HLS 24RS-895 RE-REENGROSSED
2024 Regular Session
HOUSE BILL NO. 800
BY REPRESENTATIVES BEAULLIEU, AMEDEE, BAGLEY, BAMBURG, BERAULT,
BOURRIAQUE, BOYER, BUTLER, CARLSON, CARRIER, CARVER,
CHENEVERT, COX, CREWS, DESHOTEL, DEVILLIER, DEWITT,
DICKERSON, DOMANGUE, ECHOLS, EDMONSTON, EGAN, EMERSON,
FARNUM, FIRMENT, GLORIOSO, HEBERT, HENRY, HORTON, ILLG, MIKE
JOHNSON, JACOB LANDRY, MACK, MCCORMICK, MCFARLAND,
MCMAHEN, MCMAKIN, MELERINE, MUSCARELLO, MYERS, OWEN,
ROMERO, SCHAMERHORN, ST. BLANC, TARVER, THOMAS, THOMPSON,
TURNER, VENTRELLA, WILDER, WRIGHT, AND WYBLE
CONSTITUTION/CONVENTION: Provides for calling a limited constitutional convention
1 AN ACT
2To provide for the calling of a limited constitutional convention for the purpose of framing
3 a new constitution; to provide for legislative findings; to fix the time and place for
4 the convention; to provide for the delegates of the convention; to provide for the
5 organization and staff of the convention; to require that the constitution as adopted
6 by the convention be submitted to the qualified electors for adoption and to provide
7 relative to such submission; to provide for the application of specified laws,
8 including provisions of law containing criminal penalties, to delegates and staff of
9 the convention; to provide for the disbursement of funds for the convention and
10 otherwise provide with respect to funds for the convention; to place limitations on
11 the convention to propose changes; to fix the effective date of the new constitution
12 if approved by the electorate; to provide for an effective date; and to provide for
13 related matters.
14Be it enacted by the Legislature of Louisiana:
15 Section 1. Legislative findings. The legislature finds that:
16 (A) It has been almost fifty years since the Constitution of Louisiana became
17effective at midnight on December 31, 1974, and during these years the document which
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1constitutes the state's basic law has been amended two hundred sixteen times. At more than
2seventy-five thousand words, the Constitution of Louisiana ranks among the largest
3constitutions in the nation.
4 (B) The constitution today contains many provisions that restrict the legislature from
5effectively addressing state and constituent needs, and the document also includes extensive
6provisions that are so detailed as to be statutory rather than constitutional in nature and, as
7a result, require continual constitutional amendment when change is needed.
8 (C) The state constitution needs to be streamlined to the fundamental and
9foundational law of the state, including the basic principles of the state, the structure of
10government, and the fundamental rights of citizens. Other extremely detailed provisions in
11the constitution should be transitioned out of the constitution and made statutory to allow
12for flexibility and innovation in legislative solutions to problems of the present and the
13future.
14 Section 2. Call for convention; delegates. (A) A constitutional convention is hereby
15called, to convene no earlier than May 30, 2024, and at least three calendar days after the
16issuance of a proclamation setting the date and time of convening by the speaker of the
17House of Representatives, which shall be held for the purpose of framing a new constitution
18for the state of Louisiana subject to the limitations provided in Section 4 of this Act.
19 (B)(1) There shall be one hundred seventy-one delegates to the convention who shall
20be selected as follows:
21 (a) One hundred five delegates shall be the members of the House of Representatives
22of the Legislature of Louisiana.
23 (b) Thirty-nine delegates shall be the members of the Senate of the Legislature of
24Louisiana.
25 (c) Twenty-seven delegates shall be appointed by the governor.
26 (2) The secretary of state shall issue a commission to each delegate.
27 (3) The service of a legislator or other public official or public employee as a
28delegate to the convention and the employment or appointment of any public official or
29public employee to the staff of the convention and his service on such staff, as authorized
30and provided in this Act, shall not be construed to constitute dual officeholding or dual
31employment within the prohibitions of Part III of Chapter 2 of Title 42 of the Louisiana
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1Revised Statutes of 1950. The service of a judge as a delegate to the convention shall not
2be construed as grounds for recusal. Each delegate shall be considered to be an elected
3official within the scope of and subject to the provisions of the Code of Governmental
4Ethics, Chapter 15 of Title 42 of the Louisiana Revised Statutes of 1950. Each staff member
5of the convention shall be considered to be a public employee within the scope of and
6subject to the provisions of the Code of Governmental Ethics, Chapter 15 of Title 42 of the
7Louisiana Revised Statutes of 1950. For purposes of Chapter 15 of Title 42 of the Louisiana
8Revised Statutes of 1950, the agency and the governmental entity of delegates and staff
9members of the convention shall be the convention. For purposes of any other office or
10employment of any such delegate or staff member, the provisions of Chapter 15 of Title 42
11of the Louisiana Revised Statutes of 1950 shall remain applicable. Each delegate to the
12convention and each staff member of the convention shall be considered to be a public
13officer, public official, public employee, or person in a position of public authority for
14purposes of the application of the provisions of the Louisiana Criminal Code. No delegate
15shall accept or deposit a campaign contribution as defined in R.S. 18:1483 and no campaign
16fundraising function shall be held for or by a delegate during the time period established in
17this Act for the conduct of the convention. The provisions of the Public Records Law shall
18apply to the convention, its committees, and delegates to the same extent and with the same
19limitations as applicable to records of the legislature and members of the legislature. The
20provisions of the Open Meetings Law shall apply to the convention and its committees in
21the same manner as applicable to the legislature and either house or committees thereof.
22 (4) Any attorney at law serving as a delegate to the convention or as a member of
23the staff of the convention shall be entitled to the absolute right of the continuance of any
24case in which he is bona fide counsel of record in any court of the state during his attendance
25upon the sessions and work of the convention.
26 Section 3. Vacancies. (A) In the event of the death or the inability due to a
27documented illness of a legislative delegate to serve, whether before or during the
28convention, the presiding officer of the house of the legislature in which the delegate serves
29as a legislator may fill such vacancy by appointment of a person from the same legislative
30district who possesses the same age, residence, and domicile requirements contained in
31Article III, Section 4 of the Constitution of Louisiana for membership in the legislature.
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1 (B) In the event of the death or the inability due to a documented illness of a
2gubernatorially appointed delegate to serve, whether before or during the convention, the
3governor may appoint a person to fill the vacancy.
4 Section 4.(A) Subject to the limitations contained in Subsection B of this Section,
5the convention shall have authority to frame a new constitution for the state which shall be
6submitted to the electors of the state for their approval or rejection.
7 (B) The convention shall be limited in its authority with respect to all matters
8contained in the Constitution of Louisiana of 1974, as amended, to the following:
9 (1)(a) Determining the provisions of the constitution that constitute the fundamental
10and foundational law of the state that should remain in the constitution, including the basic
11principles of the state, the structure of government, and the fundamental rights of citizens.
12 (b) Retaining without affecting the effect of the following fundamental provisions
13of the Constitution of Louisiana:
14 (i) Article I.
15 (ii) Article II.
16 (iii) Article III.
17 (iv) Article IV.
18 (v) Article V, Section 23.
19 (vi) Article V, Sections 26 and 27.
20 (vii) Article VII, Sections 3(B) and 10(D)(3).
21 (viii) Article VII, Section 9.
22 (ix) Article VII, Section 20.
23 (x) Article VIII, Section 7, as it relates to the Board of Supervisors of Southern
24University and Agricultural and Mechanical College.
25 (xi) Article VIII, Section 13.
26 (xii) Article X, Section 10(A)(1)(b).
27 (xiii) Article X, Section 29.
28 (2) Determining the provisions of the constitution that do not constitute the
29fundamental or foundational law of the state that should be transitioned out of the
30constitution and made statutory.
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1 (3) Determining the language in the constitution that is duplicative, redundant,
2outdated, or transitional in nature which can be removed or updated without affecting the
3effect of the constitutional provisions.
4 (4) Determining whether additional requirements on the proposal and adoption of
5future constitutional amendments is necessary or desirable.
6 (5) Proposing a new constitution based upon the determinations made in accordance
7with this Subsection.
8 (C) In addition to the authority to propose changes as provided in Subsection (B) of
9this Section, but solely for the purposes of orderly arrangement, style and conformity, the
10convention may incorporate in its proposed revision nonsubstantive changes to the
11provisions of the constitution but only to the extent that they are essential in order to
12conform to the changes being proposed. For the same purposes, the convention may:
13(1) renumber or rearrange provisions, (2) transfer or divide provisions, (3) change reference
14designations to conform to redesignated provisions, and (4) make any other purely formal
15or clerical changes in keeping with the purpose of the revision.
16 (D) Any action by the convention in contravention of the provisions of this Section
17shall be null and void and of no effect.
18 (E) Any action to determine a question of the construction or validity of this Act, to
19determine the scope of authority of the convention, or to determine the conformity of any
20action of the convention with the provisions of this Act shall be brought in the Nineteenth
21Judicial District Court. The matter shall be tried by preference over other matters, and the
22court shall render a decision as soon as practicable. In the event of an appeal, the appellate
23court shall place the matter on its preferential docket, shall hear it without delay, and shall
24render a decision as soon as practicable.
25 Section 5.(A) The provisions of the proposed revision of the constitution shall be
26severable. If any provision of the proposed revision of the constitution is deemed null and
27void and of no effect by final judgment of a court of competent jurisdiction after adoption
28by the convention but prior to its submission to the electors, then the provision deemed null
29and void shall be removed from the proposed revision of the constitution by the secretary
30of state and the remainder of the proposed revision of the constitution shall be submitted to
31the electors in accordance with this Act.
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1 (B) If any provision of the revision of the constitution, or the application thereof, is
2deemed invalid after ratification by the electors, such invalidity shall not affect other
3provisions, items, or applications of the revision which can be given effect without the
4invalid provision, item, or application.
5 Section 6. Convention organization. (A)(1) The delegates to the convention chosen
6as provided in this Act shall convene in the House Chamber in the state capitol, or at such
7other suitable location in the capital city as shall be determined jointly by the presiding
8officers of the legislature, on the date and at the time of convening established as provided
9in Section 2 of this Act. The speaker of the House of Representatives shall preside until the
10chairman has been elected. The secretary of state, or her designee, shall attend the opening
11of the convention and call the roll of the delegates and shall administer the following oath
12to the delegates:
13 "I, . . ., do solemnly swear (or affirm) that I will support the constitution and laws of
14the United States and the constitution and laws of this state and that I will faithfully and
15impartially discharge and perform all the duties incumbent on me as a delegate to the
16convention, according to the best of my ability and understanding, and that I will observe
17and obey the limitation of authority contained in the Act under which this convention has
18assembled. So help me God."
19 (2) No delegate shall be qualified to serve as such unless and until he has taken and
20subscribed to the oath in Paragraph (1) of this Subsection.
21 (B) After the oath has been administered, the delegates shall proceed to effect the
22permanent organization of the convention and shall:
23 (1) Adopt rules of procedure for the convention, which rules shall not be inconsistent
24with the provisions of this Act.
25 (2) Elect from among their number a chairman, a vice chairman, and such other
26officers as they deem necessary.
27 (3) Either elect from among their number an executive committee, the membership
28of which shall be determined by the delegates but which shall include among its members
29all of the elected officers of the convention, or elect to have the legislators who serve on the
30Legislative Budgetary Control Council serve as the executive committee of the convention.
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1 (4) Select a chief clerical officer of the convention from among the chief clerical
2officers of the House of Representatives and the Senate and their assistants, who shall not
3be a delegate and whose duties shall be provided by the rules of procedure for the
4convention.
5 (5) Take such other actions as they deem necessary to effect a permanent
6organization of the convention.
7 (C) Prior to the convening of the convention, members of the House of
8Representatives and Senate staffs as designated by the presiding officers of the legislature
9shall prepare a draft of rules of procedure for consideration, amendment, and adoption by
10the convention when it convenes. Such proposed rules shall be based upon the rules of the
11constitutional convention convened in 1973, except as inconsistent with the provisions of
12this Act. The rules of procedure adopted by the convention shall be subject to later change
13as the delegates shall provide therein. No action shall be taken by the convention without
14the favorable vote of at least a majority of the legislative delegates from the House of
15Representatives present and voting, a majority of the legislative delegates from the Senate
16present and voting, and a majority of the delegates appointed by the governor present and
17voting, each group of delegates voting separately, a quorum of the convention being present.
18No delegate shall be allowed to vote by proxy and the rules shall so provide. No committee
19of the convention, including the executive committee, shall exceed seventeen members and
20the rules shall so provide.
21 (D) After completing organizational activities, the convention may meet either as
22a full body or in committees until it completes its duties as provided in this Act. Any
23committee of the convention may begin meeting after completion of the convention's
24organizational activities. Each committee that meets shall provide a report of its activities
25to the full convention no later than August, 1, 2024.
26 Section 7. Legal Advisor; staff; budget; committees.
27 (A)(1) The attorney general or her designee shall be the legal advisor to the
28convention.
29 (2) Staff support for the convention shall be provided by the staffs of the House of
30Representatives, the Senate, the legislative fiscal office, the legislative auditor's office, and
31other legislative agencies. In addition, as soon as possible after the members of the
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1executive committee are selected, the executive committee shall request the provision of
2professional, research, technical, and clerical employees from any public or private sources
3the committee deems necessary to accomplish the work of the convention.
4 (B) The staff of the constitutional convention may include but shall not be limited
5to the following who shall not be delegates to the convention:
6 (1) A director of research who shall possess such qualifications as determined by the
7committee.
8 (2) Research assistants in such number and possessing such qualifications as
9determined by the committee.
10 (3) Personnel from the faculty of in-state law schools as requested by the committee.
11 (4) Such other staff as the executive committee deems necessary.
12 (C) Notwithstanding any provision of law to the contrary, if a staff member provided
13to the convention is engaged in regular, bona fide employment, the staff member may
14continue to be paid and receive the usual compensation and benefits from his employer while
15the staff member is engaged in the work of the committee or the convention.
16 (D) As soon as possible after the members of the executive committee are elected,
17the executive committee shall prepare a budget of anticipated expenses of the convention
18based on the amount of the appropriation for the convention and any other funds available
19for expenditure.
20 (E) The executive committee may create and establish such substantive and
21procedural committees as it deems appropriate. The chairman of the convention shall
22appoint the chairman, vice chairman, and the membership of each such committee.
23 (F) Unless the legislature is in session, the House chamber, the Senate chamber, and
24the legislative committee rooms in the state capitol shall be available for use by the
25convention and its committees. If the facilities at the state capitol are not available or are
26not sufficient for use by the convention or its committees, the convention or its committees
27shall meet at a suitable location in the capital city, which location shall be determined by the
28chairman of the convention, and public notice of the location shall be given and posted at
29suitable locations in the state capitol. The convention shall have full authority to use the
30facilities and services of any board, commission, department, or agency of the state or of any
31political subdivision of the state, and all such entities shall cooperate with the convention to
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1the fullest extent in furnishing services, facilities, and employees upon request. In addition,
2the convention may use the facilities and services of other persons and organizations.
3 Section 8. Compensation of delegates. The delegates to the convention shall receive
4the same per diem and travel allowances provided for members of the legislature pursuant
5to R.S. 24:31 and 31.1 for their attendance at the convention or any committee thereof. No
6delegate shall receive a per diem or travel allowance for any day for which the delegate also
7received a per diem or travel allowance for his duties as a legislator or for other public
8service. No delegate may accept any compensation from any other source for work
9performed as a delegate to the convention. However, if a delegate is engaged in regular,
10bona fide employment, should the delegate's employer choose to continue to pay the usual
11compensation while the delegate is engaged in the work of the convention, such delegate
12may accept that compensation, notwithstanding any provision of law to the contrary.
13 Section 9. Appropriation; use of funds. (A) Any appropriation for the expenses of
14the convention shall be used solely to defray the necessary expenses of the constitutional
15convention for which provision is made in this Act, including the payment for supplies,
16materials, equipment, printing, and reproduction of materials, and all other necessary
17expenses incurred in connection with the convention and its work.
18 (B) Any funds appropriated for the convention shall be withdrawn from the state
19treasury in accordance with warrants signed by the chairman of the convention, and all
20checks for the disbursement of funds shall be signed by the chairman and the vice chairman
21of the convention or by the chairman or vice chairman and such other person as shall be
22designated by the convention.
23 (C) The convention shall not be deemed to be a budget unit of the state and therefore
24shall not be subject to the provisions of Chapter 1 of Title 39 of the Louisiana Revised
25Statutes of 1950. The financial books and records of the convention, however, shall be
26subject to audit by the legislative auditor.
27 (D) The presiding officers of the legislature may authorize the use of funds
28appropriated to the legislature for Fiscal Year 2023-2024 to defray expenses of the
29constitutional convention.
30 Section 10. Submission of proposed constitution; election. (A) Upon completion
31of its work, and not later than August 15, 2024, and subject to the limitations provided in
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1Section 4 of this Act, the convention shall submit a proposed draft of a new constitution for
2the state to the governor. The constitution as drafted by the convention shall be submitted
3to the people for adoption or rejection. Within ten days after submission of the proposed
4draft to the governor, he shall by proclamation call an election to be held at the same time
5as the congressional primary election in 2024 for the purpose of submitting the proposed
6draft to the people for adoption or rejection.
7 (B) The election shall be held and the results shall be promulgated in accordance
8with the Louisiana Election Code. All electors duly qualified to vote in the state at the time
9of the election shall be entitled to vote without regard to party affiliation on the proposition
10for or against adoption of the revision of the constitution proposed by the convention. The
11costs of the election shall be paid as provided in the Louisiana Election Code for elections
12in which a constitutional amendment appears on the ballot.
13 (C) The convention may submit to the electors of the state the proposal of
14acceptance or rejection of the constitution and may direct the proper election officials to take
15the necessary steps to effectuate such determination of the convention in presenting the
16proposed constitution to the electors. Adoption of the constitution shall require the favorable
17vote of a majority of the electors voting on the proposition.
18 (D) Upon promulgation of the results of the election by the secretary of state, if the
19constitution is ratified and adopted by the people in the election for which provision is made
20in this Section, the governor shall proclaim the constitution to be the Constitution of
21Louisiana. The constitution shall become effective at midnight on December 31, 2024,
22except as otherwise provided in the constitution adopted.
23 Section 11. This Act shall become effective upon signature by the governor or, if not
24signed by the governor, upon expiration of the time for bills to become law without signature
25by the governor, as provided in Article III, Section 18 of the Constitution of Louisiana. If
26vetoed by the governor and subsequently approved by the legislature, this Act shall become
27effective 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 800 Re-Reengrossed 2024 Regular Session Beaullieu
Abstract: Calls a constitutional convention to convene no earlier than May 30, 2024, and
at least three days after the speaker of the House issues a proclamation setting time and date
of convening. Provides the convention is composed of 171 delegates, who are the 105
members of the House of Representatives, the 39 members of the Senate, and 27 delegates
appointed by the governor. Requires the convention to complete a new constitution by
August 15, 2024.
Proposed law states legislative findings that there is a need to address a number of areas that
require constitutional change, that the constitution restricts the legislature from effectively
addressing state and constituent needs, and that revision of the state constitution is needed
to address the state's critical needs and transition provisions that do not constitute the
fundamental and foundational law of this state to statutory provisions, and to craft provisions
that allow legislative solutions without the need to constantly amend the constitution.
Constitutional Convention
Proposed law provides for a constitutional convention as follows:
(1)Calls the convention to convene no earlier than May 30, 2024, and at least three days
after the speaker of house issues a proclamation setting time and date of convening,
to frame a new constitution for the state.
(2)Provides for 171 delegates (the 105 members of the House of Representatives; the
39 members of the Senate; and 27 delegates appointed by the governor).
(3)Excepts service of delegates and staff of the convention from dual employment/dual
officeholding laws. Delegates and staff are subject to the code of ethics. Further,
delegates and staff are considered public officers, public officials, public employees,
or persons in a position of public authority for purposes of the application of the
provisions of the La. criminal code. Provides that service of a judge as a delegate is
not grounds for recusal. Attorney delegates and staff are entitled to continuance of
cases in which they are counsel of record while attending sessions and convention
work. Prohibits acceptance or deposit of campaign contributions and fundraisers by
delegates during the time of the convention. Provides that records of the convention
and delegates are subject to the Public Records Law to the same extent and
limitations applicable to the legislature and legislators.
(4)Provides for filling of vacancies in legislative delegates' offices by appointment by
the appropriate presiding officer of a qualified person from the same district.
Provides the governor may appoint to fill a vacancy in his appointed delegate offices.
Proposed law grants to the convention the authority to frame a new state constitution based
upon specified determinations subject to specific limitations.
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 or elect to have the legislator members of the
Legislative Budgetary Control Council serve as the executive committee; and other
actions necessary to organize.
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(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. Provides that action by the convention requires a
favorable vote of House delegates, Senate delegates, and gubernatorially appointed
delegates, each group of delegates voting separately, a quorum of the convention
being present. Prohibits proxy voting. Limits committee membership to 17
members.
Proposed law provides for the initial meeting of the convention no earlier than May 30,
2024, and at least three days after the speaker of house issues a proclamation setting time
and date of convening. Provides that after organizational activities are completed, the
convention may meet either as a full body or in committees until it completes its duties.
Authorizes committees of the convention to begin meeting after the organization activities.
Each committee shall report activities to the full convention no later than Aug.1, 2024.
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 the attorney general or her designee shall serve as legal advisor to the
convention and that convention staff may include but not be limited to a research
director, research assistants, personnel provided by the in-state 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
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.
Proposed law provides for compensation of delegates and payment of convention expenses:
(1)Prohibits a delegate from accepting any compensation from any other source 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. Authorizes the presiding officers to utilize funds
appropriated to the legislature to defray expenses of the convention.
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(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 to the governor the proposed constitution by
Aug. 15, 2024. Provides that the constitution proposed for submission 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
congressional primary in 2024 (Nov. 5, 2024). 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 as adopted, to be the Constitution of La. Provides that the constitution shall
become effective at midnight on Dec. 31, 2024, except as otherwise provided in the
constitution.
Effective upon signature of governor or lapse of time for gubernatorial action.
Timetable for Major Provisions of Bill
What Date
Convention to convene 5/30/2024 (or 3 days after
call of speaker, whichever
is later)
Convention to submit draft constitution to the governor
by
8/15/2024
Election for submission of proposed constitution11/5/24 (Congressional
primary & Presidential
election)
Constitution becomes effective if adopted, unless
otherwise specified
12/31/24 (midnight)
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Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on House and
Governmental Affairs to the original bill:
1. Provide specific vote requirement for action by the convention.
2. Require convention to retain without affecting the effect of Articles I, II, III, and
IV of the Const. of La.
3. Change deadline to submit proposed const. to the governor from July 15 to
June 3, 2024, and allow extension of deadline but not beyond July 15, 2024.
4. Authorize convention to address duplicative and redundant provisions and to
determine if additional requirements on the proposal and adoption of future
constitutional amendments is necessary or desirable.
5. Provide that the attorney general or her designee is legal advisor to the
convention.
6. Provide that service by a judge as a delegate shall not be construed as grounds
for recusal.
7. Make technical changes.
The House Floor Amendments to the reengrossed bill:
1. Change time of convening from May 20, 2024, to no earlier than May 30, 2024,
and at least three days after proclamation of speaker of the House setting time
and date; change deadline for submission of proposed constitution to the
governor from June 3, 2024 (with possible extension to July 15), to Aug. 15,
2024.
2. Require convention to retain without affecting the effect of Article V, Sections
23, 26, and 27; Article VII, Sections 3(B), 9, 10(D)(3), and 20; Article VIII,
Sections 7 (as it relates the Bd. of Supervisors of Southern University and A&M
College) and 13; and Article X, Sections 10(A)(1)(b) and 29.
3. Remove specific authority for the convention to accept grants, facilities, and
services from public and private sources.
4. Provide that after the convention completes organizational activities, any
committee of the convention may meet and each committee shall report to the
full convention no later than Aug. 1, 2024.
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