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