Louisiana. Constitutional Convention (1973).

Records of the Louisiana Constitutional Convention of 1973 (Volume 4) online

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28 officer at elections held in accordance with the election

29 laws of the state. Such officials shall not be subject to re-

30 moval by the legislature. The salaries of these officials shall

31 not be reduced during the terms for which they are elected.

32 Section 13. Filling of Vacancies; Appointment

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^ Section 1.". (A) Vacaiiuies occasioned \,y deaih, resinia- 1

2 tion. oi' cti.crwisc, in th:.> otlice of poiice juror, city council. 2

3 parish or municipal jovernin,, auiho.iiy, or special district 8

4 thereof, mayor, and any other local official elected within 4

5 the bou:id../.^i oi ^hc local povernmeutal subdivision, shall be 5
Q filled ..y i.ppointmeiit 'oy the governing authority of the 8
17 Ic^a. t'overnmental subdivision, unless otherwise provided 7
g by the home rule charter or home rule plan of government 8
f) of the affected local governmental subdivision. \'acancies in 9

20 the membership of city or parish school boards shall be 10

i^ filled by apiiointmont by the remaining members thereof. 11

22 A tie vote l;y the govarnini: authority of the local govern- 12

23 mental su 'divis'.on or school loaid shall be broken by its 18

24 presiding officer regardless of 'he fact tha' he may already 14

25 have voted as a m'jmber of the appointing body. 16
25 (B) If, at the time a vacancy occurs in an elective office 18

27 for which appointment is provided in Paragraph A of this 17

28 Section, the unexpired portion of the term of office is more 18

29 than one year, a special election to fill the vacancy shall 19

20 bfi called by the governing authority, and held without the 20

21 necessity of a call by the governor, not more than six 21

22 months nor less than three months, after first receipt of 22

23 notice of the vacancy by the secretary of state, to be given 28

24 as hereinafter provided, in the local governmental subdivi- 24

25 sion or special district thereof in which the vacancy oc- 25

26 currcd, and in such case the appointment provided for in 26

27 Paragraph A of this Section shall be effective only until 27

28 a successor is duly elected and qualified. -8

29 (C) Upon being informed of the occurrence of a vacancy 29

30 in any of the offices specified in Paragraph A of this 30

31 Section, the clerk or chief clerk of the district court in 31

32 the parish where the vacancy occurred, and in the parish b-

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C. P. No. 8

of Orleans the clerk or chief clerk of the criminal district
court, shall, within twenty-four hours after being thus in-
formed, notify the secretary of state in writinp' by registered
or certified mail of the occurrence of the vacancy. Upon
.•eceipt of such notice, the secretary of state shall, within
twenty-four hours after such receipt, notify in writing by
registered or certified mail all election officials, including
party committees and boards of supervisors of elections,
having any duty to perform in connection with a special
election to fill such vacancy, of the occurrence of the
vacancy.

(D) Nothirr in this Section shall be construed as chaii-r-
ing the qualifications for the various offices involved and
all appointments must be of persons who would otherwise
re eligible to hold offices to which appointed.

(E) The provisions of this Section shall apply to all
local governmental subdivisions unless otherwise provided
nv the home rule charter or the home rule plan of govern-
ment of the affected local governmental subdivision.

(F) Vacancies occasioned by death, resignation, or other-
wise in the office of sheriff, assessor, clerk of a district
court, or coroner shall be filled by appointment by ;he
governing authority of the parish at the time and in the
manner provided in Paragraphs (B) and (C) of Section
14 of this Article.

(G) The provisions of this Section shall not apply to
the office of judge of any state court of record or district
attorney.

Section 14. Legislation Increasing Financial Burden of
Political Subdivisions ; Local Approval

Section 14. No law requiring an increase in expenditures,
or deductions from the funds of a political subdivision for
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J^ salaries of local public officials or for wages, hours, work-

2 ing conditions, pension and retirement benefits, vacation or

3 sick leave benefits of political subdivision employees, or

4 an increase in commission of or for local political subdivi-

5 sion offices, except a law providing for civil service, min-

6 imum wages, working conditions, and retirement benefits

7 for firemen and policemen, shall have effect until approved

8 by ordinance enacted by the governing authority of the

9 political subdivision affected thereby or until the legislature

10 appropriates funds to the affected political subdivision for

11 that purpose and only to the extent and amount that such

12 funds are provided.

18 Section 15. Appropriation to Political Subdivisions

14 Section 15. When the legislature .appropriates funds to

15 one or more political subdivisions and the legislature does

16 not specify the purposes for which such funds shall be

17 expended, or the amounts to be expended therefor, the

18 expenditure of such funds shall be determined solely by

19 the governing authority of the political subdivision or polit-

20 ical subdivisions to which the funds are appropriated. The

21 legislature may require a report concerning the allocation

22 and expenditure of such funds.

23 Section 16. Creation of Special Districts; Authority

24 Section 16, The power of the legislature by general or

25 special law to create or authorize the creation of special

26 districts, boards, agencies, commissions, and authorities of

27 every type, to define their powers, and subject to the limi-

28 tations imposed in this constitution, to grant the special

29 districts, boards, agencies, commissions, and authorities so

30 created such rights, powers, and authorities as it deems

31 proper, including, but not limited to, the power of taxation,

32 the power to incur debt and issue bonds, and the power

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C. P. No. 8

1 to reclaim property from the beds of lakes and streams,

2 is hereby confirmed.

3 Section 17. Governing Authorities of Local Governmental

4 Subdivisions; Controls Over Agencies They Create

5 Section 17. (A) In addition to any other powers granted
g by the legislature, the governing authority of a local govern-

7 mental subdivision shall have the following powers over

8 any agency heretofore or hereafter created by it: (1) to

9 appoint and remove members of the governing body of the

10 agency; (2) to exercise budgetary and fiscal control over

11 the agency, including the power to modify or veto its

12 operating budgets, or veto or reduce line items; or to sub-

13 stitute a different budget therefor; (3) to abolish the

14 governing body of the agency and to substitute itself there-

15 for, with authority to exercise all of its powers and func-

16 tions; and (4) to abolish the agency if the obligations or

17 indebtedness of the agency are not thereby impaired.

18 (B) No such agency shall have authority to levy a tax,

19 impose any charge, or issue bonds unless the proposal there-

20 for is first approved by the governing authority of the

21 local governmental subdivision; provided, however, that after

22 such original approval is granted no further approval shall

23 be required.

24 (C) If the creation of the agency required the concurrence

25 of two or more local governmental subdivisions, concurrence

26 of all of them shall be required for the exercise of the

27 above powers.

28 Section 18. Special Districts and Public Agencies; Con-

29 solidation, Merger, and Assumption of Debt

80 Section 18. (A) Any local governmental subdivision may

81 consolidate and merge into itself any special district or
32 public agency, except school districts, situated and having

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2 jurisdiction entirely within the boundaries of such local

2 governmental subdivision. Upon such merger or consolida- ^_

3 tion the local governmental subdivision shall succeed to Z

4 and be vested with all of the rights, revenues, resources, .1

5 jurisdiction, authority, and powers of such special district '<

6 or public agency. No such action shall take effect unless 6

7 a majority of the electors in such special district and a 7

8 majority of the electors in the local governmental subdivi- 8

9 sion who vote in an election held for that purpose vote S

10 in favor thereof. 10

11 (B) If the special district or public agency which is 11

12 abolished has any outstanding indebtedness, the authority 12

13 provided for by this Section shall not be exercised unless 13

14 provision is made for the assumption of such indebtedness 14

15 by the governing authority or authorities of the local gov- 1."

16 ernmental subdivisions involved. 16

17 Section 19. Historical Preservation Districts 17

18 Section 19. (A) In order to promote the educational, cul- 18

19 tural, economic, and general welfare of the public through 19

20 the preservation and protection of buildings, sites, raonu- 20

21 ments, structures, areas and districts of historic or archi- 21

22 tectural interest or importance, each local governmental sub- 22

23 division of the state, acting through a commission or other- 23

24 wise, shall have the power and authority to establish, op- 24

25 erate and maintain historic preservation areas and districts 25

26 by the adoption of appropriate ordinances and laws, which 26

27 is hereby declared to be for a public purpose. 27

28 (B) The governing authority of each local governmental 28

29 subdivision shall have the power and authority of review 29

30 to affirm, reverse or modify, in whole or in part, any action 30

31 or decision of such commissions. 31

32 Section 20. Acquisition of Property 32

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C. P. No. 8

Section 20. Subject to such restrictions as the legislature
m.iy provide by general law. political subdivisions may ac-
qiiire property for any public purpose, including but not
limite:! to acquisition by purchase, donation, expropriation,
or exchange.
Section 21. Servitudes of Way; Acquisition by Prescription
Section 21. The public, represented by the various politi-
cal subdivisions, may acquire .■^ervitlldes of way by prescrip-
tion in the manner prescribed by law.

Section 22. Prescription Against State and Political Sub-
divisions

Section 22. Prescription shall not run against the state
or any political subdivision or special district thereof in
any civil matter, unless otherwise provided in this con-
stitution or expressly by general law.
Section 23. Zoning

Section 23. Local governmental subdivisions may enact
land use regulations and zoning ordinanc;^s and create and
classify therein residential, commercial, industrial, and other
districts, and may regulate the preservation of the charac-
ter of ■lUildin.gs, monuments, structures, and buildings ai'.d
areas of historical importance. Local governmental subdi-
visions may create airport zones and regulate the heights
of buildings, structures, and objects of natural growth in
areas surrounding airports.
Section 24. Industrial Areas

Section 24. The legislature may authorize parishes to
create industrial areas within their boundaries in accor-
dance with such procedures and subject to such regula-
tions as the legislature shall determine. Parish industrial
areas shall not be subdivisions of the state.
Section 25. Assistance to Local Industry by Political Sub-
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1 divisions

2 Section 25. (A) Subject to such re.strictions as it nnay

3 impose, the legislature may authorize any political subdi-

4 vision, in order (i) to induce and encouraL'e the location

5 of or addition to industrial enterprises therein, or (ii) to

6 provide for the establishment and furnishing of industrial

7 plant?; for the conversion or processing of raw farm or
g agricultural products, or (iii) to provide movable or im-
9 movable property, or both, for pollution control facilities:

10 (1 ) to issue bonds and use the funds derived from the

11 sale thereof to acquire and improve industrial plant sites

12 and other property necessary to the purposes thereof; (2)

13 to acquire, through purchase, construction, or otherwise,

14 and to improve, industrial plant buildings and industrial

15 plant equipment, machinery furnishing, and appurtenances;

16 and (3) to sell, lease, or otherwise dispose of all or any

17 part of the foregoing.

18 (B) It is hereby found and declared that the purposes

19 designed to be accomplished herein are publi' :.nd proper

20 legal purposes and will be of public benefit to the poli.ical

21 subdivision issuing the bonds.

22 Section 26. Intergovernmental Cooperation

23 Section 26. (A) Any political subdivision may exercise

24 and perform any of its authorized powers and functions,

25 including the financing, jointly or in cooperation with one

26 or more political subdivisions, either within or without the

27 state, the United States or agencies thereof, except as the

28 legislature shall provide otherwise by law.

29 (B) Except as otherwise provided in this constitution,

30 the legislature shall not by general or special law require

31 political subdivisions to exercise or perform functions jointly

32 or in cooperation with any other political subdivision, nor

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C. P. No. 8

■^ shall the legislature require consolidation of governmental

2 functions of local governmental subdivisions; provided, how-

3 ever, the legislature may enact laws authorizing the con-

4 soiidation of political subdivisions or the joint exercise of

5 powers and functions by political subdivisions, but no suth
g law shall become effective until submitted to and approved
7 by two-thirds of the electors in each of the political sub-
g divisions affected thereby, who vote in an election call'j.l
9 for that purpose.

10 Section 27. Recall

11 Section 27. The legislature shall by general law provide

12 '■ r the recall of state, district, parish, municipal, or ward

13 officers, except judges of the courts of record, and except

14 • l.ei'eiii otherwise provided by this constitution. The sole

15 issue to be voted on at any recall election shall be whether

16 >uch officers shall be recalled.

17 Section 28. Uniform Procedure for Calling, Conducting,

18 and Canvassing the Returns of Certain Special Electioi:-

19 Section 28. When any election is required to be held

20 in any political subdivision pursuant to the provisions of

21 this constitution which requires submission to the electoi ■■

22 "f any proposition or question, such as the change of parish

23 !::k'.-,. change of location of parish seat, levying of taxes,

24 issuance of bonds or incurring of other debt obligations,

25 the assumption of debt, referendum, recall, or the adoption

26 of a home rule charter, the election shall be called, con-

27 .dncted, and the returns thereof canvassed, in accordanc

28 with the law pertaining to elections for incurring bonded

29 indebtedness and special taxes relative to local finance,

30 as the same now exists or may hereafter be amended,

31 or as may be otherwise provided by the legislature.

3» Section 29. Political Subdivisions; Taxing Power;

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1 Limitatior.s

2 Section 29. Political subdivisions may exercise the power
Q of taxation, subject to such limitations as may be else-
A where provided in the constitution, under authority granted
c to them by the legislature for parish, municipal, and local
g purposes, strictly public in their nature. The provisions of
17 this Section shall not apply to, nor affect, similar grants
a to such political subdivisions under other sections of this
Q constitution which are self-operative.

iQ Section 30. Parish Tax Limits; Increase, Withdrawal of

j^]^ Municipality from Parish Taxing Authority

22 Section 30. (A) The governing authority of each parish

23 may levy an ad valorem tax for general purposes, in an

24 amount not to exceed in any one year, four mills on the

25 dollar of assessed valuation; however, in Orleans Parish
]^ the limitation shall be seven mills and in Jackson Parish
27 the limitation shall be five mills. Millage rates may be
2g increased in any parish when approved by a majority of
29 the electors who vote in an election held for that purpose.

20 (B) Where millage increase is for other than general

21 purposes, the proposition shall state the specific purpose

22 01" purposes for which the tax is to be levied, the length

23 of time the tax is to remain in effect, and all proceeds

24 of the tax shall be dedicated to the purpose or purposes

25 set forth in the proposition.

26 (C) The amount of the parish tax for general purposes

27 which any parish, except the parish of Orleans, may levy,

28 without a vote of the electors, on property located wholly

29 within any incorporated city or town, which has a popula-

80 tion in excess of one thousand inhabitants according to

81 the last census and which provides and maintains a system
32 of street paving, shall not exceed one-half the tax levy for

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C. P. No. 8

1 general purposes.

2 (D) This Section shall not be construed to repeal or

3 affect the withdrawal of property in a municipality from

4 parochial taxing jurisdiction, in whole or in part, by s

5 provision of the legislative charter of the municipality in

6 effect on the date of adoption of this constitution.

7 Section 31. Municipal Tax Limits; Increase

8 Section 31. (A) The governing authority of each munici-

9 pality may levy an ad valorem tax for general purposes,

10 in an amount not to exceed in any one year, seven mills

11 on the dollar of assessed valuation; provided that where

12 any municipality is, by its charter or by law, exempt from

13 payment of parish taxes or, under legislative authority,

14 maintains its own public schools, it may levy an annual

15 tax not to exceed ten mills of the dollar of assessed valu-

16 ation. Millage rates may be increased in any municipality

17 when approved by a majority of the electors who vote

18 in an election held for that purpose.

19 (B) Where the millage increase is for other than gen-

20 eral purposes, the proposition shall state the specific pur-

21 pose or purposes for which the tax is to be levied, the

22 length of time the tax is to remain in effect, and all

23 proceeds of the tax shall be dedicated to the purpose or

24 purposes set forth in the proposition.

25 (C) This Section shall not apply to the city of New

26 Orleans.

27 Section 32. Special Taxes; Ratified

28 Section 32. (A) Any special tax being levied by any

29 political subdivision under prior laws or the constitution

30 of this state when this constitution is adopted is hereby

31 confirmed and ratified.

32 (B) For the purpose of acquiring, constructing, improv-

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\ ing, maintaining and operating any work of public improve-

2 merit, any political subdivision may levy special taxes when

3 authorized by a majority of the electors who vote in an

4 election held for that purpose.

5 Section 33. Political Subdivisions; Exclusive Authority to
(5 Levy and Collect Ad Valorem Taxes.

7 Section 33. Notwithstanding any provision contained in

8 Article - , Section of this constitution to the con-

9 trary, the power of taxation shall not be exercised by the

10 legislature to levy an ad valorem tax upon any property

11 in the state, and such power shall be exclusively vested

12 in political subdivisions to be exercised as provided in this

13 constitution.

14 Section 34. Local Governmental Subdivision; Occupational

15 License Tax

16 Section 34. Local governmental subdivisions may impose

17 an occupational license tax in an amount not greater than

18 that imposed by the state. Local governmental subdivisions

19 may impose an occupational license tax in an amount
£9 greater than that imposed by the state when so authorized

21 by an act passed by at least a two-thirds vote of the elected

22 membership of each house of the legislature.

28 Section 35. Local Governmental Subdivisions; Sales Tax

24 Authorized

25 Section 35. (A) Except as otherwise authorized in a home

26 rule charter provided for in Sections 7 and 8 of this Article,

27 local governmental subdivisions and school districts are au-

28 thorized to levy and collect a tax upon the sale at retail,

29 the use, the lease or rental, the consumption and storage
80 for use or consumption of tangible personal property, and

31 on sales of services, as defined by law; provided, however,

32 the rate thereof when combined with the rate of all other

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presently imposed or future sales and use taxes, exclusive

of state sales and use taxes, levied and collected within

any local governmental subdivision shall not exceed three

percent.

(B) No tax authorized in Paragraph (A) of this Section
shall become effective until a proposition for the imposi-
tion thereof is submitted to the electors of the affected
local governmental subdivision and approved by a majority
of the electors who vote in the election held for that pur-
pose.

(C) The legislature shall have the authority by general
law to exempt or exclude any goods or tangible personal
prop?rty or services from any sales and use tax levied
by a !oc3,! governmental subdivision; provided, however, such
exemptions or exclusions shall also apply to state sales
and use taxes.

Section 36. Bonds of Political Subdivisions; General Ob-
ligations

Section 36. The full faith and credit of every political
subdivision is hereby pledged to the payment of general
obligation bonds issued by it under this constitution or
the terms of the statute or proceedings pursuant to which
they are issued. The governing authority of the issuing
political subdivision shall levy and collect or cause to be
levied and collected on all taxable property in the political
subdivision ad valorem taxes fully sufficient to pay princi-
pal and interest and redemption premiums, if any, on such
bonds as they mature.

Section 37. Taxpayer Authorization of Ad Valorem Tax
Bonds of Political Subdivisions

Section 37. General obligation bonds may be issued only
after authorization by a vote of a majority of the electors
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1 who vote on the proposition at an election in the political

o subdivision issuing such bonds. Refunding bonds, even

u

o though payable solely from ad valorem taxes, need not

A be so authorized at an election if the indebtedness refunded

r is paid or cancelled at the time of the delivery of the re-

p funding bonds, or if money, or securities made eligible

ri for such purpose by law, are deposited in escrow in an

Q adequate amount, with interest, to be utilized solely tor

g the purpose of retiring the refunded indebtedness or bonds

2Q and paying interest thereon and redemption premiums, if

11 any, to the time of retirement.

lo Section 38. Limitations on Bonded Indebtedness of Politi-

iq cal Subdivisions

14 Section 38. (A) General obligation bonds may be issued

25 by any political subdivision for any single purpose which,

jg including the existing bonds of such political subdivision

Yl incurred for the same purpose and payable solely from ad

J8 valorem taxes levied without limitation as to rate or amount,

jjj shall not exceed in the aggregate ten percent of the as-

20 sessed valuation of property in the political subdivision,

21 to be ascertained by the assessment roll for the political

22 subdivision last completed prior to the delivery of such

23 bonds, except that as to both parishwide school districts

24 and other school districts, the limitation shall be twenty-

25 five percent of the assessed valuation of property, and

26 except as to general obligation industrial development bonds,

27 such limitation shall be twenty percent of the assessed

28 valuation of property in the political subdivision.

29 (B) Any municipality financing and operating its own

30 schools and not located within a parishwide or other school
SI district shall be regarded as and treated on the same basis
32 for the purpose of debt limitation and shall have the same



Online LibraryLouisiana. Constitutional Convention (1973)Records of the Louisiana Constitutional Convention of 1973 (Volume 4) → online text (page 12 of 65)