Amendment vs bill House Floor Amendment, #5544, McMakin, Proposed vs Engrossed

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HLS 26RS-292 ENGROSSED Regular Session HOUSE BILL NO.
HFAHB4 3645 5544 FOR OFFICE USE ONLY HOUSE FLOOR AMENDMENTS Regular Session Amendments proposed by Representative McMakin to Reengrossed House Bill No.
4 BY REPRESENTATIVE MCMAKIN CONSTITUTION/CONVENTION:
4 by Representative McMakin AMENDMENT NO.
Provides for calling a constitutional convention AN ACT To provide for the calling of a constitutional convention for the purpose of framing a new constitution;
1 On page 1, line 2, after "provide for" and before "the calling" insert the following:
to provide for legislative findings;
"the House Committee on House and Governmental Affairs and the Senate Committee on Senate and Governmental Affairs to meet to propose a plan for" AMENDMENT NO.
to fix the time and place for the convention;
2 Onpage1,line3,after"findings;"deletetheremainderofthelineanddeletelines4through 10 and insert the following:
to provide for the delegates of the convention;
"to provide for criteria for the committees to consider in formulating a proposal, including the time and place for the convention, the delegates of the convention, the organization and staff of the convention, that the constitution as adopted by the convention be submitted to the qualified electors for adoption, the application of specified laws to delegates and staff of the convention, the disbursement and use of funds for the convention, and the effective date" AMENDMENT NO.
to provide for the organization and staff of the convention;
3 On page 2, delete line 9, and at the beginning of line 10, delete "called, to" and insert the following:
to require that the constitution as adopted bythe convention be submitted to the qualified electors for adoption and to provide relative to such submission;
"Section 2.
to provide for the application of specified laws, including provisions of law containing criminal penalties, to delegates and staff of the convention;
The House Committee on House and Governmental Affairs and the Senate Committee on Senate and Governmental Affairs shall meet prior to the 2027RegularSessionoftheLegislaturetopreparelegislationforintroductioninthe 2027 Regular Session of the Legislatureto provideforthecallingofaconstitutional convention.
to provide for the disbursement of funds for the convention and otherwise provide with respect to funds for the convention;
The committees shall considerincludingin the proposed legislation the following proposals:
to fix the effective date ofthenewconstitutionifapprovedbytheelectorate;toprovideforaneffectivedate;
Proposal1.
and to provide for related matters.
Callforconvention;delegates.(A)Theconstitutionalconvention shall" AMENDMENT NO.
Be it enacted by the Legislature of Louisiana:
4 Onpage2, line30, after"suchstaff"delete the comma "," and delete "as authorized"andon page 3, at the beginning of line 1, delete "and provided in this Act," AMENDMENT NO.
Section 1.
5 On page 4, line 5, after "held" and before "in accordance" delete "under this Section" AMENDMENT NO.
Legislative findings.
6 On page 5, delete line 10 and at the beginning of line 11, delete "shall" and insert the following:
The legislature finds that:
Page 1 of 4 CODING:
(A) IthasbeenoverfiftyyearssincetheConstitution ofLouisianabecameeffective at midnight on December 31, 1974, and during these years the document which constitutes the state's basic law has been amended two hundred twenty-one times.
Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.
At more than seventy-five thousand words, the Constitution of Louisiana is one of the top five largest constitutions in the nation.
HFAHB4 3645 5544 "(4) The election shall otherwise" AMENDMENT NO.
(B) The constitution todaycontains too manyprovisions that restrict the legislature from effectively addressing state and constituent needs, and the document also includes Page 1 of 16 HLS 26RS-292 ENGROSSED HB NO.
7 On page 5, line 18, delete "Section 3." and insert "Proposal 2." AMENDMENT NO.
4 extensiveprovisionsthataresodetailedastobestatutoryratherthanconstitutionalinnature and, as a result, require continual constitutional amendment when change is needed.
8 On page 5, line 21, after "possesses the" delete the remainder of the line and delete line 22 and insert "provided qualifications." AMENDMENT NO.
(C) The state constitution needs to be streamlined to the fundamental and foundational law of the state, including the basic principles of the state, the structure of government, and the fundamental rights of citizens.
9 On page 5, delete line 27, and insert the following:
Other extremelydetailed provisions in the constitution should be transitioned out of the constitution and made statutory to allow for flexibility and innovation in legislative solutions to problems of the present and the future.
"Proposal 3.
Section2.
(A) Except as provided in Subsection B of this Proposal, the convention" AMENDMENT NO.
Callforconvention;delegates.
10 On page 6, at the end of line 6, change "Section" to "Proposal" AMENDMENT NO.
(A) Aconstitutionalconventionishereby called, to convene on Monday, April 10, 2028, at 12:00 noon, which shall be held for the purpose of framing a new constitution for the state of Louisiana.
11 Onpage6,attheendofline8,delete"thisAct,"andinsert"theActcallingtheconstitutional convention" AMENDMENT NO.
(B)(1) Thereshall be ninety-threedelegatesto theconventionwhoshall be selected as follows:
12 On page 6, line 10, after "provisions of" and before "Act" delete "this" and insert "the" AMENDMENT NO.
(a) Two delegates shall be elected from each of the districts from which members of the Senate of the Legislature of Louisiana are elected as provided in R.S.
13 On page 6, line 16, change "Section 5." to "Proposal 4." AMENDMENT NO.
24:35.1.
14 On page 6, line 22, after "with" delete "this Act." and insert "the Act calling the constitutional convention." AMENDMENT NO.
(b) One delegate shall be elected from each of the districts from which commissionersofthePublicServiceCommissionareelectedasprovidedinR.S.45:1161.4.
15 On page 6, delete line 27, and at the beginning of line 28, delete "as provided in this Act" and insert the following:
(c) Ten delegates shall be appointed by the governor, none of whom shall be the governor, the governor's spouse, or a member of the governor's executive staff.
"Proposal 5.
(2) EachdelegatetotheconventionshallbeanelectorofthestateofLouisiana,shall be at least eighteen years of age, and shall be a resident of the state of Louisiana.
Convention organization.
In addition, each delegate elected from a district shall be a resident of the district from which he is elected at the time he qualifies as a candidate for election as a delegate.
(A)(1)The delegates to the convention" AMENDMENT NO.
Any public official of the governmental subdivisions of the state, whether holding office byelection or appointment, if otherwise qualified, shall be eligible for election or appointment as a delegate of the convention.
16 On page 7, line 10, after "oath" delete the remainder of the line and insert a period "." AMENDMENT NO.
(3) The secretaryof state shall issue a commission to each delegate.
17 On page 7, line 23, after "elections" and before "shall" delete "provided for in this Section" AMENDMENT NO.
(4)(a) The service of a legislator or other public official or public employee as a delegate to the convention and the employment or appointment of any public official or public employee to the staff of the convention and his service on such staff, as authorized Page 2 of 16 HLS 26RS-292 ENGROSSED HB NO.
18 On page 7, delete lines 25 through 30 and on page 8, delete lines 1 through 17 Page 2 of 4 CODING:
4 and provided in this Act, shall not be construed to constitute dual officeholding or dual employment within the prohibitions of Part III of Chapter 2 of Title 42 of the Louisiana Revised Statutes of 1950.
Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.
(b) The service of a judge as a delegate to the convention shall not be construed as grounds for recusal.
HFAHB4 3645 5544 AMENDMENT NO.
(c) Eachdelegateshallbeconsideredtobeanelectedofficialwithinthescopeofand subject to the provisions of the Code of Governmental Ethics, Chapter 15 of Title 42 of the Louisiana Revised Statutes of 1950.
19 On page 8, line 18, change "(E)" to "Proposal 6.
Each staff member of the convention shall be considered to be a public employee within the scope of and subject to the provisions of the Code of Governmental Ethics, Chapter 15 of Title 42 of the Louisiana Revised Statutes of 1950.
(A)" AMENDMENT NO.
ForpurposesofChapter15 ofTitle 42 of the Louisiana RevisedStatutes of1950,the agency and the governmental entity of delegates and staff members of the convention shall be the convention.
20 On page 8, line 25, change "(F)" to "(B)" AMENDMENT NO.
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For purposes of anyother office or employment of anysuch delegate or staff member, the provisions of Chapter 15 of Title 42 of the Louisiana Revised Statutes of 1950 shall remain applicable.
21 Onpage8, attheend of line 27, delete "as"and at the beginning of line 28,delete"provided in this Act." and insert a period "." AMENDMENT NO.
(d) Each delegate to the convention and each staff member of the convention shall beconsideredto beapublicofficer,public official,publicemployee,orpersonin aposition of public authority for purposes of the application of the provisions of the Louisiana Criminal Code.
22 On page 9, line 5, change "Section" to "Proposal" AMENDMENT NO.
(e) NodelegateshallacceptordepositacontributionasdefinedinR.S.18:1483and nocampaignfundraisingfunctionshallbeheldfororbyadelegateduringtheperiodoftime from Monday, April 10, 2028, through Sunday, October 15, 2028.
23 On page 10, line 4, after"committee"delete the remainderof the line and insert a period "." AMENDMENT NO.
(f) The provisions of the Public Records Law shall apply to the convention, its committees, and delegates to the same extent and with the same limitations as applicable to records of the legislature and members of the legislature.
24 On page 10, line 16, change "Section" to "Proposal" AMENDMENT NO.
(g) The provisions of the Open Meetings Law shall applyto the convention and its committees in the same manner as applicable to the legislature and either house or committees thereof.
25 On page 10, line 26, change "Section" to "Proposal" AMENDMENT NO.
(5) Any attorney at law serving as a delegate to the convention or as a member of the staff of the convention shall be entitled to the absolute right of the continuance of any Page 3 of 16 HLS 26RS-292 ENGROSSED HB NO.
26 On page 10, delete line 28 and insert "convention, including the payment for supplies," AMENDMENT NO.
4 caseinwhichheisbonafidecounselofrecordinanycourtofthestateduringhisattendance upon the sessions of the convention or meetings of its committees of which heis a member.
27 On page 11, line 12, change "Section" to "Proposal" AMENDMENT NO.
(C)(1) The election for the delegates to the convention shall be held at the open primary election to be held on Saturday, March 25, 2028.
28 On page 11, line 13, after "2028," delete the remainder of the line and at the beginning of line 14, delete "provided in Section 4 of this Act," AMENDMENT NO.
The candidate that receives the highest number of votes shall be elected.
29 On page 12, line 8, after "people" delete the remainder of the line at the beginning of line 9, delete "in this Section," and insert a comma "," AMENDMENT NO.
If more than one candidate receives the highest number of votes, the delegate shall be selectedbya public drawingof lots conducted bythe State Board of Election Supervisors from among the candidates who received the highest number of votes in the election.
30 On page 12, between lines 11 and 12, insert the following:
The public drawing of lots shall be conducted at the state capitol on a day and at a time fixed by the board within one week after the results of the election becomeofficial.
"Section 3.(A)(1) Prior to the convening of the 2027 Regular Session of the Legislature, the House Committee on House and Governmental Affairs and Senate Committee on Senate and Governmental Affairs, meeting jointly, shall propose the rulesofprocedureforconsideration,amendment,andadoptionbytheLegislatureof Louisiana during the 2027 Regular Session of the Legislature.
The candidatesinvolved shall be given at least threedays' written notice of the time and place of the public drawing of lots.
The proposed rules shall be introduced as a concurrent resolution in the 2027 Regular Session of the Legislature.
The governor shall make proclamationandgivenoticeoftheelectiontobeheldunderthisSectioninaccordancewith R.S.
If the legislature fails to adopt rules for the convention, the convention Page 3 of 4 CODING:
18:402(E)(1).
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Each person desiring to become a candidate for election as a delegate from a district shall qualify as a candidate from the district in which he resides by filing a notice of candidacy beginning Wednesday, December 15, 2027, and ending Friday, December 17, 2027.
HFAHB4 3645 5544 shall, upon convening, adopt rules based upon the rules proposed by the joint committees.
(2) A candidate for delegate who qualifies to be elected from a district from which membersoftheSenateoftheLegislatureofLouisianaareelectedshallbeconsideredalocal candidate and shall qualify with the clerk of court for the parish in which the candidate is registered to vote.
(2) The rules proposed by the joint committees and adopted by the Legislature of Louisiana shall be based upon the rules of the constitutional conventionconvenedin1973,exceptasinconsistent with theprovisions ofthis Act, and shall provide that on any question of legislative procedure, when the rules are silent or inexplicit, Mason's Manual of Legislative Procedure shall be considered as authority.
The candidate shall pay a qualifying fee of three hundred dollars.
The rulesofprocedureshall be subject to later change bythe delegates as provided therein.
In addition to this fee,a candidateshall payanadditionalqualifyingfeeoftwenty-five dollars, whichadditional feeshall bedepositedintotheCampaignSignRecyclingFundas provided in R.S.
The rules shall provide that no action shall be taken by the convention without the favorablevote of at least a majorityof the delegates and that no delegate shall be allowed to vote by proxy.
18:454.
(B) Prior to the convening of the convention, the House Committee on House and Governmental Affairs and Senate Committee on Senate and Governmental Affairs shall, meeting jointly, adopt a schedule for the convention.
(3) A candidate for delegate who qualifies to be elected from a district from which commissioners of the Public Service Commission are elected shall be considered a state candidate and shall qualifywith the secretaryof state or a person in his office designated to receive qualifying papers.
The schedule proposed by the joint committees shall provide for meetings for the convention and its committees.
The candidate shall pay a qualifying fee of four hundred fifty dollars.
(C) Adoption of any proposal by the joint committees shall require a favorable vote of a majority of the members of each legislative committee present and voting, each house voting separately, a quorum of the joint committee being present." AMENDMENT NO.
In addition to this fee, a candidate shall payan additional qualifying fee of twenty- fivedollars,whichadditionalfeeshallbedepositedintotheCampaignSignRecyclingFund as provided in R.S.
31 On page 12, line 12, change "Section 11." to "Section 4." Page 4 of 4 CODING:
18:454.
Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.
Page 4 of 16 HLS 26RS-292 ENGROSSED HB NO.
4 (4) ExceptasotherwiseprovidedinthisAct,theelectionprovidedforinthisSection shall beheldandthe resultsshall bepromulgatedin accordancewith theLouisianaElection Code.
All qualifiedelectorsshall beentitledto votewithout regardtopartyaffiliation.
The costs of the election shall be paid as provided in the Louisiana Election Code for elections in which a constitutional amendment appears on the ballot.
(5) Delegates shall be elected by the qualified electors participating in the election in the manner provided in Subpart F of Part IV of Chapter 5 of the Louisiana Election Code for the election of candidates.
Section3.
Vacancies.
(A) Intheeventoftheresignation,death,orinabilitytoserve duetoadocumentedillnessofanelecteddelegate,whetherbeforeorduringtheconvention, the governor shall fill such vacancybyappointment of a person from the same district from whichthedelegatewaselectedwhopossessesthequalificationsprovidedinSection2ofthis Act.
(B) In the event of the resignation, death, or inability due to a documented illness ofanappointeddelegatetoserve,whetherbeforeorduringtheconvention,thevacancyshall be filled in the same manner and subject to the same qualifications as the original appointment.
Section4.(A)(1) Exceptasprovidedin Subsection BofthisSection,theconvention shall have full authority to frame a new constitution for the state which shall be submitted to the electors of the state for their approval or rejection at the open general election to be held on Saturday, December 16, 2028.
(B) The proposed revision of the constitution shall provide that provisions of the Constitution ofLouisianaof1974, asamended,thatarenotincludedinthenewconstitution for the state shall be continued as statutes in a statutory title of the Louisiana Revised Statutes of 1950, as amended, dedicated to that purpose.
The proposed revision of the constitutionshallprovidethatsuchprovisionsmadestatutoryandcontainedinthededicated statutory title, which shall be established as Title 57, may only be changed by law adopted by two-thirds of the elected members of each house of the legislature.
(C) Anyaction bythe convention in contravention of the provisions of this Section shall be null and void and of no effect.
Page 5 of 16 HLS 26RS-292 ENGROSSED HB NO.
4 (D)(1) Anyactiontodetermineaquestionoftheconstructionorvalidityofthis Act, to determine the scope of authorityof the convention,orto determine the conformityof any action of the convention with the provisions of this Act shall be brought in the Nineteenth Judicial District Court subject to direct appeal to the Louisiana Supreme Court.
The matter shall be tried bypreferenceover other matters, and the court shall render a decision as soon as practicable.
(2) If the action is to determine the validity or conformity of an action of the convention,such action shall be brought within fifteen days of the action of theconvention.
Section 5.
Severability.
(A) The provisions of the proposed revision of the constitution shall be severable.
If anyprovision of the proposed revisionoftheconstitution is deemed null and void and of no effect by final judgment of a court of competent jurisdiction afteradoption bythe 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 with this Act.
(B) If anyprovision 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.
Section6.
Conventionorganization.
(A)(1) Thedelegatestotheconventionchosen as provided in this Act shall convenein the House Chamber in the state capitol on Monday, April 10, 2028, at 12:00 noon.
The secretary of state shall preside until the chairman has been elected.
The secretaryof state, or a designee of the secretaryof state, shall attend the opening of the convention, call the roll of the delegates, and administer the following oath to the delegates:
"I, .
., do solemnlyswear (or affirm) that Iwill support the constitution and laws of the United States and the constitution and laws of this state and that I will faithfully and impartially discharge and perform all the duties incumbent on me as a delegate to the convention, according to the best of my ability and understanding, and that I will observe Page 6 of 16 HLS 26RS-292 ENGROSSED HB NO.
4 and obey the limitation of authority contained in the Act under which this convention has assembled.
So help me God." (2) No delegate shall be qualified to serve as such unless and until the delegate has taken and subscribed to the oath in Paragraph (1) of this Subsection.
(B) After the oath has been administered, the delegates shall proceed to effect the permanent organization of the convention and shall:
(1) Elect from among their number a chairman and a vice chairman.
(2) Elect from among their number an executive committee, the membership of which shall be determined by the delegates but which shall include the chairman and vice chairman.
(3) Select a chief clerical officer of the convention from among the chief clerical officers of the House of Representatives and the Senate and their assistants, who shall not be a delegate and whose duties shall be provided by the rules of procedure for the convention.
(4) Take such other actions as they deem necessary to effect a permanent organization of the convention.
(C) The elections provided for in this Section shall be conducted in the method provided for the election of candidates as provided in R.S.
18:511 and 512.
(D)(1) Priortotheconveningoftheconvention,theHouseCommitteeonHouseand Governmental Affairs and Senate Committee on Senate and Governmental Affairs shall meet jointly to adopt the rules of procedure and a convention schedule for the convention.
Adoption of anyproposalbythejoint committeeshall requireafavorablevoteofamajority of the members of each legislative committee present and voting, each house voting separately, a quorum of the joint committee being present.
(2) The rules adopted by the joint committees shall be based upon the rules of the constitutional convention convened in 1973, except as inconsistent with the provisions of this Act, and shall provide that on anyquestion of legislative procedure, when the rules are silent or inexplicit, Mason's Manual of Legislative Procedure shall be considered as authority.
The rules of procedureadopted bytheconventionshall besubjectto laterchange as the delegates shall provide therein.
No action shall be taken by the convention without Page 7 of 16 HLS 26RS-292 ENGROSSED HB NO.
4 the favorable vote of at least a majority of the delegates.
No delegate shall be allowed to vote by proxy and the rules shall so provide.
(3) The schedule proposed by the joint committees shall provide for meetings for the convention and its committees.
(E) The convention shall establish fourteen committees, one committee for each articleoftheConstitution of theStateofLouisianaof1974,whichshall bechargedwith the duty of reviewing and recommending changes to the article of the Constitution of the State of Louisiana of 1974 to which it is assigned and one executive committee as provided in Paragraph (B)(2) of this Section.
No committee of the convention, including the executive committee, shall exceed seventeen members and the rules shall so provide.
No committee of the convention may establish subcommittees, and the rules shall so provide.
(F) After completing organizational activities, the convention shall meet in committees,inaccordancewiththescheduleadoptedbytheHouseCommitteeonHouseand Governmental Affairs and Senate Committee on Senate and Governmental Affairs as providedinthisAct.
Eachcommitteethatmeetsshall provideareportofits activitiestothe full convention no later than Friday, September 15, 2028.
(G) The full convention shall convene beginning Saturday, September 16, 2028, to consider as a committee of the whole the report of each committee.
The chairman and vice chairman of the convention shall serve as chairman and vice chairman of the committee of the whole.
The convention shall complete its worknolaterthan Sunday, October15, 2028.
Section 7.
Legal advisor;
staff;
budget;
committees.
(A)(1) The attorney general or a designee of the attorneygeneral shall be the legal advisor to the convention.
(2) Staff support for the convention shall be provided bythe staffs of the House of Representatives, the Senate, the legislative fiscal office, the legislative auditor's office, and other legislative agencies.
In addition, as soon as possible after the members of the executive committee are selected, the executive committee shall request the provision of professional, research,technical,and clerical employees from anypublic or private sources the committee deems necessaryto accomplish the work of the convention.
(B) The staff of the constitutional convention may include but shall not be limited to the following who shall not be delegates to the convention or registered as a legislative Page 8 of 16 HLS 26RS-292 ENGROSSED HB NO.
4 or executive branch lobbyist with the Louisiana Board of Ethics on or after Thursday, January 1, 2026, as provided in Chapter 1 of Title 24 of the Louisiana Revised Statutes of 1950 or in Chapter 1 of Title 49 of the Louisiana Revised Statutes of 1950:
(1) Adirectorofresearchwhoshallpossesssuchqualificationsasdeterminedbythe executive committee.
(2) Research assistants in such number and possessing such qualifications as determined by the executive committee.
(3) Personnel from the facultyof in-state law schools as requested bythe executive committee.
(4) Such other staff as the executive committee deems necessary.
(C) Notwithstandinganyprovisionoflawtothecontrary,ifastaffmemberprovided to the convention is engaged in regular, bona fide employment, the staff member may continuetobepaidandreceivetheusualcompensationandbenefitsfromhisemployerwhile the staff member is engaged in the work of the committee or the convention.
(D) As soon as possible after the members of the executive committee are elected, the executive committee shall prepare a budget of anticipated expenses of the convention basedon the amount of the appropriation fortheconventionandanyotherfunds ofthestate general fund available for expenditure.
(E) The executive committee shall appoint the chairman, vice chairman, and the membership of each committee provided for in Section 6(E) of this Act.
(F) Unlessthelegislatureisinsession,theHousechamber,theSenatechamber,and the legislative committee rooms in the state capitol shall be available for use by the convention and its committees.
If the facilities at the state capitol are not available or are not sufficient for use bythe convention or its committees, the convention or its committees shall meetatasuitablelocationinthecapitalcity,whichlocationshallbedeterminedbythe chairman of the convention, and public notice of the location shall be given and posted at suitable locations in the state capitol.
The convention shall have full authority to use the facilitiesandservicesofanyboard,commission,department,oragencyofthestateorofany political subdivision ofthestate,andallsuchentities shall cooperatewith the conventionto Page 9 of 16 HLS 26RS-292 ENGROSSED HB NO.
4 thefullest extentin furnishingservices,facilities, and employees upon request.
Inaddition, the convention may use the facilities and services of other persons and organizations.
Section8.
Compensationofdelegates.
Thedelegatestotheconventionshallreceive the same per diem and travel allowances provided for members of the legislature pursuant to R.S.
24:31 and 31.1 for their attendance at the convention or anycommittee thereof.
No delegate shall receivea per diem or travel allowance for anydayfor which the delegate also received a per diem or travel allowance for his duties for other public service.
No delegate mayacceptanycompensationfromanyothersourceforworkperformedasadelegatetothe convention.
However,ifadelegateisengagedinregular,bonafideemployment,shouldthe delegate's employer choose to continue to paythe usual compensation while the delegate is engaged in the work of the convention, such delegate may accept that compensation, notwithstanding any provision of law to the contrary.
Section 9.
Appropriation;
use of funds.
(A) Anyappropriation for the expenses of the convention shall be used solely to defray the necessary expenses of the constitutional convention for which provision is made in this Act, including the payment for supplies, materials, equipment, printing, and reproduction of materials, and all other necessary expenses incurred in connection with the convention and its work.
(B) Any funds appropriated for the convention shall be withdrawn from the state treasury in accordance with warrants signed by the chairman of the convention, and all checksfor the disbursement of funds shall be signed bythe chairmanand the vice chairman of the convention or by the chairman or vice chairman and such other person as shall be designated by the convention.
(C) Expensesoftheconventionshallnot bepaidforbyandtheconventionshall not accept any grants, moneys, aid, facilities, or services from private sources.
(D) Theconventionshallnotbedeemedtobeabudgetunitofthestateandtherefore shall not be subject to the provisions of Chapter 1 of Subtitle I of Title 39 of the Louisiana RevisedStatutesof1950.
Thefinancialbooksandrecordsoftheconvention,however,shall be subject to audit by the legislative auditor.
Section 10.
Submission of proposed constitution;
election.
(A) Upon completion of its work, and not later than Sunday, October 15, 2028, and subject to the limitations Page 10 of 16 HLS 26RS-292 ENGROSSED HB NO.
4 provided in Section 4 of this Act, the convention shall submit a proposed draft of a new constitutionforthestatetothegovernor.
Theconstitutionasdraftedbytheconventionshall be submitted to the people for adoption or rejection.
Immediately upon receipt of the proposed draft of the new constitution for the state, and no later than Monday, October 16, 2028, the governor shall by proclamation call an election to be held at the same time as the 2028 open general election to be held on Saturday, December 16, 2028, for the purpose of submitting the proposed draft to the people for adoption or rejection.
(B) The election shall be held and the results shall be promulgated in accordance with the Louisiana Election Code.
All electors dulyqualified to vote in the state at the time of the election shall be entitled to vote without regard to partyaffiliation on the proposition for or against adoption of the revision of the constitution proposed bythe convention.
The costs of the election shall be paid as provided in the Louisiana Election Code for elections in which a constitutional amendment appears on the ballot.
(C)(1) The convention shall submit to the electors of the state the proposal of acceptanceorrejectionoftheconstitutionandmaydirecttheproperelectionofficialstotake the necessary steps to effectuate such determination of the convention in presenting the proposed constitution to the electors.
The ballot language shall be as follows:
"Do you support the adoption of the proposed 2029 Constitution? (Vote for one) FOR adoption of the proposed 2029 Constitution.
____ AGAINST adoption of the proposed 2029 Constitution.
____" (2) Adoption of the constitution shall requirethe favorablevote of a majorityof the electors voting on the proposition.
(D) Upon promulgation of the results of the election bythe secretaryof state, if the constitution is ratifiedandadoptedbythepeopleintheelectionforwhichprovision is made in this Section, the governor shall proclaim the constitution to be the Constitution of Louisiana.
The constitution shall become effective at midnight on Friday, December 31, 2028, except as otherwise provided in the constitution adopted.
Section11.
ThisActshallbecomeeffectiveuponsignaturebythegovernoror,ifnot signedbythegovernor,uponexpirationofthetimeforbillstobecomelawwithoutsignature Page 11 of 16 HLS 26RS-292 ENGROSSED HB NO.
4 by the governor, as provided in Article III, Section 18 of the Constitution of Louisiana.
If vetoed bythe governorand subsequentlyapproved bythe legislature, this Act shall become effective on the dayfollowing such approval.
DIGEST ThedigestprintedbelowwaspreparedbyHouseLegislative Services.
It constitutes nopart 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 4 Engrossed 2026 Regular Session McMakin Abstract:
Calls a constitutional convention to convene at noon on April 10, 2028.
Provides the convention is composed of 93 delegates.
Requires the convention to complete a new constitution byOct.
15, 2028.
Provides for the proposed constitution to be presented to the electors of the state at the open general election on Dec.
16, 2028.
Constitutional Convention Proposed law provides for a constitutional convention as follows:
(1) Calls the convention to convene at noon on April 10, 2028, to frame a new constitution for the state.
(2) Provides for 93 delegates as follows:
83 elected delegates and 10 delegates appointed by the governor.
(3) Exceptsserviceofdelegatesandstaffoftheconventionfromdualemployment/dual officeholding laws.
Delegates and staff are subject to the La.
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 theyare counsel of record while attending sessions and committee meetings.
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 through appointment.
A vacancy in an elected office shall be filled by a person from the same district appointed by the governor.
A vacancy in any other office shall be filled in the same manner as the original appointment.
Proposedlawprovidesforthequalificationandelectionofdelegatesatthespring2028open primary election by plurality vote.
Provides that two delegates shall be elected from each Senate district.
Provides that one delegate shall be elected from each Public Service Commission district.
Provides for the method of qualifying for candidate and associated qualifying fees.
Proposed law grants to the convention the authority to frame a new state constitution.
Provides that the proposed constitution shall provide that provisions of the Constitution of Louisiana of 1974, as amended, that are not included in the new constitution shall be continued as statutes in a statutorytitle of the Louisiana Revised Statutes of 1950 dedicated Page 12 of 16 HLS 26RS-292 ENGROSSED HB NO.
4 tothatpurpose.
Theproposedconstitutionshallprovidethatsuchprovisionsmadestatutory and contained in the dedicated statutory title, which shall be established as Title 57, may only be changed by law adopted by two-thirds of the elected members of each house of the legislature.
Proposedlawprovidesthatanyactiontodetermineaquestionoftheconstructionorvalidity of proposed law, to determine the scope of authority of the convention, or to determine the conformity of any action of the convention with proposed law shall be brought in the 19th Judicial District Court subject to direct appeal to the supreme court.
The matter shall be tried by preference over other matters, and the court shall render a decision as soon as practicable.
If the action is to determine the validity or conformity of an action of the convention, such action shall be brought within 15 days of the action of the convention.
Proposed law provides for convention organization as follows:
(1) Includes provisions for oath for delegates;
election of chairman, vice chairman, and chiefclericalofficer;andelectionofanexecutivecommitteewhichshallincludethe chairman and vice chairman;
and other actions necessaryto organize.
(2) Provides for the establishment of 15 committees, only:
14 committees, each dedicated to a single Article of the Constitution of La.
of 1974, and one executive committee.
Limits committee membership to 17 members.
Provides for the appointment of members to the 14 committees.
Provides for the election of the executive committee.
Prohibits establishing subcommittees.
(3) Provides for House Committee on House and Governmental Affairs and Senate Committee on Senate and Governmental Affairs, prior to the convention, to adopt rules of procedure for the convention based on the 1973 convention rules and a schedulefortheconventionandconventioncommittees.
Providesthatactionbythe conventionrequiresafavorablevoteofamajorityoftheconvention.
Prohibitsproxy voting.
Proposed law provides for the initial meeting of the convention at noon on April 10, 2028.
Provides that after organizational activities are completed, the convention shall meet in committeesaccordingtothescheduleadoptedbythejoint governmentalaffairscommittees and each convention committee shall provide a report of its activities to the full convention no later than Sept.
15, 2028.
Requires the full convention to convene beginning Sept.
16, 2028, to consider the report of each committee as a committee of the whole.
The chairman and vice chairman of the convention shall serve as the chairman and vice chairman of the committeeofthewhole.
TheconventionshallcompleteitsworknolaterthanOct.15,2028.
Proposed law provides for convention staff, budget, committees, meeting site, and other assistance as follows:
(1) Requirestheexecutivecommitteeto requesttheprovision ofprofessional,research, technical, and clerical staff from public or private sources as deemed necessary.
(2) Provides that the attorney general or designee of the attorney general 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 from the faculty of in- state law schools as requested by the executive 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.
Prohibits delegates and lobbyists from serving as convention staff.
(3) Requirestheexecutivecommitteeto prepareabudget ofanticipatedexpensesofthe convention, based on the amount of the appropriation for the convention and any other funds available for expenditure.
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4 (4) Provides that the executive committee of the convention appoint the chairman, vice chairman, and membership of each committee of the convention.
(5) Requires that the House and Senate Chambers and the legislative committee rooms in the state capitol be available for convention use, unless the legislature is in session.
AuthorizestheconventiontomeetelsewhereinBatonRougeasdetermined 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 as follows:
(1) Delegates to the convention shall receive the same per diem and travel allowances provided for members of the legislature pursuant to present law (R.S.
24:31 and 31.1).
Prohibits a delegate from acceptinganycompensation from anyother source forworkperformedasadelegatetotheconvention,butallowsadelegatetocontinue to receive compensation for the delegate's regular bona fide employment while a delegate.
(2) Requires that the legislature make adequateappropriationsto 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.
Prohibits used of funds from private sources to paythe expenses of the convention.
Provides thattheconventionisnotastatebudgetunit.
Specifiesthattheconventionissubject to audit bythe legislative auditor.
Authorizes the presiding officers to utilize funds appropriated to the legislature to defray expenses of the convention.
(3) Requiresthatfundsappropriatedbewithdrawnfromthestatetreasuryinaccordance with warrants signed by the convention chairman and that checks be signed by the chairmanandvicechairman,orthechairmanorvicechairmanandsuchotherperson as designated by the convention.
Submission to Voters/Effectiveness Proposedlawrequirestheconvention,uponcompletionofitsworktosubmittothegovernor the proposed constitution by Oct.
15, 2028.
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 no later than Oct.
16, 2028, to be held at the same time as the 2028 open general election on Dec.
16, 2028.
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.
Provides for the ballot language.
Voters are allowed to vote without regard to partyaffiliation.
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 finaljudgmentofacourtofcompetentjurisdictionafteradoptionbytheconventionbutprior to its submission to the electors, then the provision deemed null and void shall be removed from the proposed revision of the constitution bythe secretaryof 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.
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4 Proposed law requires, upon promulgation of the results of the election by the secretary of state if the constitution is ratified and adopted bythe 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, 2028, except as otherwise provided in the constitution.
Effective upon signature of governor or lapse of time for gubernatorial action.
Timetable of Events Action Date Qualification period for delegate candidates 12/15/2027-12/17/2027 Election of delegates 3/25/2028 (open primary) Convention to convene 4/10/2028 (noon) Convention committees to submit reports to the full 9/15/2028 convention no later than Convention to submit draft constitution to the governor 10/15/2028 no later than Election for submission of proposed constitution 12/16/2028 (open general) Constitution becomes effective if adopted 12/31/28 (midnight) Summary of Amendments Adopted by House The Committee Amendments Proposed by House Committee on House and Governmental Affairs to the original bill:
1.
Change the relevant dates for the convention and related elections as follows:
Action Date - Original Date – Amendment Qualification period for 7/29/26-7/31/26 12/15/27-12/17/27 delegate candidates Primary election of 11/3/2026 3/25/28 delegates General election of 12/12/2026 NONE delegates Convention to convene 12/29/2026 (noon) 4/10/28 Convention committees 9/29/2027 9/15/28 to submit reports to the full convention no later than Convention to submit 10/29/2027 10/15/28 draft constitution to the governor no later than Election for submission 11/20/2027 12/16/28 (Open of proposed constitution (Gubernatorial general) general) Constitution becomes 12/31/27 (midnight) 12/31/28 (midnight) effective if adopted 2.
Provide that election delegates shall be elected by plurality at the spring primary election in 2028, instead of by majority vote at the fall primary and general elections in 2026.
3.
Specifically provide that when calling the special election for delegates, the governor shall be subject to the procedures provided for in present law for Page 15 of 16 HLS 26RS-292 ENGROSSED HB NO.
4 calling a special election.
4.
Provide the method for qualifying for candidates for delegate and associated qualifying fees.
5.
Provide for the house and senate committees on governmental affairs to meet and adopt rules and a schedule for the convention and committees of the convention, instead of legislative staff preparing rules for adoption by the convention.
6.
Provide that on the day after he receives the proposed constitution, the governor shall call an election to submit the proposed amendment to the voters.
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