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Regular Session, 2010
HOUSE CONCURRENT RESOLUTI ON NO. 4
BY REPRESENTATIVE FOIL
CONSTITUTION/CONVENTION: Creates a commission to study the feasibility of a
constitutional convention and makes recommendations relative thereto
A CONCURRENT RESOLUTI ON1
To create and establish the Constitutional Convention Study Commission to undertake all2
necessary study to examine the feasibility and advisability of calling a convention3
to revise the Constitution of Louisiana and, if a convention is found to be feasible4
and advisable, to make recommendations to the legislature for calling such a5
convention.6
WHEREAS, at twelve midnight on December 31, 1974, the Constitution of the state7
of Louisiana of 1974 became effective, culminating a remarkable effort to provide the state8
with a completely new constitution that today is recognized as having made landmark9
changes; namely, shortening the state's constitution from two hundred fifty-five thousand10
words to a mere thirty-five thousand words, providing for a dramatic reorganization of the11
executive branch of state government, making very significant changes in local government12
and in home rule government in particular, taking steps to strengthen the legislature, and13
removing many detailed provisions which had precluded legislative action without an14
accompanying constitutional amendment; and15
WHEREAS, in the ensuing thirty-six years, however, the constitution has been16
amended one hundred thirty-five times, and as a result, today the document contains, not17
only the problematic provisions which the 1973 convention found itself unable or unwilling18
to address, but additional provisions that protect narrow interests from legislative action19
despite changing times and needs that tie the hands of the legislature in efforts to effect20
significant reforms; and21 HLS 10RS-693 ENGROSSED
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WHEREAS, various authorities have suggested the need for Louisiana to address a1
number of policy areas that would require constitutional change, including such matters as2
the state's tax structure and budgetary practices, dedication of state revenues and the3
resulting inability of the legislature to allocate tax resources where needed, as well as fiscal4
restraints on local governments that dramatically limit their authority to meet fiscal and5
budgetary demands; and6
WHEREAS, as was the case in 1973, Louisiana once again faces the need for a7
serious analysis of its basic law and must determine whether a constitutional convention is8
needed and would be the most effective approach to conducting a genuine examination of9
the state's critical needs, undertaking an in-depth discussion of reform concepts, crafting10
provisions that allow for flexibility and innovation in legislative solutions to problems of the11
present and the future, and challenging Louisiana's voters to accept constructive change; and12
WHEREAS, prior to calling a constitutional convention, it would also be wise to13
undertake appropriate study and analysis to enable effective decisions concerning details of14
convention composition, organization, procedure, staffing, and other resources.15
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby16
create and establish the Constitutional Convention Study Commission to undertake all17
necessary study and analysis to examine the feasibility and advisability of calling a18
constitutional convention to revise the Constitution of Louisiana and, if a convention is19
found to be feasible and advisable, to make recommendations to the legislature for calling20
such a convention, including such matters as:21
(1) The composition of the membership of the convention.22
(2) Timetables for convening, for staff work, for completion of a draft constitution,23
for the election to submit the proposal to the voters of the state, and for effectiveness of the24
new constitution.25
(3) Structure, including officers and committees, and procedures for convention26
organization and deliberations, including significant provisions for rules of procedure.27
(4) Staffing and other resources needed and available to address policy issues and to28
skillfully draft constitutional language.29
(5) Budget needs for effective conduct of a convention.30 HLS 10RS-693 ENGROSSED
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(6) A policy agenda providing for the most important policy decisions that must be1
made to develop a constitution that will serve the state effectively, including any limitations2
on the authority of the convention.3
(7) Provisions for submission of alternative proposals to the voters and ballot4
structure.5
BE IT FURTHER RESOLVED that the commission shall be composed of fifteen6
members as follows:7
(1) Two members of the Louisiana House of Representatives appointed by the8
speaker of the House of Representatives.9
(2) Two members of the Louisiana Senate appointed by the president of the Senate.10
(3) Two members appointed by the governor.11
(4) Two members appointed by the chief justice of the Louisiana Supreme Court.12
(5) A representative of the Louisiana State Law Institute appointed by the Louisiana13
State Law Institute.14
(6)(a) Four members who shall include a representative of the law school or business15
school of each of the following four universities appointed as provided in this Paragraph; the16
appointing authorities shall consult and make their appointments so as to provide that two17
of such members shall be representatives of law schools and two shall be representatives of18
business schools:19
(i) A representative of the Louisiana State University Paul M. Hebert Law Center or20
the Louisiana State University E.J. Ourso College of Business appointed by the joint21
concurrence of the chancellor of the law center and the dean of the business college.22
(ii) A representative of the Southern University Law Center or the Southern23
University College of Business appointed by the joint concurrence of the chancellor of the24
law center and the dean of the business college.25
(iii) A representative of the Tulane University Law School or the Tulane University26
A.B. Freeman School of Business appointed by the joint concurrence of the dean of the law27
school and the dean of the business school.28 HLS 10RS-693 ENGROSSED
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(iv) A representative of the Loyola University New Orleans College of Law or the1
Loyola University New Orleans Joseph A. Butt, S.J., College of Business appointed by the2
joint concurrence of the dean of the college of law and the dean of the business college.3
(b) If the appointing authorities do not make an appointment as provided in4
Subparagraph (a) of this Paragraph, the speaker of the House of Representatives and the5
president of the Senate shall make any appointment necessary to provide for such required6
membership, giving consideration to any recommendations of the appointing authorities.7
(7) A representative of the Public Affairs Research Council of Louisiana appointed8
by the council.9
(8) A representative of the Council for a Better Louisiana appointed by the council.10
BE IT FURTHER RESOLVED that a vacancy in commission membership shall be11
filled in the manner of the original appointment.12
BE IT FURTHER RESOLVED that the commission shall hold its organizational13
meeting within sixty days after adjournment sine die of the 2010 Regular Session of the14
Legislature on the call of the speaker of the House of Representatives and the president of15
the Senate acting jointly and that at such organizational meeting the commission shall elect16
a chairman, a vice chairman, and such other officers as it finds necessary and shall adopt17
rules for its own procedure which shall be subject to later amendment by the commission.18
BE IT FURTHER RESOLVED that the commission shall make such studies as it19
finds necessary or appropriate to determine the feasibility and advisability of calling a20
convention to revise the Constitution of Louisiana and, if a convention is found to be feasible21
and advisable, to make recommendations to the legislature on all matters relevant to the22
convening and conduct of a constitutional convention, including all matters listed above.23
BE IT FURTHER RESOLVED that the commission shall complete its study and24
determine its recommendations to the legislature no later than January 15, 2011, and shall25
submit to each member of the legislature and to the governor, no later than March 1, 2011,26
the complete results of its study and a report of its findings and its recommendations based27
thereon.28
BE IT FURTHER RESOLVED that the commission, for the purposes of conducting29
the study as provided in this Resolution, may utilize the personnel, facilities, and services30 HLS 10RS-693 ENGROSSED
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of the legislative auditor, the legislative fiscal officer, and the staffs of the House of1
Representatives and the Senate, and that the commission may request and utilize such2
counsel, assistance, personnel, facilities, and advice as may be obtained from any and all3
public sources and from any and all private sources, including but not necessarily restricted4
to private research agencies, individuals, and organizations.5
BE IT FURTHER RESOLVED that the speaker of the House of Representatives and6
the president of the Senate may each assign one or more employees whose full-time duties7
and responsibilities shall be providing staff support to the commission; that the legislative8
fiscal officer shall assign one employee whose full-time duty and responsibility shall be9
providing staff support to the commission; that the director of the Louisiana State Law10
Institute shall assign one employee whose half-time duty and responsibility shall be11
providing staff support to the commission; that the chief justice of the Louisiana Supreme12
Court shall assign one employee whose half-time duty and responsibility shall be providing13
staff support to the commission; and that each university that appoints a member to the14
commission shall assign one employee whose half-time duty and responsibility shall be15
providing staff support to the commission.16
BE IT FURTHER RESOLVED that the commission may make or cause to be made17
any studies it finds useful for the purposes of this Resolution through legislative personnel18
or in cooperation with any public or private agency, including but not limited to universities,19
colleges, foundations, charitable corporations, and research organizations, and the20
commission may call upon the members or staffs of any and all departments or agencies of21
the state for data and assistance, and all such departments and agencies shall cooperate with22
the commission.23
BE IT FURTHER RESOLVED that the commission may receive grants, donations,24
or gifts of money or services from public or private organizations or from any other source,25
to be utilized for the purposes of the commission.26
BE IT FURTHER RESOLVED that the commission may create or appoint advisory27
commissions or task forces to act in an advisory capacity or to assist in its studies, composed28
of such representatives of the public or private sectors as it shall deem appropriate.29 HLS 10RS-693 ENGROSSED
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BE IT FURTHER RESOLVED that all expenses directly incurred by the commission1
may be paid from any funds available for the purpose and, with the approval of the presiding2
officers of the two houses of the Louisiana Legislature, from funds available to such3
presiding officers for expenses of the legislature.4
BE IT FURTHER RESOLVED that the commission shall be deemed dissolved upon5
the adjournment sine die of the 2011 Regular Session of the Legislature.6
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)]
Foil HCR No. 4
Abstract: Creates the Constitutional Convention Study Commission to study the feasibility
and advisability of a constitutional convention and to make recommendations to the
legislature for the calling of such convention if a convention is found feasible and advisable.
Proposed concurrent resolution creates the Constitutional Convention Study Commission
to make necessary studies and analysis to examine the feasibility and advisability of calling
a constitutional convention to revise the Constitution of La. and, if a convention is found to
be feasible and advisable, to make recommendations to the legislature for calling such a
convention as follows:
(1)Provides that the commission's recommendations include:
(a)Composition of the convention's membership.
(b)Timetables for: convening, staff work, completion of a draft constitution, the
election to submit the proposal to the state's voters, and effectiveness of the new
constitution.
(c)Convention structure, including officers and committees, and procedures for
organization and deliberations, including significant rules provisions.
(d)Staffing and other resources needed and available to address policy issues and
draft constitutional language.
(e)Budget needs for an effective convention.
(f)A policy agenda providing for the most important policy decisions to be made,
including any limitations on the convention's authority.
(g)Provisions for submission of alternative proposals to the voters and ballot
structure.
(2)Provides that the commission be composed of 15 members as follows:
(a)Two members of the La. House of Representatives appointed by the speaker of
the House of Representatives.
(b)Two members of the La. Senate appointed by the president of the Senate. HLS 10RS-693 ENGROSSED
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(c)Two members appointed by the governor.
(d)Two members appointed by the chief justice of the La. Supreme Court.
(e)A representative of the La. State Law Institute appointed by the institute.
(f)A representative of the LSU Paul M. Hebert Law Center or the LSU E.J. Ourso
College of Business appointed by the joint concurrence of the chancellor of the
law center and the dean of the business college.
(g)A representative of the SU Law Center or the SU College of Business appointed
by the joint concurrence of the chancellor of the law center and the dean of the
business college.
(h)A representative of the Tulane University Law School or the Tulane University
A.B. Freeman School of Business appointed by the joint concurrence of the
dean of the law school and the dean of the business school.
(i)A representative of the Loyola University New Orleans College of Law or the
Loyola University New Orleans Joseph A. Butt, S.J., College of Business
appointed by the joint concurrence of the dean of the college of law and the
dean of the business college.
(j)A representative of the Public Affairs Research Council of La. appointed by the
council.
(k)A representative of the Council for a Better La. appointed by the council.
Relative to the appointments provided for in (f) through (i) above, requires the
appointing authorities to consult and make their appointments so as to provide that
two of such members shall be representatives of law schools and two shall be
representatives of business schools. Further provides that if the appointing
authorities provided for in (f) through (i) above do not make an appointment as
provided, the House speaker and the Senate president shall make any appointment
necessary to provide for such required membership, giving consideration to any
recommendations of the appointing authorities.
Provides for filling of a vacancy in the manner of the original appointment.
(3)Requires that the commission hold its organizational meeting within 60 days after
adjournment sine die of the 2010 R.S. on the call of the House speaker and the
Senate president acting jointly.
Requires the commission, at the organizational meeting, to elect a chairman, a vice
chairman, and other officers it finds necessary and to adopt rules for its own
procedure.
(4)Requires the commission to make such studies as it finds necessary or appropriate
to determine the feasibility and advisability of calling a constitutional convention to
revise the state constitution and, if a convention is found to be feasible and advisable,
to make recommendations to the legislature on all matters relevant to the convening
and conduct of a constitutional convention including all matters listed in (1) above.
(5)Requires the commission to complete its study and determine its recommendations
by Jan. 15, 2011, and by March 1, 2011, to submit study results and a report of its
findings and recommendations to each legislator and the governor.
(6)Authorizes the commission to utilize the personnel, facilities, and services of the
legislative auditor, the legislative fiscal officer, and the staffs of the House of
Representatives and the Senate and to request and use such counsel, assistance, HLS 10RS-693 ENGROSSED
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personnel, facilities, and advice as may be obtained from any and all public or
private sources.
(7)Authorizes the house speaker and the senate president to each assign one or more
full-time staff persons to provide staff support to the commission.
(8)Requires that each of the following assign employees as follows to provide staff
support to the commission:
Assigned by Number Full-time/ Half-time
Legislative fiscal officerOne Full-time
Director of the La. State Law
Institute
One Half-time
Chief justice of the La. Supreme
Court
One Half-time
Each university that appoints a
member to the commission
One Half-time
(9)Authorizes the commission to make, or cause to be made, studies useful to its
purposes through legislative personnel or in cooperation with any public or private
agency and to call upon departments or agencies of the state for data and assistance.
Requires departments and agencies to cooperate with the commission.
(10)Authorizes the commission to receive grants, donations, or gifts of money or services
from public or private organizations or from any other sources and to create or
appoint advisory commissions or task forces for advice or assistance, composed of
representatives of the public or private sectors.
(11)Provides that expenses directly incurred by the commission may be paid from any
funds available for the purpose and, with the approval of the legislative presiding
officers, from funds available to such presiding officers for expenses of the
legislature.
(12)Provides that the commission shall be dissolved upon the adjournment sine die of the
2011 R.S.
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on House and Governmental
Affairs to the original resolution.
1. Removed provisions for payment of per diem and travel expenses for
commission members.