Title: LA HOUSE CONCURRENT RESOLUTION NO. 4
Original CoS Document (slug): la-house-concurrent-resolution-no-4
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Attached File: 2018_Louisiana_Delegate_(Commisioner)_Selection.pdf
Created: 2023-01-19 19:53:40
Updated: 2024-03-04 09:26:53
Published: 2023-12-06 19:00:00
Converted: 2025-04-14T20:09:23.693018368
ENROLLED
2018 Regular Session
HOUSE CONCURRENT RESOLUTION NO. 4
BY REPRESENTATIVE ABRAHAM
A CONCURRENT RESOLUTION
To provide for the selection and authority of commissioners to attend an Article V
Convention called for proposing amendments to the U.S. Constitution, as provided
for in Article V of that Constitution.
WHEREAS, it is necessary for each state to provide for the selection of
commissioners to attend any Article V Convention.
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
adopt the following procedures for the selection of commissioners to attend an Article V
Convention:
Section 1. Selection of Commissioners
When a convention is called to propose amendments to the U. S. Constitution
pursuant to Article V of the U.S. Constitution, the selection and participation of
commissioners from Louisiana to such convention shall be governed by this Resolution.
Section 2. Number, Eligibility, and Selection of Commissioners
A. Louisiana shall have five commissioners and three alternate commissioners to the
convention.
B. Commissioners and alternates shall be citizens of the State of Louisiana and shall
otherwise meet the same qualifications necessary to hold office in the state legislature.
Commissioners and alternates may include persons holding public office, subject to further
limits described below, except that no person will be eligible who is (1) a member of the
United States House of Representatives or Senate, (2) an employee of the United States, (3)
an employee or other representative of a contractor with the United Sates, or (4) an elected
official holding a statewide office. Commissioners and alternates are also subject to those
existing ethics rules which apply to members of the legislature.
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C. The House and Senate shall select, by simple majority vote of each house, the
five commissioners and three alternates who meet the eligibility requirements described
herein. Of the five commissioners, at least two shall not be sitting members of the state
legislature. Of the three alternates, at least one shall not be a sitting member of the state
legislature.
D. Three commissioners shall constitute a quorum for all decisions made by the
delegation, and no commissioner may give his or her vote by proxy or otherwise to any other
commissioner. The commissioners shall select a chairperson to administer the work of the
commissioners.
Section 3. Authority of Commissioners
A. Each commissioner and alternate shall, by oath or affirmation as a condition of
participating in the convention, agree to faithfully and impartially discharge all the duties
incumbent upon a convention commissioner, including the duty to abide by instructions
established by concurrent resolution of the legislature for participation in the convention and
the duty to act only within the scope of the Louisiana Legislature's application for the
convention, if Louisiana applied for the convention in which the commissioners are
participating. Each commissioner and alternate shall further agree to immediately notify the
Joint Legislative Committee if he or she believes that any Louisiana commissioner or
alternate has violated his or her oath or instructions while participating in the convention.
B. Prior to the Article V Convention, the legislature shall consider “Recommended
Commissioner Instructions” presented to it by the Joint Legislative Committee as discussed
further in Section 4 below, and shall by concurrent resolution provide duly approved
instructions to the commissioners and alternates regarding the scope of matters they may
consider and vote on at convention, including rules of procedure and proposed amendments.
Such instructions may be changed by the legislature prior to or during the convention. These
instructions shall include, but shall not be limited to:
1. An instruction that the commissioners shall not support any voting rule other than
the rule whereby each state exercises one vote; and
2. An instruction that on all voting matters at the convention, the decision of a
simple majority of the Louisiana commissioners shall constitute a single vote for the State
of Louisiana.
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C. Any vote cast by a commissioner or alternate at an Article V convention that is
outside the scope of any of the following is an unauthorized vote, and is therefore void:
1. The instructions established by any concurrent resolution adopted under this
Resolution or later amending resolutions.
2. Any limits identified in the Louisiana legislature's application for the convention.
Section 4. Authorization for and Role of the Joint Legislative Committee
A. After or near the time an Article V convention is called, a Joint Legislative
Committee shall be duly authorized by the legislature for the purposes described in this
Section. The Joint Legislative Committee shall be comprised of four members of the Senate
appointed by the President of the Senate and four members of the House appointed by the
Speaker of the House, and shall have the initial task of presenting “Recommended
Commissioner Instructions” to the full legislature for consideration leading to a concurrent
resolution as discussed in Section 3(B) above. Such Commissioner Instructions will define
the scope of matters the Commissioners may consider and vote on at the Article V
Convention, including rules of procedure and proposed amendments as discussed more fully
in Section 3 above. All recommendations that secure a simple majority vote of the members
present will be deemed approved “Recommended Commissioner Instructions” to be
submitted to the full legislature for its consideration.
B. After commissioners have been selected, the Joint Legislative Committee may
recall any commissioner and revoke such commissioner's authority. However, the Joint
Legislative Committee may only recall and revoke the authority in the event the
commissioner casts or attempts to cast an unauthorized vote as described in this Resolution.
The Joint Legislative Committee shall also appoint one of the selected alternates to take the
place of a commissioner so recalled. The Joint Legislative Committee shall promptly
investigate any notice that a commissioner or alternate has cast an unauthorized vote or
otherwise exceeded the scope of the legislature's application for the convention or the
legislature's instructions to the commissioners. The Joint Legislative Committee shall act
to ensure that the commissioners remain faithful to the terms of the convention application
and the legislature's instructions. Before or during the Article V Convention, the Joint
Legislative Committee may advise the commissioners on questions which arise regarding
the scope of the convention and the legislative instructions to commissioners.
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C. By concurrent resolution, the legislature may change or supersede any action of
the Joint Legislative Committee or recall commissioners or alternates to the convention, or
appoint new commissioners or alternates.
D. The Joint Legislative Committee shall be authorized to conduct its business via
telephone or by electronic communication.
Section 5. Conflicts with Convention Rules or Procedures
Should the provisions of this Resolution conflict with the rules or procedures
established by the Article V convention, the legislature may by concurrent resolution
conform these provisions to such rules or procedures.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
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