HLS 18RS-504 REENGROSSED
2018 Regular Session
HOUSE CONCURRENT RESOL UTION NO. 3
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 additional provisions that protect narrow interests from legislative action
Page 1 of 8 HLS 18RS-504 REENGROSSED
HCR NO. 3
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, 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) One member of the Louisiana House of Representatives appointed by the speaker
27of the House of Representatives.
28 (2) One member of the Louisiana Senate appointed by the president of the Senate.
29 (3) Two members appointed by the governor.
30 (4) Two members appointed by the chief justice of the Louisiana Supreme Court.
Page 2 of 8 HLS 18RS-504 REENGROSSED
HCR NO. 3
1 (5)(a)(i) A representative of the Louisiana State University Paul M. Hebert Law
2Center appointed by the chancellor of the law center.
3 (ii) A representative of the Southern University Law Center appointed by the
4chancellor of the law center.
5 (b) If the appointing authorities do not make an appointment as provided in
6Subparagraph (a) of this Paragraph, the speaker of the House of Representatives and the
7president of the Senate shall make any appointment necessary to provide for such required
8membership, giving consideration to any recommendations of the appointing authorities.
9 (6) A representative of the Public Affairs Research Council of Louisiana appointed
10by the council.
11 (7) A representative of the Board of Regents appointed by the board.
12 (8) A representative of the State Board of Elementary and Secondary Education
13appointed by the board.
14 (9) A representative of the Council for a Better Louisiana appointed by the council.
15 (10) A representative of the Louisiana Sheriffs' Association appointed by the
16executive board of the Louisiana Sheriffs' Association.
17 (11) A representative of the Louisiana Municipal Association appointed by the
18executive board of the Louisiana Municipal Association.
19 (12) A representative of the Louisiana Tax Institute appointed by the board of the
20Louisiana Tax Institute.
21 (13) A representative of the Police Jury Association of Louisiana appointed by the
22association.
23 BE IT FURTHER RESOLVED that in making appointments to the commission, the
24appointing authorities shall seek to provide diversity in the commission's membership,
25including diversity of geography, race, and gender.
26 BE IT FURTHER RESOLVED that a vacancy in commission membership shall be
27filled in the manner of the original appointment.
28 BE IT FURTHER RESOLVED that the commission shall hold its organizational
29meeting within sixty days after adjournment sine die of the 2018 Regular Session of the
30Legislature on the call of the speaker of the House of Representatives and the president of
Page 3 of 8 HLS 18RS-504 REENGROSSED
HCR NO. 3
1the Senate acting jointly and that at such organizational meeting the commission shall elect
2a chairman, a vice chairman, and such other officers as it finds necessary and shall adopt
3rules for its own procedure which shall be subject to later amendment by the commission.
4 BE IT FURTHER RESOLVED that the commission shall make such studies as it
5finds necessary or appropriate to determine the feasibility and advisability of calling a
6convention to revise the Constitution of Louisiana and, if a convention is found to be feasible
7and advisable, to make recommendations to the legislature on all matters relevant to the
8convening and conduct of a constitutional convention, including a plan for the conduct of
9an effective constitutional convention, which plan shall include but not be limited to:
10 (1) A policy agenda for the convention which shall include:
11 (a) Identification of significant policy areas that must be addressed in order to
12propose a constitution that will serve the state effectively.
13 (b) Alternative proposals for provisions on significant policy areas, together with
14explanations and explanatory materials therefor, including multiple optional approaches and
15solutions as appropriate to facilitate the work of the convention in addressing issues.
16 (c) Pertinent background material and data relative to significant policy areas.
17 (2) Background and other materials that the committee determines will be useful to
18the work of the convention.
19 (3) Proposals for elimination of statutory materials from the constitution, together
20with recommendations for legislative action relative thereto.
21 (4) Recommendations for convention organization and deliberations, including the
22composition of the membership of the convention, officers and committees, and significant
23provisions for rules of procedure.
24 (5) Timetables for convening, for staff work, for completion of a draft constitution,
25for the election to submit the proposal to the voters of the state, and for effectiveness of the
26new constitution.
27 (6) An analysis of staffing and other resources needed and available to address
28policy issues and to skillfully draft constitutional language.
29 (7) Recommendations for budget needs for effective conduct of a convention.
Page 4 of 8 HLS 18RS-504 REENGROSSED
HCR NO. 3
1 (8) Recommendations for procedures for submission of alternative proposals to the
2voters and ballot structure.
3 BE IT FURTHER RESOLVED that the commission shall complete its study and
4determine its recommendations to the legislature no later than January 15, 2019, and shall
5submit to each member of the legislature and to the governor, no later than February 14,
62019, the complete results of its study and a report of its findings and its recommendations
7based thereon.
8 BE IT FURTHER RESOLVED that the commission, for the purposes of conducting
9the study as provided in this Resolution, may utilize the personnel, facilities, and services
10of the legislative auditor, the legislative fiscal officer, and the staffs of the House of
11Representatives and the Senate, and that the commission may request and utilize such
12counsel, assistance, personnel, facilities, and advice as may be obtained from any and all
13public sources and from any and all private sources, including but not necessarily restricted
14to private research agencies, individuals, and organizations.
15 BE IT FURTHER RESOLVED that the commission may make or cause to be made
16any studies it finds useful for the purposes of this Resolution through legislative personnel
17or in cooperation with any public or private agency, including but not limited to universities,
18colleges, foundations, charitable corporations, and research organizations, and the
19commission may call upon the members or staffs of any and all departments or agencies of
20the state for data and assistance, and all such departments and agencies shall cooperate with
21the commission.
22 BE IT FURTHER RESOLVED that the commission may receive grants, donations,
23or gifts of money or services from public or private organizations or from any other source,
24to be utilized for the purposes of the commission.
25 BE IT FURTHER RESOLVED that the commission may create or appoint advisory
26commissions or task forces to act in an advisory capacity or to assist in its studies, composed
27of such representatives of the public or private sectors as it deems appropriate.
28 BE IT FURTHER RESOLVED that all expenses directly incurred by the commission
29may be paid from any funds available for the purpose and, with the approval of the presiding
Page 5 of 8 HLS 18RS-504 REENGROSSED
HCR NO. 3
1officers of the two houses of the Legislature of Louisiana, from funds available to such
2presiding officers for expenses of the legislature.
3 BE IT FURTHER RESOLVED that the commission shall be deemed dissolved upon
4the adjournment sine die of the 2019 Regular Session of the Legislature of Louisiana.
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 3 Reengrossed 2018 Regular 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.
(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.
Page 6 of 8 HLS 18RS-504 REENGROSSED
HCR NO. 3
Provides that if the appointing authorities provided for in (e) and (f) 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 2018 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.
Page 7 of 8 HLS 18RS-504 REENGROSSED
HCR NO. 3
(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 sources 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 House
The House Floor Amendments to the engrossed concurrent resolution:
1. Remove specific provision which authorized the presiding officers of the
legislature to assign one or more employees full-time to the commission; which
required the legislative fiscal officer to assign one employee full-time to the
commission; which required the La. State Law Institute to assign one employee
half-time to the commission; which required the chief justice of the La. Supreme
Court to assign one employee half-time to the commission; and which required
each appointing university to each assign one employee half-time to the
commission.
2. Remove one appointment from the House; one appointment from the Senate; the
representative from the LSU E.J. Ourso College of Business; and the
representative of the SU College of Business.
3. Add an appointment from each of the following: the Board of Regents, BESE,
CABL, La. Sheriffs' Association, LMA, La. Tax Institute, and the Police Jury
Association of La.
Page 8 of 8