Louisiana 2018 2018 3rd Special Session

Louisiana Senate Bill SCR3 Comm Sub / Analysis

                    The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Tim Prather.
DIGEST
SCR 3 Original 2018 Third Extraordinary Session	Peterson
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 13 members as follows:
(a)One member of the La. House of Representatives appointed by the speaker of the
House of Representatives.
(b)One member 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 LSU Paul M. Hebert Law Center appointed by the chancellor
of the law center.
(f)A representative of the Southern University Law Center appointed by the chancellor
of the law center.
(g)A representative of the Public Affairs Research Council of La. appointed by the
council.
(h)A representative of the Board of Regents appointed by the board.
(i)A representative of the BESE appointed by the board.
(j)A representative of the CABL appointed by the council.
(k)A representative of the La. Sheriffs' Association appointed by the association's
executive board.
(l)A representative of the La. Municipal Association appointed by the association's
executive board.
(m)A representative of the La. Tax Institute appointed by the board of the institute. (n)A representative of the Police Jury Association of La. appointed by the association.
Provides that if the appointing authorities provided for in (e) and (f) above do not make an
appointment as provided, the speaker of the House of Representatives and the president of
the Senate 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 will hold its organizational meeting within 60 days after
adjournment sine die of the 2018 Third Extraordinary Session on the call of the chairman,
who will be appointed by the governor from the commission membership.
Requires the commission, at the organizational meeting, to elect 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 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, 2019, and, by Feb. 14, 2019, 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 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.
(7)Authorizes the commission to receive grants, donations, or gifts of money or services from
public or private organizations or from any other source, and to create or appoint advisory
commissions or task forces for advice or assistance, composed of representatives of the
public or private sectors.
(8)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.
(9)Provides that the commission shall be dissolved upon the adjournment sine die of the 2019
R.S.