HLS 19RS-694 ORIGINAL
2019 Regular Session
HOUSE CONCURRENT RESOL UTION NO. 74
BY REPRESENTATIVE ABRAMSON
CONSTITUTION/CONVENTION: Creates a commission to make recommendations for
the effective conduct of a constitutional convention
1 A CONCURRENT RESOL UTION
2To create a commission to identify the provisions of the Constitution of Louisiana which
3 should be considered for revision in a constitutional convention and to make
4 recommendations for the conduct of a constitutional convention to revise the
5 Constitution of Louisiana.
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, including ninety-nine amendments to Article VII
17dealing with revenue and finance, and as a result, today the document contains not only the
18problematic provisions which the 1973 convention found itself unable or unwilling to
19address but also additional provisions that protect narrow interests from legislative action
20despite changing times and needs and that tie the hands of the legislature in its efforts to
21effect 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, there were one or more mid-year budget cuts due to projected deficits
8each year from Fiscal Year 2008-2009 through Fiscal Year 2016-2017 and thirteen mid-year
9adjustments that adjusted deficits totaling almost four billion dollars, which further indicates
10the compelling need to examine and address the state's financial policies embedded in the
11constitution; and
12 WHEREAS, as was the case in 1973, Louisiana once again faces the need for a
13serious analysis and revision of its basic law by a constitutional convention to: conduct a
14genuine examination of the state's critical needs, undertake an in-depth discussion of reform
15concepts, craft provisions that allow for flexibility and innovation in legislative solutions to
16problems of the present and the future, and challenge Louisiana's voters to accept
17constructive change; and
18 WHEREAS, prior to convening a constitutional convention, it would be beneficial
19to undertake appropriate study and analysis to enable effective legislative decisions and
20consensus concerning details of convention composition, organization, procedure, and
21staffing and other resources.
22 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
23create and establish the Constitutional Convention Study Commission to undertake all study
24and analysis necessary to make recommendations to the legislature for calling a
25constitutional convention to revise the Constitution of Louisiana.
26 BE IT FURTHER RESOLVED that the commission shall be composed of the
27following legislators:
28 (1) Five members of the House of Representatives appointed by the speaker of the
29House of Representatives in a manner to reflect the diversity of the membership of the
30House of Representatives.
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1 (2) Five members of the Senate appointed by the president of the Senate in a manner
2to reflect the diversity of the membership of the Senate.
3 BE IT FURTHER RESOLVED that the commission shall hold its organizational
4meeting within thirty days after adjournment sine die of the 2019 Regular Session of the
5Legislature on the call of the speaker of the House of Representatives and the president of
6the Senate acting jointly and that at such organizational meeting the commission shall elect
7a chairman, a vice chairman, and such other officers as it finds necessary.
8 BE IT FURTHER RESOLVED that the commission shall make such studies as it
9finds necessary or appropriate to make recommendations to the legislature on all matters
10relevant to the convening and conduct of a constitutional convention, including but not
11limited to:
12 (1) Identification of significant policy areas that must be addressed in order to
13propose a constitution that will serve the state effectively.
14 (2) Identification of pertinent background material and data relative to significant
15policy areas that the commission determines will be useful to the work of the convention.
16 (3) Recommendations for the composition of the membership of the convention.
17 (4) Recommended proposed timetables for the convention.
18 (5) Recommendations regarding staffing and other resources needed and available
19to address policy issues and to skillfully draft constitutional language.
20 (6) Recommendations for budget needs for effective conduct of a convention.
21 BE IT FURTHER RESOLVED that the commission shall complete its study and
22determine the recommendations it will make to the legislature no later than January 1, 2020,
23and shall submit to each member of the legislature and to the governor, no later than January
2413, 2020, the complete results of its study and a report of its findings and its
25recommendations based thereon.
26 BE IT FURTHER RESOLVED that the commission, for the purposes of conducting
27the study as provided in this Resolution, may utilize the personnel, facilities, and services
28of the legislative auditor, the legislative fiscal officer, and the staff of the House of
29Representatives and the Senate, and that the commission may request and utilize such
30counsel, assistance, personnel, facilities, and advice as may be obtained from any and all
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1public sources and from any and all private sources, including but not necessarily restricted
2to private research agencies, individuals, and organizations.
3 BE IT FURTHER RESOLVED that the commission may make or cause to be made
4any studies it finds useful for the purposes of this Resolution through legislative personnel
5or in cooperation with any public or private agency, including but not limited to universities,
6colleges, foundations, charitable corporations, and research organizations, and the
7commission may call upon the members or staffs of any and all departments or agencies of
8the state for data and assistance, and all such departments and agencies shall cooperate with
9the commission.
10 BE IT FURTHER RESOLVED that the commission may receive grants, donations,
11or gifts of money or services from public or private organizations or from any other source,
12to be utilized for the purposes of the commission.
13 BE IT FURTHER RESOLVED that the commission may create or appoint advisory
14commissions or task forces, to act in an advisory capacity or to assist in its studies,
15composed of such representatives of the public or private sectors as it deems appropriate.
16 BE IT FURTHER RESOLVED that all expenses directly incurred by the commission
17may be paid from any funds available for the purpose and, with the approval of the presiding
18officers of the two houses of the Legislature of Louisiana, from funds available to such
19presiding officers for expenses of the legislature.
20 BE IT FURTHER RESOLVED that the commission shall be deemed dissolved at
21ten o'clock in the morning on January 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 74 Original 2019 Regular Session Abramson
Proposed concurrent resolution creates the Constitutional Convention Study Commission
to make necessary studies and analysis to identify the provisions of the Constitution of La.
which should be considered for revision in a constitutional convention and to make
recommendations for the conduct of a constitutional convention.
(1)Provides that the commission be composed of:
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HCR NO. 74
(a)Five members of the House of Representatives appointed by the speaker of
the House of Representatives in a manner to reflect the diversity of the
membership of the House of Representatives.
(b)Five members of the Senate appointed by the president of the Senate in a
manner to reflect the diversity of the membership of the Senate.
(2)Requires that the commission hold its organizational meeting within 30 days after
adjournment sine die of the 2019 Regular Session 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.
(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)Identification of significant policy areas that must be addressed in order to
propose a constitution that will serve the state effectively.
(b)Identification of pertinent background material and data relative to
significant policy areas that the commission determines will be useful to the
work of the convention.
(c)Recommendations for the composition of the membership of the convention.
(d)Recommended proposed timetables for the convention.
(e)Recommendations regarding staffing and other resources needed and
available to address policy issues and to skillfully draft constitutional
language.
(f)Recommendations for budget needs for effective conduct of a convention.
(4)Requires the commission to complete its study and determine its recommendations
by Jan. 1, 2020, and by Jan. 13, 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 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 is dissolved at 10:00 a.m. on Jan. 13, 2020.
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