HLS 183ES-33 ORIGINAL
2018 Third Extraordinary Session
HOUSE CONCURRENT RESOL UTION NO. 5
BY REPRESENTATIVE FOIL
CONSTITUTION/CONVENTION: Creates a commission to study the feasibility of a
constitutional convention and make recommendations relative thereto
1 A CONCURRENT RESOL UTION
2To create and establish the Constitutional Convention Study Commission to undertake all
3 necessary study to examine the feasibility and advisability of calling a convention
4 to revise the Constitution of Louisiana and, if a convention is found to be feasible
5 and advisable, to make recommendations to the legislature for calling such a
6 convention, including a plan for the conduct of an effective constitutional
7 convention.
8 WHEREAS, at twelve midnight on December 31, 1974, the Constitution of the state
9of Louisiana of 1974 became effective, culminating a remarkable effort to provide the state
10with a completely new constitution that today is recognized as having made landmark
11changes; namely, shortening the state's constitution from two hundred fifty-five thousand
12words to a mere thirty-five thousand words, providing for a dramatic reorganization of the
13executive branch of state government, making very significant changes in local government,
14and in home rule government in particular, taking steps to strengthen the legislature, and
15removing many detailed provisions which had precluded legislative action without an
16accompanying constitutional amendment; and
17 WHEREAS, in the ensuing forty-three years, however, the constitution has been
18amended one hundred eighty-nine times, and as a result, today the document contains not
19only the problematic provisions which the 1973 convention found itself unable or unwilling
20to address but also additional provisions that protect narrow interests from legislative action
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HCR NO. 5
1despite changing times and needs and that tie the hands of the legislature in its efforts to
2effect significant reforms; and
3 WHEREAS, various authorities have suggested the need for Louisiana to address a
4number of policy areas that would require constitutional change, including such matters as
5the state's tax structure and budgetary practices, dedication of state revenues and the
6resulting inability of the legislature to allocate tax resources where needed, as well as fiscal
7restraints on local governments that dramatically limit their authority to meet fiscal and
8budgetary demands; and
9 WHEREAS, as was the case in 1973, Louisiana once again faces the need for a
10serious analysis of its basic law, and it must determine whether a constitutional convention
11is needed and would be the most effective approach to: conducting a genuine examination
12of the state's critical needs, undertaking an in-depth discussion of reform concepts, crafting
13provisions that allow for flexibility and innovation in legislative solutions to problems of the
14present and the future, and challenging Louisiana's voters to accept constructive change; and
15 WHEREAS, prior to calling a constitutional convention, it would be wise to
16undertake appropriate study and analysis to enable effective decisions concerning details of
17convention composition, organization, procedure, and staffing and other resources.
18 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
19create and establish the Constitutional Convention Study Commission to undertake all study
20and analysis necessary for a complete examination of the feasibility and advisability of
21calling a constitutional convention to revise the Constitution of Louisiana and, if a
22convention is found to be feasible and advisable, to make recommendations to the legislature
23for calling such a convention.
24 BE IT FURTHER RESOLVED that the commission shall be composed of the
25following members:
26 (1) Two members of the House of Representatives and one former member of the
27House of Representatives appointed by the speaker of the House of Representatives.
28 (2) Two members of the Senate and one former member of the Senate appointed by
29the president of the Senate.
30 (3) Four members appointed by the governor.
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HCR NO. 5
1 (4) One member appointed by the chief justice of the Louisiana Supreme Court.
2 (5) A representative of the Louisiana State University Paul M. Hebert Law Center
3appointed by the dean of the law center.
4 (6) A representative of the Southern University Law Center appointed by the
5chancellor of the law center.
6 (7) A representative of the Tulane University Law School appointed by the dean of
7the law school.
8 (8) A representative of Loyola University New Orleans College of Law appointed
9by the dean of the college of law.
10 (9) A representative of the Public Affairs Research Council of Louisiana appointed
11by the council.
12 (10) A representative of the Council for a Better Louisiana appointed by the council.
13 BE IT FURTHER RESOLVED that in making appointments to the commission, the
14appointing authorities shall seek to provide diversity in the commission's membership,
15including diversity of geography, race, and gender.
16 BE IT FURTHER RESOLVED that a vacancy in commission membership shall be
17filled in the manner of the original appointment.
18 BE IT FURTHER RESOLVED that the commission shall hold its organizational
19meeting within sixty days after adjournment sine die of the 2018 Third Extraordinary
20Session of the Legislature on the call of the speaker of the House of Representatives and the
21president of the Senate acting jointly and that at such organizational meeting the commission
22shall elect a chairman, a vice chairman, and such other officers as it finds necessary and shall
23adopt rules for its own procedure which shall be subject to later amendment by the
24commission.
25 BE IT FURTHER RESOLVED that the commission shall make such studies as it
26finds necessary or appropriate to make recommendations to the legislature on all matters
27relevant to the convening and conduct of a constitutional convention, including a plan for
28the conduct of an effective constitutional convention, which plan shall include but not be
29limited to:
30 (1) A policy agenda for the convention which shall include:
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HCR NO. 5
1 (a) Identification of significant policy areas that must be addressed in order to
2propose a constitution that will serve the state effectively.
3 (b) Alternative proposals for provisions on significant policy areas, together with
4explanations and explanatory materials therefor, including multiple optional approaches and
5solutions as appropriate to facilitate the work of the convention in addressing issues.
6 (c) Pertinent background material and data relative to significant policy areas.
7 (2) Background and other materials that the committee determines will be useful to
8the work of the convention.
9 (3) Proposals for elimination of statutory materials from the constitution, together
10with recommendations for legislative action relative thereto.
11 (4) Recommendations for convention organization and deliberations, including the
12composition of the membership of the convention, officers and committees, and significant
13provisions for rules of procedure.
14 (5) Timetables for convening, for staff work, for completion of a draft constitution,
15for the election to submit the proposal to the voters of the state, and for effectiveness of the
16new constitution.
17 (6) An analysis of staffing and other resources needed and available to address
18policy issues and to skillfully draft constitutional language.
19 (7) Recommendations for budget needs for effective conduct of a convention.
20 (8) Recommendations for procedures for submission of alternative proposals to the
21voters and ballot structure.
22 BE IT FURTHER RESOLVED that the commission shall make every effort to
23maximize public input and participation, including conducting meetings at times and places
24convenient to the public.
25 BE IT FURTHER RESOLVED that the commission shall complete its study and
26determine its recommendations to the legislature no later than January 15, 2019, and shall
27submit to each member of the legislature and to the governor, no later than February 14,
282019, the complete results of its study and a report of its findings and its recommendations
29based thereon.
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HCR NO. 5
1 BE IT FURTHER RESOLVED that the commission, for the purposes of conducting
2the study as provided in this Resolution, may utilize the personnel, facilities, and services
3of the legislative auditor, the legislative fiscal officer, and the staffs of the House of
4Representatives and the Senate, and that the commission may request and utilize such
5counsel, assistance, personnel, facilities, and advice as may be obtained from any and all
6public sources and from any and all private sources, including but not necessarily restricted
7to private research agencies, individuals, and organizations.
8 BE IT FURTHER RESOLVED that the commission may make or cause to be made
9any studies it finds useful for the purposes of this Resolution through legislative personnel
10or in cooperation with any public or private agency, including but not limited to universities,
11colleges, foundations, charitable corporations, and research organizations, and the
12commission may call upon the members or staffs of any and all departments or agencies of
13the state for data and assistance, and all such departments and agencies shall cooperate with
14the commission.
15 BE IT FURTHER RESOLVED that the commission may receive grants, donations,
16or gifts of money or services from public or private organizations or from any other source,
17to be utilized for the purposes of the commission.
18 BE IT FURTHER RESOLVED that the commission may create or appoint advisory
19commissions or task forces, to act in an advisory capacity or to assist in its studies,
20composed of such representatives of the public or private sectors as it deems appropriate.
21 BE IT FURTHER RESOLVED that all expenses directly incurred by the commission
22may be paid from any funds available for the purpose and, with the approval of the presiding
23officers of the two houses of the Legislature of Louisiana, from funds available to such
24presiding officers for expenses of the legislature.
25 BE IT FURTHER RESOLVED that the commission shall be deemed dissolved upon
26the adjournment sine die of the 2019 Regular Session of the Legislature of Louisiana.
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HCR NO. 5
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:
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HCR NO. 5
(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.
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