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Regular Session, 2011
HOUSE CONCURRENT RESOLUTI ON NO. 3
BY REPRESENTATIVE FOIL
CONSTITUTION/CONVENTION: Creates a commission to study the feasibility of a
constitutional convention and make 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, including a plan for the conduct of an effective constitutional6
convention.7
WHEREAS, at twelve midnight on December 31, 1974, the Constitution of the state8
of Louisiana of 1974 became effective, culminating a remarkable effort to provide the state9
with a completely new constitution that today is recognized as having made landmark10
changes; namely, shortening the state's constitution from two hundred fifty-five thousand11
words to a mere thirty-five thousand words, providing for a dramatic reorganization of the12
executive branch of state government, making very significant changes in local government13
and in home rule government in particular, taking steps to strengthen the legislature, and14
removing many detailed provisions which had precluded legislative action without an15
accompanying constitutional amendment; and16
WHEREAS, in the ensuing thirty-seven years, however, the constitution has been17
amended one hundred sixty-three times, and as a result, today the document contains, not18
only the problematic provisions which the 1973 convention found itself unable or unwilling19
to address, but additional provisions that protect narrow interests from legislative action20
despite changing times and needs and that tie the hands of the legislature in its efforts to21
effect significant reforms; and22
WHEREAS, various authorities have suggested the need for Louisiana to address a23
number of policy areas that would require constitutional change, including such matters as24 HLS 11RS-377 REENGROSSED
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the state's tax structure and budgetary practices, dedication of state revenues and the1
resulting inability of the legislature to allocate tax resources where needed, as well as fiscal2
restraints on local governments that dramatically limit their authority to meet fiscal and3
budgetary demands; and4
WHEREAS, as was the case in 1973, Louisiana once again faces the need for a5
serious analysis of its basic law, and it must determine whether a constitutional convention6
is needed and would be the most effective approach to: conducting a genuine examination7
of the state's critical needs, undertaking an in-depth discussion of reform concepts, crafting8
provisions that allow for flexibility and innovation in legislative solutions to problems of the9
present and the future, and challenging Louisiana's voters to accept constructive change; and10
WHEREAS, prior to calling a constitutional convention, it would also be wise to11
undertake appropriate study and analysis to enable effective decisions concerning details of12
convention composition, organization, procedure, staffing, and other resources.13
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby14
create and establish the Constitutional Convention Study Commission to undertake all study15
and analysis necessary for a complete examination of the feasibility and advisability of16
calling a constitutional convention to revise the Constitution of Louisiana and, if a17
convention is found to be feasible and advisable, to make recommendations to the legislature18
for calling such a convention.19
BE IT FURTHER RESOLVED that the commission shall be composed of fifteen20
members as follows:21
(1) Two members of the Louisiana House of Representatives appointed by the22
speaker of the House of Representatives.23
(2) Two members of the Louisiana Senate appointed by the president of the Senate.24
(3) Two members appointed by the governor.25
(4) Two members appointed by the chief justice of the Louisiana Supreme Court.26
(5) A representative of the Louisiana State Law Institute appointed by the Louisiana27
State Law Institute.28
(6)(a) Four members who shall include a representative of the law school or business29
school of each of the following four universities appointed as provided in this Paragraph; the30 HLS 11RS-377 REENGROSSED
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appointing authorities shall consult with each other and make their appointments so as to1
provide that two of such members shall be representatives of law schools and two shall be2
representatives of business schools:3
(i) A representative of the Louisiana State University Paul M. Hebert Law Center4
or the Louisiana State University E. J. Ourso College of Business appointed by the joint5
concurrence of the chancellor of the law center and the dean of the business college.6
(ii) A representative of the Southern University Law Center or the Southern7
University College of Business appointed by the joint concurrence of the chancellor of the8
law center and the dean of the business college.9
(iii) A representative of the Tulane University Law School or the Tulane University10
A. B. Freeman School of Business appointed by the joint concurrence of the dean of the law11
school and the dean of the business school.12
(iv) A representative of the Loyola University New Orleans College of Law or the13
Loyola University New Orleans Joseph A. Butt, S. J., College of Business appointed by the14
joint concurrence of the dean of the college of law and the dean of the business college.15
(b) If the appointing authorities do not make an appointment as provided in16
Subparagraph (a) of this Paragraph, the speaker of the House of Representatives and the17
president of the Senate shall make any appointment necessary to provide for such required18
membership, giving consideration to any recommendations of the appointing authorities.19
(7) A representative of the Public Affairs Research Council of Louisiana appointed20
by the council.21
(8) A representative of the Council for a Better Louisiana appointed by the council.22
BE IT FURTHER RESOLVED that in making appointments to the commission, the23
appointing authorities shall seek to provide diversity in the commission's membership,24
including diversity of geography, race, and gender.25
BE IT FURTHER RESOLVED that a vacancy in commission membership shall be26
filled in the manner of the original appointment.27
BE IT FURTHER RESOLVED that the commission shall hold its organizational28
meeting within sixty days after adjournment sine die of the 2011 Regular Session of the29
Legislature on the call of the speaker of the House of Representatives and the president of30 HLS 11RS-377 REENGROSSED
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the Senate acting jointly and that at such organizational meeting the commission shall elect1
a chairman, a vice chairman, and such other officers as it finds necessary and shall adopt2
rules for its own procedure which shall be subject to later amendment by the commission.3
BE IT FURTHER RESOLVED that the commission shall make such studies as it4
finds necessary or appropriate to determine the feasibility and advisability of calling a5
convention to revise the Constitution of Louisiana and, if a convention is found to be feasible6
and advisable, to make recommendations to the legislature on all matters relevant to the7
convening and conduct of a constitutional convention, including a plan for the conduct of8
an effective constitutional convention, which plan shall include but not be limited to:9
(1) A policy agenda for the convention which shall include:10
(a) Identification of significant policy areas that must be addressed in order to11
propose a constitution that will serve the state effectively.12
(b) Materials explaining the proposed provisions on significant policy areas and the13
reasons therefor.14
(c) Alternative proposals for provisions on significant policy areas, together with15
explanations and explanatory materials therefor, including multiple optional approaches and16
solutions as appropriate to facilitate the work of the convention in addressing issues.17
(d) Pertinent background material and data relative to significant policy areas.18
(2) Background and other materials that the committee determines will be useful to19
the work of the convention.20
(3) Proposals for elimination of statutory materials from the constitution, together21
with recommendations for legislative action relative thereto.22
(4) Recommendations for convention organization and deliberations, including the23
composition of the membership of the convention, officers and committees, and significant24
provisions for rules of procedure.25
(5) Timetables for convening, for staff work, for completion of a draft constitution,26
for the election to submit the proposal to the voters of the state, and for effectiveness of the27
new constitution.28
(6) An analysis of staffing and other resources needed and available to address policy29
issues and to skillfully draft constitutional language.30 HLS 11RS-377 REENGROSSED
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(7) Recommendations for budget needs for effective conduct of a convention.1
(8) Recommendations for procedures for submission of alternative proposals to the2
voters and ballot structure.3
BE IT FURTHER RESOLVED that the commission shall complete its study and4
determine its recommendations to the legislature no later than January 15, 2012, and shall5
submit to each member of the legislature and to the governor, no later than March 1, 2012,6
the complete results of its study and a report of its findings and its recommendations based7
thereon.8
BE IT FURTHER RESOLVED that the commission, for the purposes of conducting9
the study as provided in this Resolution, may utilize the personnel, facilities, and services10
of the legislative auditor, the legislative fiscal officer, and the staffs of the House of11
Representatives and the Senate, and that the commission may request and utilize such12
counsel, assistance, personnel, facilities, and advice as may be obtained from any and all13
public sources and from any and all private sources, including but not necessarily restricted14
to private research agencies, individuals, and organizations.15
BE IT FURTHER RESOLVED that the speaker of the House of Representatives and16
the president of the Senate may each assign one or more employees whose full-time duties17
and responsibilities shall be providing staff support to the commission; that the legislative18
fiscal officer shall assign one employee whose full-time duty and responsibility shall be19
providing staff support to the commission; that the director of the Louisiana State Law20
Institute shall assign one employee whose half-time duty and responsibility shall be21
providing staff support to the commission; that the chief justice of the Louisiana Supreme22
Court shall assign one employee whose half-time duty and responsibility shall be providing23
staff support to the commission; and that each university that appoints a member to the24
commission shall assign one employee whose half-time duty and responsibility shall be25
providing staff support to the commission.26
BE IT FURTHER RESOLVED that the commission may make or cause to be made27
any studies it finds useful for the purposes of this Resolution through legislative personnel28
or in cooperation with any public or private agency, including but not limited to universities,29
colleges, foundations, charitable corporations, and research organizations, and the30 HLS 11RS-377 REENGROSSED
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commission may call upon the members or staffs of any and all departments or agencies of1
the state for data and assistance, and all such departments and agencies shall cooperate with2
the commission.3
BE IT FURTHER RESOLVED that the commission may receive grants, donations,4
or gifts of money or services from public or private organizations or from any other source,5
to be utilized for the purposes of the commission.6
BE IT FURTHER RESOLVED that the commission may create or appoint advisory7
commissions or task forces to act in an advisory capacity or to assist in its studies, composed8
of such representatives of the public or private sectors as it shall deem appropriate.9
BE IT FURTHER RESOLVED that all expenses directly incurred by the commission10
may be paid from any funds available for the purpose and, with the approval of the presiding11
officers of the two houses of the Legislature of Louisiana, from funds available to such12
presiding officers for expenses of the legislature.13
BE IT FURTHER RESOLVED that the commission shall be deemed dissolved upon14
the adjournment sine die of the 2012 Regular Session of the Legislature.15
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. 3
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.
(1)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.
(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. HLS 11RS-377 REENGROSSED
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(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 with each other 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.
Requires that, in making appointments, the appointing authorities shall seek to
provide diversity in the commission's membership, including diversity of geography,
race, and gender.
Provides for filling of a vacancy in the manner of the original appointment.
(2)Requires that the commission hold its organizational meeting within 60 days after
adjournment sine die of the 2011 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.
(3)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 a plan for the conduct of an
effective constitutional convention which plan shall include but not be limited to:
(a)A policy agenda for the convention which shall include:
(i)Identification of significant policy areas that must be addressed in order to
propose a constitution that will serve the state effectively.
(ii)Materials explaining the proposed provisions on significant policy areas and
the reasons therefor.
(iii)Alternative proposals for provisions on significant policy areas, together with
explanations and explanatory materials therefor, including multiple optional HLS 11RS-377 REENGROSSED
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approaches and solutions as appropriate to facilitate the work of the
convention in addressing issues.
(iv)Pertinent background material and data relative to significant policy areas.
(b)Background and other materials that the committee determines will be useful
to the work of the convention.
(c)Proposals for elimination of statutory materials from the constitution,
together with recommendations for legislative action relative thereto.
(d)Recommendations for convention organization and deliberations, including
the composition of the membership of the convention, officers and
committees, and significant provisions for rules of procedure.
(e)Timetables for convening, for staff work, for completion of a draft
constitution, for the election to submit the proposal to the voters of the state,
and for effectiveness of the new constitution.
(f)An analysis of staffing and other resources needed and available to address
policy issues and to skillfully draft constitutional language.
(g)Recommendations for budget needs for effective conduct of a convention.
(h)Recommendations for procedures for submission of alternative proposals to
the voters and ballot structure.
(4)Requires the commission to complete its study and determine its recommendations
by Jan. 15, 2012, and by March 1, 2012, to submit study results and a report of its
findings and recommendations to each legislator and the governor.
(5)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,
personnel, facilities, and advice as may be obtained from any and all public or
private sources.
(6)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.
(7)Requires that each of the following assign employees as follows to provide staff
support to the commission:
Assigned byNumber 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
(8)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.
(9)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.
(10)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 HLS 11RS-377 REENGROSSED
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officers, from funds available to such presiding officers for expenses of the
legislature.
(11)Provides that the commission shall be dissolved upon the adjournment sine die of the
2012 R.S.
Summary of Amendments Adopted by House
House Floor Amendments to the engrossed resolution.
1. Requires appointing authorities to seek to provide diversity in commission's
membership.
2. Requires that commission recommendations (if convention is found feasible and
advisable) include a plan for convention conduct. Adds the following matters to
those the commission recommendations should address:
(a)Materials explaining proposed provisions on significant policy areas and
reasons therefor.
(b)Alternative proposals for provisions on significant policy areas, with
explanations and explanatory materials, including multiple optional
approaches and solutions.
(c)Pertinent background material and data relative to significant policy
areas.
(d)Background and other materials that the committee determines will be
useful.
(e)Proposals for elimination of statutory materials from the constitution and
recommendations for related legislative action.
3. Removes limitations on convention authority from contents specified for policy
agenda.