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.
(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.
(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.
(iii)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
(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.