submitted, to be held at the same time as the gubernatorial primary
election in 2023 (Oct. 14, 2023). 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.
Proposed law provides that the provisions of the proposed revision of the constitution shall
be severable and provides that if any provision is deemed null and void and of no effect by
final judgment of a court of competent jurisdiction after adoption by the convention but prior
to its submission to the electors, then the provision deemed null and void shall be removed
from the proposed revision of the constitution by the secretary of state and the remainder of
the proposed revision of the constitution shall be submitted to the electors in accordance
proposed law. Further provides that if any provision of the revision of the constitution, or
the application thereof, is deemed invalid after ratification by the electors, such invalidity
shall not affect other provisions, items, or applications of the revision which can be given
effect without the invalid provision, item, or application.
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 to be the Constitution of La. Provides that the new constitution shall become
effective at midnight on Dec. 31, 2023, except as otherwise provided in the constitution.
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 proposed law in its entirety 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 proposed law
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
Appointment of 120 convention delegates 7/15/22
Convention to convene 8/1/22 (noon)
Convention to submit draft constitution to the governor
and presiding officers by
7/1/23
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HB NO. 259
What Date
Election for submission of proposed constitution10/14/23 (Gubernatorial
primary election)
Constitution becomes effective if adopted 12/31/23 (midnight)
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