HLS 19RS-65 ENGROSSED
2019 Regular Session
HOUSE CONCURRENT RESOL UTION NO. 56
BY REPRESENTATIVE FOIL
CONSTITUTION/CONVENTION: Creates a commission to make recommendations
relative to the conduct of a constitutional convention
1 A CONCURRENT RESOL UTION
2To create and establish the Constitutional Convention Study Commission to undertake all
3 necessary study to examine and to make recommendations to the legislature relative
4 to the calling of a convention to revise the Constitution of Louisiana, including a
5 plan for the conduct of an effective constitutional convention.
6 WHEREAS, at twelve midnight on December 31, 1974, the Constitution of the state
7of Louisiana of 1974 became effective, culminating a remarkable effort to provide the state
8with a completely new constitution that today is recognized as having made landmark
9changes; namely, shortening the state's constitution from two hundred fifty-five thousand
10words to a mere thirty-five thousand words, providing for a dramatic reorganization of the
11executive branch of state government, making very significant changes in local government,
12and in home rule government in particular, taking steps to strengthen the legislature, and
13removing many detailed provisions which had precluded legislative action without an
14accompanying constitutional amendment; and
15 WHEREAS, in the ensuing forty-four years, however, the constitution has been
16amended one hundred ninety-five times, and as a result, today the document contains not
17only the problematic provisions which the 1973 convention found itself unable or unwilling
18to address but additional provisions that protect narrow interests from legislative action
19despite changing times and needs and that tie the hands of the legislature in its efforts to
20effect significant reforms; and
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1 WHEREAS, various authorities have suggested the need for Louisiana to address a
2number of policy areas that would require constitutional change, including such matters as
3the state's tax structure and budgetary practices, dedication of state revenues and the
4resulting inability of the legislature to allocate tax resources where needed, as well as fiscal
5restraints on local governments that dramatically limit their authority to meet fiscal and
6budgetary demands; and
7 WHEREAS, as was the case in 1973, Louisiana once again faces the need for a
8serious analysis of its basic law, and it must determine whether a constitutional convention
9would be the most effective approach to: conducting a genuine examination of the state's
10critical needs, undertaking an in-depth discussion of reform concepts, crafting provisions
11that allow for flexibility and innovation in legislative solutions to problems of the present
12and the future, and challenging Louisiana's voters to accept constructive change; and
13 WHEREAS, prior to calling a constitutional convention, it would be wise to
14undertake appropriate study and analysis to enable effective decisions concerning details of
15convention composition, organization, procedure, staffing, and other resources.
16 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
17create and establish the Constitutional Convention Study Commission to undertake all study
18and analysis necessary for a complete examination of calling a constitutional convention to
19revise the Constitution of Louisiana and to make recommendations to the legislature for the
20effective conduct of such a convention.
21 BE IT FURTHER RESOLVED that the commission shall be composed of the
22following members:
23 (1) Three members of the House of Representatives and one former member of the
24House of Representatives appointed by the speaker of the House of Representatives.
25 (2) Three members of the Senate and one former member of the Senate appointed
26by the president of the Senate.
27 (3) Four members appointed by the governor.
28 (4) Four members appointed by the chief justice of the Louisiana Supreme Court.
29 (5) A representative of the Public Affairs Research Council of Louisiana appointed
30by the council.
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1 (6) A representative of the Council for a Better Louisiana appointed by the council.
2 BE IT FURTHER RESOLVED that in making appointments to the commission, the
3appointing authorities shall seek to provide diversity in the commission's membership,
4including diversity of geography, race, and gender.
5 BE IT FURTHER RESOLVED that a vacancy in commission membership shall be
6filled in the manner of the original appointment.
7 BE IT FURTHER RESOLVED that the commission shall hold its organizational
8meeting within sixty days after adjournment sine die of the 2019 Regular Session of the
9Legislature on the call of the speaker of the House of Representatives and the president of
10the Senate acting jointly and that at such organizational meeting the commission shall elect
11a chairman, a vice chairman, and such other officers as it finds necessary and shall adopt
12rules for its own procedure which shall be subject to later amendment by the commission.
13 BE IT FURTHER RESOLVED that the commission shall make such studies as it
14finds necessary to make recommendations to the legislature on all matters relevant to the
15convening and conduct of a constitutional convention, including a plan for the conduct of
16an effective constitutional convention, which plan shall include but not be limited to:
17 (1) A policy agenda for the convention which shall include:
18 (a) Identification of significant policy areas that must be addressed in order to
19propose a constitution that will serve the state effectively.
20 (b) Alternative proposals for provisions on significant policy areas, together with
21explanations and explanatory materials therefor, including multiple optional approaches and
22solutions as appropriate to facilitate the work of the convention in addressing issues.
23 (c) Pertinent background material and data relative to significant policy areas.
24 (2) Background and other materials that the committee determines will be useful to
25the work of the convention.
26 (3) Proposals for elimination of statutory materials from the constitution, together
27with recommendations for legislative action relative thereto.
28 (4) Recommendations for convention organization and deliberations, including the
29composition of the membership of the convention, officers and committees, and significant
30provisions for rules of procedure.
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1 (5) Timetables for convening, for staff work, for completion of a draft constitution,
2for the election to submit the proposal to the voters of the state, and for effectiveness of the
3new constitution.
4 (6) An analysis of staffing and other resources needed and available to address
5policy issues and to skillfully draft constitutional language.
6 (7) Recommendations for budget needs for effective conduct of a convention.
7 (8) Recommendations for procedures for submission of alternative proposals to the
8voters and ballot structure.
9 BE IT FURTHER RESOLVED that the commission shall complete its study and
10determine its recommendations to the legislature no later than December 15, 2019, and shall
11submit to each member of the legislature and to the governor, no later than January 10, 2020,
12the complete results of its study and a report of its findings and its recommendations based
13thereon.
14 BE IT FURTHER RESOLVED that the commission shall make every effort to
15maximize public input and participation, including conducting meetings at times and places
16convenient to the public.
17 BE IT FURTHER RESOLVED that the commission, for the purposes of conducting
18the study as provided in this Resolution, may utilize the personnel, facilities, and services
19of the legislative auditor, the legislative fiscal officer, and the staffs of the House of
20Representatives and the Senate, and that the commission may request and utilize such
21counsel, assistance, personnel, facilities, and advice as may be obtained from any and all
22public sources.
23 BE IT FURTHER RESOLVED that the commission may create or appoint advisory
24commissions or task forces to act in an advisory capacity or to assist in its studies, composed
25of such representatives of the public or private sectors as it deems appropriate.
26 BE IT FURTHER RESOLVED that all expenses directly incurred by the commission
27may be paid from any funds available for the purpose and, with the approval of the presiding
28officers of the two houses of the Legislature of Louisiana, from funds available to such
29presiding officers for expenses of the legislature.
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HCR NO. 56
1 BE IT FURTHER RESOLVED that the commission shall be deemed dissolved on
2January 13, 2020.
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 56 Engrossed 2019 Regular Session Foil
Abstract: Establishes the Constitutional Convention Study Commission.
Proposed concurrent resolution creates the Constitutional Convention Study Commission
to make necessary studies and analysis to examine and make recommendations relative to
the calling of an effective constitutional convention to revise the Constitution of La.
(1)Provides that the commission be composed of the following members:
(a)Three members of the House and one former member of the House
appointed by the speaker of the House of Representatives.
(b) Three members of the Senate and one former member of the Senate
appointed by the president of the Senate.
(c)Four members appointed by the governor.
(d)Four members appointed by the chief justice of the La. Supreme Court.
(e)A representative of the Public Affairs Research Council of La. appointed by
the council.
(f) A representative of the Council for a Better La. appointed by the council.
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 2019 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 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.
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(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.
(4)Requires the commission to complete its study and determine its recommendations
by Dec. 15, 2019, and, by Jan.10, 2020, 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 sources.
(6)Authorizes the commission to create or appoint advisory commissions or task forces
for advice or assistance, composed of representatives of the public or private sectors.
(7)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.
(8)Provides that the commission shall be dissolved on Jan. 13, 2020.
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