SLS 18RS-1255 ORIGINAL
2018 Regular Session
SENATE CONCURRENT RESOL UTION NO. 45
BY SENATOR CARTER
CONSTITUTION CONVENTION. Creates a commission to study the feasibility of a
constitutional convention and make recommendations relative 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 which 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 which the 1973 convention found itself unable or unwilling
2 to address but 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 nineteen
27 members as follows:
28 (1) Four members of the Louisiana Legislature appointed with the concurrence of
29 and the president and president pro tempore of the Senate and the speaker and speaker pro
30 tempore of the House of Representatives.
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1 (2) Four members appointed by the governor.
2 (3) Four members appointed by the chief justice of the Louisiana Supreme Court.
3 (4) A representative of the Louisiana State University Paul M. Hebert Law Center
4 appointed by the dean of the law center.
5 (5) A representative of the Southern University Law Center appointed by the
6 chancellor of the law center.
7 (6) A representative of the Tulane University Law School appointed by the dean of
8 the law school.
9 (7) A representative of Loyola University New Orleans College of Law appointed
10 by the dean of the college of law.
11 (8) A representative of the Public Affairs Research Council of Louisiana appointed
12 by the council.
13 (9) A representative of the Council for a Better Louisiana appointed by the council.
14 (10) A representative of local governmental bodies appointed with the concurrence
15 of the Louisiana Municipal Association, the Police Jury Association of Louisiana, and the
16 Louisiana School Boards Association.
17 BE IT FURTHER RESOLVED that in making appointments to the commission, the
18 appointing authorities shall seek to provide diversity in the commission's membership,
19 including diversity of geography, race, and gender.
20 BE IT FURTHER RESOLVED that a vacancy in commission membership shall be
21 filled in the manner of the original appointment.
22 BE IT FURTHER RESOLVED that the commission shall hold its organizational
23 meeting within sixty days after adjournment sine die of the 2018 Regular Session of the
24 Legislature on the call of the president of the Senate and the speaker of the House of
25 Representatives acting jointly and that at such organizational meeting the commission shall
26 elect a chairman, a vice chairman, and such other officers as it finds necessary and shall
27 adopt rules for its own procedure which shall be subject to later amendment by the
28 commission.
29 BE IT FURTHER RESOLVED that the commission shall make such studies as it
30 finds necessary or appropriate to determine the feasibility and advisability of calling a
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1 convention to revise the Constitution of Louisiana and, if a convention is found to be feasible
2 and advisable, to make recommendations to the legislature on all matters relevant to the
3 convening and conduct of a constitutional convention, including a plan for the conduct of
4 an effective constitutional convention, which plan shall include but not be limited to:
5 (1) A policy agenda for the convention which shall include:
6 (a) Identification of significant policy areas that must be addressed in order to
7 propose a constitution that will serve the state effectively.
8 (b) Alternative proposals for provisions on significant policy areas, together with
9 explanations and explanatory materials therefor, including multiple optional approaches and
10 solutions as appropriate to facilitate the work of the convention in addressing issues.
11 (c) Pertinent background material and data relative to significant policy areas.
12 (2) Background and other materials that the committee determines will be useful to
13 the work of the convention.
14 (3) Proposals for elimination of statutory materials from the constitution, together
15 with recommendations for legislative action relative thereto.
16 (4) Recommendations for convention organization and deliberations, including the
17 composition of the membership of the convention, officers and committees, and significant
18 provisions for rules of procedure.
19 (5) Timetables for convening, for staff work, for completion of a draft constitution,
20 for the election to submit the proposal to the voters of the state, and for effectiveness of the
21 new constitution.
22 (6) An analysis of staffing and other resources needed and available to address
23 policy issues and to skillfully draft constitutional language.
24 (7) Recommendations for budget needs for effective conduct of a convention.
25 (8) Recommendations for procedures for submission of alternative proposals to the
26 voters and ballot structure.
27 BE IT FURTHER RESOLVED that the commission shall complete its study and
28 determine its recommendations to the legislature and to the governor no later than January
29 15, 2019, and shall submit to each member of the legislature no later than February 14, 2019,
30 the complete results of its study and a report of its findings and its recommendations based
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1 thereon.
2 BE IT FURTHER RESOLVED that the commission, for the purposes of conducting
3 the study as provided in this Resolution, may utilize the personnel, facilities, and services
4 of the legislative auditor, the legislative fiscal officer, and the staffs of the Senate and the
5 House of Representatives, and that the commission may request and utilize such counsel,
6 assistance, personnel, facilities, and advice as may be obtained from any and all public
7 sources and from any and all private sources, including but not necessarily restricted to
8 private research agencies, individuals, and organizations.
9 BE IT FURTHER RESOLVED that the president of the Senate and the speaker of
10 the House of Representatives may each assign one or more employees whose full-time duties
11 and responsibilities shall be providing staff support to the commission; that the legislative
12 fiscal officer shall assign one employee whose full-time duty and responsibility shall be
13 providing staff support to the commission; that the director of the Louisiana State Law
14 Institute shall assign one employee whose half-time duty and responsibility shall be
15 providing staff support to the commission; that the chief justice of the Louisiana Supreme
16 Court shall assign one employee whose half-time duty and responsibility shall be providing
17 staff support to the commission; and that each university that appoints a member to the
18 commission shall assign one employee whose half-time duty and responsibility shall be
19 providing staff support to the commission.
20 BE IT FURTHER RESOLVED that the commission may make or cause to be made
21 any studies it finds useful for the purposes of this Resolution through legislative personnel
22 or in cooperation with any public or private agency, including but not limited to universities,
23 colleges, foundations, charitable corporations, and research organizations, and the
24 commission may call upon the members or staffs of any and all departments or agencies of
25 the state for data and assistance, and all such departments and agencies shall cooperate with
26 the commission.
27 BE IT FURTHER RESOLVED that the commission may receive grants, donations,
28 or gifts of money or services from public or private organizations or from any other source,
29 to be utilized for the purposes of the commission.
30 BE IT FURTHER RESOLVED that the commission may create or appoint advisory
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1 commissions or task forces to act in an advisory capacity or to assist in its studies, composed
2 of such representatives of the public or private sectors as it deems appropriate.
3 BE IT FURTHER RESOLVED that all expenses directly incurred by the commission
4 may be paid from any funds available for the purpose and, with the approval of the presiding
5 officers of the two houses of the Legislature of Louisiana, from funds available to such
6 presiding officers for expenses of the legislature.
7 BE IT FURTHER RESOLVED that the commission shall be deemed dissolved upon
8 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 Angela L. De Jean.
DIGEST
SCR 45 Original 2018 Regular Session Carter
Creates a commission to study the feasibility of a constitutional convention and make
recommendations relative thereto.
The commission shall be composed of 19 members as follows:
(1)Four members of the La. Legislature appointed with the concurrence of and the
president and president pro tempore of the Senate and the speaker and speaker pro
tempore of the House of Representatives.
(2)Four members appointed by the governor.
(3)Four members appointed by the chief justice of the La. Sup. Ct.
(4)A representative of the LSU Paul M. Hebert Law Center appointed by the dean of
the law center.
(5)A representative of the SU Law Center appointed by the chancellor of the law center.
(6)A representative of the Tulane University Law School appointed by the dean of the
law school.
(7)A representative of Loyola University New Orleans College of Law appointed by the
dean of the college of law.
(8)A representative of the Public Affairs Research Council of La. appointed by the
council.
(9)A representative of the Council for a Better La. appointed by the council.
(10)A representative of local governmental bodies appointed with the concurrence of the
LMA, the Police Jury Association of La., and the Louisiana School Boards
Association.
The commission shall make such studies as it finds necessary or appropriate to determine
the feasibility and advisability of calling a convention to revise the La. Constitution and, if
a convention is found to be feasible and advisable, to make recommendations to the
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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.
The commission shall complete its study and determine its recommendations to the
legislature and to the governor no later than January 15, 2019, and shall submit to each
member of the legislature no later than February 14, 2019, the complete results of its study
and a report of its findings and its recommendations based thereon.
The commission shall be deemed dissolved upon the adjournment sine die of the 2019 RS
of the legislature.
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