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Regular Session, 2010
HOUSE CONCURRENT RESOLUTI ON NO. 63
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 term limits for members
of congress
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 term limits for members of congress.5
WHEREAS, Article V of the Constitution of the United States of America mandates6
that upon the "Application of the Legislatures of two thirds of the several States", congress7
shall "call a Convention for proposing Amendments"; and8
WHEREAS, the Legislature of Louisiana deems an amendment to the United States9
Constitution regarding term limits for members of congress necessary for the good of the10
American people.11
THEREFORE, BE IT RESOLVED that, pursuant to Article V of the Constitution of12
the United States of America, the Legislature of Louisiana does hereby submit this13
application to the United States Congress to call a convention, hereafter in this Resolution14
referred to as an "Article V convention" or "convention", for the sole and limited purpose15
of proposing an amendment to the Constitution of the United States of America regarding16
term limits for members of congress.17 HLS 10RS-938 ENGROSSED
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BE IT FURTHER RESOLVED that this application may be rescinded by the state1
of Louisiana at any time prior to the receipt by congress of applications for an Article V2
convention on the same subject matter from two-thirds of the states.3
BE IT FURTHER RESOLVED that this application shall become null and void4
seven years after the date of final adoption by the Louisiana Legislature.5
BE IT FURTHER RESOLVED that, upon receipt of applications from two-thirds of6
the states for an Article V convention to propose term limits for members of congress, the7
Legislature of Louisiana requests and consents to a call by congress for an Article V8
convention to propose an amendment to the United States Constitution, subject to the9
following provisions:10
ARTICLE I11
Limitation of Authority12
The power of the delegates to propose any amendment to the Constitution of13
the United States of America shall be limited, under penalty of nullity, to the subject14
matters specifically enumerated in the applications from the states for an Article V15
Convention.16
ARTICLE II17
Delegates18
Section 1. Apportionment19
Every state shall be allowed one delegate from each of its congressional20
districts as established at the time congress issues the call for an Article V21
convention.22
Section 2. Election23
(1) Delegates shall be elected by the electors of each district at the24
congressional election scheduled immediately following the call by congress for the25
convention.26
(2) Candidates for delegate shall run without regard to party affiliation.27
(3) Any candidate receiving a majority of the total votes in a district in the28
primary election, and any candidate who is unopposed shall be declared elected.29 HLS 10RS-938 ENGROSSED
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(4) If no candidate receives a majority of the votes cast in the primary1
election, a runoff between the two candidates with the highest number of votes shall2
be held on the date of the congressional general election immediately following the3
call by congress for the convention. The candidate receiving the highest number of4
votes cast in the runoff shall be elected.5
(5) The secretary of state in each state shall transmit the names of the elected6
delegates to the archivist of the United States immediately following the certification7
of election results.8
(6) The electors in each state shall have the qualifications requisite for9
electors of the most numerous branch of the state legislature.10
Section 3. Eligibility11
(1) No person shall be a delegate who is serving as president or vice12
president of the United States, a member of the United States Congress, or a member13
of the federal judiciary.14
(2) No person shall be a delegate who has not attained the age of twenty-five15
years and been seven years a citizen of the United States, and who is not, when16
elected, an inhabitant of that state in which he is chosen.17
(3) Each state shall be allowed to establish additional residency18
requirements.19
Section 4. Term20
Each delegate shall serve from the time elected until the conclusion of the21
convention.22
Section 5. Vacancies23
In case of vacancy or inability to serve, the respective state legislature may24
appoint an acting delegate, who shall meet the same eligibility requirements as an25
elected delegate and who shall have full authority of an elected delegate. An acting26
delegate shall serve the remainder of the term for which the delegate was elected.27
Section 6. Privileges and Immunities28
Delegates shall, in all cases, except treason, felony, and breach of the peace,29
be privileged from arrest during their attendance at the convention, and in going to30 HLS 10RS-938 ENGROSSED
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and returning from the same; and for any speech or debate in the convention, they1
shall not be questioned in any other place.2
Section 7. Campaign Finances3
All candidates for the position of delegate shall be subject to and comply with4
the same rules and regulations of campaign finance as candidates for the United5
States Congress, including but not limited to disclosure requirements and6
contribution limitations.7
Section 8. Oath8
Prior to taking office, each delegate shall take an oath, which shall be9
prescribed by the rules committee, and shall require each delegate to support and10
defend the Constitution of the United States of America and abide by the limitation11
of authority of the Article V convention, as provided in this Resolution.12
ARTICLE III13
Rules Committee14
Section 1. Members15
Within forty-five days after the election of a state's entire delegation, the16
delegates from each state shall designate one person from their state delegation to17
serve as a member of the Article V convention rules committee. If the delegates of18
a state are unable to agree upon a designee to the rules committee or otherwise fail19
to designate a person within the time required, the state legislature may designate20
one person from the state's delegation to serve as a member of the rules committee.21
The name of each state delegation's rules committee member shall be transmitted to22
the respective state's secretary of state and to the archivist of the United States23
immediately following designation.24
Section 2. Meeting25
The rules committee shall meet within ninety days after the November26
election. A majority of the total number of rules committee members shall constitute27
a quorum. The rules committee shall be governed by Mason's Manual of Legislative28
Procedure, except to the extent that and until it adopts other rules.29 HLS 10RS-938 ENGROSSED
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Section 3. Chairperson1
The delegates of the rules committee shall elect a chairperson from among2
its members to preside over the committee.3
Section 4. Procedures4
The rules committee shall propose the procedural rules of the convention,5
which rules, including any amendments the convention may adopt, shall become6
effective upon a favorable vote of a majority of the total number of convention7
delegates.8
ARTICLE IV9
Officers10
Section 1. Presiding Officer11
No later than ten days prior to the commencement of the Article V12
convention, the rules committee shall nominate three delegates for the office of13
president of the convention. As its first order of business, the delegates of the14
convention shall elect a president of the convention from among the three nominees15
of the rules committee by a majority vote of the total number of delegates. The16
chairperson of the rules committee shall serve as the acting president until a17
president of the convention is duly elected.18
Section 2. Officers and Staff19
The rules committee may create and provide for other inferior officers and20
staff positions of the Article V convention, as it deems appropriate.21
ARTICLE V22
Voting23
Section 1. Counting of Votes24
Each delegate shall have one vote.25
Section 2. Proposing Amendments26
No amendment shall be proposed to the states for ratification without the27
favorable vote of at least a majority of the total number of delegates.28 HLS 10RS-938 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-938 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-938 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. 63
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 term limits for members of Congress.
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 term limits for
members of congress.
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.
citizen for at least seven years. Authorizes states to establish additional residency
requirements. HLS 10RS-938 ENGROSSED
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(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.