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Regular Session, 2013
HOUSE CONCURRENT RESOLUTI ON NO. 5
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-nine years, however, the constitution has been17
amended one hundred seventy-five 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 HLS 13RS-216 ORIGINAL
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despite changing times and needs and that tie the hands of the legislature in its efforts to1
effect significant reforms; and2
WHEREAS, various authorities have suggested the need for Louisiana to address a3
number of policy areas that would require constitutional change, including such matters as4
the state's tax structure and budgetary practices, dedication of state revenues and the5
resulting inability of the legislature to allocate tax resources where needed, as well as fiscal6
restraints on local governments that dramatically limit their authority to meet fiscal and7
budgetary demands; and8
WHEREAS, as was the case in 1973, Louisiana once again faces the need for a9
serious analysis of its basic law, and it must determine whether a constitutional convention10
is needed and would be the most effective approach to: conducting a genuine examination11
of the state's critical needs, undertaking an in-depth discussion of reform concepts, crafting12
provisions that allow for flexibility and innovation in legislative solutions to problems of the13
present and the future, and challenging Louisiana's voters to accept constructive change; and14
WHEREAS, prior to calling a constitutional convention, it would be wise to15
undertake appropriate study and analysis to enable effective decisions concerning details of16
convention composition, organization, procedure, staffing, and other resources.17
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby18
create and establish the Constitutional Convention Study Commission to undertake all study19
and analysis necessary for a complete examination of the feasibility and advisability of20
calling a constitutional convention to revise the Constitution of Louisiana and, if a21
convention is found to be feasible and advisable, to make recommendations to the legislature22
for calling such a convention.23
BE IT FURTHER RESOLVED that the commission shall be composed of fifteen24
members as follows:25
(1) Two members of the Louisiana House of Representatives appointed by the26
speaker of the House of Representatives.27
(2) Two members of the Louisiana Senate appointed by the president of the Senate.28
(3) Two members appointed by the governor.29
(4) Two members appointed by the chief justice of the Louisiana Supreme Court.30 HLS 13RS-216 ORIGINAL
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(5) A representative of the Louisiana State Law Institute appointed by the Louisiana1
State Law Institute.2
(6)(a) Four members who shall include a representative of the law school or business3
school of each of the following four universities appointed as provided in this Paragraph; the4
appointing authorities shall consult with each other and make their appointments so as to5
provide that two of such members shall be representatives of law schools and two shall be6
representatives of business schools:7
(i) A representative of the Louisiana State University Paul M. Hebert Law Center8
or the Louisiana State University E. J. Ourso College of Business appointed by the joint9
concurrence of the chancellor of the law center and the dean of the business college.10
(ii) A representative of the Southern University Law Center or the Southern11
University College of Business appointed by the joint concurrence of the chancellor of the12
law center and the dean of the business college.13
(iii) A representative of the Tulane University Law School or the Tulane University14
A. B. Freeman School of Business appointed by the joint concurrence of the dean of the law15
school and the dean of the business school.16
(iv) A representative of the Loyola University New Orleans College of Law or the17
Loyola University New Orleans Joseph A. Butt, S. J., College of Business appointed by the18
joint concurrence of the dean of the college of law and the dean of the business college.19
(b) If the appointing authorities do not make an appointment as provided in20
Subparagraph (a) of this Paragraph, the speaker of the House of Representatives and the21
president of the Senate shall make any appointment necessary to provide for such required22
membership, giving consideration to any recommendations of the appointing authorities.23
(7) A representative of the Public Affairs Research Council of Louisiana appointed24
by the council.25
(8) A representative of the Council for a Better Louisiana appointed by the council.26
BE IT FURTHER RESOLVED that in making appointments to the commission, the27
appointing authorities shall seek to provide diversity in the commission's membership,28
including diversity of geography, race, and gender.29 HLS 13RS-216 ORIGINAL
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BE IT FURTHER RESOLVED that a vacancy in commission membership shall be1
filled in the manner of the original appointment.2
BE IT FURTHER RESOLVED that the commission shall hold its organizational3
meeting within sixty days after adjournment sine die of the 2013 Regular Session of the4
Legislature on the call of the speaker of the House of Representatives and the president of5
the Senate acting jointly and that at such organizational meeting the commission shall elect6
a chairman, a vice chairman, and such other officers as it finds necessary and shall adopt7
rules for its own procedure which shall be subject to later amendment by the commission.8
BE IT FURTHER RESOLVED that the commission shall make such studies as it9
finds necessary or appropriate to determine the feasibility and advisability of calling a10
convention to revise the Constitution of Louisiana and, if a convention is found to be feasible11
and advisable, to make recommendations to the legislature on all matters relevant to the12
convening and conduct of a constitutional convention, including a plan for the conduct of13
an effective constitutional convention, which plan shall include but not be limited to:14
(1) A policy agenda for the convention which shall include:15
(a) Identification of significant policy areas that must be addressed in order to16
propose a constitution that will serve the state effectively.17
(b) Alternative proposals for provisions on significant policy areas, together with18
explanations and explanatory materials therefor, including multiple optional approaches and19
solutions as appropriate to facilitate the work of the convention in addressing issues.20
(c) Pertinent background material and data relative to significant policy areas.21
(2) Background and other materials that the committee determines will be useful to22
the work of the convention.23
(3) Proposals for elimination of statutory materials from the constitution, together24
with recommendations for legislative action relative thereto.25
(4) Recommendations for convention organization and deliberations, including the26
composition of the membership of the convention, officers and committees, and significant27
provisions for rules of procedure.28 HLS 13RS-216 ORIGINAL
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(5) Timetables for convening, for staff work, for completion of a draft constitution,1
for the election to submit the proposal to the voters of the state, and for effectiveness of the2
new constitution.3
(6) An analysis of staffing and other resources needed and available to address4
policy issues and to skillfully draft constitutional language.5
(7) Recommendations for budget needs for effective conduct of a convention.6
(8) Recommendations for procedures for submission of alternative proposals to the7
voters and ballot structure.8
BE IT FURTHER RESOLVED that the commission shall complete its study and9
determine its recommendations to the legislature no later than January 15, 2014, and shall10
submit to each member of the legislature and to the governor, no later than February 14,11
2014, the complete results of its study and a report of its findings and its recommendations12
based thereon.13
BE IT FURTHER RESOLVED that the commission, for the purposes of conducting14
the study as provided in this Resolution, may utilize the personnel, facilities, and services15
of the legislative auditor, the legislative fiscal officer, and the staffs of the House of16
Representatives and the Senate, and that the commission may request and utilize such17
counsel, assistance, personnel, facilities, and advice as may be obtained from any and all18
public sources and from any and all private sources, including but not necessarily restricted19
to private research agencies, individuals, and organizations.20
BE IT FURTHER RESOLVED that the speaker of the House of Representatives and21
the president of the Senate may each assign one or more employees whose full-time duties22
and responsibilities shall be providing staff support to the commission; that the legislative23
fiscal officer shall assign one employee whose full-time duty and responsibility shall be24
providing staff support to the commission; that the director of the Louisiana State Law25
Institute shall assign one employee whose half-time duty and responsibility shall be26
providing staff support to the commission; that the chief justice of the Louisiana Supreme27
Court shall assign one employee whose half-time duty and responsibility shall be providing28
staff support to the commission; and that each university that appoints a member to the29 HLS 13RS-216 ORIGINAL
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commission shall assign one employee whose half-time duty and responsibility shall be1
providing staff support to the commission.2
BE IT FURTHER RESOLVED that the commission may make or cause to be made3
any studies it finds useful for the purposes of this Resolution through legislative personnel4
or in cooperation with any public or private agency, including but not limited to universities,5
colleges, foundations, charitable corporations, and research organizations, and the6
commission may call upon the members or staffs of any and all departments or agencies of7
the state for data and assistance, and all such departments and agencies shall cooperate with8
the commission.9
BE IT FURTHER RESOLVED that the commission may receive grants, donations,10
or gifts of money or services from public or private organizations or from any other source,11
to be utilized for the purposes of the commission.12
BE IT FURTHER RESOLVED that the commission may create or appoint advisory13
commissions or task forces to act in an advisory capacity or to assist in its studies, composed14
of such representatives of the public or private sectors as it shall deem appropriate.15
BE IT FURTHER RESOLVED that all expenses directly incurred by the commission16
may be paid from any funds available for the purpose and, with the approval of the presiding17
officers of the two houses of the Legislature of Louisiana, from funds available to such18
presiding officers for expenses of the legislature.19
BE IT FURTHER RESOLVED that the commission shall be deemed dissolved upon20
the adjournment sine die of the 2014 Regular Session of the Legislature of Louisiana.21
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. 5
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. HLS 13RS-216 ORIGINAL
HCR NO. 5
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(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.
(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 2013 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. HLS 13RS-216 ORIGINAL
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(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)Alternative proposals for provisions on significant policy areas, together with
explanations and explanatory materials therefor, including multiple optional
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, 2014, and by Feb. 14, 2014, 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 HLS 13RS-216 ORIGINAL
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(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
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
2014 R.S.