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)]
HCR 5 Original 2018 Third Extraordinary Session Foil
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.
Provides that the commission be composed of the following members:
(1) Two members of the House of Representatives and one former member of the House
of Representatives appointed by the speaker of the House.
(2)Two members of the Senate and one former member of the Senate appointed by the
president of the Senate.
(3)Four members appointed by the governor.
(4)One member appointed by the chief justice of the La. Supreme Court.
(5)A representative of the LSU Paul M. Hebert Law Center appointed by the dean of the
law center.
(6) A representative of the SU Law Center appointed by the chancellor of the law center.
(7)A representative of the Tulane University Law School appointed by the dean of the
law school.
(8)A representative of Loyola University New Orleans College of Law appointed by the
dean of the college of law.
(9)A representative of the Public Affairs Research Council of La. appointed by the
council.
(10) A representative of the Council for a Better La. appointed by the council. by the
council.
Requires the appointing authorities, in making appointments, to seek to provide diversity in the
commission's membership, including diversity of geography, race, and gender. Provides for
vacancies to be filled in the manner of the original appointment. Requires the commission to hold its organizational meeting within 60 days after adjournment sine
die of the 2018 3rd E.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.
Requires the commission to make such studies as it finds necessary or appropriate 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:
(1)A policy agenda for the convention which shall include:
(a)Identification of significant policy areas that must be addressed in order to
propose a constitution that will serve the state effectively.
(b)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.
(c)Pertinent background material and data relative to significant policy areas.
(2)Background and other materials that the committee determines will be useful to the
work of the convention.
(3)Proposals for elimination of statutory materials from the constitution, together with
recommendations for legislative action relative thereto.
(4)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.
(5)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.
(6)An analysis of staffing and other resources needed and available to address policy
issues and to skillfully draft constitutional language.
(7)Recommendations for budget needs for effective conduct of a convention.
(8)Recommendations for procedures for submission of alternative proposals to the
voters and ballot structure.
Requires the commission to make every effort to maximize public input and participation, including conducting meetings at times and places convenient to the public and requires the commission to
complete its study and determine its recommendations by Jan. 15, 2019, and to submit study results
and a report of its findings and recommendations to each legislator and the governor by Feb. 14,
2019.
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.
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.
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.
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.
Provides that the commission shall be dissolved upon the adjournment sine die of the 2019 R.S.