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Regular Session, 2010
HOUSE CONCURRENT RESOLUTI ON NO. 62
BY REPRESENTATIVES LORUSSO, TIM BURNS, CARMODY, CROMER, HENRY,
HOFFMANN, LABRUZZO, LIGI, POPE, SCHRODER, JANE SMITH, AND
TALBOT AND SENATOR CROWE
U.S. CONSTITUTION: Applies to congress to call a convention pursuant to Article V of
the U.S. Constitution to propose an amendment regarding a requirement for a
supermajority vote to levy a new tax, increase an existing tax, or repeal an existing
tax exemption
A CONCURRENT RESOLUTI ON1
To apply to the United States Congress to call a convention, pursuant to Article V of the2
Constitution of the United States of America, for the sole and limited purpose of3
proposing an amendment to the Constitution of the United States of America4
regarding a requirement for a supermajority vote to levy a new tax, increase an5
existing tax, or repeal an existing tax exemption.6
WHEREAS, Article V of the Constitution of the United States of America mandates7
that upon the "Application of the Legislatures of two thirds of the several States", congress8
shall "call a Convention for proposing Amendments"; and9
WHEREAS, the Legislature of Louisiana deems an amendment to the United States10
Constitution regarding a requirement for a supermajority vote to levy a new tax, increase an11
existing tax, or repeal an existing tax exemption necessary for the good of the American12
people.13
THEREFORE, BE IT RESOLVED that, pursuant to Article V of the Constitution of14
the United States of America, the Legislature of Louisiana does hereby submit this15
application to the United States Congress to call a convention, hereafter in this Resolution16
referred to as an "Article V convention" or "convention", for the sole and limited purpose17
of proposing an amendment to the Constitution of the United States of America regarding18 HLS 10RS-936 ENGROSSED
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a requirement for a supermajority vote to levy a new tax, increase an existing tax, or repeal1
an existing tax exemption.2
BE IT FURTHER RESOLVED that this application may be rescinded by the state3
of Louisiana at any time prior to the receipt by congress of applications for an Article V4
convention on the same subject matter from two-thirds of the states.5
BE IT FURTHER RESOLVED that this application shall become null and void6
seven years after the date of final adoption by the Louisiana Legislature.7
BE IT FURTHER RESOLVED that, upon receipt of applications from two-thirds of8
the states for an Article V convention to propose a requirement for a supermajority vote to9
levy a new tax, increase an existing tax, or repeal an existing tax exemption, the Legislature10
of Louisiana requests and consents to a call by congress for an Article V convention to11
propose an amendment to the United States Constitution, subject to the following provisions:12
ARTICLE I13
Limitation of Authority14
The power of the delegates to propose any amendment to the Constitution of15
the United States of America shall be limited, under penalty of nullity, to the subject16
matters specifically enumerated in the applications from the states for an Article V17
Convention.18
ARTICLE II19
Delegates20
Section 1. Apportionment21
Every state shall be allowed one delegate from each of its congressional22
districts as established at the time congress issues the call for an Article V23
convention.24
Section 2. Election25
(1) Delegates shall be elected by the electors of each district at the26
congressional election scheduled immediately following the call by congress for the27
convention.28
(2) Candidates for delegate shall run without regard to party affiliation.29 HLS 10RS-936 ENGROSSED
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(3) Any candidate receiving a majority of the total votes in a district in the1
primary election, and any candidate who is unopposed shall be declared elected.2
(4) If no candidate receives a majority of the votes cast in the primary3
election, a run-off between the two candidates with the highest number of votes shall4
be held on the date of the congressional general election immediately following the5
call by congress for the convention. The candidate receiving the highest number of6
votes cast in the run-off shall be elected.7
(5) The secretary of state in each state shall transmit the names of the elected8
delegates to the archivist of the United States immediately following the certification9
of election results.10
(6) The electors in each state shall have the qualifications requisite for11
electors of the most numerous branch of the state legislature.12
Section 3. Eligibility13
(1) No person shall be a delegate who is serving as president or vice14
president of the United States, a member of the United States Congress, or a member15
of the federal judiciary.16
(2) No person shall be a delegate who has not attained the age of twenty-five17
years and been seven years a citizen of the United States, and who is not, when18
elected, an inhabitant of that state in which he is chosen.19
(3) Each state shall be allowed to establish additional residency20
requirements.21
Section 4. Term22
Each delegate shall serve from the time elected until the conclusion of the23
convention.24
Section 5. Vacancies25
In case of vacancy or inability to serve, the respective state legislature may26
appoint an acting delegate, who shall meet the same eligibility requirements as an27
elected delegate and who shall have full authority of an elected delegate. An acting28
delegate shall serve the remainder of the term for which the delegate was elected.29 HLS 10RS-936 ENGROSSED
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Section 6. Privileges and Immunities1
Delegates shall, in all cases, except treason, felony, and breach of the peace,2
be privileged from arrest during their attendance at the convention, and in going to3
and returning from the same; and for any speech or debate in the convention, they4
shall not be questioned in any other place.5
Section 7. Campaign Finances6
All candidates for the position of delegate shall be subject to and comply with7
the same rules and regulations of campaign finance as candidates for the United8
States Congress, including but not limited to disclosure requirements and9
contribution limitations.10
Section 8. Oath11
Prior to taking office, each delegate shall take an oath, which shall be12
prescribed by the rules committee, and shall require each delegate to support and13
defend the Constitution of the United States of America and abide by the limitation14
of authority of the Article V convention, as provided in this Resolution.15
ARTICLE III16
Rules Committee17
Section 1. Members18
Within forty-five days after the election of a state's entire delegation, the19
delegates from each state shall designate one person from their state delegation to20
serve as a member of the Article V convention rules committee. If the delegates of21
a state are unable to agree upon a designee to the rules committee or otherwise fail22
to designate a person within the time required, the state legislature may designate23
one person from the state's delegation to serve as a member of the rules committee.24
The name of each state delegation's rules committee member shall be transmitted to25
the respective state's secretary of state and to the archivist of the United States26
immediately following designation.27
Section 2. Meeting28
The rules committee shall meet within ninety days after the November29
election. A majority of the total number of rules committee members shall constitute30 HLS 10RS-936 ENGROSSED
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a quorum. The rules committee shall be governed by Mason's Manual of Legislative1
Procedure, except to the extent that and until it adopts other rules.2
Section 3. Chairperson3
The delegates of the rules committee shall elect a chairperson from among4
its members to preside over the committee.5
Section 4. Procedures6
The rules committee shall propose the procedural rules of the convention,7
which rules, including any amendments the convention may adopt, shall become8
effective upon a favorable vote of a majority of the total number of convention9
delegates.10
ARTICLE IV11
Officers12
Section 1. Presiding Officer13
No later than ten days prior to the commencement of the Article V14
convention, the rules committee shall nominate three delegates for the office of15
president of the convention. As its first order of business, the delegates of the16
convention shall elect a president of the convention from among the three nominees17
of the rules committee by a majority vote of the total number of delegates. The18
chairperson of the rules committee shall serve as the acting president until a19
president of the convention is duly elected.20
Section 2. Officers and Staff21
The rules committee may create and provide for other inferior officers and22
staff positions of the Article V convention, as it deems appropriate.23
ARTICLE V24
Voting25
Section 1. Counting of Votes26
Each delegate shall have one vote.27
Section 2. Proposing Amendments28
No amendment shall be proposed to the states for ratification without the29
favorable vote of at least a majority of the total number of delegates.30 HLS 10RS-936 ENGROSSED
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Section 3. Record of Votes1
All votes made by delegates shall be recorded in the minutes, journal, or2
other official, written proceedings of the body, which shall be a public document.3
Section 4. Prohibited Votes4
Delegates shall be prohibited from utilizing any manner of proxy voting5
procedure or secret balloting.6
ARTICLE VI7
Time and Place8
Section 1. Convening Date9
The rules committee shall fix the convening date for the Article V convention10
at a time no less than ninety days and no more than two hundred seventy days11
following the November election.12
Section 2. Duration13
The duration of the convention, once commenced, shall not exceed ninety14
calendar days.15
Section 3. Location16
The location of the convention shall be determined by the rules committee.17
ARTICLE VII18
Convention Costs19
Section 1. Salaries and Expenses20
The delegates and staff shall receive compensation for their services and21
expenses, to be established by congress, and paid out of the treasury of the United22
States.23
Section 2. Operations24
Congress shall appropriate funds and provide resources necessary for the25
operations of the Article V convention.26
Section 3. Failure to Provide Funds27
If congress fails to provide compensation for the services and expenses of the28
delegates or for the operations costs of the convention, such costs shall be29
apportioned to the several states on a pro rata basis according to population.30 HLS 10RS-936 ENGROSSED
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ARTICLE VIII1
Subpoena Power2
Section 1. Subpoenas3
The convention may issue a subpoena to officials of the federal government4
to compel the attendance and testimony of such witnesses and the production of such5
books, records, correspondence, memoranda, papers, and documents as it considers6
necessary and which are germane to the subject matter of the amendments before the7
Article V convention.8
Section 2. Vote Required9
A subpoena may be issued only pursuant to a majority vote of the delegates.10
Section 3. Exemptions11
The president and vice president of the United States shall not be subject to12
the subpoena power of the convention.13
Section 4. Contempt14
The failure to comply with a subpoena issued by the convention shall be15
punishable in the same manner as prescribed for the failure to comply with a16
subpoena issued by the United States Congress.17
ARTICLE IX18
Section 1. Quorum19
A majority of the total number of delegates shall constitute a quorum to do20
business.21
Section 2. Open and Public22
Every meeting of the delegates at which a quorum is present shall be23
conducted only in an open and public meeting.24
Section 3. Notice25
Public notice of each session of the Article V convention and of any26
committee meeting shall be given no less than forty-eight hours before the27
commencement of the session.28 HLS 10RS-936 ENGROSSED
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Section 4. Recording and Broadcasting1
All or any part of the proceedings in a public session may be video or tape2
recorded, filmed and broadcast, or broadcast live.3
BE IT FURTHER RESOLVED that a copy of this application be transmitted to the4
speaker of the United States House of Representatives, the president pro tempore of the5
United States Senate, the archivist of the United States and the Louisiana secretary of state.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)]
Lorusso HCR No. 62
Abstract: Pursuant to Article V of the U.S. Constitution, the Resolution makes application
to congress for the calling of a convention to propose an amendment to the U.S.
Constitution regarding a requirement for a supermajority vote to levy a new tax,
increase an existing tax or repeal an existing tax exemption.
Present U.S. constitution provides two methods for proposing constitutional amendments:
(1)Congress, by 2/3 vote of both houses, may propose an amendment.
(2)Congress is required to call a convention for proposing amendments if it receives
applications for such a convention from 2/3 of the states.
Present U.S. constitution also provides two methods for ratifying proposed amendments.
Pursuant to option (2) above, proposed Resolution applies to congress for the calling of a
convention to propose an amendment to the U.S. Constitution regarding a requirement for
a supermajority vote to levy a new tax, increase an existing tax or repeal an existing tax
exemption.
Proposed Resolution provides that the application for the convention may be rescinded by
the state at any time prior to the receipt by congress of applications on the same subject
matter from 2/3 of the states and that the application is null and void seven years after the
date of final adoption by the legislature.
Proposed Resolution provides that the state's application for an Article V convention is
subject to the following provisions with respect to the convention:
(1)The power of the delegates to propose any amendment is limited, under penalty of
nullity, to the subject matters specifically enumerated in the applications submitted
by the states.
(2)Every state selects one delegate per congressional district at the first congressional
election after the call. Requires that candidates for delegate run without regard to
party affiliation. Provides that the electors in each state shall have the qualifications
requisite for electors of the most numerous branch of the state legislature. Prohibits
the U.S. president and vice president, a member of congress, or a member of the
federal judiciary from serving as a delegate. Requires a delegate to be at least 25
years old and a resident of the state from which he is elected and to have been a U.S. HLS 10RS-936 ENGROSSED
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citizen for at least seven years. Authorizes states to establish additional residency
requirements.
(3)Provides that a delegate serves until the conclusion of the convention and that a
vacancy is filled by appointment made by the state legislature. Provides that
delegates have the privileges and immunities of members of congress. Provides that
the campaign finance laws applicable to a candidate for congress apply to a
candidate for delegate.
(4)Provides for a rules committee which is to meet prior to the convention and develop
rules to govern the convention. The rules committee is comprised of one delegate
from each state chosen by the state's delegation (or by the state legislature if the
delegation fails to timely select the rules committee member). The rules proposed
by the committee, including any amendments the convention may adopt, become
effective upon a favorable vote of a majority of the total number of delegates.
(5)Provides for officers of the convention. Requires that the rules committee nominate
three delegates for president of the convention, from which the convention shall elect
its president as its first order of business. Authorizes the rules committee to create
and provide for other inferior officers and staff positions.
(6)Provides that each delegate has one vote, and the proposal of a constitutional
amendment requires favorable vote of at least a majority of the total number of
delegates. Prohibits any manner of proxy voting procedure or secret balloting.
(7)Provides that the rules committee designates the convening date of the convention,
within specified parameters, and determines its location. Provides that the
convention shall not exceed 90 calendar days in length.
(8)Provides that delegates and staff shall receive compensation and expenses as
established by congress and paid out of the U.S. Treasury. Requires congress to
appropriate funds and provide resources necessary for the operations of the
convention; however, if congress fails to provide compensation and expenses or for
operations costs, such costs shall be apportioned to the several states on a pro rata
population basis.
(9)Authorizes the convention, by majority vote of the delegates, to issue a subpoena to
federal government officials, except the U.S. president and vice president, to compel
attendance and testimony or the production of records and documents which are
germane to the subject matter of the convention. Failure to comply with a subpoena
is punishable in the same manner as prescribed for failure to comply with a subpoena
issued by congress.
(10)Requires that every meeting of the delegates at which a quorum is present be
conducted in an open and public meeting. Requires notice of any convention or
committee meeting no less than 48 hours prior to the meeting. Authorizes video or
tape recording, filming and broadcasting, and live broadcasting of any meeting.
Requires transmittal of the Resolution to the speaker of the U.S. House of Representatives,
the president pro tempore of the U.S. Senate, the archivist of the U.S., and the La. secretary
of state.